HomeMy WebLinkAbout05-21-1973Record of Official Proceedings of the Comrrion Council
of the City, of Rochester, Minn., May 21, 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
May 21, 1973.
President Postier called the meeting to order at 7:30 o'clock P. M.,_the follow
members being present: President Postier, Aldermen Kamper, Larson, Ludowese, McNary,
Powers, Strain. Absent: None.
Hearing on improvements on 14th Avenue S. W. between 2nd Street S.W. and St.
Mary's Entrance (this hearing was continued from 4-16-73). C. A. Armstrong, City Engine,
stated that the basic plan here was to widen the roadway.on the east side of 14th Avenue
and eliminate the widening on the west side and that the City has no plans to remove or
relocate St. Mary's entrance; he showed.a drawing of the plans to those interested. A
letter of protest from Miss Florence C. Schmidt of 317 14th Avenue S. W. was read and
placed on file. Mr. Frances Doole of 313 14th Avenue S.W. was present and said he had
lived almost directly across from St. Mary's Hospital for approximately 35 years, he
questioned.why an -exit or entrance could not be established at 4th Street S.W. or at 6th
Street S.W. and felt if this could be done it would relieve the traffic problem; he said
he felt this was a problem of St. Marys, that they were one of the most lucritive
businesses in Rochester and he did not feel that the taxpayers should have to pay for
improvements that would benefit only St. Mary's; he suggested that this be held up until
further study could be made. President Postier said that they had met with the City
Engineer and a representative from St. Mary's just this afternoon and checked out both
4th Street and 6th Street to see if an entrance or exit could be put there, there is r,.
about a 70foot rise up the hill which would give about a 107. grade which is not feasible,
6 or 87. is an acceptable grade but 10% is too steep. Mr: Robert Smoldt of 408 14th Avenu
S..W. said he was opposed to this project, he did not think additional traffic should be
put out in residential area; he said if St. Mary's was going to enlarge their parking lot
this would mean more traffic and he did not feel that the people on 14th should have to
pay for improvements to provide additional access for St. Mary's. Evelyn Hill of 310 -
14th Avenue S. W. said she agreed with the previous objections<<and wished to add that she
would be losing almost all her front yard and they do not have access to their back yard;
she said she did not mind having a through street but did not like losing all their trees
and front yards. Miss Mary Conway of 324 - 14th Avenue S.W. was present and said she
lived on the east side of 14th Avenue and had lived there since 1939, she said she did
not feel the present proposal was the answer to St. Mary's problem; since she lived here
since 1939 there had been many building added to the St. Mary's complex but they still ha,
only one exit; she said she did not feel the problem was in front of herehome but at
2nd Street, the cars come out of the parking lot and go both ways and go in double lane
and cause a bottleneck at 2nd Street; she suggested that a further study be made. Mr.
Marion Schleif of 227 14th Avenue S. W., said he lived on the west side of the street and
could not see where the one exit from St. Mary's was going to be enough, he said he would
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Record of Official Proceedings of the' Common Council
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be able to park in front of his place and was not able to park in the alley, so he was
inst the whole proposal. Irene Donovan of 318 14th Ave. S.W. said under the proposal she
ld be left no boulevard and the traffic would come right at her front door, so -she was
opposed. Dr. Ralph Benson of 407 14th Avenue S.W. said he was not directly involved, but was
very far away and he thought it would be difficult to plan any kind of traffic pattern
if we don;t know what St. Mary's is going to do; he said we might be able.to back up a few
cars but did not think much could be gained by this; he suggested that we find out what
St. Mary's is going to do before -any action is taken; he also said he was opposed to the
removal of any of the trees. Mr. Don Terry of 323 14th Avenue S.W. said he was particularly
interested in the traffic signals at 14th Avenue and 2nd Street and at the St. Mary's entrance.
was no one else present wishing to be heard. President Postier declared the hearing
officially closed. President Postier stated that when the Council does come to a decision
th more information and looking -into the other things you have mentionedtonight, we will
sure you are notified of our thoughts and'you can again appear, but I will just close this
hearing because I know.,:,many of the things that would come up now would be repititious; we do
know how you feel, we are going to lookinto the entrances and exists that could go on 4th or
h Street but we will take no action on this project at -the present time. So the public
ing portion of the project is closed but you are invited to come back when we do come up
some answers.
Hearing on petition to change the zoning districting on the property located at the
Southeast corner of 41st Street N. W. and U. S. 52 from the R-1 District to the B-3 District
(Pennington Business Park 2nd). Mr. David Pennington, one of the owners of the property, was
present and urged that the zone change be made, he said they had two automobile facilities
that were going to be built here; he showed drawings of the area. There was no one else
present wishing to be heard. President Postier declared the hearing officially closed. A
ion was made by Powers, second by Strain, to proceed and instruct the City Attorney to
prepare an ordinance making the zone change. Alderman McNary stated that he felt a "green belt"
between the highway and the dar dealerships, he said he did not feel this would detract from
their business and would help beautify the approach to the city . A motion -was made by McNary,
to amend the above motion
second by Kamper,/that the zoning be approved subject to the Councils approval of a landscaping
plan that would provide a substantial green belt screen between this property and the highway,
and McNary, Kamper and Larson voting "aye" and Ludowese, Powers, Strain and Powers and Postier
voting "nay", President Postier declared the motion lost. President Postier then called for a
on the original motion and all voting in favor except Alderman McNary who voted "nay", the
ion was carried and the City Attorney instructed to prepare the ordinance (the greening as
laid out in the plan as presented to be included).
Hearing on proposal to designate the zoning to B-3 District and M-2FF District
((containing approximately 190.6 acres) on the Radichel Property located between Country Club
and 19th Street N. W. The recommendation of.the Planning and Zoning Commission was that
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property lyLng north of U. S. 14 be designated an M-2FF District at the time of annexation
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of the City of Rochester, Minn., May 21, 1973
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and the property lying south of U. S. 14 be designated as B-3 and B-3FF District at the
time of annexation and that the undeveloped portion of this property be designated as a
Rural Service District. There was no one present wishing to be heard. President Postier
declared the hearing officially closed. A motion was made by Kamper, second by Strain,
to accept the recommendation of the Planning & Zoning Commission and the City Attorney be
instructed to prepare the ordinanceifimecessary; all voted in favor of the motion (the
rural service district to be also designated).
Hearing on the following proposed intersection improvements on 7th Street and
North Broadway (T. H. 63); (1) widen Broadway between 6th and 8th Street to provide 4
through lanes, left -turn storage lane, raised median, and parking on shoulder on both
sides, this leaves 8 feet from curb to property line for sidewalk (2) widen 7th Street
between 1st Avenue East and 1st Avenue West to provide 4 through lanes and painted channel.
ization for left turn lanes, parking will be prohibited as it now is (3) install a new
traffic signal system and (4) increase curb radii to improve turning radius for trucks.
'President Postier then read the following statement:
This is a hearing on a proposed intersection improvement project at 7th
Street and North Broadway, which is also Trunk Highway 63. The purpose of
this hearing is to discuss the design features, social, economics and
environmental offsets of the proposed construction.
This hearing is being held in accordance with Section 128, Title 23 of
the United States, which governs procedure for reconstruction of highways
or streets which involves the use of Federal Funds.
This improvement.ia%proposed to increase the level of service of the
existing facility. This improvement is considered to be a "High Priority"
project in the City of Rochester.
Following the hearing, the comments from it will be analyzed and the
Council will consider them indetermining the final desing. The final
design and right-of-way acquisition procedures will begin immediately.
Hopefully construction will begin early in the 1974 construction season.
This hearing is also intended to provide you people with an opportunity
for presenting views on social, economic and environmental impace on this
project. Exactly what are social, economib and environmental impacrs or
effects? Simply stated, they are any direct or indirect benefits or losses
to the surrounding area or to the highway users. These could include such
items aseffect on employment, parks, recreational areas, aesthetics of the
area, public safety, public utilities, character of the neighborhood, area
conservation, noise, air and water pollution. They also could include the
effect on a local tax base, property values, natural or historical landmarks,
displacement of families, businesses, disruption of school districts, and
economic development of the area.
Before we proceed with the description of the project,.there are a number
of items that should be mentioned.
First is that the preliminary studies conducted are being conducted by
professional engineers. They are aware of their obligation, not only to provide
a safe and street facility, but they are also aware of their obligation to
provide the most benefit while keeping disruptions to the area residents to a
minimum. We have an obligation not only to the traveling public, but to the
residents of the area.
A second announcement.is that anyone may submit a written statement and
this statement will be included in the official hearing record providing that
the statement is received at the office of the City Clerk on or before May 31,
1973.
Third, information developed between the time of tonight's hearing and approval
of the final project, will be available for public inspection and copying at
the office of the City Engineer.
We will not proceed with a description and then discussion of this
improvement.
This project includes the following:
1. Widen Broadway between 6th Street and 8th Street to provide
4 through lanes, left -turn storage lane, raised median and
parking or shoulder on both sides. This leaves 8 feet from
curb to property line for sidewalk. It will be necessary to
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Record of Official Proceedings of the' Common Council
of the City of .Rochester, Minn., May 21, 1973
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remove parking from 210 feet south of 6th Street to 6th Street on
both sides and from 8th Street to approximately 210 feet north on
both sides. r
2. Widen 7th Street between 1st Avenue East and approximately one block
West of Broadway to provide 4 through lanes and painted channelization
for left turn lanes. Parking will be prohibited as it now is.
3. Install a new traffic signal system.
4. Increase curb radii to improve turning radius for trucks. This will
require the acquisition of approximately 100 feet of right-of-way on
each rocner. This is shown as shaded in green on the plan.
There was no one present wishing to be heard. President Postier stated that this hearing
would be continued until June 4, 1973 to provide 10 days for written comments regarding the
project to be received.
Mayor's appointment of Donald Jensen to the position of Detective in the Police
Department to fill the vacancy created by the retirement of Byron W. Brueske. Upon motion
by Strain, second by Kamper, and all voting in favor, the appointment was approved.
Upon motion by Kamper, second by Strain, and all voting in favor, two resolutions were
adopted referring improvement petition for determination of adequacy, feasibility report and
recommendation for (1) extension of sewer and water to serve the recently annexed Radichel
Realty property lying north of T. H. 14 West and (2) public utilities in the balance of the
lots of Bel Air 2nd Subdivision.
Application of Maurice Gintz, Manager of Osco Drug, Inc. at 301 Apache Mall for a
license to sell off sale non -intoxicating malt liquor. Upon motion by McNary, second by Kamper,
and all voting in favor except Aldermen Strain and Postier who voted "nay", the application
was approved and the City Clerk instructed to issue the license.
Request of Olmsted County Memorial Association for a permit to have a parade on
Memorial Day, May 28, 1973. Upon motion by Ludowese, second by McNary, and all voting in
favor, the permit was granted.
An Ordinance rezoning certain property and amending Ordinance No. 1659 known as the
Zoning Ordinance of the City of Rochester, Minnesota (rezoning Lot 4, Block 1, D. P. Madden's
Addition to B-lb Neighborhood Business District) was given its second reading. A motion was
made by Powers, second by Ludowese, that the said ordinance be adopted as read and upon roll
call, Kamper, Ludowese, Powers and Postier voting "aye" and Larson, McNary and Strain voting
"nay", President Postier declared the motion lost and the ordinance not adopted (this ordinance
needed a 5/7 vote for approval).
Upon motion by Ludowese, second by Powers, and all voting in favor, the tabled item
application for PUD (concept statement) at the N. E. corner of 18th Avenue and 4th Street N. W.
was removed from the table. President Postier said the previous motion had been to deny this.
Alderman Kamper then said she would like to make a motion to table this for a period of study
by the Common Council and the Planning & Zoning Commission, there have been several questions
raised concerning the entire concept of provisions for planned unit development in an R-1 zone
and said she thought it not only fair to these people but also to the developers, if the
Council should take a look and see.if this is what we had in mind when we passed the zoning
ordinance and if this is what we want in our community, and therefore moved that this be tabled,
for two weeks on June 4, 1973; Alderman Strain seconded the motion and all voted in favor except
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Alderman Powers who voted "nay". The City Administrator was to arrange a meeting with
the Planning & Zoning Commission and the Common Council sometime before June 4, 1973.
Mr. Mason Steinberg, one of the developers, was present and requested that if the Councils
did not wish to take action on the commercial part maybe they would consider the
apartment complex; he was told they wanted to study the entire plan. Mr. Kenneth Allsen
of 4038 17th Avenue N. W. was present and said he would like to make one thing clear,
they were not opposed to Planned Unit Development but were only opposed to Planned Unit
Developments in R-1 Districts. (If the Council can.get a decision before June 4th
President Postier said he would call a special meeting).
Upon motion by Ludowese, second by Powers, and all voting in favor, the following)
license applications were approved and the City Clerk was instructed to issue the said
licenses: (1) application of Arnold F. Friesen for Master Installer License (2) applica-1
tion of Beltline Conoco at 1106 15th Avenue S.E. and Hillcrest 66 at 1616 Elton Hills
Drive for cigarette license and (3) application of Kenneth Yule for permit to move a
single car garage from 932 6th Ave. S.E. outside the city limits.
A motion was made by Strain, second by Larson, and passed unanimously that the
semi-monthly bills, list attached, in the amount of $218,693.82 be approved.
Recommendation of Planning & Zoning Commission that the application for approval
of a Planned Unit Development (Concept Statement) to be located at 412 14th Street S.E.
(Lots 1-3, Block 2, Meadow Park 6th Subdivision) be approved. A motion was made by
Strain, second by Powers, and all voting in favor, except Alderman Larson who "abstained
approving the Concept Statement identified as P.U.D. 73-6 dated "Received April 23, 1973
City Planning Department, Rochester, Minnesota" consisting of 1 page and'2 sheets of
plans.
Recommendation of Planning & Zoning Commission that the application for approval
of a Planned Unit Development (Preliminary Plan) to be located at 412 14th Street S. E.
(Lots 1-3, Block 2, Meadow Park 6th Subdivision) be approved subject to (1) that part of
Lots 2 and 3 not used for offstreet parking, front yard or building should be designated
for recreational use (2) the beauty shop should be shown as two chairs and (3) a detailei
plan shall be submitted to the Planning Department for review and approval. A motion
was made by Strain, second by Powers, and all voting in favor except Alderman Larson who
"abstained", approving the Preliminary Plan identified as P.U.D. 73-6 dated "Received
April 23, 1973, City Planning Department, Rochester, Minnesota" consisting of 2 sheets
subject to the modifications listed above.
Recommendation of Planning & Zoning Commission that the preliminary plat of
Pennington Business Park Second Subdivision be granted approval subject to the conditio
that no further subdivisions be permitted in this general area until a general develop -
went plan has been prepared and approved by the City. Upon motion by Strain, second by
Larson, and all voting in favor except Alderman McNary who voted "nay", the recommend-
ation of the.flanning & Zoning Commission was accepted and the preliminary plat was
.Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., May 21, 1973
granted approval.
Recommendation of Planning & Zoning Commission that the application for approval of a
Planned Unit Development (Concept Statement) to be located South of County Road No. 8 and to
be known as Green Meadows Village (Part II) be granted approval subject to revising the
internal traffic circulation plan. A motion was made by Powers, second by Strain, and all
voting in favor, approving the Concept Statement identified as.P.U.D. 73-7 dated "Received
May 1, 1973, City Planning Department, Rochester, Minnesota" consisting of 2 sheets of plans.
Upon motion by Strain, second by Kamper, and all voting in favor, a resolution was
adopted ordering a hearing on construction of concrete sidewalk on both sides of 8th Avenue
S. E. from 16th Street S. E. to 16k Street S. E. (hearing to be held June 18, 1973 at 7:30 P.M.)
Upon motion by Kamper, second by Larson, and all voting in favor, five resolutions were
adopted ordering bids for (1) New Sidewalk Project #1-1973 J8455 (2) New Sidewalk Project
#2-1973 J8456 and New Sidewalk Project #5-1973 J8459 (3) New Sidewalk Project #3-1973 J8457
(4)New Sidewalk Project #4-1973 J8458 and (5) New Sidewalk Project #6-1973 J8460.
Upon motion by,Powers, second by Strain, and all voting in favor, a resolution was
adopted ordering bids for the intersection improvements at 3rd Avenue and 4th Street S. E.
(this is a federal aid Topics Project).
Upon motion by Larson, second by Strain, and all voting in favor, a resolution was
adopted approving the agreement between the State of Minnesota, Department of Highways and
the City of Rochester concerning the traffic control signal at Fourth Street and Third Avenue
Southeast, and authorizing Mayor and City Clerk to sign same.
Miss Phyllis Goedert, Library,Director, was present and requested that the Council
allow two parking spaces for custodian parking in the Pennys Lot, these custodians run
various errands during the day and are now parking in this lot and putting money in the meters,
because of the heavy use of this lot, the custodians are not assured of getting a space when
they return. Upon motion by Ludowese, second by Powers, and all voting in favor, the two
spaces as requested were approved and the City Attorney was instructed to prepare a resolution
establishing said parking zone.
An Ordinance annexing to the City of Rochester, Minnesota, certain unplatted land in
Cascade Township., Section 34, Township 107 North, Range 14 West, Olmsted County, Minnesota and
establishing the zoning thereof (Electric substation) was given its second reading. A motion
was then made by Strain, second by Kamper, that the said ordinance be adopted as read and all
voting in favor, President Postier declared the said ordinance duly passed and.adopted.
An Ordinance relating to Subdivision Regulations and the Platting of property;
amending Rochester Code of Ordinances Sections 41.200, 41.201, 41.203 and 41.302 douse Keeping
amendments to Subdivision ordinance) was given its second reading. A motion was made by
Ludowese, second by Strain, that the said ordinance be adopted as read and all voting in favor,
President Postier declared the said ordinance duly passed and adopted.
Resolution approving owner's contract with Metro Development for street grading,
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Record of Official Proceedings of the Common Council
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surfacing sanitary sewer, storm sewer and watermains and service connections in Valhalla
Third Subdivision. Upon motion by -Strain-, second by:Pbwgrs, and all voting in favor,
-resolittian �dogted.:�- y _ ;: -Yd= = "e�.._ -
Resolution approving resolution adopted by Public Utility Board on May 8, 1973
authorizing the Board to enter into a contract with Kirkham, Michael, Architects and
Engineers for furnishing engineeringservices for maintenance and repair work to concrete
elevated storage tower located at College Hill. Upon motion by --Larson, second by Kamper,
and all voting in favor, resolution adopted.
Resolution approving owner's contract for local improvements on 15th Avenue N.W.
and 35th Street N. W. by Mohn & Penz Development Company. Upon motion by Kamper, second byl
Strain, and all voting in favor, resolution adopted.
Resolution approving owner's contract with Tonkawood Construction, Inc. for
sewer, watermain and service connections in 19th Norwest First Subdivision. Upon motion
Kamper, second by Larson, and all voting in favor, resolution adopted.
Resolution authorizing the City Attorney to begin condemnation proceedings to
acquire land for public park purposes from Metro Development Company and Indian Heights
Third. Upon motion by Kamper, second by McNary, and all voting in favor except Aldermen
Larson, Strain and Postier who voted "nay", resolution adopted.
Resolution amending the Official Land Use Plan of the City of Rochester as
adopted on March 18, 1963 (On Sections 28, 29, 32 and 33 Cascade Township -U. S. 14 West
at 35th Avenue N. W. extension). Upon motion by Strain, second by Kamper, and all voting
in favor, resolution adopted.
Resolution amending the Comprehensive Parking Resolution adopted on October 20,
1969 as follows:
Section E, Passenger Loading Zones, Paragraph (83.5) is amended to read
as follows:
"(83.5) Sixth Avenue Southeast on the east side of the street 50 feet
more or less in front of the premises known as Calvary Evangelical Church
(Sixth Avenue and llth Street Southeast).
Upon motion byKamper, second by Powers, and all voting in favor, resolution adopted.
Resolution amending the Comprehensive Parking Resolution adopted on October 20,
1969, as follows:
Section E, Passenger Loading Zones, Paragraph (10) is amended to read
as follows:
"(10) West Center Street on the north side of the street 100 feet more
or less in front of the premises known as 405 West Center Street, between
the hours of 7:00 a.m. and 6:00 p.m. on Monday through Friday."
Section J, Passenger and Commodity Loading Zones, Paragraph (4) is
amended to read as follows:
"(4) South Broadway on the east side of the street 23 feet more or
less in front the premises known as 434 South Broadway <,Harold's Auto Electric)."
Upon motion by Strain, second by Larson, and all voting in favor, resolution adopted.
Resolution approving establishment of a regional development commission for
Region 10 and petitions the State Planning Officer to establish such a regional development)
commission as provided in M.S. 462.381 - 462.396. Upon motion by Kamper, second by Larson,1
and all voting in favor except President Postier who voted "nay", resolution adopted.
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Mr. B. Jerome Loftsgarden, President of Alotel Corporation of St. Paul, developers of
the proposed Ramada Inn at the -south edge of Rochester was present and said he had been denied
a building permit earlier today because the plans called for square -footage greater than
allowed under the new city zoning ordinance adopted last August, Mr. Loftsgarden had been
granted a variance about a year ago under the old ordinance. Gerald Swanson, City Attorney,
advised the Council that the variance could be considered valid if the Council determined
that the developer had "diligentlyNpursued" efforts toward the project since it was granted.
The project had never been abandoned and major obstacles to construction had been cleared
when an agreement was reached to dismiss a lawsuit blocking the project and purchases of the
final p ices of property for the motel site. A motion was made by Ludowese, second by Powers,
that the variance granted a year ago be upheld and he be authorized to build under the old
ordinance; all -voted in favor. :(The City Administrator was to notify Mr. Voelker to issue the
permit).
A motion was -made by Strain, second by Kamper, to reconsider the action taken on the
improvement project on 2nd Street S. W. from llth to 16th Avenue S. W.; all voted in favor
except Alderman Ludowese who "abstained". (consideration was to be given to go with the
project only from 13th to 16th Avenue). A•motion was then made by McNary, second by -Larson,
that the improvement project on 2nd Street S. W. from llth to 16th Avenue S. W. be tabled;
all voted in favor excpet Alderman Ludowese who "abstained".
Upon motion by Larson, second by Powers, and all voting in favor, the meeting was
adjourned.
City Clerk
INFORMATION 5/21/73
1. Letter from Gethsemane Lutheran Churdh re access onto 37th Street N.W. (referred to
Public Works Dept. for subsequent report and recommendation to Council)
2. Referred to Planning and Zoning:
a. application for a variance at 622 North Broadway (Kenneth Keefe)
b. application for a variance -at 1327 1st Street S.E. (David Batterson) A
letter was received withdrawing this application.
c. application for a variance at 1764 25th Avenue N.W. (William Olson)
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