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HomeMy WebLinkAbout09-07-1965Record of Official Proceedings of the Common Council of the City of Rochester, Minn.; September 7, 1965 167 1 r 1 U 1 1 0 F� 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 September 7,1965. President DeVries called the meeting to order at 2:00 o'clock P. M., the following members being present: President DeVries, Aldermen Day, Eichten, Perry, Wilson. Absent: Aldermen Hanlon and McCaleb (Alderman McCaleb arrived at 2:45 P. M.) Upon motion by Wilson, second by Day, and all present voting in favor thereof, the minutes of the meeting of August 16, 1965 were approved. A letter signed by Clarence Johnson again making application for access to his property from 5th Street N. W. and agreeing to make the following improvements at his own expense, was read: (1) to extend the curb and gutter on 5th St. N. W. as -better described on the attached survey in red pencil and according to.the specifications of theCity Engineer (2) to landscape the ditch and fill and level with crushed rock and maintain same (3) I request permission to extend said 'culvert ten feet as described to make it possible for the large semi -trucks trailers to make their, exit with out having their rear wheels go into the ditch. Mr. John Young, operator of the Apco Station in question, was again present and stated that it was difficult for him to compete with the three other stations at this intersection when he did not have access and requested that the eouncil grant him access to 5th Street N. W. A motion was made by Alderman Perry that this letter be placed on file, President DeVries declared his motion lost for want of a second. A motion was then made by Day, second by Wilson, that this letter be referred to the Public Safety Committee; all present voted in favor thereof, except Aldermen Perry and President DeVries who voted "no". A letter from the Board of Public Health & Welfare requesting approval of the employment of Susan Isbell of 2004 - 18'k Avenue N W. as a staff public health nurse, effective August 23, 1965, Pay Grade 65,. Step A or $459.00 per.month,.this employment is being made to replace Miss Rosalie Grosenick who transferred to the County Nursing Service on June 15, 1965, was read. Upon motion by Eichten, second by Perry, and all present voting in favor thereof, the appointment was approved. A letter signed by James N. Lang, Chairman of the Auto Safety Clinic Committee, of the Junior Chamber of Commerce, requesting permission to use a sound truck in the various suburban shopping centers of Rochester to advertise the safety check on September-16, 17 and 18, 1965, was read. Upon motion by Day, second by Wilson, and all present voting in favor thereof; the request was granted, the sound truck to be operated under the supervision of the Police Department. A petition signed by Mr. & Mrs..M. B. Schomberg, Mr. 7 Mrs. E J. Butlin and Mr. & Mrs. George Graetz requesting consideration of the establishment of a no parking area on the west side of the 500 block on Third Avenue S. E., was read. Upon motion by Day, second by Wilson, and all present voting in favor thereof, the petition was referred to the Public Safety Committee. , A letter from the Mayo Foundation requesting that the Common Council approve the 11 �- 6 8 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., September 7, 1965 • improvement project involving street grading and surfacing, sanitary sewer and storm sewer, water mains and service connections for Lots 2 thru 7, Block 4; Lots 2 thru 7 and 10 thru 15, Block 3; Lots 1 thru 9, Block 2; Lots 12 thu 20, Block 1, Meadow Park 3rd Addition; if approval is granted these improvements will be made this fall and Mayo Foundation will be the contractor for this project, was read. Upon motion by Wilson, second by Eichten; and all present voting in favor thereof, the request was referred to the Public Works Committee. A letter from Holmin Coporation submitting literature on the new Model 300 Personal Portable Sound System was read and upon motion by Wilson, second by Eichten, and all present voting in favor thereof, the same was referred to the Public Safety Committee. The claim of Mrs. Emmett Salem of 1803 - 15th Street N W. for tar splattered on their house was read and upon motion by Wilson, second by Perry, and all present voting in favor thereof, the claim was referred to the City Attorney. A letter from Carl F. Petersen, Blue & White Cabs, requesting two more taxicabs was read. Mr. Petersen was present and stated that they felt their financial statement would show that their business had increased $29,184.75 and this would entitle them to two additional cabs according to the ordinance; he said he felt their gain would be even greater now that the bus curtailment was in effect. R. V. Ehrick, City Attorney, then read Section 9, of Ordinance No. 1182 which states that "whenever the gross annual taxicab revenues of the grantee, computed on its fiscal year basis, exceed $168,000.00, the grantee shall add one additional taxicab for each full $12,000.00 by which said revenues exceed such amount";.he said it was not necessary to get approval for additional taxicabs, when the gross annual earnings have increased as required the additional taxicabs can be added. No action was taken. A letter from Rochester Yellow Cab Corporation requesting six (6) additional taxicab licenses due to additional business in Rochester and curtailment of Bus Service,was read. The City Clerk was instructed to notify the Yellow Cab Corporation that the number of cabs is governed by ordinance on the basis of gross annual earnings and when they have reached the necessary earnings they can add additional cabs without approval of the Council. Alderman McCaleb arrived at 2:45 P. M. A copy of a letter from the State of Minnesota, Department of Public Welfare, stating that they had awarded toward the operation of the Rochester. -Olmsted County Mental Health Center, a supplemental grant-in'=aid of $3,865.00, was read and President DeVries ordered the same placed on file. The two following resolutions adopted by the Public Utility Board were each read and upon motion by Wilson, second byhDay, and all present voting in favor thereof, the same were approved: "Be it resolved byt the Public Utility Board of the 'City of the City of Rochester that the amount of $450,000.00 be appropriated to the First National Bank for the purchase of Federal Intermediate Credit Bank Debentures bearing interest at the rate of 4.35% per annum and maturing June 1, 1966. Be it further resolved that these debentures be purchased for Electric Department Depreciation Reserve." I- 40 1 • • Record of Official Proceedings of the Common Council of the City of Rochester, Minn., September 7, 1965 169 1 is 1 LJ 1 "Befit resolved by the Public Utility Board of the City of Rochester that the Common Council authorize the Board to be licensed to construct, install, maintain and use an electric transmission line upon and across the right of way and property and over the tracks and wires of the Chicago and North Western Railway Company at Rochester, Minnesota, License charge to be $25.00 per annum and to be effective from September 1, 1965 until revoked. Be it further resolved that the Common Council authorize the Mayor and City Clerk to execute the agreement." A letter signed by C. A. Armstrong, City Engineer, stating that on August 17, 1965 a hearing was held on the proposed local improvement project entitled, "Concrete sidewalk, curb and gutter on the west side of llth Ave. N. W. from 5th St. to a point 100 feet south of 6th St. Northwest; the hearing was concluded and closed, and a motion was approved to defer the project for 90 days, this deferrment was -intended to delay the project pending action on a request of the property owner for driveways onto the same property from 5th St., that request has since been answered; he recommends that the council now proceed with the proposed project by approving the project and ordering bids, was read. Alderman Day stated that there were many places in the City of Rochester that needed curb and gutter and sidewalk and did not see picking just this one spot. Alderman Eichten stated that some= thing should be done because at the Apco Station they were having fruit stands, and merchandise out on the street, which could be very hazardous to traffic. A motion was then made by Wilson, second by Eichten, that the project be approved and bids be ordered; all present voted in favor thereof, except Alderman Day who voted "nay". The preliminary estimate of the City Engineer for construction of curb and gut on 14th Street S. W from 3rd Avenue S.W. to South Broadway in:.the amount of $6,487.67 and preliminary estimate of the City Engineer for extension of storm sewer in 3rd Avenue S W. from 640 feet North of 14th Street S. W to 14th Street S. W. and in 14th Street S. W from 2nd to 4th Avenue S. W. in the amount of $15,552.60 were each read and President DeVries ordered the same placed on file. A notice from the Minnesota Railroad and Warehouse Commission in the matter of the application of .Rochester Bus Line, Inc. approving modification of its operating schedules and for a minor increase in its student fare was read and President DeVries ordered) the same placed on file. The following petitions and applications were each read and upon motion by Wilson, second by Day, and all present voting in favor thereof, the same were referred to the Planning and Zoning Commission: 1. Petition for the vacation and abandonment of that part of Second Avenue N E. to the east of and adjacent to Lots one (1), two (2), and three (3) of the Northern Addition to the City of Rochester. (The Kruse Company), 2. Petition to vacate the utility easements over the westerly 5 feet of Lots 1,2,3,4,5,6,7,8,9,10,lo,12,13,14,15 and 16 and the easterly 5 feet of Lots 18,19,20,21,22,23,24,25,26,27,28,29,30,31,32, Block 1, Northgate Third Addition (Hutchinson -Sauer, Inc.). 3. Application for plat approval for final plat of Northgate Sixth Addition. 4. Application for plat approval for final plat of First Evangelical United Brebhern Church Subdivision. Letters from the State of Minnesota, Department of Health submitting report on is 170 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., September 7, 1965 examination of watermain extensions in (a) 27th Street N. E. from T. H. 63 to 3rd Ave. N.E. 3rd Place N. E. to 24th Street N. E. (b) Terrace Heights Apartments from 14th Street N. W. southward to south edge of parcel and a letter from the Water Pollution Control Commission on sanitary sewer extensions in Duville 2nd Subdivision in Terrace Heights Project and Sehl's Second Subdivision, were each read and upon motion by Perry, second by Wilson, and all present voting in favor thereof, the same were referred to the Public Works Committee. The following letter from the State of Minnesota, Water Pollution Control Commission, was read: "Honorable Alex P. Smekta Mayor • Rochester, Minnesota Gentlemen: The Minnesota Water Pollution Control Commission at a meeting held on August 19 and 20, considered the tentative priority ratings for applications received for a Federal grant under the Federal Water Pollution Control Act which provides for financial assistance with the construction costs of sewage treatment works. Several communities submitted supplementary information to their grant applications and some of the tentative ratings were adjusted. Final priority ratings were approved by the Commission. The final priority rating for your application is number 27. The Federal funds made availabel to Minnesota this year were $1,795,900 which is considerably less than the total grant funds requested of $5,517,572. Thirty eight communities applied for financial assistance and based upon financial and water pollution control needs and readiness to proceed, municipalities with priority ratings from 1 through 18 may receive a Federal grant. Some communities with low ,priority ratings could have increased their total priority points by having the project developed. Additional points were granted to those applicants who had completed the engineering plans and financing arrangements as follows: 1. Final plans and specifications approved by the Commission-10 points. 2. Final plans and psecifications submitted to the Commission for consideration - 6 points. 3. Final plans and specifications authorized by resolution of the council - 2 points. 4. Financing arrangements completed including bond election or final public hearing or resolution of countil ro proceed without a bond election - 4 points. The Commission appreciates the interest you have shown in the solution of your water pollution problem and encourages the council to continue with the development of adequate sewage treatment facilities. $espectfully, /s Robert N. Barr, M.D., Secretary Water Pollution Control Commission" Mayor Smekta stated that he could not quite understand this, first the State writes and tells the City that they should provide sewage facilities for suburban areas but when the City • applies for aid they turn it down. Upon motion by Perry, second by Wilson, and all present voting in favor thereof, the letter was ordered placed on file. A letter signed by Tom 0 Moore, Planning Director,.requesting permission to serve on the League of Minnesota Municipalities Annexation, Incorporation and Consolidation Committee during the coming year, was read. Upon motion by Wilson, second by Eichten, except Alderman Day who voted "nay", and all present voting in favor thereof,/his request was approved and he was authorized to attend the meetings at city expense. A letter from Johnson, Drake & Piper, Inc. stating that they are owners of residential land at Country Club Manor and are considering the development of the high water district in accordance with the preliminary plan approved by the City of Rochester, there presently exists in the area, a low level water standpipe for providing the s Record of Official Proceedings of the Common Council of the City of Rochester, Minn., September 7, 1965 171 • 1 1 • F1 necessary quantity of water for residential lots below the 100 feet elevation, for this development to go forward it is necessary that water service be provided to residential land above 1100 feet elevation, it is estimated, the residential land above 1100 feet elevation consists of 65 acres which is owned by Johnson, Drake & Piper, Inc.; as other areas develop It may become necessary for a larger high level water standpipe for servicing lands adjacent' to property owned by Johnson, Drake & Piper, Inc.; if the adjacent lands are considered for the high water level district, it appears the unit cost would be much lower and the acreage benefiting would give a much broader base for assessment; this would depend upon a procedure for the deferment of payment for some portion of the work, to the benefited areas not immediately making use of its availability, was read. Upon motion by Eichten, second byl Day, and all present voting in favor thereof, the letter was referred to.the Public Works Committee. The application of Francis G. Sehl for change of zoning of that part of the Southwest sixty acres of Section 24, Township 107 Range 14 West north of City of Rochester Utility and Drainage Easement, west of U.S. Highway #63 east of 3rd Avenue N E and south of thirty-first Street Northeast was read and upon motion by Wilson, second by Eichten, and all present voting in favor thereof, the same was referred to the Planning and Zoning Commission. Mayor Smekta brought up the matter of reapportionment of the wards of the City of Rochester. He stated that he had talked to members of the Charter Commission and they had suggested that the Council adopt a resolution or write a letter requesting that this be put. on the ballot at the next election. This matter had been previously referred to the City Attorney for study and report. Mayor Smekta also stated that he felt the procedure used by the City for repair and reconstruction of sidewalks was not satisfactory; he said he had gone over the procedure with the sidewalk inspector and it takes practically all summer to get a sidewalk repaired; he suggested that the Council take a look at -this and see if something could not be done to. speed up the operation. C. A. Armstrong, City Engineer said under the present procedure, the property owner is first notifed what specific sidewalk repairs or replacements are needed and they are then given 30 days to have the work done himself; if he does not do the work the City Engineer's department reports to the Council, which then orders the repairs; he said the work was then awarded on a bid basis and hearings were involved; Mr. Armstrong stated that one reason much of the sidewalk repairs had not been done this summer is lack of a root cutter, he said a good percentage of the poor sidewalks in the City are caused by roots growing under the sidewalks. Upon motion by Perry, second by Wilson, and all present voting in favor thereof, the matter was referred to the Public Works Committee, the City Engineer and the City Attorney. The recommendation of the City Planning and Zoning Commission stating that they C f Record of Official Proceedings of the ' Common ' Council of the City of Rochester, Minn.,* September 7; 1965 , CC-56665 had reviewed the provisions .of the Zoning Ordinance pertaining to outdoor advertising and recommend that the following revisions be made; was read: 30.05 Height Regulations: Revise the last phrase of this paragrpah to read as folbws: "except as provided in Paragraph 43.07 and Article 51 of this Ordinance". 43.071 Service Stations and Parking Lots: Omit the words "twenty (20)" and substitute the words "thirty (30)". 43.08 B-tb, B-2, B-3, M-1 and M-2 District: In the heading and paragraph omit the "B-lb". Add to the end of the paragraph the following: "and to the height regulations of the District in which such display signs are located". 43.091 Wall Signs: Add to the end of the last sentence: "except that a pro- jection not exceeding four (4) feet in height and 20% of the overall width of such wall sign shall be permitted subject to the written approval of the Fire Chief". • 43.093 Ground Signs: Revised as follows: Display signs supported by the ground shall be located back of the street line or building line and shall not exceed six hundred (600) sq. ft. of total overall area, (Including display area, mouldings and trim). An open space (etc. as now in Ordinance). Upon motion by Perry, second by Eichten, and all present voting in favor thereof, the recommendation was approved and the City Attorney was instructed to prepare an ordinance amending the Zoning Ordinance. Upon motion by Wilson, second by Day, and all present voting in favor thereof a recess was declared at 3:35 P. M. President De Vries called the meeting to order again at 4:00 P. M. with all members being present except Alderman.Hanlon. The recommendation of the Planning and Zoning Commission stating that they had reviewed the petition to annex to the City of Rochester Lots 29-31, College View Addition and find that this property is contiguous to the city limits, sanitary sewer and water is in place in 14th Avenue S.W. which can serve this property, and that the Rochester Town Board filed a letter with this commission stating that they do not object to this annexation; they, therefore, recommend that property be annexed to the City of Rochester subject to the following conditions (1) the description for annexation shall include the East one-half of the street right-of-way of 14th Avenue S. W. and (2) the owners shall dedicate a 5 ft. utility easement along the east property line of these lots for utility purposes, was read. Upon motion by Perry, second by Eichten, and all present voting in favor thereof, the recommendation was approved and the City Attorney was instructed to prepare the necessary • ordinance. The recommendation of the City Planning and Zoning Commission stating that they had reviewed the City Limits situation in S. W. Rochester as it pertains to properties that are east of U?, S. 14-52 and are outside of the City of Rochester; in the area along 14th Ave. S. W. north of U. S. 14-52 and in the area north of llth St. S W. there are approximately 24.2 acres of land that are 89% surrounded on'three sides by the City Limits of the City of Rochester; the 1965 Legislature amended the Minnesota Annexation Laws to provide that where properties are 75% or more surrounded on three sides by the City Limits of a municipality, that the municipality may initiate proceedings to annex such properties; this particular matter has been discussed by .the Olmsted County Planning Advisory Commission and this group • Record of Official Proceedings of the Common Council of the City of Rochester, Minn.,- September 7. 1965 1790 1 • [l 1 u 1 has expressed a willingness to see this property annexted to the City of Rochester, of course,l, the Rochester Town Board would have the final right to register an objection which would placed the matter in the. hands of the Minnesota Municipal Commission; they, therefore, recommend that the Common Council initiate the necessary proceedings to annex the above properties to the City of Rochester and that where needed, utility easements be provided by the property owners,) was read. Upon motion by Perry, second by Day, and all present voting in favor thereof, the recommendation was approved and the City Attorney was instructed to start annexation proeeedint The recommendation of the City Planning and Zoning Commission stating that they had reviewed the final plat of the Replat of Folwell Subdivision and find that this plat complies with the City's adopted land use plan, thoroughfare plan, Zoning Ordinance, Subdivision Regulations, and the conditions of preliminary approavl; they, therefore, recommend that this plat be granted final.approval, was read. Upon motion by Day, second by Eichten, and all present voting in favor thereof, the recommendation was accepted and a hearing on the final plat was set for 7:30 P. M. on September 20, 1965. The recommendation of the City Planning and Zoning Commission stating that they had reviewed the final plat of Elton Hills East 2nd Subdivision and find that this plat complies with the City's adopted land use plan, thoroughfare plan, Zoning Ordinance, Subdivision Regulations, and the.General Development Plan of Elton Hills East Subdivision; therefore, recommend that this plat be granted final approval, was read. Upon motion by Eichten, second by Day, and all present voting in favor thereof, the recommendation was accepted and a hearing on the final plat was set for 7:30 P. M. on September 20, 1965. The recommendation of the Planning and Zoning Commission stating that they had reviewed the proposed site plans for FireStation No. 4 to be located at 16th Ave. N. W. and Elton Hills Drive N. W.; and find that the buildable area of the existing site is of such an irregular shape that it cannot accommodate the Fire Station that is planned to be constructed on this site; they also find that the site would have space for only a limited amount of offstreet parking and no space for possible future expansion; we feel that in order to overcome these site deficiencies and be able to construct a facility that will be a credit to the City of Rochester; additional property should be acquired so that the new Fire Station will conform in all respects to the yard space provisions of the Zoning Ordinance; we, therefore, recommend that Lot 3, Block 2, Thomas 1st Addition be acquired by the City of Rochester as an addition to the site for Fire Station No. 4, was read. The recommendation of the Public Safety Committee recommending purchase of an additional lot for Fire Station No. 4 was also .read. Upon lmotion by Wilson, second by Eichten, and all present voting in favor thereof, the recommendations were accepted and the City Attorney was instructed to negotiate for purchase of this lot, if necessary hire an appraiser for the lot. The recommendation of the Public Safety Committee that the classified positions of Chief of Fire Prevention Bureau, Assistant Alarm Superintendent and Assistant Mechanic be added to the Rochester Fire Department, was read. Upon motion by Wilson, second by Eichten] and all present voting in favor thereof, the recommendation was approved and the City Attorney 0 � pmr 1 f 4 Record of Official Proceedings of the" Common= Council of the City of Rochester, Minn., September 7, 1965. CC•55555 was instructed to prepare the necessary ordinance. The recommendation of the Public Safety Committee stating that they had considered the letter from the Rochester Library Board requesting certain changes in the parking in the vicinity of the Rochester Public Library; the committee makes the following recommendations: that the six ninety minute parking meters on the east side of Third Avenue S. W. between 2nd Street S. W. and 3rd Street S. W. be changed to limit the parking to 30 minutes; all six parking meters are located in the south half of the block; the committee further recommends that a passenger loading zone be establsihed on Second Street S. W. in front of the main entrance to the Rochester Public Library, this passenger loading zone to replace the existing two 30 minute parking stalls, was read. Upon motion by Wilson, second by Day, and all present voting in favor thereof, the recommendation was accepted and theCity Attorney was instructed to prepare the necessary resolution. The recommendation of the Public Safety Committee stating that they had considered the request from the Rochester Busl Line, Inc., to reduce or eliminate bus license fees and the Committee recommends that the bus license fees be reduced to fifteen ($15.00) dollars per year per unit to be consistant with taxi cab license fees, was read. Upon motion by Day, second by McCaleb, and all present voting in favor thereof, the recommendation was accepted and the City Attorney was instructed to prepare the necessary ordinance. The recommendation of the Finance Committee (signed 'only by Alderman Perry) that Burton P. Baker, Finance Officer be authorized to attend a one -day Fourth Annual Public Officials Conference in Chicago, Illinois on September 30, 1965 at city expense, was read. Upon motion by Wilson, second by McCaleb, and all present voting in favor thereof, except Alderman Day who voted "nay", the recommendation was approved and Mr. Baker was authorized to attend at city expense and also any member of the Council wishing to attend were authorized to do so at city expense. The recommendation of the Finance Committee (signed only by Alderman Perry) that Mr. Tom Moore be authorized to attend the Board of Directors meeting of the Minnesota Planning Association on Saturday, September 11, 1965, in Minneapolis at city expnese was read and upon motion by Wilson, second by McCaleb, and all present voting in favor thereof, except Alderman Day who voted "nay", the recommendation was approved and he was authorized to attend at city expense. The recommendation of the Finance Committee (signed only by Alderman Perry) that Leonard Teigen and Alffed Nelsen be authorized to attend the League of Minnesota Municipalities meeting at Rushford, Minnesota on September 16, 1965 and that Wayne Terveer and David Werneke be authorized to attend the League of Municipalities meeting at Mantoriville, Minn. on September 29, 1965 at city expense, was read. Upon motion by McCaleb, second by Eichten, and all present voting in favor thereof, the recommendation was accepted and they were authorized to attend at city expense. The recommendation of the Finance Committee that Alfred Nelsen, City Assessor, be granted permission to attend the International Association of Assessing Officers Conference 1 C� J 1 1 • 1 n LI Record of Official Proceedings of the Common Council 7 5 of the City of Rochester, Minn., September 7, 1965 1 r� L 1 1 • 1 to be held in Houston, Texas September 26 thru 29, 1965 be approved and he be authorized to attend at city expense, was read. Upon motion by Wilson, second by McCaleb, an all present voting in favor thereof, the recommendation.was referred back to the Finance Committee to meet with Mr. Nelsen before approval is given. The recommendation of the Finance Committed (signed only by Alderman Perry) that the request of the Board of Public Health & Welfare for the following people to attend the Minnesota meetings of the Public Health Association in St. Paul on October 7 and 8, 1965 be approved, was read: two staff nurses, the director of public health nursing; the health educator; the public health advisor; one sanitarian; the public health engineer and the health officer. Upon motion by Perry, second by McCaleb, and all present voting in favor except Alderman Day who voted "nay", thereof,/the recommendation was approved and they were authorized to attend at city expense. The recommendation of the Finance Committee (signed only by Alderman Perry) that the request of the Board of Public Health & Welfare fthat the Assistant Director of Public Nursing; the Public Health Nurse and the City Sanitarian be authorized to attend the meetings of the American Public Health Association in Chicago, Illinois on October 18 thru 21, 1965 be approved and they be allowed to attend at city expense, was read. Upon motion by Perry, second by McCaleb, and all present voting in favor thereof, the recommendation was referred back to the Finance Committee to meet with representative before approval is given. The recommendation of the Finance Committee (signed only by Alderman Perry) that the request of C. A. Armstrong, City Engineer, for permission to tour the facilities of the Air Force Systems Command on September 28-October 1 be approved, was read. The members of the Executive Committee of the League of Municipalieies have been invited. Upon motion by Perry, second by Wilson, and all voting in favor thereof, except Alderman Day who voted "nay", the recommendation was approved and he was authorized to attend at city expense. A letter from the Rochester Library Board requesting the balance in the Library Fund as of March 31, 1965 beheld in anticipation of the future need for the purchase of a bookmobile was read. Upon motion by Wilson, second by Perry, and all present voting in favor thereof, the letter was referred to the Budget Committee. The application for transfer of "on sale" liquor license from Joseph Hamm to Depot House-, Inc. was read and upon motion by Wilson, second by Eichten, and all present voting in favor thereof, the application was referred to the Public Safety Committee. The applications of James Rasmussen for Journeyman Hot Water and Steam Fitter's License; George T. Thenes for Journeyman Electrician's License; and H. E. Fraser for Electrical Contractor's License were each read and upon motion by Perry, second by Wilson, and all present voting in favor thereof, the licenses were granted. The applications of Zumbro.Ail Company and Coop. Oi1.Company Employees Club, for license to sell cigarettes were each read and upon motion by Perry, second by Wilson, and all present voting in favor thereof, the licenses were granted. r 176 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., September 7, 1965 CC•56865 The bond of Jack Kent Cooke, Incorporated in the amount of $5,000.00 with United States Fidelity and Guaranty Company as surety was read and upon motion by McCaleb, second by Day, and all present voting in favor thereof, the bond was approved, the surety thereon accepted and the bond was ordered placed on file. The contract bonds of H. T. Earle Sr. in the amount of $2,807.61 with Continental Casualty Company as surety; Phil Ryan dba Ryan.Cement Contracting in the amount of $5,362.52 with Glens Falls Insurance Company as surety; E. J. Vonch & E. J. Mahoney (3) in the amounts of $4,016.04, $3,709.36 and $3,817.90 with United States Fidelity and Guaranty Company as surety were each read and upon motion by McCaleb, second by Day, and all pre sent voting in favor thereof, the bonds were referred to the Mayor for approval. The report of the City Weighmaster for the month of August, 1965 showing fees collected for loads weighed in the amount of $187.50 was read and President DeVries ordered the same placed on file. The reports of the Clerk of Municipal Court for the week ending August 13, 1965 showing total criminal fines and costs collected and civil fees received $2,545.00; and total remitted to City $1,785.00; for the week ending August 20, 1965 showing total criminal fines and costs collected and civil fees received $3,177.00 and total remitted to the City Treasurer $2,013.00; for the week ending August 27, 1965 showing total criminal fines and costs collected and civil fees received $4,176.50 and total remitted to the City Treasurer $2,527.50; and for the week ending September 3, 1965 showing total criminal fines and costs collected and civil fees received $3,698.00 and total remitted to City Treasurer $2,605.00 were each presented and President DeVries ordered the same placed on file. The following resolutions were each introduced and read and upon motion made and seconded and all present voting in favor thereof, President DeVries declared the said resolutions duly passed and adopted: Resolution ordering a hearing on the proposed assessment for construction of a water tower to be located on the East side of 18th Avenue N. W. approximately 1250 feet r north of the present city limits together with the necessary trunk line to connect said water tower with the city system on 18th Avenue N. W. (deferred assessment to Northridge First Subdivision). Upon motion by Wilson, second by McCaleb, resolution adopted. Resolution ordering a hearing on the proposed assessment for construction of Fullerton-Elford Trunk Line Sanitary Sewer (deferred assessment to Northridge First Sub- division). Upon motion by Wilson, second by Eichten, resolution adopted. Resolution ordering a hearing on the proposed assessment for construction of a sanitary sewer across T. H. 52-14to serve Lots 2, 3, 4 in Block 4 and Lot 5, Block 3, in Folwell Heights Addition. Upon motion by Eichten, second by McCaleb, resolution adopted. Resolution approving plans and specifications and ordering bids for construction of a concrete sidewal, curb and gutter on the west side of llth Avenue N. W. from 5th Street 40 1 1 • L 0 Record of Official Proceedings of the Common Council of the City of .Rochester, Minn., September 7, 1965 177 1 • 1 C� J 1 Northwest to a point 100 feet south of 6th Street Northwest. Upon motion by Wilson, second by McCaleb, resolution adopted. Alderman Day,voted "nay". Resolution authorizing the Utility Board to be licensed to construct, install, maintain and use an electric transmission line upon and across the right of way and property and over the tracks and wires of the Chicago and North Western Railway Company. Upon motion by'Wilson, second by McCaleb, resolution adopted. Resolution authorizing Public Utility Board to purchase $450,000.00 Federal Intermediate Credit Bank Debentures. Upon motion by Eichten, second by McCaleb, resolution adopted. A motion was then made by Perky, second by Wilson, that the followingtwenty-two resolutions appropriating city funds for various.purposes be considered by the Common Council as a single group;, all present voted in favor thereof. A motion was then made by Perry, second by Wilson, that the following twenty=two resolutions be adopted.as read, and all voting in favor thereof, President DeVries declared the said resolutions duly passed and adopted; 1. Resolution appropriating $542.55 from the General Fund; $145.40 from the Fire Protection Fund; �$512.16 from the Police Protection. Fund; $63.22 from the Music Fund and $80.30 from the Auditorium Fund and ordering payment made to The Northwestern Bell Telephone Company. 2. Resolution appropriating $1,446.86 from the General Fund; $25.00 from the' Park Improvement Fund; $405.86 from the Police ProtectionsFund; $8.00 from the Music Fund; $7,026.49 from the Street & Alley Fund;: $$392.00 from the Sewer Fund and $77.74.from the Parking "Meter Fund and ordering payment made to Elfreda Reiter, City Clerk $343.25; City of Rochester $7,929.43; Wm. H. Ziegler Co.,Inc. $434.94; Mobil 0il Company $236.43 and Goodyear Service Stores $437.90. 3. Resolution appropriating $6,751.21 from the General Fund; $183.60 from the Police Protection Fund; $3,218.68 from the Permanent Improvement Fund; $8,405.15 from the Lighting Fund; $875.02 from the Auditorium Fund and ordering payment made to.the Fire Safety Corporation $651.60; General Electric.Company $9,316.08; City of Rochester, P. U. $8,380.36 and City of Rochester Utilities $1,085.62. 4. Resolution appropriating $2,382.66 from the Permanent Improvement Revolving Fund and ordering payment made -to The Sinking Fund. 5. Resolution appropriating $16,911.10 from the Permanent Improvement Revolving11 Fund and ordering payment made to the General Fund. 6. Resolution appropriating $1,644.83 from the Permanent Improvement Revolving Fund and ordering payment made -to Kasson Sewer & Water Co: 7. Resolution appropriating $4,824.83 from the Permanent Improvement Revolving Fund and ordering payment made to Carlisle G. Fraser, Inc. 8. Resolution appropriating $476.44 from the Permanent Improvement Revolving is Fund and ordering Payment made to Carlisle G. Fraser, Inc. Record of Official Proceedings of the Common Council of the City of Rochester, Minn., September 7, 1965 9. Resolution appropriating $2,969.24 from the Permanent Improvement Revolving Futid and ordering payment made to Carlisle.G. Fraser. 10. Resolution appropriating $16,801.36from the Permanent Improvement Revolving Fund and ordering payment made to Rochester Sand & Gravel Company. 11. Resolution appropriating $50,940.29 from the Permanent Improvement Revolving Fund and ordering payment made to the Rochester Sand & Gravel Company; 12. Resolution appropriating $2,086,52 from the Permanent Improvement Revolving Fund and ordering payment made to the Carlisle G. Fraser, Inc. 130 Resolution appropriating $753.83 from the Permanent Improvement Revolving Fund and ordering payment made to H. T. Earle, St. 14. Resolution appropriating $549.78 from the Permanent Improvement Fund and ordering payment made to Carlisle G. Fraser, Inc. 15. Resolution appropriating $550.20 from the General Fund; $2,123.81 from the Fire Protection Fund and $499.80 from the Sewer Fund and ordering payment made to the Lyon Chemical Company, Inc. $499.80, Electronic Engineering Service $300.55; Phil M: Ryan $ $1,823.26 and Evelyn E. Kruger $218.40. 16. Resolution appropriating $3,633.78 from the General Fund and ordering pay- ment made to "Arthur A. Hirman Agency, Inc. $507.00; Clements Chevrolet Company $1;909.76; Northwestern Refining Company $648.75 and L. N. Sickels Company $568.27. 17.' Resolution appropriating $3,766,97 from the General Fund and ordering payment made to Quality Printers & Stationers $340.09; Peoples Co-op Power Association $2,298.37; Whiting Printers's & Stationers $454.89 and F.W. McGovern Agency $673.62. 18. Resolution appropriating $2,479.67 from the Street & Alley Fund and order- ing payment made to Firestone Stores $298.80; Hayden -Murphy Equipmert Company $265.02; Ed Mahoney $1,085.10; Borchert -Ingersoll, Inc. $210.75 and'H.'Erickson Co. $620.00. 19; Resolution appropriating $2,653:25 from the General Fund and ordering payment made'to Walter C. Heins Agency $712.00; William Peet Company $490.08 and Mobil Oil Company $1,451.17. 20. Resolution appropriating $2,924.56 from the Parking'Meter Fund and $606.70 from the Police Protection Fund and ordering payment made to Powell & Sullivan $396;40; Cronin -Peterson $210.30; H & H Electric Co.'$893.16 and Universal Ford Sales $2,031.40. 21. Resolution appropriating`$644.13 from the Police Protection Fund and $281.42 from the Parking Meter fund arid=bordering payment made to H & H Electric Co. $284.24 and Universal Ford Sales $641.31. 22, Resolution appropriating $11;188.34 from the General Fund; $46:55 from the Fire Protection Fund; $1,451.32 from the Police Protection Fund; $1,750.48from the Parking Meter Fund.and ordering payment made to Walter C. Heins Agency $11,188.34; Harolds Auto Electric $572.55; City of Rochester, Minnesota $634.98; Williams Printing, Inc. $309.65 and Universal Ford Sales $1731.17. r� • 1 L1 • 1 23. Resolution appropriating $6,396.14 from the General Fund and ordering payment made to Whiting Printers & Stationers $4,396.14 and Vennum, Newhall, Ackman 11 0 • Record of Official Proceedings of the Common Council of the City of Rochester, Minn.,_ September 7, 1965 179 1 E 1 r] L & Goetz $2,000.00. ,The following claims were each read and upon motion by Perry, second by Wilson, all present voting in favor thereof, same were,approved and the Mayor & City Clerk were authorized,and directed to draw warrants upon the City Treasurer and make payments accordingly: From the General Fund: Schmidt Printing Co. $44.43; R & E Tool Supply $4.95; Silver Lake Hardware $.99; Janet Walbruch $50.56;,International Association of Assessing $20.00; Harry Evans, Register of Deeds $20.75; American Society of Planning Officials $15.00; Rogers $4.40; Monte's Gilt & Stationery $32.83; Thomas Office gquipment $21.00 Harvey E. Golden, M,D. $35.00;,Monroe International, INc. $33.00;,14hiting Printers & Stationers.$5.85; Nebraska Bridge Supply &,Lumber Co. $139.15; The Johnson Co. $15.00; Federated Mutual Insurance $18.38; City of Rochester P.U. $11.34; Adamson Motors, Inc. $5.96; The Kruse Co. $37.39.; C. A. Cottingham $171.00;,American Linen Supply $21.75; Dieter Paper & Marine $19.92.; Roberts Foods Inc. $31.75; Woodhouse Brothers $22.45; C. A. Armstrong $109.92; Jerome Oster $140.00; Harland Walker $37.95; William H. Ziegler Co. Inc. $13.95; Alex P. Smetka $181.45; Alfred M. Heyn $95.59; Robert R. Blakely $121.22; Custom Printing Inc. $2.50; Alfred Nelsen.$15.75; David Wernecke $6.22; Kuntz Teigen Elec. Co. $58.00; Dr. W. A. Moore $75.00; Ivan Boyd $12.71; West Publishing Co. $9.00; Mayo.Clinic $20.00; Frederick Hughes $120.00; Harlan Severson Sec.-Treas. $15.00; Chicago North Western R.R. Co. $15.00; Wayne TerVeer $8.85; Mathew Bender & Co. $5.00; St. Mary's Hospital $10.10; Monte's $9.70; Trautner Sales $25.13; Harry Evans, Register of Deeds , $14.70; Kruse Ins. Co. $96.00;,Osterud Agency $35.24; IBM $20.57; City of Rochester P.U. $21.90; Dave Paxton,$25.36; Custom Printing $1.25.; Rundell Lumber $5.20;,City of Rochester Minn. $3.00; Whiting Printers & Stationers $152.95; Farnham -Adams $2.55; Olmsted Medical Group $115.00; Garnet Spring $36,.90; Everett Knuth $52.80; Walter B. Gordon $43.95; Wm. Burrows $54.22; Chas. H. Dornack $67.42; William Frutiger $50.25; D. Dewey Day $16.38; American Linen Supply $12.10; Louis Bennett $156.90; H. F. Ranfranz Agency $23.51; Walter T. Bruzek Adv. $72.50; The Sherwin Williams Co. $1.82; C. P. Dry Cleaners $7.50; Highley Chemical Co. $23.00; Edwards Sheet Metal $74.20; Ace Hardware $5.29; Sani Trucking $40.00; Don Rockenbach $35.04; Robert,Ludescher $29.56; The Sanitary Co. $60.00; Witte Transportal tion Co. $3.25; Arnold's,Supply $29.92; Model Lawlers $21.27; China Hall $26.56; Marshall &,Stevens $30.00; D.,H. Holt Co. $29.85; Callighan Co. $22.50,; Duane M. Savik $43.47; , John M. Rice $11.50; Olmsted Medical,Group $35.00; Alvin Grossbach $65.09; General Trading Co. $4.44; Witte Transportation $3.25; Stenberg Wood Products Inc. $150.00; Filmshops Inc. $9.14; People's Natural Gas $24.66; H. Dornack & Sons $61.70; State of Minn. Dept. of Highways $57.88; and Quality Printers & Stationers $11.27. From the Street & Alley Fund: Alvin Grossbach $4.00; General Trading Co. $71.92; Witte Transportation $6.50; Stenberg_Wood Products $22.00; Filmshops, Inc. $9.95; People's Natural Gas $136.37; Michael Todd Inc. $189.75; Hall Equipment Co. $90.19; QRecord of Official Proceedings of the Common Council of the City of Rochester, Minn., September 7, 1965 Book Division of Hearst Magazine $11.00; Fire Safety Corp. $192.00; E. J. Vonch•$98.00; S.M. Supply Co. $19.99; National Welding Supply $38.25; Witte Transportation $3.25; Doyle Conner Co. $149.50; E. J. Vonch $61.00; S.M. Supply Co. $75.81; Anderson Radiator Service $43.25; H. Dornack & Sons $4.78; Standard Oil Co. $127.20; Big Four Oil Co. $57.60; City of Rochester, Minn. $58.40; Bemel Parts & Supply $2.50; and Daniel C. Reiland $148.80. From the Fire Protection -Fund: H. Dornack & Sons $12.97; The Fireman's Helper $16.00; National Safety Council $1.44; E. J.<Klampe $10.00; Universal Ford Sales $40.95; Whiting Printers & Stationers $8.24; National Fire Protection Assn. $41.90; Big Four Oil Co. $144.40; Camera Centers Inc. $4.35; Trautner Sales Co. $40.53; People's Natural Gas $25.88; Ace Hardware $18.09;•Fire•& Safety, Inc. $3.00; S.M. Supply Co. $72.99; Firestone Stores $21.53; International City Managers Assn. $3.00; General Trading Co. $29.71; Dison's Cleaners & Launderers $81.87; Norman Weist $88.50; Ed's Mobil Service $5.00; American Insurance -Assn. $9.56; The Kruse Co. $53.38; Model Lawlers $45.5 1;.Donald P. Buske $88.50; Gopher Welding Supply $21.10;.Culligan Water Conditioning $140 25; and Model Lawlers $1.69. From the Police Protection Fund: Quality Printers & Stationers $6.95; Harvey E. Golden $20.00; Donald S. Silverberg $55.00; Monte's $56.18; Kermit T. Bergan $12.30; Cranston Typewriters $7.50; Key Laboratories•$25.24; Alexander Auto Electric $12.00; Olson Graphic -Supplies $9.45; Red Carpet -Car Wash $28.50; Ed's Mobil Service $27.62; Lyle Bateman $32.00; Montgomery Ward-$10.00; Kingrey's Men's Shop $15.95; Milbern Clothing Co. $43.25; Streitmatter's $112.44; 0 & B Shoe Store $25.90; Clark Tuttle $18.25; Pulver Motor Service $19.50; Home Gas Co. $1.06; Electronic Engineering Services $90.00; Eugene Roewkamp $50.00; Struve Paint Shop $16.69;ARkay Corp. $5.98; Weber & Judd $3.76;•Harvey E. Golden $35.00; Henry Geerdes $52.50;•Leo N. Herrick, Jr. $17.30; Reeve's Drug Store $.59; Ace Hardware $1.39; Century Camera -Inc. $8.33; Standard -Oil Co. $9.36; Broadway North Star $3.30; Dayton's $104.55; Harvey E. Golden $70.00; Cochran & Gillespie $11.75; Briese Steel Co. $11.24; Rochester Ready -Mix Concrete Co. $46.50; Leslie &. Holtorf $21.251 and The•Kruse Co. $10.19. From the Sewer Fund: -Peoples Natural Gas $5.73;SM Supply Co. $18.62; Roberts Foods Inc. $16.40; Ace Hardware $8.80; Reeve's Drug Store $2.47; Foster:Electric $73.80;• Fadden Pump Co. $100..00; and John Eggenberger-$2.00. Fran the Auditorium Fund: Cal Smith, Mgr. $13.00. From the Music Fund: Marvin McCoy $25.00; Broude Bros. $16.45; Mayo Civic Aud. $84.65; Malcolm McDaniel $26.00; Jill Pettey $31.20; Harry Curtin $52.00; Joe Skogen $57.20; Thomas Tempel $12.00; and Mrs. B. L. Gaarnaas $120.00. From the Parking M eter Fund: The Rochester•Visitor $20.00. From the Permanent Improvement Revolving Fund: State of Minnesota Dept. of Highways $6.08. Upon motion by Wilson, second by Day and all present voting in favor thereof, the meeting was adjourned until 7:36dbc1,o&k: T- M. President DeVries called the meeting to order again at 7:30 o'clock P. M. and 1 • F� 0 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., September 7, 1965 isl 1 U 1 1 • the following members were present: President DeVries, Aldermen Day, Eichten, McCaleb, Perry, Wilson. Absent: Alderman Hanlon. following: President DeVries stated this as being the time and place set for a hearing on the Hearing on regarading and repaving the east=west alley in Block 14, Head & McMahon's Addition west of 5th Avenue S. W. including revising sidewalk grades on the west side of 5th Avenue S. W. between 2nd Street S. W. and 3rd Street S. W. and on the south side of 2nd Street S. W. between 5th Avenue S. W. and 6th Avenue S. W. There was no one present wishing to be heard. President DeVries declared the hearing officially closed. A motion was then made by Wilson, second by McCaleb, that the project be proceeded with; all present voted in favor thereof. Hearing on construction of watermain and storm sewer in Sierra Lane abutting Lots 9, 10 and 11, Block 2, Peck's Hills 2nd Sudbidision. There was no one present wishing to be heard. President DeVries declared the hearing officially closed. A motion was then made by Wilson, second by Eichten, that the project be proceeded with; all present voted in favor thereof, except Alderman McCaleb who abstained. Mr. Eugene Mach was present and urged that this project be completed as soon as possible. There was no one else wishing to ' be heard. President DeVries declared the hearing officially closed. A motion was then made by Wilson, second by Eichten, that the project be proceeded with; all present voted in favor thereof. Hearing on sanitary sewer extension from 24th Street N. E. to serve Lot 17 and others in Christensen & Sehl's Subdivision and water service line to part of Lot 17. There was no one present wishing to be heard. President DeVries declared the hearing officially closed. A motion was then made by Wilson, second by Perry, that the project be proceeded with; all present voted in favor thereof. Hearing on concrete sidewalk on the south side of 15th Avenue N. W. abutting Lots 1 and 3, Block 15, Elton Hills 3rd Subdivision. There was no one present wishing to be heard. President DeVries declared the hearing officially closed. A motion was then made by Wilson, second by Perry, that the project be proceeded with; all present voted in favor thereof. Hearing on change of zoning on part of Lot 1 and all of Lots 15 and 16, Block 6, Sunrise Estates from the R-1 District to the B-lb District and on Lots 10-14, Block 6, Sunrise Estates and Lots 6-9, Block 1, Sunrise Estates from the R-1 District to the R-4 District. There was no one present wishing to be heard. President DeVries declared the hearing officially closed. The recommendation of the Planning & Zoning Commission that these changes be approved was again read. Upon motion by Wilson; second by McCaleb, and all present voting in favor thereof, except Alderman Eichten who abstained, the recommendation was approved and the City Attorney was instructed to prepare an ordinance making the requested zone change. 0 iS 2 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., September 7, 1965 11 Hearing on approval of the final plat of Northgate 6th Addition. No plat had been filed so President DeVries declared the hearing closed. No action would be taken until a recommendation is recieved from the Planning & Zoning Commission. President DeVries stated this as being the time and place set for receiving and opening bids for the following projects: Bids for curb and gutter on 14th Street S. W. from 3rd Avenue to South Broadway. The bid of Doyle Conner Company in the amount of $6,411.50 was received and opened and upon motion by Wilson, second by Eichten, and all present voting in favor thereof, the bid was referred to the Public Works Committee and City Engineer for tabulation and recommendtion. Bids for extension of storm sewer in 3rd Avenue S. W. from 640 feet north of 14th Street S. W. to 14th Street S. W. and in 14th Street S. W. from 2nd Avenue S.W. to 4th Avenue S. W. The bids of Calrisle G. Fraser, Inc. in the amount of $16,571.20 and Littrup Nielson, Inc. in the amount of $16,914.90 were each received and opened and upon motion by Wilson, second byrfEichten, and all present voting in favor thereof, the bids were referred to the Public Works Committee and City Engineer for tabulation and recommendation. A letter signed by Mrs. Maxine Hess of 822 - 8th Avenue S. E. requesting that more consideration be given to the operation of the.bus lines in Rochester was read. Mrs. Hess was present and stated that with the curtailment of the bus service many people did not have transportation after work; she said she worked at the Clinic and had to work until 6:00 P. M. and the last bus to Southeast Rochester left at 6:00 P. M. which made it impossible for her to catch. Miss Nellie Lindblad of 603 First S. W. was also present; she also protested the curtailment of buses and inquired why the City of Rochester did not operate the bus line. R. V. Ehrick, City Attorney, stated that there was.no authority in Minnesota for Cities to operate bus lines and the Legislature has not seen fit to give the municiplaities power to operate a bus line or spend funds for a bus service. No action was taken. Mrs. Hess was to meet with the Public Safety Committee and further discuss this matter. Dr. Richard Rossi, a member of the Board of Public Health & Welfare, was present and outlined a program for remodeling and new equipment for the Health Center Building; he stated that the building was badly in need of repairs and that they had Ellerbe & Company give an estimate of what it would cost; he presented figures of $10,000.00 for repairs to roof, parapet, tuck pointing brick -work, refasten slate panels, caulk windows, repair plaster and paint and $9,350.00 for changes and equipment within the building. A motion was made by Perry, second by Wilson, that the be referred to the Finance Committee, the said committee to meet with members of the Board for further information and report back at the next meeting; all present voted in favor thereof. The recommendation of the Public Works Committee that the bid of Doyle Conner Co. for construction of curb and gutter on 14th St. S. W. from 3rd Avenue S. W. to South Broadway be accepted at the unit prices bid was read and upon motion by Wilson, second 1 0 [1 I • L' by Eichten, and all present voting in favor thereof, the recommendation was approved. The recommendation of the Public Works Committee that the bid of Carlisle G. 11 0 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., September 7, 1965 1ST Fraser, Inc. for extension of ,storm sewer in 3rd Ave. S. W. from 640 feet North of 14th St. S. W. to 14th St. S. W. and in 14th St. S.W. from 2nd to 4th Ave. S. W. be accepted at the unit prices bid and checks be returned to the unsuccessful bidders was read and upon motion by Wilson, second by McCaleb, and all present voting in favor thereof, the��recommendation was approved. A resolution accepting the bid of Carlisle G. Fraser, Inc. for extension of storm sewer in 3rd Avenue S. W. from 640 feet north of 14th Street S. W. to 14th St. S. W. and in 14th Street S. W. from 2nd Avenue S. W. to 4th Avenue S. W. was read and upon motion by Wilson, second by McCaleb, and all present voting in favor thereof, resolution adopted. A resolution accepting the bid of Doyle Conner Company for construction of a curb and gutter on 14th Street S. W. from 3rd Avenue S. W. to South Broadway was read and upon motion by Perry, second by Eichten, and all present voting in favor thereof, the resolutidnti n was adopted. A resolution authorizing and directing the Mayor and City Clerk to execute on behalf of the City of Rochester the agreement with The KruseCompany and Rochester Sand and Gravel Inc. relative to the construction of certain local improvements in Folwell Heights Third Addition, was read. Upon motion by Wilson, second by McCaleb, and all present voting in favor thereof, the resolution was adopted. The following resolution was read and upon motion by Wilson, second by Perry, and all present voting in favor thereof, except Alderman Eichten who noted "no", President DeVries declared the resolution duly passed and adopted: BEIT RESOLVED by the Common Council of the City of Rochester that the FirstEvangelical United Brethren Church is hereby authorized to construct a driveway entrnance to their property which abuts Trunk Highway No. 63 upon the following conditions: (1) The driveway shall be centered upon a line which is perpendicular to the westerly right-of-way line of Trunk Higway No. 63 and which is 667 feet South of the ,south right-of-way line of 27th Street Northeast measured along the westerly right-of-way line of Trunk Highway No. 63. (2) The physical dimensions and location of the driveway shall conform to the requirements of the Ordinances of the City of Rochester. (3) Approval and permission to construct this driveway shall also be obtained from the Minnesota Highway Department. (4) The city's granting of permission to construct this driveway shall not be construed as a waiver or abandonment of the limited access • provisions set forth on the plat of Sehl's Second Subdivision and should future circumstances warrant or require, the driveway may be closed." Upon motion by Day, second by Wilson, and all present voting in favor thereof, the matter of checking the school crossing at llth Avenue and 16th Avenue Northwest was referred to the Public Safety Committee. A resolution reapportioning the unpaid assessments on the West 111 feet of Lot 1, Block 12, Golden Hill Addition, as follows was read and upon motion by Wilson, second by McCaleb, and all present voting in favor thereof, President DeVries declared the said resolution duly passed and adopted: (1) To the West 60 feet of the West 111 feet of Lot One (1) Block Twelve (12) Golden Hill Addition -- Sanitary sewer ) $850.3 7 Water main ) (2)'To the East 51 feet of the West.11l feet of Lot One (1) Block Twelve (12) Golden Hill Addition -- Sanitary sewer ) ) $722.18 • Water main ) i8 4 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., September 7; 1965 A resolution amending the resolution establishing parking, truck loading, passenger loading and parking meter regulations and provisions, primary streets and one- way streets and alleys as follows, was read and upon motion by McCaleb, second by Perry, and all present voting in favor thereof, President DeVries declared the said resolution duly passed and adopted: 1) Section B, No Parking Zones, Streets, is hereby amended by adding thereto Paragraph (27.5) to read in its entirety as follows: (27.5) First Street Southwest on the south side of the street 50 feet more or less both east and west of 13th 'Avenue Southwest at all times. 2) Section H, Limited Parking Zones, Zone E (2 hour parking) is hereby amended by adding thereto paragraph (5) to read in its entirety as follows: :(5) Second Avenue Northwest on the east side of the street from Fifth Street Northwest to Sixth Street Northwest and on the west side of the street from Fifth Street Northwest to a point 250 feet more or less north of Fifth Street Northwest. An.Ordinance amending an Ordinance entitled, "An Ordinance for the purpose of promotinh health, safety, order, convenience and general welfare by regulting the use of land, the location; size, use and height of buildings, and the arrangement of buildings on lots, and the density of population within the City of Rochester, Minnesota, all in accordance with a comprehensive plan (changing Lots 1 and 2, and Outlot 2, Henke's Replat of Block 29, Northern Addition to B-lb District - Neighborhood Business District) was given its third and final reading. A motion was then made by Perry, second by McCaleb, that the said ordinance be adopted as read, and all present voting in favor thereof, President DeVries declared the said ordinance duly passed and adopted. An Ordinance amending the Zoning Ordinance by changing that part of Lots 5, 6 and 7, Block 35, Morse & Sargeant's Addition to East Rochester which lies north of the centerline of Bear Creek to B-3 General Business District, was given its second reading. An Ordinance amending the Zoning Ordinance by changing part of Lot 8, Replat of Outlot A and Block 4, Sehl's 2nd Subdivision to R-1 One Family Residence District, was given its second reading. A motion was then made by Perry, second by Eichten, to amend Section 7 of an Ordinance adopting a Fire Prevention Code prescribing regulations governing conditions hazardous to life and property from fire or explosion, and establishing a Bureau of Fire Prevention and providing officers therefor and defining their powers and duties, by adding thereto immediately following the paragraph which reads "Article 13, Fireworks is hereby cbleted in its entirety", the following paragraph Section 14.4 Sprinklers Required in Basements, is hereby amended by addting thereto Subsection c to read in its entirety as follows: c. With respect to existing structures the provisions of this section requiring the installation of approved automatic sprinkler sytems shall not become effective until September 1, 1968; and all present voting in favor thereof, President DeVries declared the amendment approved. A motion was then made by Perry, second by Wilson, that the Ordinance adopting a Fire Prevention Code, as amended, be adopted as read and all present voting in favor thereof, President DeVries declared the said ordinance duly passed and adopted. 1 11 I • is Record of Official Proceedings of the Common Council of the City of Rochester, Minn., September 7, 1965 is 1 1 1 0 1 An Ordinance annexing to the City of Rochester, Minnesota, certain unplatted land in the South one-half of Section Twenty-five Township One Hundred Seven North, Range Fourteen West, Olmsted County, Minnesota which is completely surrounded by land within the municipal limits of the City of Rochester, Minnesota (Pruett, Martin, Payne, Gambill, Thye) was again presented. Dr. Richard Thye was present and opposed the annexation of his land stating that there were no public utilities available and asked that annexation be held o6f until utilities were available. Dr. Gambill was present and stated that he owned about 11 acres of this land in question and he had checked with the City Assessor's office and found that his taxes would be increased two to three times if he were annexed, he siad he did not feel he should pay these high taxes when utilities were not avaialbe. Dr. G. M. Martin was also present and stated that he too was concerned about the high taxes if his land was annexed. A motion was then made by Eichten, second by Wilson, to amend Section 1 of this ordinance, by deleting subparagraphs (a) and (b) under the heading of all those parts of the West One-half (W'k) of the Southeast Quarter (SE'k) of Section 25, Township 107 North, Range 14 West (Gambill and Thye property) and upon roll call, Day, Eichten, McCaleb and Wilson voting "aye" and DeVries and Perry voting "no", the motion was carried. A motion was then made by Eichten, second by Day, that the ordinance, asanended, be adopted as read and all present voting in favor thereof, except Alderman McCaleb who abstained, President DeVries declared the ordinance duly passed and adopted. The matter of annexing land on the southwest fringe of Rochester was discussed; the law now provides that the City can annex property if it is more than 75% surrounded by the City and these parcels, located east of U. S. 14-52 Beltline are about 89% surrounded;there are about 20-30 individual properties in this area and they are all residences except one commercial business, the Pulver Motors; under the State Law the final decision on the annexation is up to the State Municipal Commission; so the procedure for the City would be to file a notice of intent with the affected township and they then have 60 days to object; R. V. Ehrick, City Attorney, was instructed to prepare the necessary papers to start this annexation. R. V. Ehrick, City Attorney, reported on the matter of realigning Rochester's six ward boundaries; he stated that in light of recent decisions handed down by federaldna state courts the current charter provision concerning ward boundaries is invalid; he said according to the present Charter that ward boundaries can only be changed following a vote of the poeple but such a vote is not necessary now since courts have maintained that the constitutional right of an "equal vote" is guarante$d and not subject to referendum; he suggested that a new charter provision be drafted omitting this section of the Charter and giving the authority to the Council to set ward boundares and include a provision that if the Council failed to realign itself after each census a special Ward Boundary Commission would have authority to do it, he sugg sted that the commission could include the Mayor, Alderman at large and city clerk. A motion was made by Perry, second by McCaleb, that the City Attorney be instructed to draft a formal resolution including his suggestions; all present voted in 0 I I Record of Official Proceedings of m the Comon Council of the City of. Rochester, Minn., September 7, 1965 • t CC•55555 f avor thereof . Upon request of R. V. Ehrick, City Attorney,.a motion was made by Wilson, second Iby Day, that the flowage easement along the Zumbro River at Center Street Bridge and involving the new office building, a title defect has shown up and we have the.right to overflow some land at the corner of the building, it a sight we acquired in 1925 and it may be completely obsolete but it should be checked by the Public Works Committee; all present voted in favor thereof. Friday, September 17, 1965, at 8:15 A. M. was set for the time for the Parking land Traffic Committee, the Planning & Zoning Commission, the Mayor, Common Council, City Engineer, Planning Directors and any others wishing to attend, to board a bus at the Fire Station No. 1 to make a tour of the streets in the City of Rochester. Upon motion by Wilson, second by Perry, and all present voting in favor thereof, Ithe meeting was adjourned until 7:30 P. M. on September 20, 1965. CV-4 1 iC erk 1 0 1 1 0 1 0