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HomeMy WebLinkAbout11-02-1964• Record of Official Proceedings of the Common Council of the City of Rochester, Minn., November 2, 1964 4G3 1 1 1 • 1 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 2, 1964. 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,Perry,, Wilson. Alderman, X-e_C•_Ieb McCaleb arrived at 2:50 P. M. Upon motion by Eichten, second by Day, and all present voting in favor thereof, the minutes of the meetings of October 19th and October 22nd, 1964 were approved. President DeVries stated that this was the time and place -set for receiving and opening bids for the following projects: Bids for furnishing one (1) 3-5 Ton Self Propelled steel Tired Roller for the City EngineerA Department. The bids of Hall Equipment Company in the amount of,$5,143.Q0; Hayden Murphy Equipment Company in the amount of $5,015.00; Borchert Ingersoll,Inc. in the amount of $4,700.00 and Tri State Machinery Company in the amount of $4,595.00 were each received and opened. Upon motion by Wilson,second by Day, and all present voting in favor thereof, the bids were referred to the Public Works Committee and the City Engineer for tabulation and recommendation. Bids for furnishing one set of 9 H. P. Bucket Machines consisting of two (2) three wheel trailer type units. The bids of Flexible Pipe Tool Company in the amount of $2,461.50 and O'Brien Manufacturing Corporation in the amount of $2,972.00 were each received and opened. Upon motion by Wilson,second by Day, and all present voting in favor thereof,the bids were referred to the Public Works Committee and the City Engineer for tabulation and recommendation. The Mayor's appointment of Mr. Jennings Johnson of 514 - 15th Street Northwest as a member of the Library Board, Mr. Johnson to fill the unexpired term of Mr. Frederick Furlow, or until July 1,1966, was read. Upon motion by Perry, second by Eichten, and all present voting in favor thereof, the appointment was confirmed. A letter from the Schwanke Masonry,.Inc. stating that it was their intention to have the mechanical contractor dig the sewer and water lines into the new Elementary School building under construction at 40th Street Northwest but had been advised that the nearest source of water was two blocks away from the construction site and requesting that something be done to provide water at this time, was read. Mr. William Schwanke was present and urged that the,.Council do something to provide them with water if possible. Upon motion by Wilson,second by Eichten, and all present voting in favor thereof, the letter was referred to the Public Works Committee and t City Engineer. The recommendation of the Public Works Committee that the Council initiate an improvement project for water main extension in 40th Street N. W. from 16th AVenue to 12th Avenue N. W.,this is extending the water main to the proposed Robert Gage School,wes read. Upon motion Day, second by Eichten, and all present voting in favor thereof,the recommendation was approved. The feasibility report of the City Engineer stating that a resolution proposing 464 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., November 2, 1964 CA•60713 in 40th Street N. W. from 16th to 12th Avenue N. W. was to his water main extension referred office on November 2, 1964 for engineer's preliminary report, they report that the improvement is feasible and recommend installation of an 8" main, the estimated costs, made without survey or plans are $10000.00 was read together with the recommendation of the Public Works Committee stating that they had considered the above project and recommend its construction with the costs assessed currently to the school tract and on a deferred basis to the other abutting property. Upon motion by Perry, second by Eichten, and all present voting in favor thereof,the recommendation was approved. • The following letter from the National Board of Fire Underwriters was read and President DeVries ordered the same placed on file: "Hon.. ,A lex P. Smekta Mayor City Hall Rochester, Minnesota Dear Mayor Smekta: Recently Mr. Ralph H. Link, Chief Engineer of the Fire Underwriters Inspection Bureuau, met with three members of the City Council of Rochester and with Fire Chief Frank Everett for the purpose of discussing the location of a new station in the northwestern portion of the City. Mr. Link requested we review this probelem and reply directly to you. . Recommendation 10 (a) of the Recommended Improvement Program inclided in our April,1962, Report indicates an additional engine company to be located in the vicinity of U. S.52, between 19th and 22nd Streets, N. W., is deemed of most importance. As we understand it, the northwestern portion of'the city has not. developed much beyond what it was in 1961 when our engineers conducted their survey. If this is true, it'would appear that our recommendation is still applicable; the proposed site at 19th Street and 16th Avenue N. W.,certainly would comply with our recommendation. This office does not have any information pertaining to the predicted extent of the future growth of the city and in what direction it will take place; however, if substantial growth is•in the northwestern direction,it is very possible another station would be needed to provide the necessary protection. This reasoning,of course, holds true for any other part of the city which may expand. We trust the foregoing comments will be helpful,and if we can be of further assistance please do not hesitate to contact this office. Yours very truly, /s A. J. Sella, Supervisory Engineer" A~letter signed by Ace Linoleum Shop, Modern Paint & Carpet and Third Avenue Grocery requesting one hour parking on 3rd Avenue S. E. from 4th to 5th Street S. E. was read. Upon • motion by Wilson,second by Eichten, and all present voting in favor thereof,the-letter was referred to the Public Safety Committee. - A letter signed by Marvin G. O'Grosky'calling attention to the rusty and dirty condition of the water at his home at 315 - llth Avenue Northwest and requesting that something be done to correctthis, was read. Upon motion by Perry, second by Wilson,and all present voting in favor thereof,the letter was referred to the Public Utility Board. A letter from the Rochester Olmsted Transportation -Planning Commission requesting approval of the temporary employment of four persons for a period of approximately two months; these four employees would be women who were employed by the Minnesota Department of Highways during the Origin and Destination Sbudy, was read. Upon motion by Perry, second by Eichten, and all present voting in favor thereof, their request was approved. • Record of Official Proceedings of the Common Council of the City of Rochester, Minn., November 2,. 1964 65 4' 1 0 1 is I� The following resolution adopted by the Park Board 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: "That V. E. Elliott,Commissioner and Secretary of the Rochester Park Board, present to the Safetyh Committee, a pnposal for the operation of the Parking Lot at Mayo Civic Auditorium. The proposal being presented now to the Safety Committee for their consider- ation, is as follows: 1. That the parking lot at Mayo Civic Auditorium be placed under the administration and direction of the Mayo Civic Auditorium. 2. That a revenue producing parking facility be established at this location. ' 3. This parking facility to be installed as per attached diagram. 4. The revenue from the operation of this facility will go to the Mayo Civic Auditorium,who in turn will pay for surfacing, striping, snow removal and operation of the system. 5. The proposed rate's will -be on a self-service "pay as you enter" at 25(,% for a maximum of 12 hours, 6:00 a.m. to 6:00 p.m. - week days. We are ,submitting this proposal for your recommendation to the Council." A notice form the Railroad and Warehouse Commission of a'hearing.to be held on Friday, November 20,1964 at 9:45 o'clock in the forenoon in the matter of .the ptition of the Chicago and North Western Railway Company for authority to abandon and remove the southerly.195 feet of I.C.C, Track No. 275A located between First and Second Avenues N. E. Rochester, Minnesota, was read and President DeVries ordered the same placed on file. The four following resolutions adopted by the Public Utility Board were each read and upon motion by Wilson, second by Hanlon, and all'present voting in favor thereof, the,same were approved: "Be it resolved by the Public Utility hoard of the City of Rochester that the Common Council authorize the said Board to enter into a contract with S. M. Supply Company for furnishing in accordance with specifications on file and with their letter dated October 26, 1964 VOISAGE REGUTATORS AND SYNCHRONIZING EQUIPMENT the amount of the contract to• be• SIX THOUSAND EIGHTEEN DOLIARS_ ($6, 018.00) and S.M. Supply Company being the lowest responsible bidder. Be it further resolved that the Common Council direct the Mayor and City Clerk to execute the contract documents." "Be it resolved by the Public Utility Board of the City of Rochester that the Common Council of said City authorize the said Board to enter into a . contract with Pfeifer and Shultz, Engineers for furnishing engineering services incidental to the installation of.a 60900 pound per hour steam generating unit in the City6 North Broadway Plant the fee for the engineering services to be Six and Onekalf Per Cent (62%) of the total cost of the project. Be it further resolved that the Common Council direct the Mayor and City Cleric to execute the contract documents." . "Be it aesolved by the Public Utility Board of the City of Rochester, Minnesota that the Common Council of the said City authorize the Public Utility Board to purchase the following property - That part of Block Sixty -Two (62) in the Original Town (now City) of Rochester, Minnesota, together with that part of the North and South alley in said Block,bounded and described as follows: Beginning at a point on the North line of said Block, Nine (9) feet Southwesterly of, as measured radially from the center line of Spu Track I.C.C. Number 275 of the Chicago and North Western• Railway Company, as now located and established; thence Southeasterly along a line parallel with the center line of said Spur Track to a point fifty (50) feet Northeasterly of, as measured at right angles from the center line of the main track of said Railway Company, as now located and established; thence Northwesterly along a line parallel with the center line of said main 'track to the West line of said Block; thence North along the West line of said Block to a point One Hundred (100) feet Northeasterly of,as k measured at right angles from the center line of said main track; thence 0 46 Record of Official Proceedings of the Common- Council of the City of Rochester, Minn., November 1964 Southeasterly along a line parallel with the center line of said main track to a point Fifty (50) feet East of,as measured at right angles from the West line of said.Block; thence North along a linepprallel with the West line of said Block to the North line thereof;thence East along the North line of said Block to a point of beginning,all in Olmsted County, Minnesota. the total price of the property to be SIX THOUSAND SIX HUNDRED NINETY DOLIARS ($6,690.00) and the said property to be used for expansion purposes." Be it resolved by the Public Utility Board of the City of Rochester, Minnesota that the Common Council of the said City authorize the said Board to enter into a contract with Pfeifer and Shultz, Inc.to proceed with engineering services for the f ollowing: A. The preparation of plans and specifications for 15 KVA class insulated cable for underground distribution service; presentation of the plans and specifications to the Board for approval,issuance of the plans and specifications to prospective bidders, attendance at the bid opening., • tabulation and analysis of bids received, and assistance,in the award of the contracts to the extent desired. The amount to be paid Pfeifer and Shultz to be calculated according to the Cost Plus Fee'Schedule, Exhibit A, a copy of which is attached hereto. B. The performance of a study of the power factor of variou circuits in the electric distribution system, together with the preparation and presentation of a Report to the Board outlining the results 6 the study and recommendations on action to be taken. The amount to be paid Pfeifer and Shultz to be calculated according to the Cost Plus Fee Schedule, Exhibit A, the amount of the fixed fee portion of the charges to be Eight Hundred Dollars ($800.00). C. The preparation of plans and specifications for a 1500 KVA transformer to serve St. Marys Hospital, presentation of the plans and specifications to the Board for apprcval,issuance of plans and specifications to propspective bidders, attendance at the bid opening, tabulation and analysis of bids received, assistance in the award of contracts to the extent desired, and such periddic inspection of the installation as may be deemed advisable. The amount to be paid Pfeifer and Shultz to be calculated according to the Cost Plus Bee Schedule, Exhibit A. D. To provide additional engineering services as the City may desire from time to time, payment to be calculated according to the Cost Plus Fee Schedule, Exhibit A. The initial terms of the agreement to be two (2) years from the date of the agreement and shall continue in force _ thereafter unless cancelled in writing by either Arty. Be it further resolved that the Common Council direct the Mayor and the City Clerk to execute the contract documents." Alderman-McCaleb arrived at 2:50 o'clock P. M. The following petitions were each presented and upon motion by Wilson, second by Hanlon, and all Voting in favor thereof,the same were referred to the City Planning and Zoning Commission: a. Petition of William and A lina Rubow to have Lots 1, 2, 3, 4, 5, 6, 7, Rubow� Sunrise Addition changed from residential to industrial district. b. Petition signed by Richard H. Ferguson,M. D.to have Lots 29, 21, 22, 23, Block 1, College View Addition annexed to the City of Rochester. c.,, Petition from the First Christian Church to have the following described property annexed to the City: com. 435 feet west of N.E.corlier of Lot 22 for place of beg. • run th SEly to S line said lot, th West 217.26 feet th Nly 202.8 ft.to North line sd lot,th East 217.38 feet to beg. (Cascade 2492 in Allendale) Com. at NW cor lot 22 run th E 309 ft, th SEly 202.8 ft to S line sd lot,th W along S line sd lot 257.6 ft to SW corner of Lot 22, th NWly along W line sd lot 217.27 ft to beg (Cascade 24-3 in Allendale) W 208 ft 8� inches, E 643 ft 8� inches Lot 23 (Cascade 2603 in Allendale). A letter from the Sheehy Construction Company petitioning to proceed to abandon the existing well located on the property of the proposed Olmsted Bank Building on the corner of Broadway and Second Street S. E., was read. Upon motion by Day, second by Perry, and all voting in favor thereof,their request was granted subject to the approval of the Board of Phlic Health and Welfare and the Public Works Committee. A letter signed by Emrold Theim of Naegele Sign Co. Inc. and Harlan F. Tracy of Ace Signs 0 Record of Official Proceedings of the -Comnibn Council of the City of Rochester, Minn., November-2, 1964 4671 • I E 11 stating that they, had watched and reviewed the pDgress of the proposed new Zoning Ordinance and fully realize the value and necessity of this Alan, though they have reviewed with the Planning Commission various alterations to this ordinance as it pertains to signs, there still are a number or changed in this planned zoning that they feel are necessary for the welfare of the merchants of Rochester and listed certain recommended alterations, was read. Upon motion by Wilson, second byh Day, and all voting in favor thereof, the letter was received and referred to the Planning and Zoning Commission. The recommendation of the City Planning and Zoning Commission stating that they had reviewed the application to vary the provisions of the Zoning Ordinance to permit the construct of a joint garage straddling the property line to hoaee eight (8) private automobiles on Lots 27 and 28, Block 4, Graham Addition and recommend that that -this application be approved, was read. A motion was made by, Wilson,second by Day, that the recommendation be accepted and a hearing on the variance be set for November 16,1964 at 7:30 o6lock P. M.; upon roll call Eichten, Hanlon, McCaleb, Perry, DeVries voting lino" and Day and Wilson voting "aye;' President DeVries declared the motion lost. A motion was then made by Hanlon, second by Eichten, that,the recommendation of the Planning and Zoning Commission be rejected and the petition be denied and upon roll call Eichten, Hanlon, McCaleb, Perry and DeVries voting Jaye" and Day and Wilson voting "no", President DeVries declared the motion carried and the plition denied. The recommendation of the City Planning and Zoning Commission stating that they had reviewed the petition to annex the pooperty at 1919 - 3rd Street S. W. and find that this property is contiguous -to the city limits and that.the owners wish to be -connected to the City sewer and water,system and therefore, recommend that the property be annexed, was read. Upon motion by Perry, second by Eichten, and all voting in favor thereof, the recommendation was approved and the City Attorney was instructed to,prepare an ordinance annexing the said property. The recommendation of the City Planning and Zoning Commission stating that they had reviewed the city limits situation in the vicinity of 19th Avenue S. W.between 2nd St. S.W. and 3rd St. S. W. and find that the properties in this area are surrounded by,the City of Rochester; under Minnesota Statute,, properties which are surrounded may be annexed to the municipality and therefore they recommend that the following described properties be annexed to the City of Rochester, was read: 1. Beginning at a point on the No. line of the NWk of Section 3, T106N, R14W, which is 63 rods 2.79 ft.west of the NEE. corner of said NW'k, running thence west 4 rods, thence south 20rods, thence east 4 rods, thence north 20rods to the point of beginning. 2. The East 132 feet of Lot ;,Block 2, Hghland Addition inclding the North 2 of 3rd St. S. W. 3. All of Lots 1-6, Block 2, Highland Addition inclding the adjoining So.2 of 2nd St. S.W., the west 2 of 19th Ave. S.W., and the No.2 of 3rd St.S.W. 4. Lots 2-4, Block 1, Highland Addition and the No. 72 ft of Lot 5 & 6, B1ockAl, Highland Addition including the adjoining So.2 of 2nd St. S. W. the East 2 of 19th Ave. S. W., and the alley in Block 1, Highland Addition. a Upon motion by Day, second by Wilson,and all voting mn favor thereof, the recommendation was accepted and the City Attorney was instructed to pregre an ordinance annexing the said lands. The recommendation of the City Planning and Zoning Commission stating that they had 0 46 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., - November 2, 1964 reviewed the alternate General Development Plans of the Baihley Property S. W. which conform to the requests made by the Common Council to revise the original plan for this area, at this time, we wish to keep youinf ormed of the progress we are making on this matter; we proposed to hold a meeting on November 39, 1964 of the Joint Rochester -Olmsted County Planning Commission to futther discuss these alternate plans and to make a recommendation for the adoption of one of them to be used as a guide for future development in the area, was read. President DeVries ordered the recommendation placed on file. The recommendation of the City Planning and Zoning Commission stating that they had reviewed the petition to change the zoning districting on ClementA Chevrolet Property S.W. from residential to commercial district and recommend that this change be granted, was read. Upon motion by Day, second by McCaleb, and all voting in favor thereof,the recommendation was accepted and a hearing on the pooposed zone change was set for 7:30o6lock P. M. on December 7, 1964. The recommendation of the City Planning and Zoning Commission stating that they had reviewed the petition to change the zoning districting on property at 615, 619 and 623 - 4th Street S. E. from residential to commercial district and find that the requested change is not in accord with the CityA adopted land use plan which proposes this area for medium population density residential use and, therefore, recommend that this petition be denied, was read. Upon motion by Hanlon, second by Perry, and all voting in favor thereof, the recommendation was appruved and the petition was denied. Upon motion by Hanlon, second by Wilson, and all voting in favor thereof, the meeting was adjouned until 7:30 oelock P. M. President DeVries called the meeting to order again at 7:30 o'clock P. M. the following members being present: President DeVries, Aldermen Day, Eichten, Hanlon, McCaleb, Perry, Wilson. President DeVries stated this as being the time and Alace set for hearings on the following prg6ects: -Hearing on installation of sanitary sewer and water main for future use across the right-of-way of T. H. 52 in the SEk SW'k of Section 10-106-14. There was no one present wishing to be heard. President DeVries declared the hearing officially closed. Upon motion by Wilson, second by McCaleb, and all voting in favor thereof,the City Engineer was instructed to proceed with the pnogect. Hearing on construction of a portion of Elton Hills Drive West from Broadway and a service road from Elton Hills Drive to Northbrook Shopping Center. There was no one present wishing to,be heard. President DeVries declared the hearing officially closed. Upon motion by Wilson, second by Eichten, and all voting in favor thereof, the City Engineer was instructed to proceed -with the project.. Z�D;,.v Hearing on change of zoning of the east 2 of vacated North-Sotih alley in Block 106, Willson§ Addition and north 2 of vacated 8th Street S. W. from residential to commercial district. There was no one present wishing to be heard. President DeVries declared the hearing officially 1 • fl 1 I 0 Record of Official Proceedings of the -Common- Council of the City of Rochester, Minn., November 2, 1964 4691 • 1 • 1 closed. The eecommendation of the Planning and Zoning Commission that this zone change be granted, was again read and upon motion by Wilson, second by Eichten, and all voting in favor thereof, the recommendation was accepted and the City Attorney was instructed to prepare an ordinance making the requested zone change. The recommendation of the Finance Committee that the Common Council reimburse City clerical employees for the $5 per person registration fee costs for attending the National Secretaries Association Seminar, -Rochester Chapter, held Saturday, October 31, 1964, was read. Upon motion by Wilson, second by Perry, and all voting in favor thereof, the recommendation was approved. The recommendation of the Finance Committee that the request of the City Engineer for permission for C. A. Armstrong, Albert J. Toddie, Jr., Robert Toddie, Ray Sibley, Clarence Hanson and Fred Rahn to attend the bituminous conference at the University of Minnesota Continuation Center on November 11, 1964 at city expense be approved, was read. Upon motion by Hanlon, second by Wilson, and all voting in favor thereof, the recommendation was approved and they were authorized to attend at city expense. The report of the Public Safety Committee stating that they had considered the request of Gold Cross Ambulance Service, Inc. for establishment of a municipal rescue service for emergencies that occur in the City of Rochester and recommend that this problem be studied by the complete Council was read. Upon motion by Wilson, second by Perry, and all voting in favor thereof, the report was ordered placed on file. The recommendation of the Public Safety Committee stating that they had considered the application of. Louis Herrick to have the "on and off" sale non -intoxicating malt beverage licenses now issued to Elaine Vesey at the Alibi Inn, 104 East Center Street, transferred to him at the same location and recommending that the application be approved and the licenses be transferred, was read. Upon motion by Wilson, second by Hanlon, and all voting in favor thereof, the recommendation was approved and the licenses transferred. The recommendation of the Public Works Committee that the Street Identification Guide as recommended by the Planning Commission be approved, was read. -Submitted were the following principles as a policy and guide in nameing of streets that do not lend themselves to the traditional rectangular system of streets and avenues: 1. The Numerical Rectangular system of naming streets and avenues ("grid pattern") will be followed wherever possible. 2. All street names will include the proper quadrant designation (N.E., S.E., S.W., or N.W.) 3. Streets and avenues that Conform strictly with the grid pattern in alignment, but cannot be given a whole number, will be given a fractional number. This practice should be held to absolute minimum, and then used only on short streets or avenues. Designation as a "Place" or "Court" should also be _considered in preference to a fractional number. 4. Streets that cannmtbe properly designated and numbered as streets or avenues because of irregular alignment or direction may be designated as Courts, Drives, Roads, Ianes, Places, Circles, Boulevards, or Parkways in accordance with the patterns shown below, and aames instead of numbered. Names shall begin with a letter whose position in the alphabet E a Record of Official Proceedings of the Common Council, of the City of Rochester, Minn., November 2, 1964 conforms with the nearest number in the grid pattern (A-1; Z-26,) except in instances where a geographic or traditional.name for the street would be especially appropriate or informative. A name category (geographic, trees, birds, States, Presidents, etc.) I shall be established in each quardrant for each alphabet series im the quadrant. Mayor Smekta stated that he felt they should use the grid pattern as much as possible, he said there were places in Northwest Rochester that you could not find without a map and then even with a map it was hard to find them; he said he thought this was ridiculous and was a waste of time efid money for companies to send their representatives out on errands and then they were not able to find the street they were looking for; he cited in particular 19th Avenue N. W. • which runs north of 7th Street N. W. to 19th St. N. W. on the west side of Highway 52 but it disappears north of 19th Street N. W. and then comes up again on the east side of Highway 52 connecting 18th Avenue N. W. and 26th St. N. W. After lengthy discussion on this matter a motion was made by Perry, second by Hanlon, that the recommendation of the Public Works Committee be approved and upon roll call and all voting in favor thereof, except Alderman Day who voted "no", President DeVries declared the motion carried and the recommendation approved. The recommendation of the Public Works Commissttee that the request of Mrs. Louis Bossard for deferment of the proposed annexation of their property in outlot 1, Sunrise View Subdivision until June, 1965 be approved and further recommending that the annexation of the property of the Elim Baptist Church on 18th Avenue N. W. be deferred until June, 1965, was read. Upon motion by Hanlon, second by Eichten, and all voting in favor thereof, the recommendation was approved. The recommendation of the Public Works Committee stating that the petition of property owners on North Broadway between 16th and 17th Streets N. E. for curbing to be installed in connection with the present highway 63 improvement was considered and they recommend that this matter be referred to the Highwayh DEpartment for their consideration without further action by the City at this time, was read. Upon motion by Perry, second by McCaleb, and all voting in favor thereof, the recommendation was approved. The recommendation of the Public Works Committee recommending approval of the agreement with the Minnesota Highway Department for the conveyance of former District Headquarters and • Maintenance Shop on 4th Street Southeast to the City, was read. Upon motion by Perry, second by Wilson, and all voting in favor thereof, the recommendation was approved. The recommendation of the Public Works Committee that the bid of Flexible Pipe Tool Company in the amount of $2,461.50 for one set of 9 H.P. bucket machines consisting of two three.wheel trailer type unites for use in the City Engineer's Department (sewer) be accepted - and checks be returned to the unsuccessful bidders, was read. Upon motion by Perry, second by McCaleb, and all voting in favor thereof, the recommendation 'was accepted. The recommendation of the Public Works Committee that the bid of Tri State Machinery Company in the amount of $4,595.00 for one-3-5 ton self-propelled steel tired roller for use in the City Engineer's Department (Street & Alley) be accepted and checks be returned to the unsuccessful bidders, was read. Upon motion by Wilson, second by McCaleb, and all voting in • Record of Official Proceedings of the Common Council of the City of Rochester, Minn., November 2, 1964 4711 0 1 1 E favor thereof, the recommendation was approved. The license bond of Robert W. Langton dba Drainmaster in the amount of $1,000.00 wi St. Paul Fire & Marine Insurance Company as surety was read and upon motion by Wilson, second by Day, and all voting in favor thereof, the bond was approved, the surety thereon accepted and the same was ordered placed on file. The report of the Clerk of Municipal Court for the week ending October 23, 1964- showing total criminal fines and costs collected and civil fees received $3,793.50 and total remitted to the City Treasurer $3,123.50 was read and President DeVries ordered the same placed on file.. - The bond for lost warrant of Quarve & Anderson Company in the amount of $8.00 was read and upon motion -by-Wilson, second by Day, and all voting in favor thereof, the bond was approved and the City Clerk was instructed to issue a duplicate check. The applications of Robert W. Langton for a Master Plumber's License and Cecil R. Newman for a Journeyman Plumber's License were each read and upon motion by Hanlon, second by Perry, and dll'voting in favor thereof, the licenses were granted. The applications of Kerr McGee Oil Industries, Inc. and lours Herrick for a license to sell cigarettes and Louis Herrick for a license to sell soft drinks were each read and upon motion by Hanlon, second by'Perry, and all voting in favor thereof the licenses were granted. 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 authorizing the Public Utility Board to enter into contract with S. M. Supply Company. Upon motion by Hanlon, second by Perry, resolution adopted. Resolution authorizing the Public Utility Board to enter into contract with Pfeifer & Shultz, Inc. Upon motion by Perry, second by Wilson, resolution adopted. Resolution authorizing the Public Utility Board to enter into contract with Pfeifer & Shultz, Inc. Upon motion by Wilson, second by Eichten, resolution adopted. Resolution authorizing the Public Utility Board to purchase of part of Block Sixty - Two (62) in Original Plat. Upon motion by Wilson, second by Day, resolution adopted. Resolution approving agreement with State of Minnesota, Department of Highways for conveyance of District Haedquartbrs and Maintenance Shop Site. Upon motion by Wilson, second Eichten, resolution adopted. Resolution levying special assessments for collection of garbage for 1964. Upon motion by Wilson, second by Perry, resolution adopted. Resolution levying' special assessments for use of Sewage System during, 1964. Upon motion by Perry, second by Hanlon; resolution adopted. Resolution declaring cbst to be assessed and ordering preparation of proposed asses ment for construction of a watertank and connecting trunkline for the low district of the S. E. 0 Record of Official Proceedings of the Common -Council of the City of Rochester, Minn., November 2, 1964 0 Service Area. Upon motion by Perry, second by Hanlon, resolution adopted. • Resolution ordering a hearing on the proposed assessment for construction of a water tank and connecting trunkline for the low district of the S. E. Service area. Upon motion by, !I Wilson, second by Hanlon, resolution adopted: • Resolution accepting bid of Tri State Machinery Company for furnishing one 3-5 ton• self-propelled steel tired roller for use in the City Engineer's Department. Upon motion by Perry, second by Hanl®ran resolution adopted. Resolution accepting bid of Flexible Pipe Tool,6ompany for furnishing one set of ( H.P. Bucket machines consisting of two three wheel trailer type units. Upon motion by Perry,. -second by Hanlon, resolution adopted. Resolution referring proposed improvement for feasibility report and recommendationfor. watermain extension in 40�h Street N. W. from 16th Avenue to 12th Avenue N. W. Upon motion'by Perry, second by Hanlon, resolution -adopted. I - - Resolution receiving preliminary report, ordering a public hearing and directing preparation of plans and specifications for watermain extension in 40th Street N. W. from 16th Avenue to 12th Avenue N. W. Upon motion by Hanlon, second by Perry, resolution adopted. Resolution approving plans and specifications and ordering bids for extension of watermain in 40th Street N. W. from 16th Avenue to 12th Avenue N. W. Upon motion by Hanlon, second by Wilson, resolution adopted. Alddrman Hanlon moved that the seventeen resolutions appropriating city funds for various purposes, be considered for adoption by the Common Council as a single group, each Alderman having previously examined each individual -resolution; Alderman McCaleb seconded the motion and all voted in favor thereof. A motion was -then made by Hanlon, second -by Wilson, that the following seventeen resolutions be adoptod as read and all voting in favor thereof, -President DeVries declared the said resolutions duly passed and adopted: 1-. Resolution appropriating $6,092,19 - $354.•99 from the General Fund and $5,737.20 from the Permanent Improvement Fund and ordering payement made to Thomas office Equipment Company. c 2-. Resolution appropriating $3,394.90 from the Permanent Improvement Fund and ordering payment made to The Sanitary Company. 3. Resolution appropriating $1,787.10 from the P.I.R. Fund and ordering payment made to Carlisle G. Fraser, Inc. 4. -Resolution appropriating $4,361.81 from the Permanent Improvement Fund and ordering payment made to Nietz Electric Aompany. '5. Resolution appropriating $1,829.81 from the P.I.R. Fund and ordering payment made to H. F. Radandt, Inc. 6. Resolution appropriating $3,486.07 from.the P.I.R. Fund and ordering payment made .to Carlisle G. Fraser, Inc. lI 7. Resolution appropriating $799.77=from the P.I.R. Fund and ordering payement made to Agneberg and Sankstone. 1 40 1 1 • 1 • Record of Official Proceedings of the --Common Council of the City of Rochester, Minn., November .2. 1964 473j ' 8. -Resolution appropriating $1,246.75 from the P.I'.R. Fund and ordering payment made to Agneberg Sankstone. 9. Resolution -appropriating $500.32 from the P.I.R. Fund'and ordering payment made to Littrup Nieslon, Inc. 10. Resolution appropriating $7,255.59 from the P.I.R.'Fund'and ordering payment made to C. G. Fraser, Inc. ' 11. Resolution appropriating $39,554.30 from the P.I.R. Fund and ordering paymbnt made to Doyle Conner Company, Inc. . 12. Resolution appropriating $135.36 from the Lighting Fund, $264.19 frofn the ' Auditorium Fund, and 237.50 from the Parking Meter Fund and ordering payment made to..City of Rochester, P. U. $399.55'and Wheeler Lumber Bridge & Supply $237.50. 13.. Resolutiori appropriating $652.37 from the General Fund, $17.05 from the S & A Fund, $278.22 from the Fire Protection.Fund and $8,812.99 from the Lighting Fund and ordering payment made to City of Rochester, P.U. $9,006.13; N. W. Bell Telephone Company $433.80 and Peoples Natural Ga's Company $330.65. 14. Resolution appropriating $2,977.40 from the Street & Alley Fund and'ordering pay ment made to H. T. Earle $789.00; Ed Mahoney $1,141.40; International'Salt Company $330.00 and Morton Salt Coinpany $717.00. 15. Resolution'aporopriating $951.80 froth the Sewer Fund and ordering payment made to Lyon Chemicals, Inc. $499.80 and Adler Enterprises, Inc. $452.00. 16. Resolution appropriating $17,949.07 from the General Fund and ordering payment made to Karl Po'stier, County Treasurer $16,425.73; Quality Priht Shop $323.20; Alfred Nelsen $404.47; Leitzne Concrete Company $434.00 and N. W. Refining Company $361.67. 17. Resolution appropriating $6,523..03 from the General Fuhd and ordering payment made to Texaco, Inc. $1,432.20'; Gopher Welding Company Warren P. Eu'stis $254.95; $300.00 and N. W. Refining Company $4,535.88.' The following claims we're each read and upon motion by Perry, second by Wilson, and all voting in favor thereof, the same were approved and the Mayor and City Clerk were authorized and directed.to draw warrants upon the City Treasurer and make payments accordingly: From the General Fund: C. A. Cottingham $41.84; Charles Dornack $58.50; Garnet Spring $28.88; William Frutiger $52.50; Walter Gordon $46.65; Everett'Inuth $49.50; William Burrows $46.50; St. MariisHospital $1.40; American Standards Assn. $.50; Alvin Grossbach t _ $35.00; Beckley's $5.60; Wm. H. Ziegler' Co. $17.56; Robert Blakely $114.00; Alfred Heyn $93.00; Qhitings $176.36; Weber & Judd $17.90; Wayne TerVerr$37.88; R. V. Ehtick $7.50; Bemel Parts & Supplies $5'.00; Stockinger Cartidge Company $6.50; Municipal Supplies $5.24; Roberts Foods Inc. $49.67; Cooper Radio & TV $6.05; R. D. Jones Company $97.50; American Institute of Park Executives 3.00• Mrs. Russell Ewert 18.00• Cranston $ $ Typewriters $14.90; City of Rochester $7.20; Miller Davis Company $2.30; Marie Hildestad $111.60; Elaine Miller $124.00; Rochester. • n 474 Record of Official Proceedings of the -Common Council of the City of Rochester, Minn., November 2, 1964 • CA•60713 Transfer & Storage Company $13.51; National Recreation Assn. $8.85; Monte's $7.30; Dison's $7.60; Public Personnel Association $3.00; Frederick Hughes $48.00; Rochester Personnel Assn. $6.00; Ralph Ranfranz $4.68; Mayo Clinic $17.00; Trautner;Sales $28.80; Harold Weisener $42.12; Arnolds Supply $49.61; Robert Ludescher $49.68; China Hall $76.85; Alpek Sheet Metal Roofing Co. $47.95; Delco Corp. $21.00; Eco, Inc. $86.05; Ace Hardware $69.51; H. Dornack & Sons $13.20. From the Street & Alley -Fund: Hall Equipment Co. $165.18; Schmidt Printing Company $83.40; Ace Hardware $14.67; The Zeco Company $14.50; MiQYael Todd & Company $183.80; Tom's Electric Company $6.36; E. J. Vonch $133.35; Construction Bufletin $20.40; Standard Oil Company $19.10; H. G. Knopp $55.43; Clements Chevrolet Company $74.52; General Trading Co. $117.33; Scharf Auto Supply $108.48; From the Fire Protection Fund: Ace Hardware $13.34; S. M. Supply Company $1.76; E. J. Klampe Co. $11.75; Kenneth-Stoltenberg $95.67; Parkhill Brothers $3.78; Gopher Welding Supply $24.20; Scharf Auto Supply Co. $14.07 and Fire & Safety Inc. $19.00.. From the Police Protection Fund: Donald Behnken $19.20; Axel Moberg $35.00; Harry Stai $41.25; Gerald Kingsley $61.80; James Macken $97.35; Reuben Riekk $90.00; Wofld Travel Bureau $84.65; Fire & Safety, Inc. $3.50; Red Carpet Car Glash $31.50; International Association of Chiefs of Police $20.00; From the Sewer Fund: Arnolds Supply $24.63; Ace Hardware $11.83; H. Dornack & Son $2.64; National Bushing & Parts %15.90; S. M. Supply Company $18.07. From the Auditorium Fund: Cal Smith, Manager $17.38. From the Music Fund: Priscilla Gunerson $12.00; Schmidt Music -Company $111.95; Neil A. Kjos Music Company $75.15; Carl Fisher Inc. $40.00; Bruce Douglass $2.65; Michael Ness $18.00; Dennis Thompson $.12.00; John T. Martin $12.00; Robert Stroetz $32.00; Stanley Munkel $8.00; Philip Elanan $12.00; Richard Wittenborg $33.00; Franklin Ruhl $12.00; John Ramer $12.00; Louis Parker $22.50; Gordon Danuser $14.70; Becky Meredith $12.00; Marcia McCally $12.00; June Fiksdal $12.00; Sharon Kelly $32.00; Robert Elkins $44.90; Sheila Peterson $12.009 Robert Martins $18.00; Janet McDonald $29.50; Harry Nordstrom $12.00; John Kolpitcke $68.20; Catherine Anderson $21.00; Genevieve Ewert @12.00; Fern McKnight $12.00; Ann Buddendorf $20..00; Theodore. Brunson $15.00; Ted Ptashne $16.00; Doris Nasby $21.00; Susan Narveson $12.00; Evelyn Warner $12.00. From the P.I.R. Fund: Comfortol $18.24. From the Bridge Fund: J. A. Mitchell Welding Co. $126.00. Mr. Austin A. Mariam of 424 - 6th Street S. W. was present and presented a petition, with 25 signatures, requesting the following change in the proposed new Rochester Zoning and land Use Ordinance That the north -south line between proposed R14 and P2 zoning areas (insofar as the two blocks enclosed by Fourth Ave. S14 on the east, Fifth Ave. SW on the west, Fifth St. SW on the north, and Seventh St. SW on the south, legally described as Blocks 4,and 5 of Head and M,cMahon's Addition, and Blocks 4 and 90 of Original Rochester Plat are concerned) be moved approximately one half block east from approximately the north -south alley in the center of these two blocks to coincide exactly with 4th Ave. S.W. This would then mean all property presently zoned Residential in these 2 blocks would then have R-2 Zoning when the new ordinance is adopted. A was made by Hanlon, second by Perry, that this petition be accepted and be considered motion • Record of Official Proceedings of the -Common Council of the City of Rochester, Minn., November 2, . 1964 47D, 1 1 1 • 1 when the other various petitions are considered; .all voted in favor thereof. Mr. Tom Wolf, Attorney for Silver Acres Inc., was present in regard to the Madonna Towers property,, he said they had filed a petition to vacate 21st Avenue N. W. from the north line of Rolling Greens 2nd Addition and the south line of 41st Street N. W. and also a petition requesting a variance to allow the construction of a high rise ,apartment type nursing home of 12 stories and also for the construction.of more than one building on a lot in general conformity with the,general development plan; these petitions, had been approved by the Planning & Zoning Commission and the one on vacation of 21st Avenue had been referred to the Public Works Committee; he said they would like to have this cleared up for financing reasons. It was pointed out that two other streets,in Silver Acres development had already been vacated nad if 21st Avenue were vacated there would be only one other street running completely through the develop- ment and this would not be satisfactory from a fire protection standpoint. A.motion was made by Hanlon, second by Eichten, that the petition for closing 21st Avenue be denied but that a hearing be set for 7:30 o'clock P. M. on November 16, 1964 on the requested variance and upon roll call and all voting in favor thereof, except Alderman McCaleb who voted "no", President DeVries declared the motion carried. Mr. -Robert Patterson, Attorney, was present and stated that he did not see listed on the agenda the recommendation of the City Planning,& Zoning Commission re the petition to change the zoning on part of Lot 1, Block 37, Morse & Sargeant's Addition, all of Lots 9-12, Block 7 East Rochester Addition, part of Lots 5 & 7 and all of Lots,8-,12, Block 6, East Rochester Addition from residential to commercial district, which had been tabled from the previous and therefore requested that it again be tabled until,the next meeting. Upon motion by Eichten, second by Hanlon, and all voting in favor thereof,.the recommendation was tabled until the meeting of November 16, 1964. The eecommendation of the Public Works Committee.tecommending,to the Common Council that, A._ B. A lgren, Registered Professional Engineer and Professor of Mechanical Engineering (Emeritus) of the University of Minnesota, be retained ro prepare a Heating, Ventilating, Air Conditioning and Refrigeration Code for the City of Rochester on a flat fee basis of $1,200.00 in accordance with the proposal set forth in his letter to the Chairnian, Public Works Committee, dated October 111 1964, this recommendation is made after your'Committee concluded that the Minneapolis Code cannot be properly adapted to Rochester's needs and after a consultation with Profeesor Algren which included the Heating, Ventilating and Air Conditioning Inspector and the City Attorney, was read.. Upon motion by Perry, second by Eichten, and all voting in favor ., thereof, except Alderman Day Oho voted "no", the recommendation was, approved.., The following recommendation of the. Public Works Committee was read and upon motion. by Perry, second by Hanlon, and all voting in favor thereof, the recommendation was approved and the.City Clerk was instructed to�send a copy of the said recommendation to the Rochester Town Board: 0 1476 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., November 2, ' 1964 C_A,60 �19 "The Honorable Mayor and Common Council City of Rochester Rochester, Minnesota Gentlemen: The undersigned members of the Public Works Committee have reviewed the request of the Town Board or Boehwter Township relative to making the City's sanitary sewer facilities available to township areas as set forth in the letter to the Mayor and Common Council dated August 27, 1964, from Franklin Michaels, attorney for Rochester Township. Your committee concurs with the statement of the Town Board that sewage disposal problems in Rochester Township may possibly develop into a health threat not only to the township, but also to the City of Rochester. It was the realization of this potential danger that led the Common Council to conclude, reluctantly, that it would accept annexation of the developed areas of Rochester and Marion Townships and attempt to solve their sewage disposal problems by local improvement • projects and special assessments under Chapter 429 of the Minnesota Statutes. The Town Board or Coehster Township now requests that such portions of the township as may be "feasibly" served by the City's sewage disposal system be given service by the City through extension of its sewer mains into the township areas. The Town Board does not suggest how such a project is to be financed or'paid for, but does suggest that the township should pay for "services rendered" and that the City would not be expected to carry the load. Prior to the election on annexation, various County, City and Township officials met on numerous occasions under'the auspices of the Board of Public Health and Welfare to explore alternative solutions to the problem. To the knowledge of your Committee, no satisfactory alternative to annexation was developed. Therefore, it is the recommendation of the Public Works Committee that this matter be referred backto the Town Board of Rochester Township with the request that the Board be more specific in its proposal for extension of the City's sewage disposal system into the township, and particularly, ,that the Town Board be asked to set forth the method or methods by which this extension could be financed and paid for. Respectfully submitted, PUBLIC WORKS COMMITTEE /s Larry McCaleb /s William H. Perry /s U. J. Eichten" Alderman Day introduced a resolution amending the Comprehensive Resolution adopted by the Common Council on July 21, 1958, establishing parking and parking meter regulations and pro- visions pursuant to Ordinance No. 871, as amended, as follows, was read: 1) Section (2) NO PARKING ZONES is hereby amended by changing Subsections "j",,"ds" and "de" so as to read in their entirety as follows: "j. First Street Southwest on the north side of the street between llth Avenue and 16th Avenue at all times; and on both sides of the street between 16th Avenue and East Frontage Road of Trunk Highways Nos. 14 and 52 at all times." "ds. Third Avenue Southeast on the east side of the street from • Fourth Street to a point 120 feet more or less south thereof, at all times." "de. llth Avenue Northeast on both sides of the street from Center Street to the first alley north thereof, being a distance of 145 feet more or less at all times. 2) Sebsection (b) ZONE B of Section (8) LIMITED PARKING ZONES is hereby amended by adding thereto subparapgraph 2 to read in its entirety as follows: 112. Third Avenue Southeast on the east side of the street, 60 feet more or less, in front of the premises known as 940 Third Avenue Southeast, from 8:00 a.m. to 6:00 p.m. every day except Sunday." A motion was made by Wilson, second by McCaleb, that the above resolution be adopted as read and all voting in favor thereof, President DeVries declared the said resolution duly passed and adopted. F Alderman Day intrrduced a resolution authorizing and directing the Mayor and City • • Record of Official Proceedings of the Common Council of the City of Rochester, Minn., November 2, 1964 477 1 u 1 1 • 1 Clerk to execute on behalf of the City the Agreement with the Mayo Association relative to the construction of a subway in 3rd Avenue Southwest between the Harwick Building and the Medical Science Building, which was read. .A motion was made by Perry, second by Eichten, that the said resolution be adopted as read and all voting in favor thereof, President DeVries declared the said resolution duly passed and adopted. Alderman Day introduced a resolution granting a variance to the Sisters of St. Francis under the provisions of Section 10 of Ordinance No. 558 so as to permit the construction of a nine story Research Addition to a height of 115 feet across the ends of the wings of the surgical unit of St. Mary's Hospital at 1216 Second Street Southwest, Rochester, Minnesota, said addition shall be constructed substantially in accordance with the preliminary plans accompanying the application for the variance, was read. A motion was made by McCaleb, second by Wilson, that the said resolution be adopted as read and all voting in favor thereof, President DeVries declarec the said resolution duly passed and adopted. Alderman Day introduced a resolution initiating condemnation proceedings for seven parcils of land (15 acres) for public airport purposes related to the instrument landing system for the Southeast -Northwest runway and for other public airport purposes, was read. A motion bas made by McCaleb, second by Eichten, that the said resolution be adopted as read and the names of Gerald F. Thorkelson, Theordore F. Franke and Vern Day be appointed as Commissioners, and all voting in favor thereof, President DeVries declared the said resolution duly passed and adopted. An Ordinance amending -an Ordinance 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 the City of Rochester, Minnesota, all in accordance with a comprehensive plan (new proposed zoning ordinance) was given its second reading. An informal meeting of the Common Council and Planning and Zoning Commission, was set for 8:00 o'clock P. M. on Monday, November 9, 1964 to review and discuss the new proposed zoning ordinance. An Ordinance specifically repealing certain ordinances of the City of Rochester (Nos. 254, 461, 572, 703, 682 and 800) was given its second reading. An Ordinance amending an ordinance 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•popul&ion within the City of Rochester, Minnesota, all in accordance with a comprehensive plan (changing property at 113 - 14th St. N. E. to commercial district) was given its second reading. An Ordinance amending an ordinance 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 building on lots, and • '47 Record of Official Proceedings of the Common Council • of the City of Rochester, Minn.plovember 2, 1964 the density of population within the City of Rochester, Minnesota, all in accordance with a comprehensive plan (changing Lots 6 and 7, Block 2, Garden Acres to commercial district) was given its second reading. . An Ordinance annexing to the City of Rochester, Minnesota, certain unplatted land not exceeding two hundred acres in area, all being in the Northeast Quarter of Section Twenty- eight, Township One Hundred Seven North, Range Fourteen West, Olmsted County, Minnesota (Northrdige).was given its third and,final reading. A motion was then made by Perry, second by Day, that the said ordinance be adopted as read and all voting in favor thereof, President DeVries declared the said ordinance duly passed and adopted. • An Ordinance annexing to the City of Rochester, Minnesota, certain unplatted land in the Northeast Quarter of Section Twelve, Township Onp Hundred Six North, Range Fourteen West, Olmsted County, Minnesota, which is completely surrounded by land within the municipal limits of the City of Rochester, Minnesota (Brookside Cabins) was given its third and.final reading. A motion was then made by Hanlon, second by Wilson, that the said ordinance be adopted as read and all voting in favor thereof, President 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 Three, Township,One Hundred Six North, Rpnge Fourteen West, Olmsted County, Minnesota, which is completely surrounded by land within the Municipal Limits of the City of Rochester, Minnesota (properties owned by Trade Mart, Robert Biegelow, Stella Kvamme, Alfred Bigelow, Donald Brandley, Cara Basset and D. Munger) was given its third and final reading. A motion was made by Perry, second by Hanlon, that the ordinance be adopted as read. Mr. Al Ia.rson of the Trade Mart was present and requested .that action on this be deferred for a time to allow him to dispose of some his merchandise and to prepare for inspection for insurance purposes and suggested that it be deferred until May 1, 1965. A letter from Mr. and Mrs. Robert Bigelow opposing the annexation was read. It was reported that Mrs. Cora Bassett also opposed the annexation. Mr. Donald Brandley was also present and requested that the annexation be .deferred until spring. After hearing those present a motion was made by McCaleb, • second by Day, that this ordinance be tabled until January 4, 1965 and all voting in favor thereof, President DeVries,declared the motion carried. An Ordinance amending an ordinance entitled, "An Ordinance providing for the licensing, supervision, inspection and enforcement of heating, air-conditioning and ventilating, in the City of Rochester (Ordinance No. 629 to be amended by adding thereto Section 15.5) was given its second reading. An Ordinance annexing,ot,thq City of.Rochester, Minnesota, certain unplatted lands not exceeding two hundred acres in area and all being in the Southeast Quarter of Section Three, Township One Hundred Six North, Range Fourteen West, Olmsted County, Minnesota (property at 908 - 17th Avenue S. W.) was given its first reading. Upon motion by Wilson, second by Hanlon, and upon roll call and all voting in favor thereof, the rules were suspended and the • Record of Official Proceedings of the Common Council 479 , of the City of Rochester, Minn., November. 2. - 1964 ordinance was given its second reading. Upon motion by Wilson, second by McCaleb, and aA&n roll call and all voting in favor thereof, the rules were suspended and the ordinance was given its third and final reading. A motion was then made by Wilson, second by Hanlon, that the said ordinance be adopted as read, and all voting in favor thereof, President DeVries declared the said ordinance duly passed and adopted. An Ordinance amending an ordinance 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 the City of Rochester, Minnesota, all in accordance with a comprehensive plan (changing St. Mary's property to multiple dwelling district) was given its first reading. Upon motion by Hanlon, second by Eichten, and upon roll call and all voting in favor thereof, the rules were suspended and the ordinance was given its second reading. Upon motion by'Hanlon; second by Wilson, and aupon roll call and all voting in favor thereof, the rules were suspended and the ordinance was biven its third and final reading. A motion was then made by Hanlon, second by Wilson, that the said ordinance be adopted as read, and all voting in favor thereof, President DeVries declared the said ordinance duly passed and adopted. 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 (property owned by Pruitt, Payne, Martin, Gambill, Thye), was given its first reading. The recommendation of the Public Safety Committee (signed by James Wilson and D. Dewey Day) that a permit be'granted for aone-way driveway skewed 45 degrees 16 feet in width off of the westbound lane of 5th St. N. W. onto the Oxendale Pontiac car lot on the north side of 5th Street N. W. approximately 600 feet west of the west line of llth Avenue N. W.; all cost: of this driveway construction and any modifications on 5th St. N. W. incidental to its constr- uction shall be borne by the adjacent property; this permit does not in any respect surrender the authority of the Council to prohibit or regulate access or incress onto 5th Street N. W. • and the continuance or termination of this permit will be entirely at the discretation of the City Council and the City Attorney be directed to prepare a resolution to this affect and after its adoption have it filed with the Register of Deeds, was again read. A motion was made by Wilson, second by Day, that the recommendation be approved; upon roll call Day and Wilson voting "aye", Eichten, Hanlon, Perry and DeVries voting "no" and McCaleb abstaing, President DeVries declared the motion defeated.. The recommendation of the Public Safety Committee (signed by James Wilson and D. Dewey Day) that a permit be granted for a right angle 28 foot driveway into and off of the westbound lane of 5th Street N. W. to the Clarence Johnson property on the north side of 5th Street N. W. just west of llth Avenue N. W. said driveway to be located 100 feet west of the west line of llth Avenue N. W., all costs of this driveway construction and of modifications, 40 Record of Official Proceedings of the Common Council of the City .of Rochester, Minn., November 2, 1964 including curb and gutter, on 5th.Street N. W. incidental to its construction shall be borne by the adjacent property; this permit does not in any respect surrender the authority of.the Council to prohibit or.regulate access or ingress onto 5th Street N. W..and the continuance or termination of this permit will be entirely at the discretion of the City Council; the City Attorney is directed to prepare a.resolvtion to this effect and after -its adoption have it filed with the Register of Deeds, was again read. A motion was made by Day, second by Wilson, that the recommendation be approved and upon roll call, Day and Wilson voting "aye", Eichten, Hanlon, Perry and DeVries voting "no" and McCaleb abstaining, President DeVries declared the motion defeated. Alderman Day brought up the matter of granting permission to Northwestern National Bank to erect two signs on their new drive-in bank building and suggested that,a variance to _ the ordinance be granted allowing erection of these signs (as presently planned these signs do not meet the requirements or conform to the City Sign ordinance No. 747). R. V.Ehrick, City Attorney stated,that there was no provision for variance under this ordinance. Alderman McCaleb stated that he felt these two signs were a part of the canopy and they complied with the canopy regulations, so he moved that they be authorized to erect the signs as a part of the Canon the canopy, his motion was lots for want of a second. After furtherdiscussion a motion was made by Eichten, second by Perry, that this matter be taled until the next meeting (in the Efi meantime, The City Attorney and Building Inspector were to get together and prepare an amendment to the Sign ordinance which would permit erection of such signs); all voted in favor thereof. E motion was then made by Wilson, second by Eichten, that the meeting be adjourned. All voted in favor thereof, except Day and Hanlon who voted "no". L Catty Clerk • I- I • 1 •