HomeMy WebLinkAbout03-19-1973Record of Official Proceedings of,thia Cbmino'n Council
of the City of Rochester, Minn., March 19, 1973
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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
March 19, 1973.
President Postier called the meeti 49 to order at 7:30 o'clock P. M., the
following members being present: President Postier, Aldermen Kamper,.Larson, Mayer,
McNary, Powers, Strain. Absent.: None. .
Hearing on Street Improvements on 3rd Avenue Northwest from 14th Street N. W.
to 600 feet south of 19th.Street N. W. President Postier stated that this was just a
preliminary hearing,.there would beanother hearing later on and by that time more
information should be provided to the people; however, anyone wishing to be heard at this
time could do so. Mr. John Philo of 1331.- 3rd Avenue N. W. presented.a petition signed
by 20 of the 26 owners along this improvement; he said the majority of the people are
objecting to this project because they felt.it would work a hardshipin many cases, because
of the terrain on many places it would make.it imRossible to maintain a grade for the
construction and still accomodate the resident or home owner; he said a number of homes
are occupied by older people that have lived here a long time and did not feel that the
City had done a good job of informing the people as to what was going to be done. Mrs. -
Alta Thedens spoke in behalf of Mrs. Alma Wacker of 1404 3rd Avenue N. W. and asked if
there was going to be sidewalk and would the road take any of their property; she was told
that they didn*t know right now if there would be sidewalk or what side it would be on and
Mr. Armstrong said that the right of way line now is 33 feet from the center of the road
and they intend to stay within that right of way but it appears to go up into what
appears to be your front yard. Mr. Joe Groaner of Cipnlo, Inc. inquired as to the time
table as to when they could expect to get more information and Mr. Armstrong'said it would
probably be about a month, they should have some proposed layouts,-i'�i.-about a month. Mr.
J. Siple of 1532 3rd Avenue N. W. inquired if Crenlo was for this project and who had
initiated this project. President Postier said he could not speak for Crenlo but thought
they were vitallyinterested, he said this had been the City's.plans for quite some time aE
it is the only street beside Broadway that could go' through. Mr. Dolan had assured the
people that if the project.were approved, the road would not be closed, local traffic wouU
be allowed throughout the project. Mr. Leonard Johnson of 1614 3rd Avenue N. W. inquired
if the State was involved in this in any way,. Mr. Armstrong, said this was a State Aid
Road and State Aid funds would be used toward the cost but no federal funds would be used.
There was no one else present wishing to be heard. President Postier declared the hearing
officially closed. A motion was made by Powers, second by Kamper, to proceed with the
preliminary plans and that another hearing be held on April 16, 1973; all voted in favor.
Hearing on City Planning Commission initiated zoning district change along the
west side of T. H. 63 South from three lots north of 17th Street South to the city limits
from the B-lb District to the B-3 District.' Mrs. Reba Thompson, owner of the Starlite
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Record of Official Proceedings of the'"Corrim6ii , Council
Of. the City of Rochester, Minn., March 19, 1973
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Motel at 1921 South Broadway, Mrs. Elsie McCloud of 1905 lst Avenue S. W. and Mr. Bill Moore
of Golden Hill Motel at 1817 South Broadway -were each heard in opposition to the proposed
change in zoning. Mr. Robert Suk, !.�'_-torney representing the original petitioner and Mr.
Stewart Falcon, Vice President of Crown Auto Sales were each heard requesting approval of the
proposed zone change. There had originally -been a.petition filed for a zone change on two
lots at the southwest corner of 20th Street S. W. and T. H. 63 from the B-lb District to the
B:--3 District but the Planning Commission moved to initiate a zone change in the whole area.
The recommendation of the Planning & Zoning Commissionwas that they felt the exisiting
commercial uses are oriented toward the highway traffic rather than the neighborhood which
in which they are located, the motels would be an outright permitted use in the B-3 District
rather than conditional in the.present B-lb District and therefore they recommend that this
change be granted approval. There was no one else present wishing to be heard. President
Postier declared the hearing officially closed, A motion was made by. -Powers,, second.by Kamper,
that the recommendation of the Planning & Zoning Commission be accepted and the City Attorney
be instructed to prepare the necessary ordinance. A motion was made by Mayer to amend the
above motion to reduce the description to the two lots originally petition for; his motion was
lost.for want of a second. A motion was then made by Larson, second by McNary, that this
matter be tabled for.30 days and.upon roll call, Kamper, Larson and McNary voting flayell and
Mayer, Powers, Strain and Postier voting "nay", the motion was lost. President Postier then
called for a vote on the original motion and all voting in favor except McNAry and Larson who
wted "nay", the motion was carried.and the City Attorney instructed to prepare the necessary
ordinance.
Hearing on.the amendment of the City's.Land Use Plan to designate the area from
the north -south alley in. Block 12, Head & McMahon's Addition to 6th Avenue S. W. and from 4th
Street S. W. to the East-West alley as being best suited for high desnity residential use instead
of low density residential. Mr. Frank Parkhill of 624 4th Street S. W. was.present and said he
could see no reason to change it and felt it should be left as it is. There was no one else
present wishing to be heard. President Postier declared the hearing officially closed. A
motion was made by McNary, second by Mayer, to amend the Land Use Plan to designate the area
East of 6th Avenue, south of 4th Street to the al1W to the Northwest corner of that block
as high derilsi ty area; all voted in favor and the City Attorney was instructed to prepare the
necessary resolution. Alderman Mayer stated that there had to be some cut off between the
residential and high density area and with the type of homes that are located here that 4th
Street and 6th Avenue are the best cut off lines.
Tabulation of bids for Fire -Crash Vehicles at the Rochester Airport were as
follows: Itasca Equipment Company $76,390 per unit -total $152,780; Tico Equipment Company-
$78,332 per unit - total $156,664; Y-W Corporation $76,500 per unit - total $153,000 of an
alternate of $65,000 per unit - total $130,000. Upon motion by Larson, second by Powers, and
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Record of Official Proceedings of th6-Co'Inifnoh'Council
of the City of Rochester, Minn., march 19, -1973
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all voting in favor, the bids�were tabled pending outcome of the federal aid application.
Report from Finance Department that the 1971 Tax Limitations Law permits a
governmental unit to change its population figure for computing maximum tax levies, such
changes need -to be made by resolution and approved -by the State Health Department; the
occupancy rate -of 2.9,76-persons per unit was established by the 1970 census, increases -in.
dwelling units (939) added 2,.977 persons and annexaCions through 1972 added 712 people for
a current estimated poptrlation of 57,274 andt-his-change would permit the Countial to levy
$366,130 in additional taxes, if necessary. Upon motion by Strain, second by Larson, and
all voting in -favor, the recommendation was -accepted and the City Attorney was instructed tol
prepare the�necessary resalu tion. -
. A proposed ordinance relating to non-intoxicat-ing malt liquors; regulating thel
sale and consumption;- imposing penalties for violations thereof, amending Rochester Code of
Ordinances, Section 161.090 was presented. President Postier stated that on reading the
ordinance that the last line which reads "nor shall -any consumer of person whomsoever,
except the regular emp-lbyees of the licenses, be permitted to remain in the place of busines4l
after-1:00 A. M." seems wrong, there are three' bowling alleys in the City of Rochester that
have people bowling after 1:00 A. M., there are also a couple of restaurants that stay open
after 1 :00 A. M. The City Attofney was instructed to redo this ordinance and delete that
part.
-motion by Strain, second by Mayer, and all voting in favor, a resolution
was adopted granting a leave of absence commencing February-26, 1973 and terminating on
April 13, 1973 to Gene Brehmer an employee of the Park Department.
Recommendation of Planning & Zoning Commission that the petition to annex
part of the NEk of Section 12, Rochester Township and part of the NWk of Section 7 in Marion
Township (Grandview Memorial Gar -dens and Othero and to designate certain parcels to be
zoned as B-lb District(the lots lying north of the cemetery property on the east side of U.S�
52) be approved.,,.Mr , --Vernon Volz of 1248 Marion Road S. E. was present and inquired if his
address would be the same and where he would vote; he was told that his address would stay
the same -and -he would vote at Horace Mann School. Upon motion by Kamper, second by Strain,
and all voting in favor, the recommendation was accepted and the City Attorney -was instructec
to,-4-prepare the necessary ordinance annexing the land and designating the zoning.
Recommendation of Planning & Zoning Commission that the petition to annex the
Radichel Property located between Country Club Manor and-19th Street N. W. be approved and
that the land -lying north of U. S. 14 be designated as M-2FF District, the -property lying
South of U. S. 14-be designated as-B-Iand-B---�Fff-,District and that the undeveloped portion
of this property be designated as Rural Service District-. Upon motion by Kamper, second by
Larson, and all voting in favor, the recommendation was accepted and the City Attorney was
instructed to prepare the necessary ordinance annexing the land and designating the zoning.
Upon motion by Powers, second by -Strain, and -all voting in -favor, the fol
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Record of Official Proceedings of tl�6'Cdrh'rn6n` Council
of, the City of Rochester, Minn., March 19,.1973
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resolution were adopted, (a) resolution referring proposed improvement for feasibility report and
recommendation and (b) resolution receiving.preliminary report,.ordering a public hearing and
directing preparation of plans and specifications on the two following projects (1) Sidewalk
Replacement Project #I-NW-1973 - north side of 2nd Street_N.W.,.south to north side of lst Street
N. W.; east side. of 16th Avenue N. W. to west side of llth AVenue N. W.And (2) Sidewalk
Replacement Project #2-NW-SW-1973 south side of Ist Street N. W. south to north side.of 2nd
Street S.. W.; East side.of 16th Avenue N.W.-S..W. to Ilth Avenue.N.W.,-S.W.
The following bids were.received �or sanitary sewer facilities in the DeWitt
Addition.and sanitary sewer and watermain.facilities in.the Maple Lane Subdivision (Project No.
Phase I WSP-MN-05-46-1010): Floyd Larson Construction Co. $�44,628.75; Littrup Nielson, Inc.
$67,286.50; Fraser Company, Inc. $47,514.00; Lundin Construction Company $74,635.65; Kasson
Sewer and Water $56,045.00 and Riverside Sand & Gravel Company $53,357.00 (the City Engineer's
Estimate was $49,612.15). Upon motion by Kamper,.second by Strain,.and all voting in favor,
action was deferred until the next meeting, to allow completion of obtaining the right of way.
Upon motion by Strain, second by- Kamper, and all voting in favor, the City
Attorney was instructed to prep are a resolution amending the Parking Resolut.iop.lr.as follows:
(1) Amend Subsection (62) and (63) of Section B to read.as.follows - 2nd St. S.W..on the north
side of the street from a point 100 feet more or less east of 16th.Ave.. to a. po�int 425 feet more o
or less west of 17th Avenue and on the south side of the street from St. Mary's Service. Entrance
to 275 feet west of 17th.Avenue.at all.times and (2) Amend Subsection (60.5) of Section B to
read as follows: 2nd Street S.W. on the south side from Ilth Avenue to 13th Avenue and on the
north side from llth A enqe to a point 100.feet more or less east of 16th AVenue between the hours
of 2:00 A. M. and 6:.00 A. M.
A motion was made by Larson, second by Kamper,And passed unanimously, that the
semi-monthly,bills, list attached, in the amount.of $72,12L14 be approved.
Resolution determining the population of the City of.Rochester, Minnesota for
the purpose of.increasing the tax lev of the City. Upon motion by Strain,.second by Kamper,
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and all voting in favor,resolution adopted.
Resolution recommending to the State of Minnesota Legislature in 1973 Session to
approve H. F. 954 which amends M. S. 207.11 relating to absentee voting. Upon motion by Powers,
second by qtrain, and all voting in favor, resolution adopted.
.Upqq-n)otion.by--Kamper, second.by Larson, and all voting in favor, the City Attorney
was instructed to.prepare a resolution opposing.a bill that would allow registration of.voters
on election 'day.
Resolution approving and authorizing Mayor and City Clerk to sign.contract for
deed between Lippert & Shubert and.the City of_Rochester for the purchase of Hangar Aand its
appurtenances at the Rochester Municipal Airport for $50,000._00. Upon motion by Kamper, second
�y Larson, and all voting in favor, resolution adopted.
Resolution.approving purchase order contract passed by.Public Utility Board on
Record of Official Proceedings of th6 "Comimon Council
of the City of Rochester, Minn., march 19, 1973
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March 13, 1973 for transformers from RTE Corporation in the amount of $4,17b.00. Upon mot
by -Larson, -second by- Powers, and all voting in favor, resolution adopted.
Resolution approving purchase order contract passed by the Public Utility Boar�,
on March 13, 1973 for transformers with Westinghouse Electric.Supply Company in the amount ofi
$29,860.00. Upon motion by Strain, second by Larson, and all voting in favor, resolution
adopted.
An Ordinance relating to Non -Intoxicating Malt Liquors; Regulating the sale
and consumption; imposing penalties for violations thereof; amending Rochester Code of
Ordinances, Section 161.090, was given its first reading.
A motion was made by Mayer, second by Powers, to reconsider the motion made
on March 5, 1973 to suspend the rules and give an Ordinance annexing to the City of Rochester!
Minnesota certain land in Section 16, Township .107 North, Range 14 West, Olmsted County
Minnesota and establishing zoning therefor (Hoffman Property) and -all voted in favor of the
motion to reconsider. Then upon roll call and all voting in favor, the rules were suspended
and the ordinance was given its second reading. A motion was then made by Larson, seoDnd by
Powers, that the said ordinance be adopted as read and all voting in favor, President
Postier declared the said-_oidihA:hce duly passed and adopted.
Upon motion by Powers, second by Kamper, and all voting in favor, the
r ecommendation-of-the Planning and Zoning Commission that the prelidiinary.plat of Program
Park First Subdivision be approved, was removed from the table. ,'.jUpon motion by Kamper,
second by -Strain, and all voting in favor, the recommendation of the Planning & Zoning
Was accepted and the preliminary plat of Program Park First Subdivision was approved.
An Ordinance relating to Institutional Districts under the Zoning Ordinance
of the City of Rochester; authorizing motels and hotels; amending Rochester Code of
Ordinances Section 65.600P as enacted by Ordinance No. 1659, was given its first reading.
Upon motion by Strain, second by Larson, and upon roll call and all voting in favor, the
rules were suspended and the ordinance was given its second reading. A motion was then made
by Strain, second by Powers, that the said ordinance be adopted as read and all voting in
favor, President Postier declared the said ordinance duly passed and adopted.
Upon motion by Kamper, second by Mayer, and all voting in favor, the proposed
County Solid Waste Ordinance was removed from the table. A motion was made by Kamper, second
by Larson, instructing the City Attorney to prepare the necessary amendment to the City
Ordinance and if necessary, to the City -County Health Agreemerit(include in the ordinance that
the County does not have authority to designate routes in the City of Rochester), all voted
in favor.
A motion was made by Mayer, second by Larson, instructing the City Attorney
to prepare a resolution indicating opposition to House File No. 295 on Public Employee
Relations and specifically relating to supervisory employees, the right to strike, recogntt
of supervisory employees for bargaining purposes, certain changes in unfaor labor practices
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Record of Official Proceedings of the"'Coirimo"n"Council
of the City of Rochester, Minn., March 19, 1973
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and secondAry.boycott; all voted in favor. . .
was adjourned.
Upon motion by Larson, second by Powers, and all voting in favor, the meeting
City Clerk
INFORMATION -.3-19-73
1. Minutes of the Standing Committee 2-20-73
2. Minutes of the Standing Committee-13712-73
3. Claim for Damages, Dr. Richard Anderson 905.18th Avenue N.W. (referred to Attorney,
Insurance, Engineer)
4. Letter from MHD re: Highway Planning Guidelines
5. A suit has been filed against the City by Florence Hayes for $35,060 for damage she
received when she fell,on a diqewalk March 16, 1972. She -is alleging that
the City constructed and maintained the sidewalk in a negligent and
caniess manner.
6. Letter concerning ground water run-off and seepage at land fill site (copies were
submitted to Countil and Engineer under separate cover)
7. Referred to Planning and Zoning:
a. application for variance at 2331 T. H. 63 North (Walter Van Lith)
b. application for a variance at 317 6th Ave. S.W. (Co I. Glatzmaier)
c. application for a variance at S.E. corner of lst A enue &.4th St. S.W. (S. Kirklin)
d. petition to annex 56 acres of unplatted property in Cascade Township (Radichel Realty)
petition to vacate Lot 18 in Block 2, Cascade Plaza (Eugene Miller)
f. application for conveyance of property by metes and bounds descritption (Paul Lehman)
g. request for taxation of.certain property,on the rural.service basis.(I.OiI.)
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