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HomeMy WebLinkAbout11-01-1965234 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., November 1, 1965 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 November 1, 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, Hanlon, Wilson. Absent: Aldermen Perry and McCaleb. (Alderman McCaleb arrived at 2:50 P. M.) Upon motion by Wilson, second by Eichten, and all present voting in favor thereof, the minutes of the meeting of October 18, 1965 were approved. President DeVries stated this as being the time and place set for receiving and opening bids for the following projects: Bids for furnishing five patrol cars for the Rochester Police Department. The bids of Adamson Motors, Inc. in the amount of $7,988.50; Clements Chevrolet Company in the amount of $8,460.00; and Universal Ford Sales, Inc. in the amount of $8,166.25 were each received and opened and upon motion by Wilson, second by Day, and all present voting in favor thereof, the bids were referred to the Public Safety Committee and the Chief of Police for tabulation and recce mlendation. Bids for General Renovation Work at the Rochester Public Health Center. The bids of Coats -Jones Company in the amount of $6,437.00 and Paul Schwanke, Inc. in the amount of $11,125.00 were each received and opened and upon motion by Wilson, second by Hanlon, and all present voting in favor thereof,.the bids were referred to the Pul.blic Health & Welfare Board and Ellerbe & Company, Architects for tabulation and recommendation. The Mayor's appointment of Mrs. Howard Burchell of 706 Fourth Street S. W. as a member of the Music Board, representing the Third Ward of the City, was read and upon motion by Wilson, second by Hanlon, and all present voting in favor thereof, the appointment was confirmed. A letter from the Mayor's Parking and Traffic Committee stating that a long- range street improvement program had been proposed by them; a trip around the City to view the possible sites of improvement was made by members of their Committee, the Common Council, the Olmsted County Board of Commissioners and the Planning and Zoning Board; upon review of the proposal it was recommended that the financing of such a street improvement program be undertaken by some means other than a bond issue if possible; it was their recommendation that the Council consider a financing program silimlar to the Bridge Fund using the revenue from the parking meters as a base for such a fund with annual amounts to be set aside for retirmeent of the costs of such a long-range program; it was the hope bf this committee that the Council would discuss this program in their budget discussions but they find they are too late for that but still wish to present this program as a proposal worthy of consideration, was read. Upon motion by Wilson, second by Eichten, and all present voting in favor thereof, the letter was referred to the Public Works Committee and the Finance Committee. A letter from the State of Minnesota, Department of Business Development, G 1 • 1 1 • 1 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., November 1; 1965 235 1 1 C • 1 notifying of the Ninth Annual Industrial Development Clinic to be held on November 5th and 4th, 1965 at the Leamington Hotel, in Minneapolis, was read. Upon motion by Day, second by Wilson,'and all present voting in favor thereof, authorization was given to members of the Council and Department Heads to attend if they so desired. A letter from the Frank B. Kellogg Junior High --School regarding the safety of students and pedestrians who must cross either 14th Street or Broadway, was read and upon motion by Wilson, second by Day, and all present voting in favor thereof, the letter was referred to the Public Safety Committee. A petition with 76 signatures requesting installation and construction of sidewalk or walkway for pedestrians use from the area known as Northern Heights to the general vicinity of Jefferson Elementary School was read and upon motion by Eichten, second by Day, and all present voting in favor thereof, the petition was referred to the Public Works Committee. A letter from G. F. Appleby Properties offering for sale the properties at 207 East Center Street and 211 East Center Street for $48,000.00 was read and upon motion by Day, second by Wilson, and all present voting in favor thereof, the letter was referred to the Finance Committee. A notice of claim for property damage to his vehicle of Melvin J. Harrington of Stewartville, Minnesota was read and upon motion by Wilson, second by Day, and all present voting in favor thereof, the claim was referred to the City Attorney. A petition signed by Alex P. Smekta and Joseph J. Smekta to have Lot 11, Block 1; Lots 12 and 13, Block 1 less piece to Powers; Lot 14 less East 100 feet; Lot 14, Block 1; East 100 feet of Lot 14, Block 1; and Lot 15, Block 1, Knollwood Acres annexed to the City of Rochester was read and upon motion by Day, second by Wilson, and all present voting in favor thereof, the petition was referred to the Planning & Zoning Commission. An application for a variance signed by Evar W. Silvernaglet (within the past 3 months he has been negotiating to build a 4-plex in which he wishes to live to be placed on Lot 4, Block 6, Head & McMahon's Addition, which is listed as 414 - 7th Street S. W.; preliminary investigation of lot size and set backs indicated that the size of the proposed building would fit the lot; within the last 2 weeks it has been brought to his attention that a new clause, as stated by Section 52.021 of the Yard and Frontage Modifications would require a larger lot) was read and upon motion by Wilson, second by Eichten, and all present voting in favor thereof, the application was referred to the Planning & Zoning Commission. Letters from the State Department of Taxation ratifying of a hearing on the application for reduction of assessed valuation on properties in Crossroad Center (Lutheran Brotherhood from $137,208 to $102,204 and Crossroads Center, Inc. from $226,112 to $165,127.0) said hearing to be -held on Wednesday, November 3, 1965, was read. These letters were referre to the City Assessor and the City Attorney. A letter signed by James V. Moon, Superintendent of the Rochester Public Schools, stating that they had received the letter concerning the opening of the parking lot 0 8t John Marshall to 12th Street N. W., the Board of Education wishes to express its appreciation for the cooperation from the City Council and the Public Safety Committee and 236 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., November 1, 1965 • CC-56665 shall pursue the recommendations made by the Public Safety Committee; while these recommen- dations do not comply entirely with the original request of the Board, they do wish to do what is best for the Rochester community; was read and President DeVries ordered the same placed on file. Alderman McCaleb arrived at 2:50 P. M. The following letter from Peoples Natural Gas Company was read: "Mr. Alex Smekta Mayor of Rochester City Hall #200 Rochester, Minnesota Dear Sir: • Over a period of several years we have experienced a considerable amount of difficulty with the furnace in the home of Mr. Thomas (Ozzie) St. George, 520 Ninth Avenue S. W. This house is located in a canyon, with surrounding houses and trees on the North, West and Southwest sides towering 50 to 60 feet above the roof of this house. These surrounding buildings and trees at times create pressure areas in the canyon, preventing the furnace from venting rproperly by a natural draft and causing the furnace burner flame and pilot to smother and go out. Some type of forced venting will be necessary to make this furnace operate properly and stop it from going out, either a power burner in the furnace or a forced draft inducer in the furnace vent. I have consulted Mr. William Burrows, City Heating Inspector, on this problem and he is in agreement that the solution would be a forced draft inducer. mr. & Mrs. St. George have been advised on several occasions that corrective action should be taken to insure proper operating of their furnace, but as yet have not seen fit to have any of the recommended work done. Sincerely, /s Joe Guzinski Distribution Superintendent" The matter of whether or not the Gas Company was giving 24 hour service was also discussed. Upon motion by Wilson, second by Day, and all present voting in favor thereof, the letter and matter of services of the Gas Company was referred to the Public Safety Committee. (Mr. Wm. Burrows, Heating Inspector was requested to write to Mr. St. George and apprise him of this letter). Mayor Smekta read the following letter which was read: "Honorable Mayor Alex P. Smekta City of Rochester Rochester, Minnesota Dear Mayor Smekta: • This will acknowledge your letter of September 28, 1965 concerning the transfer of title to certain lands of the State Hospital to the City of Rochester pursuant to Laws 1965, Chapter 246. As you know the value of the tract known as the 'Old quarry" area" would by our appraisal bring premium prices as a residential sub- division. However, we are prepared to deed the property to the City of Rochester for park purposes with the condition that the area revert to the State of Minnesota should the City of Rochester discontinue the use of the land for park purposes. On this basis, we are prepared to accept $100 per acre for the approximate 211 acre tract or a total of $21,100. If this is agreeable to the City, please advise and I shall request the Attorney General to prepare the necessary instrument. Yours sincerely, / Stephen T. Quigley Commissioner of Administration" A motion was then made by Eichten, second by Hanlon, and all present voting in favor thereof, that the City Attorney be instructed to prepare the necessary papers to accept this offer. Record of Official Proceedings of the Common Council of the City of Rochester, Minn., November 1, 1965 237 1 • 1 E 1 0 Upon motion by Wilson, second by Day, and all present voting in favor there of a short recess was declared at 3:00 P. M. The meeting was called together again at 1:30 P. M. with all members being present, except Alderman Perry. The recommendation of the Planning & Zoning Commission stating that they had raviewed, tit` ostit reviewed the petition to annex to the City of Rochester the property lying between U.S. 63 South and the C. & G. W. R. R. from 12th Street S. E. to the north line of the Rundell Lumber Company and find that this property is contiguous to the City of Rochester and that the Rochester Town Board has voted to not object to this annexation and thereofore they recommend that this property be annexed to the City, was read. Upon motion by Day, second by Eichten, and all present voting in favor thereof, the recommendation was approved and the City Attorney was instructed to prepare an ordinance annexing the said land. was read: The following recommendation submitted by the Planning & Zoning Commission "Honorable Mayor and Common Council City of Rochester, Minnesota Re: Proposed Revisions To the Text of the Zoning Ordinance Pertaining to the R-S District Gentlemen: The City Planning and Zoning.Commission at a regular meeting held on October 27, 1965 reviewed the proposal to divide the existing R-S District in the Zoning Ordinance into two districts by creating an R-Sa District and R-Sb District. The land uses permitted in these two districts would be the same but the minimum lot frontage and lot area would be different. The R-Sa District would still have a minimum lot frontage of 100 ft. and a minimum lot area of 20,000 sq. ft. while the R=Sb District would have a minimum lot frontage of 80 ft. and a minimum lot area of 12,000 sq. ft. a minimum front yard of 25 ft., a minimum side of 10 ft. with a sum of the least width of the side ywards equal to 24 ft. and a minimum rear yard of 40 ft. After a lengthy consideration of this proposal and the somewhat adverse effect it would have upon the existing R-S District in the City, we recommend that the standards of the R-S District remain as they currently exist in the Zoning Ordinance. Respectfully submitted, CITY PLANNING AND ZONING Commission /s John F. Brengman, Uresident" A motion was then made by Day, second by McCaleb, that the recommendation be denied and that the R-S District be abolished from the ordinance. A motion was.then made by Eichten, second by Hanlon, that this be tabled for 30 days and returned to the Planning & Zoning Commission with instructions to come back with a recommendation. The recommendation of the Planning & Zoning Commission stating that they hae rsvie[ved tile-' petition to ch.,cn,-'e t:ic reviewed the petition to change the zoning on property bounded by 3rd Avenue N. E. and U. S. 63 from 31st Street N. E. to the north line of Sehl's 2nd Subdivision from the R-1 District to the R=3 District and find that this property_ is adjacent to a major highway which will provide good vehicular access to this area and it can be served with sewer and water service by the extension of these facilities from.the south, the land use plan proposes general res- idential use for this area; they recommend that this zone change be granted and further recommend that no vehicular access be prmitted from this property onto U. S. 63 from.the south line of 31st St. N. E. to the north line of Shel's 2nd Subdivision, was read. Upon motion by Day, second by Eichten, and all present voting in favor thereof, the recommendation was approved and a hearing was set for 7:30 P. M. on December 6, 1965. 238, Record of Official Proceedings of the Common Council of the City of Rochester, Minn., November 1, 1965 The recommendation of the Planning and Zoning Commission stating that they had reviewed the problem that has arisen in the last few months of structures being constructed over public utility easements, over street rights -of -way, into water rights easements, and into public street rights -of -way; recently, this problem has been occuring with rather frequent regularity; we fell that in order to protect the rights of the public for the future use of these easements and streets that it would be helpful if a•meeting could be called by the Council to discuss this subject in an effort to prevent this kind of a problem from occuring in the future; they, therefore, recommend that the Common Council arrange a meeting between the City Planning and Zoning Commission, City Building Inspector, City Engineer, City Attorney and City Planning Director to discuss and remedy this problem, was read. President DeVries ordered the recommendation placed on file. A meeting was set for 8:00 o'clock P.M. on November 10, 1965. - The recommendation of the Planning and Zoning Commission stating that they had reviewed the petition to vacate the above described street right-of-way and find that there will remain sufficient street right-of-way to enable the present roadway to continue to carry existing traffic volumes, and therefore, recommend that the above described portion four inches of of/5th Avenue S. W. which adjoins the east line of Lots 8, 9, and 10, Block 14, Head and McMahon's Addition, was read. Upon motion by McCaleb, second by'[ Day, and all voting in favor thereof, the recommendation was approved. The recommendation of the Planning and Zoning Commission stating that they had reviewed the final plat of Resubdivision of West Part of Block 1, Silver Acres Subdivision and find that this plat complies with the provisions of the subdivision Ordinance No. 1010; since the purpose of this resubdivision was simply to re-establish new utility easements, they recommend that the preliminary plat procedures of Ordinance No. 1010 be waived in this case and consideration be given to the final plat; they recommend that this final plat be granted approval, was read. Upon motion byh McCaleb, second by Eichten, and all present voting in favor thereof, the recommendation was approved and a hearing was set for 7:30 P. M. on November 15, 1965. The recommendation of the Planning and Zoning Commission stating that they had • reviewed the petition to vacate the utility easements in the west part of Block 1, Silver Acres Subdivision and find that the owner's revised Community Development Project plan is laid out in such a manner as to necessitate readjusting the utility easements as they were originally established; a resubdivision plan for this area has been filed with the City for approval, which establishes new utility easements in accord with the building locations of the new Community Development Project; they therefore, recommend that the existing utility easements in the west part of Block 1, Silver Acres Subdivision be vacated and re-established on a resubdivision plat of this property, was read. Upon motion by Eichten, second by Hanlon, and all voting in favor thereof, recommendation approved. The recommendation of the Planning and Zoning Commission stating that they had reviewed the proposed Community Development Project to be constructed on Block 1, Resubdivision i Record of Official Proceedings of the Common Council 239 of the City of Rochester, Minn., November 1, 1965 ,1 40 1 1 • 1 and find that this plan is in keeping with the standards established for Community Development Projects in the Zoning Ordinance and it also complies, in principals, with the previously approved General Development Plan for this area; and therefore, recommend that this plan be granted approval, was read. Upon motion by McCaleb, second by Eichten, and all present voting in favor thereof, the recommendation was approved and a hearing was set for 7:30 o'clock P. M: on November 15, 1965. The recommendation of the Public Safety Committee stating that they had referred the intersection of 19th Avenue and 19th Street N. W. to Mr. E. C. Bather, Jr. Consulting Traffic Engineer for investigation and report, was read'and upon motion by Wilson, second by Day, and all present voting in favor thereof, the recommendation was approved. The recommendation of the Public Safety Committee'that parking be prohibited at all times on the north side of 3rd Street S. W. between 7th and 8th Avenues and that the City Attorney be instructed to'draw the necessaryh resolution to make this change effective, was read and upon motion by Eichten, second by McCaleb, and all present voting in favor thereof, the recommendation was approved. The recommendation of the Public Safety Committee that the request of Alderman McCaleb that the traffic signals at loth Street and llth Avenue N. E. be placed on flashing red for east -west traffic and flashing yellow for north -south traffic while school is not in session, the committee believes that this signal should be operated on a 24 hour basis to derive the greatest benefit from it, was read and upon motion by Hanlon, second by Eichten, and all voting in favor thereof, the recommendation was approved. Upon motion by Wilson, second by Hanlon, and all present voting in favor thereof, the meeting was adjourned until 7:30 o'clock P. M. President DeVries called the meeting to order at 7:30 o'clock P. M., the followi members being present: President DeVries, Aldermen Day, Eichten, Hanlon, McCaleb, Perry, Wilson. Absent: None. President DeVries stated this as being the time and place set for hearings on thel following projects: Hearing on petition for vacation of utility easements in Silver Acres Subdivision! There was no one present wishing to be heard. President DeVries declared the hearing officially closed. A motion was then made by Eichten, second by Wilson, and all voting in favor thereof, that the City Attorney be instructed to prepare a resolution vacating the said utility easements. Hearing on approval of the final plat of Frist Evangelical United Brethern Churchl Resubdivision of Part of Outlot A and Block 4, Sehl's 2nd Subdivision. dr. Sidney Chase was present and urged that the plat be approved. There was no one else present wishing to be heard. President DeVries declared the hearing officially closed. A motion was then made by Day, second by Wilson, that the City Attorney be instructed to prepare a resolution approving the said plat; all voted in favor thereof. 41 240 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., November 1, 1965 s �C•E889 Hearing on the final plat of Northgate 6th Addition. Mr. Franklin Michaels, representing the petitioner was present and urged that the plat be approved so they could start work this fall. The following recommendation of the Public Works Committee, signed only by Chairman McCaleb, was read: "Honorable Mayor & Common Council City of Rochester, Minnesota Re: 20th St. N.W. (Proposed St.) Northgate 6th Addition Gentlemen: On October 27, Mr. McCaleb and Mr. Perry of the Public Works Committee met with several of the property owners on the north side of 19th St. N.W. between 20th Ave. and the west line of section 27, regarding the matter of the platting of 20th St. along the aouth line of Northgate 6th Addition and the north line of their properties. Their principal concern is that their properties (all but one of which are now ooutside the City limits) not be annexed until sewer and water services are available to them, and not be assessed until the services are used. They do insist however that if they dedicate the north 33 feet of their properties for the south half of the street, the street be constructed and sewer and water mains be installed in the near future. All of the owners present (representing all but 3 Of the 12 parcels) were agreeable to dedicating the 33 feet for street, if the City would do the following: 1. Construct the street, sewer, and water to serve the entire length of the north side of the 12 properties involved. 2. Defer any assessments until the properties are connected to the sewer and water. This will require that the City make provision for extending the sewer from the west end of these properties for a short distance west into the Till farm then south to 19th Street, and continue south to the present end of the sewer at 18k St. & 25 Ave. N. W. It will also require that the City make provisions for paying the cost of the street construction, because it cannot be put on a deferred assessment basis. It is also likely that the City will have to negotiate to acquire the 33' width on the north side of the Ritter parcel for 20th St., as well as the last 33 feet of the same propertyffor 20th Ave. N.W. We, the undersigned, recommend that if the property owners dedicate 33' for the south kZ of 20th St., the Council approve the above program to install this street, sewer, and water and defer assessments for sewer and water against the frontages on the south side of the proposed 20th St. until such time as they are annexed to the City and connected to the mains." Mr. Charles Hutchinson, one of the petitioners, was present and stated that Hutchinson - Sauer would be willing to pay for the surfacing and rough grading and construction the whole distance if the City takes the right -of --way necessary to annex Northgate 6th Addition. After further discussion a motion was made by Day, second by Hanlon, that the final plat of Northgate 6th Addition be approved, that the owners, Hutchinson -Sauer build the entire length of 20th Street from 20th Avenue N. W. to the Till farm at their own expense, and the City Clerk be instructed to prepare the necessary resolution approving the said plat; all voted in favor thereof. A letter from the Board of Public Health & Welfare recommending acceptance of the low bid for the exterior renovation of the Public Health Center Building as made by Coats -Jones Company, in the amount of $6,437.00, was read and upon motion by Hanlon, second by Day; and all voting in favor thereof, the recommendation was approved. Mr. Dick Rossi, a member of the Board of Pulblic Health & Welfare, was present and urged that the Council approve this recommendation as this work was veryh urgent. 1 1 • 1 0 Record of Official Proceedings of -the' Common Council of the City of Rochester, Minn., November 1, 1965 241 1 J 1 1 • 1 r The following claims were each read, and upon motion by Wilson,. second by Perry, and all present voting in favor thereof, the same were approved and the Mayor and City Clerk were authorized and directed to issue warrants upon the City and make.payments accordingly; From the General Fund: Elfreda Reiter $42.00; R. L. Polk & Co. $132.00; Whiting Printers and -Stationers $19.79; Custom. Printers $18.70; Custom Printers $6.30; Harry Evans, Register of Deeds $3.25;. Francis Pull $36.00;, Schmidt Printing $1.90; Mayor & Manager $5.00; The Johnson Co. $42.02; The Johnson Co. $4.48; Leonard Teigen $11.70; Wayne R. TerVeer $27.83; David Werneke $8.77; Alfred Nelsen $18.52; N.W. Bell Telephone Co. $22.94; Traufiaer Sales Co. $9.23; Warren P..Eustis $150.00; Sidney Anderson $48.00; Trautner Sales $11.09; Rogers $100.72; Osco Drug Co. $8.94; Whiting Printers & Stationers $83.55; Monte's $20.22; The Johnson Co. $6.50; Security Blank Book ,& Printing Co. $13.06; Municipal Planning Assn. $5.00; Phil C. Shealy $3.00; China Hall $50.61; Ace Hardware $4.43; F. W. Woolworth Co. $2.32; Arnold's Supply Co. $15.63; Sani-Trucking $40.00; H. Dornack & Sons, Inc. $120.55; H. & H. Electric Co. $78.33; Pearl H.,Anderson $5.00; Olmsted Medical Group $43.00; Fitting Agency, Inc. $83.00; Pendle Hansen Bagne,, Inc.,$82.00; Weber & Judd $5.95; Xerox Corporation $35.00; N.W. Bell Telephone Co. $55.27; Garnet Spring $37.05; William Frutiger $69.23; William L. Burrows $45.90; Walter B. Gordon $52.55; Everett Knuth $56.80; Charles H. Dornack $61.65; Whiting Printers & Stationers $5.20; Robert R. Blakely $108.,67;,Alfred N. Heyn $114.00; Glendenning Motorways, Inc. $5.23; National Live Trap Corporation $49.50; Silver Lake Hardware $6.48; Minnesota R.R. & Warehouse Comm. $33.00; Greater Rochester Surplus Store $29.70; City of Rochester P.U. $11.70;.Tractor Supply Co. $14.45; Murphy Motor Freight Lines $3.50; J: C. Penney Co. $11.70; Thomas Office Equipment $2.50; Whiting Printers & Stationers $90.00; Beckley's Inc. $38.75; Murphy Motor Freight Lines $3.50; Witte Transportation Co. $14.20; Albi:nson $1.38; Dieter Paper & Marine Supply $26.37; Roberts Foods Inc. $24.00; Hentges Glass Co. $.75; Model Lawlers $3.54; Rochester Maintenance Supply Co. $13.61; Postier & Eggers Co., Inc. $4.00; Trade Mart Stores $70.00; Mpls. Blue Printing Co. $23.29; The Kruse Co. $169.85; Clements Chevrolet Co. $87.59; National Bushing & Parts $78.09; Mobil Oil Co. $32.80; Clements Chevrolet Co. $28.34; Ace Hardware $7.90; Big Four Oil Co. $71.90;riK & M Auto Glass $17.29; Whiting Printers & Stationers $1.50; and Thomas Office Equipment $21.00. From the Street & Alley Fund: Clements Chevrolet Co. $2.15; National Bushing & Parts $52.68; Mobil Oil Co. $43.24; Clements Chevrolet Co. $10.40; Ace Hardware $3.28; Big Four Oil Co. $63.80; K & M Auto Glass $27.66; Fullerton Lumber Co. $17.00; General Trading Co. $128.40; Scharf Auto Supply Co. $169.57; Clements Chevrolet Co. $100.53; Don W. Fisher "66" Oil Co. $74.50; Truck Service Co. $5.08; Welborn Welding $39.15; Selby Truck Sales $6.18; Cities Service Oil Co. $160.60; SM Supply Co. $17.42; Standard Oil Div. of American Oil $17.60; National Welding Supply, Inc. $35.30; Witte Transportation Co..$7.00; Nutting & Garmers Upholstery $18.00; Wm. H. Ziegler Co. $117.93; Peoples Natural Gas Co. $63.77; Kermit T. Bergan Locksmith $2.25; and Elwin W. Williams $40.00; From the Fire Protection Fund: 0. N. Mertz $116.94; H. Dornack & Sons $18.05; 0 242, Record of Official Proceedings of the Common Council of the City of Rochester, Minn., November 1, 1965 H..Dornack & Sons $3.80; Ace Hardware $40.77; Electronic Engineering Service $135.70; R. L. Polk & Co. $66.00; Trautner Sales Co. $1.35; Springer Publishing Co. $5.00; and Body Guard Manufacturing Co. $97.50. From the Police Protection Fund: Dr. J. E. Trost, Sec. $1.26; Filmshops $17.28; Electronic Engineering Service $115.65; Standard Oil Co. $4.13; Whiting Printers & Stationers $25.90; R. L. Polk Co. $165.00; Black's Cafe $43.15;•Black's Cafe $34.75;°H. E. Golden $40.00; Harvey E. Golden, M.D. $20.00; H. R. Jones, Jr. M.D. $70.00; Cochran & Gillespie Sporting Goods $3.00; C. P. Dry Cleaners $7.75; Ace Hardware $94-; National Bushing $42.72; Greater Rochester Surplus Store $14.88; 0 & B Shoe Store $40.90; Meyer Lavity Co. $44.05; Milbern Clothing Co. $17.50; Mi,lbern Clothing Co. $26.50; Powell & SullivanClothing Store $63.30; Drestwell Dry Cleaners $46.30; Harold's Auto Electric,$63.28; Leon-M. Herrick & Sons $6.00; ' Pulver Motor Service $12.00; Fire Safety Corporation $3.10; International Assn. of Chiefs of Police Membership Dues;$20.00; and Thomas Office Equipment $90.00. From the -Sewer Fund: Fadden Pump Company $100.00; Leitzen Concrete Co. $77.•80; Arrowhead Bearing Co. $6.92; Pacific Flush Tank Co.°$115.00; Pink Supply Co.`$85.68; Woodruff Co. $27.82; BIF $83.68; George T. Walker Co., Inc. $52.27; and Woodruff Co. $4.20. From the Music Fund: • Mrs. B. L. Garnaas $80.00; Harley Flathers $25.00; Rutzo.Rdsi- FenceaStudio $15.00; City of Rochester, Minn. $18.03;` From the -Parking Meter Fund: NationalmBushii5ga&epartssCo,:r$14 82;�3AcerHardware $.34; Rockwell Manufactoring Co. $129.48; State of Minn. Dept. of Highways $22.20; The Rochester Visitor $16.00; Universal Ford Sales $56.55; City of Rochester, Minnesota $1.82; Bergstedt Paint Co. $12.80; The Sherwin Williams Co. $ 13.32 and Fullerton Lumber Co.$26.14. From the Permanent Improvement Fund: Electronics Engineering Service $67.20; and G. F. Thorkelson $25.00. From the P.I.R. Fund: Phil M. Ryan $30.15; and Harry H. Evans, Register of Deeds $15.00. 1 - 'A motion was then made by Wilson, second by Perry, and all voting in favor thereof, that the following twenty-five resolutions appropriating City funds for various purposes be considered by the Common Council as a single group. A motion was then made by Perry, second by Wilson, that the following twenty-five resolution be adopted as read, and all voting in favor thereof, President DeVries declared the said resolutions' duly passed and adopted: 1. Resolution 'appropriating $1,513.40 'from the Permanent Improvement'Revolving Fund and ordering payment'made to Carlisle G. Fraser, Inc. 2. Resolution appropriating $503.73 from the Permanent Improvement Revolving Fund and ordering payment made to Carlisle G. Fraser, Inc. 3. Resolution appropriating $573.27 from the Permanent `Improvement Revolving Fund and ordering payment made to Doyle Conner Company. 4. Resolution appropriating $845:26'from the Permanent Improvement Revolving Fund and ordering payment made to Carlisle G. Fraser. • Record of Official Proceedings of the Common Council of the City of -Rochester, Minn.,- . November 1, 1965 2490 1 1] 1 0 5. Resolution appropriating $251.74 from the Permanent Improvement Revolving Fund and ordering payment made to Littrup Nielson, Inc.. 6. Resolution appropriating $5,449.78 from the Permanent Improvement Revolving Fund and ordering payment made to Doyle Conner Company. 7. Resolution appropriating $2,214.42 from the Permanent Improvement Revolving Fund and ordering payment made to Doyle Conner Co. 8. .Resolution appropriating $3,610.47 from the Permanent,Improvement Revolving Fund and ordering payment made to E. J. Vonch & E. J. Mahoney.. 9. Resolution appropriating $901.12 from the Permanent Improvement Revolving Fund and ordering payment made to Phil M. Ryan. 10. Resolution appropriating $954.59 from the Permanent Improvement Revolving Fund and ordering payment made to H. T. Earle, Sr. . .11. Resolution appropriating $4,130.29 from the Permanent Improvement Revolving Fund and ordering payment made to Rochester Sand & Gravel, Inc. 12. Resolution appropriating $1,622.85 from the Permanent Improvement Revolving Fund and ordering payment made to Carlisle G. Fraser, Inc. 13. Resolution appropriating $5,719.60 from the Permanent Improvement Revolving Fund and ordering payment made to Rochester Sand & Gravel, Inc. 14. Resolution appropriating $5,522.32 from the Permanent Improvement Revolving Fund and ordering payment made to Carlisle G. Fraser, Inc. 15. Resolution appropriating $4,200.00 from the Permanent Improvement Fund and ordering payment made to Midwest Planning & Research, Inc. 16. Resolution appropriating $261.54 from the Parking Meter Fund; $267.89 from the Street & Alley Fund; $381.40 from the Sewer Fund; and $2.56.42 from the Music Fund and ordering payment made to Wm. H. Ziegler Co., Inc. $267.89; Rex Chainbelt, Inc. $381.40; Mayes Civic Auditorium $256.42; and H & H Electric $261.54. 17. Resolution appropriating $125.46 from the Lighting Fund, $147.64 from the Auditorium Fund, $205.30 from the General Fund, $1,346.24 from the Street & Alley Fund, $1,328.21 from the Police Protection Fund, $90.15 from the Parking Meter Fund and ordering pay- ment made"to City of Rochester, P.U. $273.10; City of Rochester, Minnesota $2,764.60; World Travel Bureau $205.30. 18. Resolution appropriating $336.60 from the Police Protection Fund, $255.96 from the General Fund, $9,794.49 from the Lighting Fund, $2,197.35 from the Parking Meter Fund, and $297.50 from the Street & Alley Fund and ordering payment made to The Gopher Shooters' Supply Co. $336.60; City of Rochester Public Utilities $10,050.45; H & H Electric Co. $2,197.35; and $ochester Sand & Gravel Co. $297.50. 19. Resolution appropriating $4,409.44 from the General Fund and $3,033.82 from the Sewer Fund and ordering payment made to Peoples Co-op Power Assn. $2,013.33; Northwestern Refining.Co. $2,396.11; Carlisle G. Fraser, Inc. $1,475.36; Carlisle G. Fraser, Inc. $1,153.76; 0 244 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., November 1, 1965 • CC•55555 and Hayden Murphy Equipment Co. $404.70. 20. Resolution appropriating $2,035.79 from the Street & Alley Fund and $780.30 from the General Fund and ordering payment made to B. DeWitz Contractor $1,475.69;.Schmidt Print- ing Company $263.90; Hall Equipment Company $296.20; and Rochester Sand & Gravel $780.30. 21. Resolution appropriating $201.74 from the General Fund,.$631.05 from the Street & Alley Fund, $25.46 from the Fire Protection Fund, $202.35 from the Sewer Fund, and $200.00 and ordering payment made to B. J. Carney & Company $200.00; City of Rochester, Minn. $811.35; and Northwestern Bell Telephone Co. $249.25. 22. Resolution appropriating $3,=195.35 from the Parking Meter Fund and $261.38 from the General Fund and ordering payment made to H & H Electric Company $1,280.29, H & H Electric Company $1,300.06, Wm. H. Ziegler Co., Inc. $261.38, and Farwell, Ozmun, Kirk & Co. $615.00. 23. Resolution appropriating $984.18 from the Police Protection Fund and $228.95 from the Fire Protection Fund and ordering payment made to Universal Ford Sales $562.164 $422.02 from the Goodyear Service Stores, and $228.95 from the World Travel Bureau $228.95. 24. Resolution appropriating $3,225.84 from the General Fund and $4.,750.00 from the Permanent Improvement Fund and ordering payment made to L. M. Sather $4,750.00, Mobil Oil Company $2,866.84 and Alvin Grossbach $359.00. , 25. Resolution appropriating $580.74 from the Auditorium Fund and ordering payment made to First National Bank. The following resolutions were each introduced and read and upon motion made and seconded and all voting in favor thereof, President DeVries declared the said resolutions duly passed and adopted: • Resolution assessing assessing charges for removal of garbabe and filthy materials from certain lots as per Ordinance -No. 594. Upon motion by Perry, second by Wilson, resolution adopted. Resolution assessing charges for sidewalk patching on certain lots as per Ordinance No. 1133. Upon motion by Hanlon, second by Eichten, resolution adopted. Resolution assessing sewer charges. Upon motion by Hanlon; second by Eichten, resolution adopted. Resolution accepting plat to be known and designated as Northgate Sixth Addition. Upon motion by Wilson, second by Day, Resolution adopted. Resolution accepting plat to be known and designated as First United Brethern Church Re -Subdivision of Part of Outlot A & Block 4 Sehl's Second Subdivision. Upon motion by Perry, second by Wilson, resolution adopted. Resolution authorizing corrections be made to the plat of Sunrise View -Subdivis- ion. Upon motion by Eichten, second by Wilson, resolution adopted. Resolution approving plans and specifications and ordering bids for•the constxuc- tion of sanitary sewer and water main extension to serve First Christian Church Property in Allendale -Subdivision.- Upon motion by Wilson; second by McCaleb, resolution adopted. 1 • 1 • 0 Record of Official Proceedings of the Common Council 2 4 5 of the City ..of Rochester, Minn., November 1, 1965 1 • 1 1 0 1 Resolution declaring cost to be assessed and ordering preparation of proposed assessment for deferred assessment to Lots 29, 30, and 31, Block 1, College.View Addition (construction of sanitary sewer on 6th Street S.W. from a point 190'. west of 15th Avenue S.W. to a point 450' West; and in Block 2 Dresbach's Addition; 14th Avenue S.W.; 15th P&enue S.W.; 8th Street S.W.; and along T.H. 52). Upon motion by Wilson, second by.Perry, resolution adopted. Resolution declaring cost to be assessed and ordering preparation of proposed deferred assessment to Lots 29, 30,and 31, Block 1, College View Addition (construction of sanitary sewer in 14th Avenue S.W. from 9th Street S.W. south.to T.H. 52-14). Upon motion by Eichten, second by Perry, resolution adopted. Resolution declaring cost to be assessed and ordering preparation of proposed defer- red assessment for Lots 29, 30, and 31, Block 1, College View Addition (extension of water main in 14th Avenue S.W. from 9th Street S.W. to T.H. 52-14). Upon motion by Eichten, second by Perry, resolution adopted. Resolution accepting bid of Coates -Jones Company -general renovation work at the Rochester Health Center. Upon motion by Wilson, second by Day, resolution adopted. Resolution accepting bid of Adamson Motors, Inc. for furnishing five patrol cars for the Rochester Police Department. Upon motion by Wilson, second by Eichten, resolution adopted. Resolution assessing charges for sidewalk snow removal on certain lots as per Ordinance No. 1133. Upon motion by Eichten, second by Wilson, resolution adopted. The applications of Edna Nelson for "On Sale Non -Intoxicating Malt Beverages" and "Off Sale Non -Intoxicating Malt Beverages" at 622 1st Avenue Southwest, were each read, and upon motion by Day, second by Eichten, and all voting in favor thereof, the applicatiors were referred to the Public Safety Committee. The application of Lysne Construction Co. for a permit to move one quonset building was read, and upon motion by Eichten, second by Day, the permit was granted. The said building to be moved under the supervision of the building inspector and Chief of Police. (House to be moved from Methodist Hospital to 219 1st Street Northeast.) The applications of John Blee for Master Plumber and Hot Water & Steam Heating Contractor's licenses were each read, and upon motion by Wilson, second by Hanlon, licenses were granted. The application of Lysne Construction Co. for a permit to move a 1k story house from 1718 First Street Southwest to 107 20th Street Southeast was read, and upon motion by Eichten, second by Day, the permit was granted. The application of James E. Simon for a Journeyman Electrician's license was read, and upon motion by Hanlon, second by Day, the license was granted. The application of Blue and White Cab Co. for two taxi licenses was read, and upon motion by Perry, second by Wilson, licenses were granted. The license bond of John Blee in the amount of $1,000 each (2) were read, and upon motion by Hanlon, second by McCaleb, and all voting in favor thereof, the bonds were approved, 0 246 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., November 1, 1965 the surety thereon was approved, and the same was ordered placed on file. The contract bond of Kasson Sewer & Water, Inc., in the amount of $18,650. with Fidelity & Deposit Company of Maryland as surety was read and upon motion by Wilson, second by Hanlon, and all voting in favor thereof, the bond was referred to the Mayor for approval. The report of the Clerk of Municipal Court for the week ending October 22, 1965 showing total criminal fines and costs collected and vivil fees received $3,934.50 and total remitted to the City Treasurer $3,049.50 was read and President DeVries ordered the same placed on -file. _ 1 • Mr. Franklin Michaels, President of the Board of Education,,was present and stated that after taking a look at the action of the Common Council in setting their budget, the Board of Education had a special meeting and were now submitting a revised budget; on page II of their budget they originally had an itemf of $375,,000.00 for new buildings and additions under Capital Outlay Fund and they had now reduced this to $225,000.00; he said this $150,000.00 reduction represents a deferral of costs rather than a trimming of the budget , he said the thinking behind this was to save interest costs and the $150,000.00 would now.be included in the bond issue; this reduction then left the total budget at $7,695,200.00 of which $5,115,700.00,would be levied by taxes. Alderman Wilson then introduced a resolution approving the annual budget of the Board of Education of Special School District No. 4 and the levying of $5,115,700.00 upon,the taxable property of the said School District for the year 1965, which was read. A motion was then made by Day, second by Perry, that the said resolution be adopted as read and all voting in favor thereof, President DeVries declared the said resolution duly passed and adopted. The recommendation of the Public Safety Committee that the application of Geo. S. Kallimanis for a license to sell on and off sale non -intoxicating malt beverages at 1829 Service Drive, Highway 52 West dba The Golden Garter be approved, was read and upon motion by Wilson, second by Hanlon, and all voting in favor thereof, the recommendation was • approved and the license to be issued. The recommendation of the Public Safety Committee stating that they had investigatet the report of an incomplete sidewalk on the east side of North Broadway north of 14th Street and that the City Engineer reports that the completion of this sidewalk is now being accomplished and that the delay was caused by the necessity to remove some trees, was read and upon motion by Eichten, second by Wilson, and all voting in favor thereof, the recommendation was approved. The recommendation of the Public Safety Committee stating that they had investigated the request of Bach Music Company for a truck loading zone at 428 South Broadway, the committee recommends that the request be approved and that a truck loading zone of thirty feet, more or less, be established in front of the premises known as 428 Record of Official Proceedings of the Common Council of the City of. Rochester, Minn., November 1, 1965 247 1 • 1 • South Broadway, was read and upon motion by Wilson, second by Hanlon, and all voting in favor thereof, the recommendation was approved and the City Attorney was instructed to prepare a resolution making this change effective. The recommendation of the Public Safety Committee stating that they had conside the request of Mrs. Esther Stewart of 1600 7'k Avenue N. E. requesting traffic control at the intersection of 16th Street and 7k Avenue N. E. and it is the opinion of the committee that warrants do not exist at this time to justify the installation of traffic control signs, was read and upon motion by Eichten, second by Wilson, and all voting in favor thereof, the recommendation was approved. The recommendation of the Public Safety Committee stating that they had received a petition from residents on 6th Avenue N. W. between Center and 2nd Street requesting additional street,lighting and the committee recommends that this petition be referred to the Public Utilities Department for investigation and kreport was read and upon motion by Wilson, second by Hanlon, and all voting in favor thereof, the recommendation was approved. The recommendation of the Public Safety Committee that the bid of Adamson Motors, Inc. in the amount of $7,988.50 for furnishing five patrol cars was read and upon motion by Hanlon, second by Eichten, and all voting in favor thereof, the recommendation was approved. An Ordinance amending Section 156.060 of Chapter 156 entitled "Rochester Bus Line Franchise" of the "Rochester Code of Ordinances" i(ehanging license for buses to $15.00) was given its third and final reading. A motion was made by Eichten, second by McCaleb, that the said ordinance be ddopted as read, and all voting in favor thereof, except Alderman Perry who voted "no", President DeVries declared the said ordinance duly passed and adopted. An Ordinance amending Section 23.010 of Chapter 23 entitled "Fire Department" of the "Rochester Code of Ordinances" (23.010) Personnel. The Fire Department of the City shall consist of seventy-five members as follows: One Chief, three Assistant Chiefs, twelve Captains, one Mechanic, one Assistant Mechanic, one Alram Superintendent, one Assistant Alram Superintendent, one Chief of the Fire Prevention Bureau, two Inspectors, eighteeen Motor Operators, and thirty-four Fire Fighters.") was given its sbdorid reading. A motion was made by Day, second by Wilson, that the rules be suspended and the ordinance be given its third and final reading, and upon roll call Alderman Hanlon voted "no". Alderman Hanlon stated that he had objected to this because he did not think it should all be put in one ordinance, he said he might be for addition of one of the new titles but not for the other and thought they should be put in separate ordinances. An Ordinance amending an Ordinane entitled, "An Ordinance for the purpose of promoting health, safety, order, convenience and general welfare, by regulating 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 this City of Rochester, Minnesota, all in accordance with a comprehensive plan (changing zone of properties in Sunrise Estates First Subdivision), was given its third and final reading. A motion was then made by Day, second by Hanlon, and all voting in favor thereof, except Alderman Eichtea who abstained, President ` Record of Official Proceedings of the. Common -Council of the City of Rochester, Minn., November 1, 1965 , CC-58889 DeVries declared the said ordinance duly passed and adopted. An Ordinance annexing to the City of Rochester, Minnesota, certain unplatted land in the Northwest Quarter of Section Twenty-seven, Township One Hundred Seven North, Range Fourteen West, Olmsted County, Minnesota, which is c6mpletely surrounded by land within the Municipal Limites of the City of Rochester, Minnesota (land -south of Northgate 6th), was given its second reading. A resolution abolishing and discontinuing the office of City Justice was read. A motion was made by Hanlon, second by Day, that the resolution be adopted as read. A motion was made by Perry „ second by Wilson, that this resolution be tabled and referred to the Personnel Advisory for a replacement or until the next election, and upon roll call Day, Hanlon and DeVries voting "no" and Eichtem, McCaleb, Perry and Wilson voting "aye" President DeVries declared the motion carried and the resolution tabled. The recommendation of the Planning & Zoning Commission re intiation of proceedings to annex Rochester Tennis Club property that is surrounded by the City of Rochester was read. Also a petition with 48 signatures opposing granting Mayo Association permission to build multiple dwellings on property adjacent •to'Tennis Club was read. - Mr. Fred Schuster was present and presented again the plan of this area which would donate the Tennis Club Property to the City and also a piece which adjoins Kutzky Park; they had requested that the land between 16th Avenue N. W. and the Tennis Club property be zoned R-3 and could then be used as a multiple dwelling area, he said he estimated the price on the piece requested to be zoned as R-3 as about $50,000.00. Mayor Smekta suggested that probably the City ought to look into the possibility of purchasing this land and adding it to Kutzky Park. Mr. Dwight Rieke of 1343 - 2nd Street N. W.; Mr. Richard Binds of 421 - 13th Avenue N. W.; Mrs.•Dwight Rieke of 1343 - 2nd Street N. W.; Mr. Ken Zubay of 1326 - 2nd Street N. W.; Dr. R. G. Tinkham of 1330 - 2nd Street N. W.; and Dr. Don Purnell of 1331 - 2nd Street N. W. iaere each heard in opposition to multiple dwelling being granted on this property. After lenghty discussion a motion was made by Perry, second by Wilson, that this be referred to the Finance Committee t6 study the possibility of pruchasing this tract of land; all voted in favor thereof. A motion was made by Eichten, second by Wilson, that the recommendation of the Public Works Committee submitted earlier in the meeting regarding 20th Street N. W. (proposed street) Northgate 6th Addition be referred back to the Public Works Committee, all voted in favor thereof. The recommendation was to be reviewed by the Public Works Committee. A motion was made by Perry, second by Day, that the City Engineer submit an estimate of the additional cost necessary to clean up the streams this winter; all voted in favor thereof. A resolution declaring intention to annex,to Board of Supervisors of Cascade Twonship, property which is 75% surrounded on three sides by land within the territorial 1 • is 1 limits (land in Sec. 27-107=14 and south of Northgate 6th Addition) was again presented 0 • Record of Official Proceedings of_ the Common Council of the City of Rochester, Minn., November 1, 1965 249 and upon motion by Wilson, second by Eichten, and all voting in favor thereof, the resolut- ion was tabled until the meeting of November 15, 1965. 'A resolution vacating the alley in Block 6, Head & McMahons Addition which abuts upon and lies immediately east of Lot 4, Block 6 and which is 18 feet in width from East to West and 156 feet in length from North'to'Sout�, was read. Upon motion by Hanlon, second by McCaleb, and all voting in favor thereof, President DeVries declared the said resolution duly passed and adopted. A resolution amending the Comprehensive Resolution establishing parking, truck • loading, passenger loading, and parking meter -regulations -and provisions, primary streets and one-way streets and alleys pursuant to Ordinance No. 871, as follows, was read and upon motion by Day, second by Wilson, and all voting in favor thereof, President DeVries declare the said resolution duly passed and adopted. A resolution granting a variance and authorizing to remodel the one family dwelling located on Lot 12, Woodland Addition so as to remake the said dwelling into a two-family dwelling, was read. Upon motion by McCaleb, second by Wilson, and all voting in favor thereof, President DeVries declared the said resolution duly passed and adopted. A resolution declaring and giving notice to the Board of Supervisors or Rochester Township to annex lands 75% or more bordered on three sides by land within the territorial limits of the City of Rochester was read and upon motion by Day, second by Hanlon, and all voting in favor thereof, President DeVries declared the said resolution duly passed and adopted. Resolution instituting condemnation proceedings in Allendale Subdivision to acquire easements for purpose of constructing, maintaining, repairing and reconstructing a sanitary sewer and water main was read and upon motion by Hanlon, second by Perry, and all voting in favor thereof, except Alderman Day who abastained, President DeVries declared the said resolution duly passed and adopted and the three appraisers were named as G. F. Thorkelson, Clarence Riley and William Suk. Mayor Smekta stated that he hdd received a call from Russ Lang stating that a • Management Community Development/Seminar will be held in Sioux Falls, S. Dakots on November 8 and 9 and suggested that someone from Rochester attend. Upon motion by Day, second by Wilson, an all voting in favor thereof, Mr. Tom Moore, Planning Director was instructed and authorized to attend as well as any member of the Council wishing to attend. Mr. Paul Zollman was present and stated that they were meeting with the Fillmore County officials in regard to combination of their county with Olmsted County for mental health program and wondered if the Council had taken any definite action. A motion was then made by Hanlon, second by Wilson, that it is the concensus of the Common Council that if a satisfactory joint agreement is worked out with Fillmore County, the City will consider to withdraw from its present cooperative agreement; all voted in favor thereof. Upon motion by Wilson, second by Eichten, and all voting in favor thereof, the meeting was adjourned until 7:30 P. M. on November 15, 1965. C Clerk I