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Record of Official Proceedings of the Common Council
of the City of._ Rochester, Minn., - June 19, 1972
Minutes of an adjourned regular meeting of the Common Council of the City of
Rochester, Minnesota held in the Council Chambers in the City Hall, in said City, on
June 19, 1972.
President Postier called the meeting to order at 7:30 o'clock P. M., the following
members being present: President Postier, Aldermen.Kamper, Larson, McNary, Powers, Strain.
(Absent: Alderman Mayer.
Upon motion by McNary, second by Kemper, and all present voting in favor, the
minutes of the meetings held on May 30th, June 5th and June 12th, 1972 were approved.
Hearing on petition to rezone Lots 3'and 4 of Replat of Lot.l, Bielenberg,&Giese
Replat from the R-1 to the B-la Zone.. The recommendation of the Planning and Zoning Commission
was that the City's Land Use Plan has this general area designated as being best suited for
commercial use, the existing use in the area is vacant land with single family homes to the
south and east, the proposed change in zoning is generally in accord with the city's land use
plan and based on these findings, they recommend that the zoning districting be changed from
the R-1 District to the B-la District (the petitioner had requested a change to B-3 District).
Dr. Jary Larson of 2079 Lenwood Drive, the petitioner, said they wanted to build a dental
office on this property and they did not have drawings of the specific building because they
were not sure if the zone change would be approved but he showed several sketches of proposed
buildings; he also said there would not be traffic coming onto llth Avenue as.they would not
have an entrance directly onto llth Avenue N.W. There was no one else present wishing to be
heard. President Postier declared the hearing officially closed. A motion was made by Larson,
second by Powers, that the recommendation of the Planning & Zoning Be approved and the City
Attorney be instructed to prepare an ordinance changing the land to B-la; all present voted in
favor.
Hearing on approval of final plat of Elton Hills East Tenth Subdivision. Mr.
Stanley Guth of Builders Land was present to answer any questions. Mr. Billie Larimer of
617 - 28th Street N. W. was present and said his only interest was what would,the zoning of
this property be. Mr. Tom Moore, Planning Director, said that at the present.time it is
zoned as R-1 which is single family residential essentailly but allows such things also as
schools, churches, etc. There was no one else present wishing to be heard. President Postier
declared the hearing officially closed. A motion was made by Strain, second by McNary, that
a resolution be adopted approving the said plat; all present voted in favor. Alderman McNary
brought up the matter of a law allowing the City or municipality to require a reasonable
percentage of their development be dedicated for park purposes and if they can't. give the land
the value thereof be donated to the City. The City Attorney said this would have, to be done
by ordinance and the Council would have to set up standards to go by. Mr. Tom Moore, City
Planning Director, said this had been discussed before and if.the law or --court decides that
5% of the land or value thereof as a criteria, that is alright but he thought the question was
more how much park land was ndeded to serve how many people, you may need more than 5% or you
may need less, Mr. Moore suggested some kind of acreage per 1000 people be set up as reasonable
standards
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Record of Official Proceedings of the"'Common Council
of the City of Rochester, Minn., June 19, 1972
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standards and it could then be,applied differently as the density of the area requires, he
said they had previously worked up a table on this. Mr. Moore was requested to bring up the
information he had compiled on this matter.
Request_of Rochester Post Bulletin for permission_to state its annual fireworks
display at Silver Lake on Tuesday, July 4th:or Wednesday, July 5th_in the event of rain. A..
motion was made by Larson, second by Powers, to approve the permit and thank the Post Bulletir
for their public spirit and cooperation; all present voted in.favor.
Applications of Cyril Ryan for "on" and "off" sale._non-intoxicating malt liquor
licenses at 119 North Broadway formerly the Tap.Room, this is an:application.for a new
license rather than the transfer application previously denied. Upon.motion by.McNary, s
by Strain, and.all voting in.favor except Alderman Kamper who voted "nay",,the licenses were
granted.
Upon motion by Strain, second by Powers, and all.present voting in.favor, the
applications of IBM, Pioneer Distributing Company and.Cyril Ryan for license to sell
cigarettes were approved and the licenses granted.
Upon motion by Strain, second by, Powers, and all.present voting in favor, the
following contract bonds were approved: Doyle Conner Company (5) in the amounts of $6,532.96,
$28,3,97.79, $24,673.86, $12,581.42 and $11,747.18 with General Insurance Company of America
as surety; Johnson Drake & Piper, Inc..in the amount of $16,020.37 with United States
Fidelity and Guaranty Company as.surety.
Upon motion.by Larson, second by McNary, and*all present voting in favor, the Ci
Attorney was instructed to prepare a resolution amending the Parking Resolution as follows,
as recommended by the Traffic Engineer:_ (1) Establish a Truck Loading Zone at " Second
Street Southwest on the north side of the street 22 feet more or less in front of the.premises
known as the Plummber Building" (2) Deleting Subsection 19 of Section D of the Master Parking
Resolution and (3) Establish Passenger and Commodity_Loading Zone at "Second Street Southwest
on the north side of the street 22 feet more or less in front of the premises known as the
Pluum era Bui lding".
Upon motion by Strain, second by McNary, and all present voting in -favor, a
resolution was adopted approving and accepting assignment of additional securities in the net
amoutn of $95,000.00 in collateral in lieu of a depository bond from the Olmsted_County Bank
and Trust Company.
Recommendation of City Engineer that bids be advertised for opening on August 3rd
for Council consideration on August 7th for Part 2 and Part 3 of the local improvement project
"Elevated Water.Tank and Trunk Mains.for High Level District in Eastk of Section 27 and Westk
of Section 26 of the.Northwest Service Area. A motion was made by Larson, second by Powers,
to adopt a resolution approving plans and specifications and ordering bids for the above
project. Alderman Kamper suggested that the Council take a.look at the various types of
water towers,.she said_she had.seen one_in West St. Paul which is cylindrical.in form and
fluted with vertical parallel grooves that was very attractive. Upon motion by Larson, seconc
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., June 19, 1972
by Strain, and all present voting in favor, the matter was tabled for two weeks to:allow time
to check out various types of water towers.
Resolution approving plans and specifications for local improvements on 25th Street
N. W: and parts of 25th and 27th Avenue N. W. in -Northridge First Subdivision and authorizing
and directing Mayor and City Clerk to execute a contract with Rochester Sand & Gravel, Inc.
and Gerald R. Crowson for construction of said improvements. Upon motion by Larson, second
by Powers, and all present voting in favor, resolution adopted.
An Ordinance Rezoning Certain Property and Amending the Zoning Ordinance of the City
of Rochester, Minnesota (hots 3 and 4, Replat of Outlot #1 Bielenberg and Giese 4th Addition •
from R-1 to B-la District) was given its first reading..
An Ordinance Rezoning Certain Property and Amending the Zoning Ordinance of the City
of Rochester, Minnesota (John Pervin Property in Marion Township from R-3 to B-3) was given its
first reading.
An Ordinance Rezoning Certain Property and -Amending the Zoning Ordinance -of theCity
of Rochester, Minnesota (Middlewest Development Corp. property in Marion Township from R-1 to
R-3 and Flood Plain) was given its first reading.
• Resolution approving the 1973 Maintenance Agreement between the City of Rochester
and State of Minnesota covering Trunk Highways within Rochester. Upon motion by Kamper,.second
by Strain, and all present voting in favor, resolution -adopted. -
An Ordinance Rezoning Certain Property and Amending the Zoning Ordinance of -the -City
.of Rochester, Minnesota (Lots 17 and 19, portions of, Allendale Subdivision from R-1 to R-3 and
B-3) was given its second reading. A motion was made by Strain, second by Powers, that the
said ordinance be adopted as read and all present voting in favor, President Postier declared
the said ordinance duly passed and adopted.
Gerald Swanson, City Attorney, suggested that the Common -Council make a motion to
give the proposed New Zoning Ordinance its 2nd reading and he would then make a few amendments
to the matter of trailers and some typographical errors, it would have to be adopted at this
meeting in order to put it into effect by July 1st. A motion was made by Larson, second by
McNary, to suspend the rules and give the proposed New Zoning Ordinance its second reading •
and upon roll call Alderman Powers voted "nay. (The Council was to further discuss this
ordinance at their Committee of the Whole meeting next Monday).
A motion was made by Kamper, second by McNary, and passed unanimously that the
semi-monthly bills, list attached, in the amount of $430,065.82 be approved.
Gerald Swanson, City Attorney, reported that a hearing was held today on the
injunction action brought by Jamaro Apartments, James J. Dailey, Roger F. Kline and Marlin
Kunard a joint venture, the hearing was on an order to show cause at which -time the City
made a motion to dismiss and the Judge granted the motion; this was on the sidewalk project
on 37th Street and 18th Avenue N. W.
Action on the Fixed Base Operator Lease at the Municipal Airport with Halvorson,
Record of Official Proceedings of the"Common Council
of the City of Rochester, Minn., June 19, 1972
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Inc. was extended until Wednesday, June 21st and if by then the contract is not signed the
City will proceed in attempting to find someone else.
Mark James of Appleton, Wisconsin was present and said he had written a letter
requesting a permit to sell flowers on the streets, he had proposed to sell from three
carts and primarily inithe vicinity of the hospitals. He was informed that the City did
not issue permits for sales like this on city property.
Upon motion by Kamper, second by Larson, and all present voting in favor,•the
meeting was adjourned.-
City lerk
INFORMATION 6/19/72
1.• Minutes of Standing Committees - 6/12/72
2. Suit by Jamaco Apartment.seeking a permanent injunction against the construction
of sidewalk Project #-1972 (J-8425)
3. Suit by Dale R. Arndt VS City and the Bemel Estate concerning the recent height
variance granted for the proposed Ramada -Inn -
4. Letter from Joseph J. Larson re annexation of Lots 12, 13 and 14, Block 3,
Knollwood Acres (referred to City Engineer, Attorney)
5. Letter from Robert Patterson re County Cidb Manor Pond (referred to Police & Attorney)
6. Claim of Damage - Daryl Duffin of 2505 East River Road (referred to Attorney,
Insurance -and Attorney and Engineer)
7. Peoples Natural Gas Annual Report
8. -Letter from R. C.-Kemple-re:- connecting to city sewer (referred to Engineer)
9. Letter from Joe Albright re: sidewalk assessment (referred to Engineer)
10. Rochester Township has filed notice that it objects to the annexation of Lots 12, 13
and 14 Block 3 Knollwood Acres
11. The Public Service Commission will hold hearings on July 6, 1972 at 10:30 A. M. in
the City Hall on the matter of 2nd St. S.E.-N.E. crossing the C & NW RR tracks
12. The Public Service Commission has ordered the C & NW RR spur track in Block 47,
Original Plat removed (site of proposed Park Towers)
13. Referred to Planning and Zoning
(a) petition to vacate the utility easements running at the back of Lots 2-4, Block 3
Northgate 3rd Addition, Lots 2, 5-9, Block 3, Northgate Replat and Lots 10-16,
Block 3 Northgate 3rd Addition (C.R. Hutchinson of 1005 8th Ave. S.W.)
(b) petition to rezone property bounded by and between 4th Street S.W. and 5th Street
S.W. and 2nd Ave. S.W. to the alley between 1st and 2nd Ave. S.W. in Block 8,
Original Plat
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