HomeMy WebLinkAbout07-06-1972P
358
Record of Official Proceedings of the Common Council
of the City of .Rochester, Minn., July 6, 1972
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Due to the lack of a quorum; the meeting scheduled for July 3, 1972 was adjourned
to 2:00 o'clock P. M. on July 6, 1972-(Alderman Larson was the only member present).
Minutes of a 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 July 6, 1972.
President Postier called the meeting to order at 2:00 o'clock-P. M., the following
members being present: President Postier, Aldermen Kamper, Larson, Mayer, McNary, Powers,
Strain.- Absent: None.
Upon motion by Larson, second by Mayer, and all voting in favor, the minutes of the
meeting of June 19, 1972 were approved.
Hearing on the following proposed amendments to the Subdivision Ordinance:
1. Add the following:
"Planned Unit Development"
41:600 Modifications: In any planned unit development the provisions
of Article 41.300 pertaining to Subdivision Design Standards may be
modified to accomplish the purposes of the approved development plan..
2. Add to Paragraph 41.203 - 15 under Final Plat the following:.
( v) County Surveyor. Acertificate that the plat has been checked for
surveying accuracy and compliance with applicable state platting
laws.
There was no one present wishing to be heard. President Postier declared the hearing
officially closed. A motion was made by.Larson, second by McNary, that the City Attorney be
instructed to prepare an ordinance amending the said Subdivision Ordinance; all voted in,favor.
A letter from .the Rochester Church of Christ at 632 2nd Street S.W. opposing the
granting of a building permit to Robert Springer for remodeling the present office space
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within the building located at 626 Second•Street S. W. into apartments. 'Mr. Jerry Willis
representing the Church was present and stated that they wished to protect their property,
not so much for right now but at a later date in case*of sale. Mr. Robert Springer, the
petitioner ouilined that he had submitted an application and was given an opinion by the City
Attorney that he would'be required to secure an easement prior*to*the issuance'of a building
permit; he was unable to get an easement or yard agreement, so he appealed the decision of the
Building Inspector the Board of Appeals and they adopted the following motion:
"That Mr. Springer's appeal be granted with the understanding that the
design and construction of the Springer property for which a variation
is hereby granted is subject to change and alteration at the owners
expense if development on the adjoining property necessitates such
changes and alterations. The granting of this variation shall not limit
or effect the development and use of the adjoining property on the west
side of the Springer Building."
Mr. Springer has now submitted the plans for checking and when it became evident that a
permit would not be issued before July 1, 1972 (the date of the new State Building Code) and
after the State Building Code is in effect the action of the Board of Appeals would no longer
be valid. No action was taken by the Council. It was suggested to Mr. Springer that he have
the action of the Board of Appeals recorded; he was also told that certain problems with the
Planning & Zoning Department relative to parking had not been resolved and that there is a
rather extensive State Building Code correction list which must be rectified prior to issuance
of permits.
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Record of Official Proceedings of the 'Common Council
of the City of Rochester, Minn., July 6, 1972
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• Mrs..J. R. Hill, Mr. H. W. Thue, Mrs. Robert Dunlap and Mrs. Joe Rodarte,
representing Heritage Associates were present. Mrs. Hill said they had just learned that
the Whiting house -would have to be moved by August 10th, she said this project is a
preservation project and they.were trying -to undertake to do something for the City, she
said they would like -to move the house on the -property at the -corner of 4th•Street S.E.
and 6th Avenue S.E.,-they were at the point now where they would have to have some
financial assistance as well as verbal support. She said they had met with the Park
Board, the Public Utility Department and many other organizations and outlined in detail
some of their plans and projects. Mr. H. W. thue said the Whiting house was a great pie
of architecture and some of these old pieces of architecture could be used as a living
memorial to some of the great people who have lived in Rochester but he said they needed
time to _develop some plans. They were informed that the Whiting'House could stay where it
was until November 15, 1972 and could temporarily be moved back 10 or-15 feet so it would
not interfere with the construction of 2nd Avenue N.E.
Upon motion by Powers, second by Strain, and all voting in favor, the
application for -transfer of "on" and "off" sale non -intoxicating malt liquor from Claude
Darst to Dennis Darst at 503 First Avenue S. W. was approved.
Upon motion by -Larson, second by Kamper, and all voting in favor, the
application of the Olmsted County Fair Board for an on -sale beer license for the Beer
Garden building at the fairgrounds, July 31 through August 6, 1972 was approved.
Upon motion by Kamper, second by Strain, and all voting in favor, the Mayor
was authorized to execute an amendment to the electric contract FA-3-1338 covering wiring
to the FAA facilities at the Municipal Airport.
Recommendation of Airport Commission-tequesting the Commissioner of Aer
to authorize preparation of an Airport Security Plan and an Airport Operations Manual for
the Rochester.Municipal Airport; this work would be done by R.-Dixon Speas Associates,- Inc
for a cost not to exceed $4,500 and would be completed by October 31, 1972; the City's
share would be $1,500 with thestate picking up $3,000 and the state will reimburse the
city for its proportionate share after its review and acceptance of bhe'plan and manual.
Upon motion by Strain, second by Powers, and all voting in favor, a resolution was adopte
authorizing and directing the Mayor and City Clerk to execute, on behalf of the City, the
State Aid Agreement relative to the preparation of an Airport Security Plan and an Airpor
Operations Manual for the Airport.
Upon motion by-Kamper, second by Powers, and all voting in favor, the followit
applications for licenses were approved and the City Clerk was instructed to issue same:
(1) application for -cigarette license of Ear Wax Records at 11k 1st Street S.W. (2)
applications of Duane Christensen,, -Thomas William Mahon,'Thomas J. Brogan and Arnold
Friesen for Warm Air Heating, etc. Master Installers License (3) application for Wam Air
Ventilating -etc. Contractors license for A. J:•Penner Heating & Plumbing.
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Upon motion by Kamper, second by Powers, and all voting in favor, the license
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., July 6, 1972
bond of A. J. Penner Heating & Plumbing,, Inc. in the amount of $1.,0.00,with St. Paul Fire and
Marine Insurance Company as.surety was approved.
Tabulation of bids for street improvements on 3rd Avenue S. E..from.l6th Street
to T. H. # 63 South. Bids of Rochester Sand & Gravel Company $390,158.75, Leon Joyce Construction
Co.,$426,522.25 and Riverside Sand & Gravel $423,321.25; City Engineer's estimate $409,246.35.
Upon motion by Strain, second by Kamper, and all voting in favor, a resolution was adopted
accepting the low bid of Rochester Sand & Gravel Company for street improvements on 3rd Avenue
S.E. from 16th Street to T1 H..# 63.
Recommendation of Public Works Committee that condemnation proceedings be started
to acquire the necessary right of way on the west side of 3rd Avenue both north and south of
9th Street;. an additional 5 feet is.needed for widening the roadway and providing a sidewalk.
.Upon motion by Strain, second by Powers, and all.voting in favor, the recommendation was
accepted and the City Attorney was instructed to prepare the necessary resolution.
Upon motion by Larson, second by McNary, and all voting in favor, a resolution was
adopted closing completed local improvement projects (1) Series_"J" Projects 8135,8139,8205,
8246,8255,8256,8259 totaling $105,875.27 transferred to Series "J" projects 8371 and 8365;
(2) Series "K" Projects 8261,, 8304, 8311, 8315, 83202 8324, 8326, 8327, 8331, 8334, 8336,
8338, 8339, 8378, 8380,_8384, 8399 and 8376 totaling $259,527.39 transferred to 8391, 8422,
84232 84242 8428, 8417, 8418, 84192 8420, 8421, 8425 and 8402.
Upon motion.by Kamper, second by McNary, and all voting in favor two resolutions
were adopted (1) resolution approving and accepting assignment of additional securities in the
net amount of $390,000.00_in,collateral in lieu of a depository bond from Northwestern National
Bank and (2) resolution approving and accepting assignment of additional securities in the
amount of $350,000.00 from the First National Bank.
A motion was made by Larson, second by Kamper, and passed unanimously, that the
semi-monthly bills, list attached, in the amount.of $234,826.97.be- approved.
Recommendation of Planning & Zoning that the following provision be added to the
proposed new Zoning Ordinance before it is adopted:,
62.209 Yard Projections in R-Districts �.
c. Existing; Porches Excepted - Enclosed or Rebuilt: Porches that
encroach into the required front yard and were in existence as
of the effective date of this Ordinance may be enclosed or com-
pletely rebuilt in the same location provided that any porch that
is to be completely rebuilt must have at least a 10 foot minimum
front yard.
Upon motion by Strain, second by Powers, and all voting.in favor, the City Attorney was
instructed to add this amendment to the new proposed ordinance.
Recommendation of Planning & Zoning that the petition to vacate the utility easement
along the rear lot lines of Lots 2-16 of Block 3, Northgate Third Addition less the northetiy
5.0 feet of said Lot 2 be granted approval subject to the City retaining the utility easement
adjoining Lots 1 and 10, Block 3 and the north 5 feet of the utility easement adjoining lots
2 and 11, Block 3, Northgate Third Addition. Upon motion by Kamper, second by Larson, and all
Record of Official Proceedings of the ' Common Council 361
of the City of Rochester, Minn., July 6, 1972
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voting in favor, the recommendation was accepted and the City Attorney was instructed to
prepare a resolution ordering a hearing on the said vacation.
Resolution approving resolution adopted by Public Utility Board to enter into
contract f6rfurnishing transformers; $8,994.00.
and all voting in favor, resolution adopted.
Upon motion by Larson, second by Kamper,
Resolution approving resolution adopted by Public Utility Board to enter into
contract with Burmeister Electric Company for furnishing transformers $6,010.00. Upon motior
by McNary, second by Larson, and all voting in favor, resolution adopted.
Resolution approving resolution adopted by Public Utility Board to enter into
contract with RTE Corporation for furnishing transformers $3,166.00. .Upon motion by Mayer,
second by Larson, and all voting in favor, resolution adopted.
Resolution approving resolution adopted by Public Utility Board to enter -into
contract with S. M. Supply Company for furnishing transformers $3,632.00. Upon motion by
Larson, second by Mayer, and all voting in favor, resolution adopted.
Resolution approving resolution adopted by Public Utility Board to enter into
contract with United Electric Corporation for furnishing transformers $18,006.00. Upon
motion by Powers, second byKamper, and all voting in favor, resolution adopted.
Resolution approving agreement for professional services for joint City -Coup
Law enforcement communications system and authorizing Mayor and City Clerk to execute same.
Upon motion by Larson, second by Powers, and all voting in favor, resolution adopted.
Resolution amending the parking resolution as follows:
(1) Section D, Truck Loading Zones, Paragraph (19) is amended in its
entirety to read as follows:
"(19) Second Street Southwest on the north side of the street
.22 feet more or less in front of the premises known asthe
Plummer Building (Meter Post No. 445)
(2) SEction J, Passenger and Commodity Loading 'Zone, is amended by
adding Paragraph (3) to read as follows:
"(3) Second Street. Southwest on the -north side of the street
22 feet more or less in front of the premises known as.the
Plummer Building. (Parking Meter Post No. 444)"
Upon motion by Strain, second by Powers, and all voting in favor, resolution adopted.
An Ordinance relating to Misdemeanor Offenses; the use of Offensive, Abusive,
or Obscene Language in the presence of another;,providing a penalty for the violation t
amending Rodiester Code.of Ordinances, Section 200.070, was given its first reading.
An Ordinance relating to Outdoor Signs, Sign Contractors, Licenses and Bonds;
Amending Rochester Code of Ordinances Sections 84.100, 84.110, 84.200 and 84.200, and
Repealing Rochester Code of Ordinances Sections 84.010, 84.120, 84.130, 84.210, 84.240 and
84.,250 was given its second reading. A-motion_was made by McNary, second.by Powers, that t
said ordinance be adopted.as read and all.voting in favor, President Postier declared the
said ordinance duly passed and adopted.
Upon motion by Larson, second by Mayer, and all voting in favor, the follows
seven amendments to the proposed zoning ordinance were approved and the City Attorney was
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., July 6, 1972
instructed to amend the proposed Zoning Ordinance accordingly:
(1) Add a new paragraph.c to Section 62.209 Yard;'Projections in R-Districts to
read as follows:
c. Existing Porches Excepted -Enclosed or Rebuilt: Porches that encroach into
the required front yard and whiqh were in existence as of the effective
date of the zoning code may be enclosed or completely rebuilt in the same
location provided that any porch.that is to be completely rebuilt must
have at least a 10 foot minimum front yard.
(2) In Section 62.604 in the second line change the word "to" in the phrase
"strengthing to restoring" to the word "or".
(3) Amend Section 63.213 to read in its entirety as follows:
63.213 MOBILE HOMES AND TRAILERS PROHIBITED --EXCEPT: No person shall
park or occupy any mobile home or other.type of trailer on any premises
in any district outside an approved mobile home park, except as a
conditional.use in a commercial and industrial district and except as
hereinafter provided. The parking permitted in any district in the foll-
owing areas provided no permanent living quarters shall be maintained or
any business conducted in such mobile home or trailer while so parked or
stored:. (a) in an accessory private garage.building; or (b) in a rear
yard; or (c) on an established driveway in a side yard or front yard but
in such case not.to exceed three.consecutive days of parking, whether
intermittent or not, at any time.
(4) Amend Section 63.506 c, in the second line thereof, by striking the word
"inspector" and inserting in lieu thereof the word "administrator".
(5) Amend Section 64.201 in the second line thereof by changing the phrase
."development under the control of:" to read "development shall be under
the control of:".
(6) Iri Chapter 66 change the first section number which reads "61.100" to "66.100".
(7) Amend Section 4 in the second line by changing the date of "July 1, 1972" to
"August 1, 1972".
A motion was then made by McNary, second by Larson, that the Zoning Ordinance, as amended
be adopted and upon roll call Kamper, Larson, Mayer and McNary voting "aye" and Powers,
Strain, and Postier voting "nay", the motion was lost and the ordinance not adopted (it
takes a 5/7 vote).
Alderman.Strain said he felt the Gammon Council should remain the review body,
the Council should be in control as it has been in the past. President Postier stated that
he could not go along with the ordinance unless In the Section on Variances the wording
"no variance shall be authorized.unless all five of the following five facts and conditions
exist".and suggested that the word.exist be changed to considered.
A motion was then made by Mayer, second by Powers, that the said Zoning Ordinance
be adopted with the amendment to Section 61.411 in the third line thereof by striking the
word "exist" and inserting the words "are considered"; -.upon roll call, all voting in favor
thereof except Alderman Strain who -voted "nay", President Postier declared the said ordinance
as amended :duly: passed and adopted. .
Upon -motion by Kamper., second by Larson, and all voting in favor, the matter of
advertising -for bids for the.-N.W. Service Area Water Tower.was brought back on the table. -
Alderman Kamper stated t'hat.;the.type of water -tower -that she had in mind was only used where
the capacity is larger than this. Upon motion by Kamper, second by Strain, and all voting in
favor, a resolution was adopted.:ordering bids for elevated water tank and trunk mains for high
level district in.East half of -Section 27 and West half of Section 26 of the:Northwest Service
Area (Part 2 and 3) Job 6901.
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn:, July 6, 1972
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An Ordinance amending Ordinance No. 1466 entitled "An Ordinance establishing
within the City of Rochester an Urban Service District and a rural service district as
separate taxing districts (31.15 acres in Cascade Township, North of Elton Hills East 5th
• Subdivision Section 23-107-14," was -given its second reading.
President Postier said we now have an opinion from the City Attorney on the
head tax at the airport and would like to see some action taken on this. A motion was
made by Larson, second by Kamper, and all voted in favor, instructing the City Attorney
to prepare an ordinance establishing a.head.tax on passengers enplaning at the Rochester
Airport.
.Mayor Day requested that the Finance Committee take a look at the revenue
the City receives from the franchise for our Able Cable System, he said the.only revenue
the City now gets is from rental of.the poles and many places they are receiving more than
that.
Mayor Day.requested that the Council consider for a 6 weeks trial period the
removing of parking meters, or giving free parking on Broadway from 4th Street to the
Armory, he said the meters could be bagged and two hour free parking could be given; he
requested that the -Council consider this -before the next meeting in July.
Upon motion by Mayer, second by McNary, and all voting in favor, the meeting
was adjourned until 7:30 o'clock P. M. on July 17, 1972.
C' y Clerk
INFORMATION 7/6/72
1... Minutes of the Standing Committees
2. Letter from City Attorney re: Airpport Boarding Tax
3. Letter from City Engineer re: Rochester Villa Community Development Project
4. Letter from City Attorney re: Cou_ntiy_Club Manor loth Subd.
5. Resolution of Chamber of Commerce re: Rochester City Lines
6. Municipal Court Financial Report for May, 1972
7. The Minnesota Municipal Commission has announced that the annexation to the
Airport has been cancelled
8. Referred to Planning and Zoning Commission:
a. application for conveyance by metes and bounds at 806 8th Avenue S.W.
•(W. Mitchell Lams Jr.)
b. application for a variance at 2210 North Broadway (Phillip Gentling)
c. application for a temporary use permit at Lot 8, Block 5, Valhalla 4th
Subdivision 312 Elton Hills Drive N.W. (John Hoisington)
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