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HomeMy WebLinkAbout12-07-1964. Record of Official Proceedings of the Common Council of the City of Rochester, Minn., December 7, 1964 497 1 • 1 1 • 1 Minutes of a regular meeting of the Cannon Council of the City of Rochester, Minnesota, held in the Council Chambers, in the City Hall in said City, on December 7, 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. Absent Alderman McCaleb. Upon motion by Wilson, second by Day, and all present voting in favor thereof, the minutes of the meeting of November 19, 1964 were approved. President DeVries stated this as being the time and place set for receiving and opeining bids for the following projects: Bids to install sanitary sewer and water main (for future -use) across the right-of- way of Trunk,Highway 52 in the SEk NE'k of Section 10-106-14. Only one bid was received, that of Carlisle G. Fraser, Inc. C. A. Armstrong, City Engineer, stated that this project would not be constructed this fall because of the weather. In view of the fact that this would not be installed until next spring and because only one bid was received, a motion was made by Eichten, second by Perry, that this project be deferred until a later date and that the bid be returned unopened to the bidder; all present voted in favor thereof. Bids for construction of sanitary sewer and water main in North Skyline and West Froqtage Road of T. H. 52 to Lot 55, North Sunny Slopes. Only one bid was received, that of Carlisle G. Fraser, Inc. C. A. Armstrong, City Engineer, stated that this project would not be constructed this fall because of the weather. In view of the fact that this would not be installed until next -spring and because only one bid was received, a motion was made by Perry, second by Eichten, that this project be deferred until a later date and thSt the bid be returned unopened to the bidder; all present voted in favor thereof. The Mayor's reappointment of Mr. John F. Brengman of 1248 Fifth Avenue Southeast as a member of the Planning and Zoning Commission; the term of office is for three years and will expire December 31, 1967, was read. Upon motion by Perry, second by Eichten, and all present voting in favor thereof, the reappointment was approved. The Mayor's reappointment of Mr. Joe Cooley of 3929 Third Place Northwest as a member of the,Planning and Zoning Commission; the term of office is for three years and will , expire December 31, 1967, was read. Upon motion by Perry, second by Wilson, and all present voting in favor thereof, the appointment was approved. The Mayor's reappointment of Mr. Kenneth Rohde of 1418 Ninth Avenue Northwest as a member of the Planning and Zoning Commission; the term of office is for three years and will expire on December 31, 1967, was read. Upon motion by Eichten, second by Perry, and all present voting in favor thereof, the appointment was approved. A notice from the Minnesota Municipal Commission of a hearing in the matter of the petition for annexation of certain land in Allendale Subdivision to the City of Rochester, t hearing to be held at 10:30 a.m. on December 15, 1964, was read and President DeVries ordered the same placed on file. 0 I 498 Record of Official Proceedings of the ' Common Council • of the City of Rochester, Minn., December 7, 1964 CA760713 ' A copy of a notice from the Commissioner of Taxation, of a hearing to be held at 2:00 P. M. on December 10, 1964 in Room 200 of the Centennial Office Building, St. Paul, Minnesota, j I on the application of the City of Rochester that Lots 1,2,3,4,5 and 6, Block 21, Original Plat i be exepted from taxation for the year 1963 for the'reason that this property is being used as Parking Lot #3, was read. President DeVries ordered the same placed on file. ;i °A letter from the Board of Park Commissioners stating that on August 11, 1964 the Board �I of Park Co issioners presented to the Safety Committee a resolution requesting establishment of fee parking on Mayo Civic Auditorium Parking lot, together with certain equipment necessary for operation of this lot, and they now request that action on this resolution be deferred until a later date, was read. Upon motion by Wilson, second by Eichten, and all present voting in favor thereof, the request was approved'and the matter was deferred until a later date. The -summons and complaint of Ronald F. Kazos, Plaintiff vs City of Rochester, a Municipal Corporation, Defendant in the ainount of $16,000.00 was read and upon motion by Wilson, second by Perry, and, all present voting in favor thereof, the same was referred to the City Attorney: ' A notice from the Continental Insurance Companies of Non -Waiver of Rights re: 34 GL 19414 City of Rochester vs Robert Dashow, was read and upon motion by Eichten, second by Day, and all present voting in favor'thereof, the same was referred to -the City Attorney. A letter from the Town House, Inc. requesting that a'"Loading Zone Only" sign be placed in front and cover the two metered sprits after the normal downtown -business day is completed, in front of their business at 10 First Avenue S. E., 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 notice from the University of Minnesota, Center for Continuation Study, of a conference for newly elected Mayors and Councilmen to be held on Saturday, January 9, 1965, was read. Upon motion by Perry, second by Wilson, and all present voting in favor thereof, any Alderman or the Mayor were authorized to attend at city expense: A letter from R. HoFerguson, M. D. requesting permission to'connect Lots 20, 21, 22, 23, Block 1, College View Addition to the city water and sewage -lines was read. This property was not in'the City but there is a petition at the present time requesting that it be annexed. The recommendation of the City Plannifig & Zoning Commission stating that they had reviewed the s petition to annex lots 20-23, Block 1, College Vier Addition and recommend that the property be annexed subject to the City acqu£ring a five foot utility easement along the east line of said lots and including the east half of 14th Ave. S.W. in the annexation description was read; upon motion by Perry, second by Wilson, and all present voting in favor thereof, the recommendation was accepted and the City Attorney was instructed to prepare an ordinance annexing the said land. A motion was then made by1I Wilson, second by Day, that the Public Works Committee and City Engineer be authorized and instructed to issue a permit allowing the connection of Lots 29-23, Block 1, College View Addition to the city sewer and water; all present voted in favor thereof. • 1 • 1 Record of Official Proceedings of -the Common. Council of , the City of Rochester, Minn., December • 7, 1964 4991 1 • 1 1 • 1 A letter signed by Viktor 0. Wilson, M.D., Medical Director, in relation to the petition for annexation of a piece of land, 3.3 acres in Allendale Subdivision, Cascade Township, as -follows, was read; the First Christian Church acquired the above described property for the purpose of building a church with plans contemgilating facilities for meetings, etc.; the conditions of the soil on this property are such that the performance of a private sewage disposal system is very questionable; the back of this property is a natural drinage,area, and the nature of the vegetation is a clear indication of low absorption of liquids into the soil; the Health Department records,show that in the past several sewage disposal systems installed in the Allendale neighborhood have failed and additional systems had to be placed in order to avoid the sewage nuisance created by the failing sewage disposal system; all this information was given to the members of the First Christian Church and recommendation was made to seek the. services of the City sewer system.as,a better solution than to install a private sewage disposal system, consequently, this health department justifies and strongly recommends the annexation to the City of Rochester of this piece of land in order to make available to this property the City sanitary facilities.. Also, a copy of ,aletter from the Joint Rochester -Olmsted ,County Planning Commission to the Minnesota Municipal Commission in St. Paul, Minnesota requesting that the public hearing, which the Minnesota Municipal Commission has scheduled for Debember 15, 1964, on the.petition to annex -to the City of Rochester p portion of Lots 2� and 23, Allendale Subdivision be postponed until_some convenient time after January 15, 1965, so that they might have time to prepare and adopt a general development plan for the Allendale Subdivision to be used as a guide for future expansion in the area, was read. .A motion was then made by,Day, second by Eichten, that the letters be placed on file and the City Clerk,be instructed to write to the Municipal Commission, on behalf of the Common Council, and request that the hearing set for December 15,.1964 at 10:30 R. M. on the petition,to annex a portion of Lots 22 and 23, Allendale Subdivision to the City of Rochester be delayed until after January 15, 1965; all pre- sent voted in favor thereof. A letter signed by John S.,Gowan, Attorney for Gerhard Betcher owner of Lot 11, Edgewood Addition, requesting that his property be zoned M-1 or at the very least B-3 instead of R-2 as shown in the new proposed Zoning Ordinance was read. Upon motion by Perry, second by Day, and all present voting in favor thereof, the letter was referred to the Planning & Zoning Commission. . A letter signed by Ed Millenacker stating that he has a parcel of land presently platted as commercial that he has been using as a used car and house trailer sales lot for the past year and the new Zoning Ordinance will thange this property (Lot 16, Block 3, Northgate Addition) to R-2 medium density and requesting that phis property_ be kept commercial, was read. Upon motion by Perry, second by Wilson, and all present voting in favor thereof, the letter was referred to the Planning & Zoning Commission. The application signed by E.A. Rundell, Jr. for final plat approval of Northridge 500 Record of jilofficial Proceedings of the Common Council •of the City of Rochester, Minn., December 7, 1964 CA-60713 First Subdivision and the application signed by Leon -and Ethel Joyce, Builders land Company, Quarve and Anderson Company and The First National Bank of Rochester for estate of Frederick J. Furlow, dec'd to have lands in the SWk and SE'k Section 33-107-14 and in NE'k of Section 4-106-14 annexed to the City of Rochester, were each read. Upon motion by Wilson, second by Eichten, and all present voting in favor thereof, the two applications were referred to the Planning & Zoning Commission. The City Engineer's estimate in the amount of $18,792.40 for construction of sanitary sewer and water main in North Skyline and West Frontage Road of T. H. 52 to Lot 55 North Sunny Slopes was read and President DeVries ordered the same placed on file. The City Engineer's estimate in the amount of $5,636.80 for construction of sanitary sewer and water main (for future use) across the right-of-way of Trunk Highway 52 in the SE'k NEk Section 10=106-14 was read and President DeVries ordered the same placed on file. A petition signed by Ray McKinney, Ralph Zrust, David Dee, A. M.,Ackerman and Ray Stevens requesting that the property along the belt line, from 5th Avenue to 8th Avenue on 12th Street S. E. be left as commercial property was read. Upon motion by Perry, second by Hanlon, and all present voting in favor thereof, the petition was referred to the Planning & Zoning Commission. A letter. from the Board of Public Health & Welfare requesting authorization of an expenditure up to $1,500.U0 for architectural services for the remodeling, etc. work at the Public Health Center instead -of using it for the building addition survey as previously planned, was read; a motion was made by Hanlon, second by Wilson, that permission be granted. A motion was then made by Perry, second by Hanlon, that this letter be tabled until the evening meeting, and all present voted in favor thereof. A letter from the United States Conference of Mayors forwarding the statement dovering the city's annual membership and service fee in the United States Conference of Mayors for 1965, :was read. Upon motion by Perry, second by Eichten, and all present voting in favor thereof, the letter was ordered placed on file and the City Clerk was authorized,and directed to make the payment for the dues for 1965 in the amount of $100.00.. A letter from the American Municipal Association submitting a bill for the dues for 1965 in the American Municipal Association for $250,00 was read. Upon motion by Perry, second by Wilson, and all present voting in favor thereof, the letter was ordered placed on file and theCity Clerk was authorized and directed to make the payment for the 1965 dues in the amount of $250.00. Mayor Smekta then read the following letter: "Honorable Mayor Alex Smekta City Hall Rochester, Minnesota At the regular meeting of the Public Utility Board on November 24, 1964 the Board by resolution hereby informs you that the Utility Board is read -and willing -to assume the administration of the Sewage Department if this is the desire of you and the Common Council. The resolution stipulates that the transfer should take place prior to any commitments for expansion. Very 'truly yours, _ - /s Everett V. Fisk, Secretary" - > Mayor Smekta recommended that the Couficil instigate the transfer of the Sewage Disposal Plant 1 • 1 1 L� Record of Official Proceedings of the Common Council of the City of Rochester, Minn., December 7, 1964 501' CA-60719 soon and if possible do it by the first of the year., A motion was then made by Hanlon, second by Perry, that the Public Works Committee and City Attorney prepare an ordinance -affect ing the transfer of the Sewage -Treatment Plant to the Public Utility Department; all present voted in favor thereof. Upon motion by Hanlon, second by Perry, and all present voting in favor thereof, a fifteen minute recess was declared at 3:30 P. M. President DeVries called the meeting to order again at 3:45 P. M. with all members being present, except Alderman McCaleb. The following recommendation of the Joint Rochester -Olmsted County Planing Commission was read and the same was tabled until the evening meeting when there was a hearing scheduled on this project: "Honorable Mayor and _ Common Council City of Rochester, Minnesota _ ~ Re: Petition to Change the Zoning Districting on Clements Chevrolet Property On the South Side of U. S. #14-52 from the Residential District to the Commercial District - Gentlemen: At a meeting of the Joint Rochester -Olmsted County Planning Commission held on November 30, 1964, consideration was given to the alternative General Development Plans for the Baihly Property S. W.-of which the above proposed zoning districting change is a part. We wdnt into the question of what would be the best.use of this land from an overall community development point of view, however, we were unable to reach a decision. The Joint Commission felt that inasmuch as this was,the first time that this Commission has been involved in any discussion of this subject, that more time is needed to reach agremment on an acceptable general development plan for this area. The Joint Planning Commission has instructed the City and County - Planning Directors to work together on the preparation of a general development plan for this area and to have it ready to be presented to the Joint Planning Commission not later than February 1, 1965. Recognizing the act of Zoning Districting as an act of plan implementation, we wish to urge and recommend to the Common Council of the City,of,Rochester that any further action on the petition to change the zoning districting of the Clements Chevrolet Property in this area be tabled until after February 1, 1965, when we will have a general plan prepared for this area. Your favorable consideration of this recommendation will do much to enhance the planned future gtowth and development of this area in keeping with as high development standards as are reasonably acceptable by the community. Respectfully submitted, JOINT ROCHESTER-OIMSTED COUNTY PIANNING COMMISSION /s Robert Badger, Chairman" • v The following recommendation of the Planning & Zoning Commission was read and upon motion by Day, second by Wilson, and all present voting in favor thereof, the recommendation was accepted and the changes were authorized to be made: Honorable Mayor and Common Council City of Rochester, Minnesota Re: Revisions to the Text of the Proposed Zoning Ordinance Gentlemen: ~ The -City Planning and Zoning Commission at a special meeting held November 0 '23, 1964 considered -proposed revisions to the lot area requirements of the proposed Zoning Ordinance, and we recommend that the following 'revisions be made: R-1.District• _ 1. -Change the minimum Lot Area of Paragrap1v21.04 in the R-1 District - from .6,5,00 sq. ft..to 6,000 sq. ft. 50 i Record of Official Proceedings of the Common Council • of the City of Rochester, Minn., December 7, 1964 CA•60713 R-2' -District: 1. Change the minimum Lot Area and Lot Area Per Family of Paragraph 22.04 in the R-2 District as follows: Lot Area (S.F.) Lot Area Per Family (S.F.) One Family change-6,000 to_5,500 change 6,000 to 5,500 Two Family change 7,000 to 6,000 change 3,500 to 3,000 Three Family change 8,000 to 6,500 change 2,650 to 2,150 Four Family change10,000 to 8,000 change 2,500 to 2,000 Community Development Projects change 2,500 to 2,000 2. Change the minimum Lot Area per Dwelling Unit of Paragraph 22.041 in the R-2 District for one bedroom dwelling unit from 1,500 sq. ft. to 1,250 - sq. ft. 3. Add the following paragraph to the R-2 District: 22.042 Lot Frontage Waived: The minimum lot frontage shall be waived on any lot of record which is in the R-2 District as of the effective date of this Ordinance, and a four (4) family dwelling shall be permitted on such lot of record provided that the area of the lot complies with the minimum lot area requirements of the R-2 District R-3 ,District• 1. Change the minimum Lot Area and Lot Area Per Family of Paragraph 23.04 in the R-3 District as follows:, Lot Area (S.F.) Lot Area Per Family (S.F.) One Family change 6,000 to 5,500 change 6,000 to 5,500 Two Family change 7,000 to 6,000 change 3,500 to 3,000 Multi Family c change 8,000 to 7,500 change 2,000 to 1,500 Community Development Projects change 2,000 to 1,500 . 2. Change the minimum lot area per dwelling unit of Paragraph 23.041 in the R-3 District for one bedroom dwelling units from 1,500 sq. ft. to 1,250 sq. ft. .3. .Add the following paragraph to the R-3 District: 23.042 Lot Frontage Waived: The minimum lot frontage shall be waived on any lot of record which is in the R-3 District as of the effective date of this Ordinance provided that the area of the lot complies with the minimum lot area requirements of the R-3 District. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION Is W..W. Hendricks; President Pro Tempo The following recommendation was read and upon motion by Wilson, second by Eichten, and all present voting in favor thereof, the same was accepted and the proposed changes were Hsu authorized: "Honorable Mayor and _ Common Council City of Rochester, Minnesota Red Revisions to the Zoning -Districting Map -in -the -Proposed Zoning Ordinance Gentlemen: The City Planning and Zoning Commission at a special meeting held November 13, 1964 reviewed the various letters which have been received recently which request revisions to the Zoning Districting Map in the Proposed Zoning Ordinance. After careful study of these requests, we recommend that the following revisions to the Zoning Districting Map be approved: - 1. Change Lots 1-32, Block 1 and Lots 1-18, Block 2, Northgate 35 3rd Addition to the B-lb district. 2. Change Lots 16 & 17, Block 3, Northgate Addition to the B-lb District. 3, Change Lots 1 & 2, Block 10, Goodings Addition to the B-3 District, 4. Change Lots 1-10, Block 6, Northgate 3rd Addition to the R-3 District. 5. Change all that part of Block 11 & 14, Elliot's Addition which lies south of 5th St, N. W. to the R-2 District, 6.- Change Lots 4-12, Bloc, 38, Northern Addition to the M-1 District. 7. -Change the N..E. Cornea of 1st Ave. .& 14th.St. N.-E. to the B-lb District less the South 70 ft. of this property which will remain in the R-1- District. 1 40 1 1 is 1 • • Record of Official Proceedings of theCommon Council of the City of Rochester, Minn., December 7, 1964 503 1 1 1 • 1 8. Change all that part of Lots 10-12, Block 59, Original Plat which lies south of the C & G..W. R.R. to the R-4 R-4 District. 9. Change Lots 1-6, Block 46 and Lots 7-12, Block 47, Original Plat to the B-2a District. 10. Change Lots 11 & 12, Block 16, Head & McMahon's Addition to the R-4 District. 11. Change W 293.0 ft. of the No. 330 ft. of Lot 49,�State Subdivision of School Section 36, T107N, R14W less Lots 2,3,6, & 7, Block 1, Wests Subdivision to the B-la District. We further recommend that the following requested revisions be denied: 1. Request to change the West side of 4th Ave.-S.W. from 5th St. S.W. to 7th St.. S.W. to the R-2 District (Area will remain -in R-4 District). 2. Request to change the N. E. corner of 4th St. S.E. & 6th Ave..S.E. to. the B-1 District (Area will remain in R-3 District). 3. • Request to change .the North side of 9� St., S.. E.. from the C. & G. W. R.R. to the West line of the Olmsted Medical -Group to the R-2 District - (Area to remain in R-4 District) Respectfully submitted, CITY PIANNING AND ZONING COMMISSION /s Kenneth Rohde, Vice President" The recommendation of the City Planning and Zoning Commssion stating that they had reviewed the petition to change the zoning districting on Lots 1-7, Rubow's Sunrise Additions from residential to industrial district and find that this request is in accord with the City's adopted land use plan and therefore, recommend that the petition be granted approval, was read. Upon motion by Eichten, second by Wilson, and all present'voting in favor thereof, the recommendation was accepted and a hearing on the prop&sed zone change was set for 7:30 P. M. on January 4, 1965. The recommendation of the Finance Committee that the request of the Board of Park Commissioners for the $4,000.00 amount left out of the Permanent Improvement Fund Budget be reinstated therein; it was the intention of the budget committee at the time of setting up the budget that this $4,000.00 amount for sanitary facilities at Eastwood Park be included but thru the elimination of items was coossed off, was read. Upon motion by Perry, second by Hanlon, and all present voting in favor thereof, the recommendation was approved. The recommendation of the Finance Committee that the request of the Chief of Police that Detective James Ryan and Juvenile Officer Melvin Mertz to attend, at city expense, the Criminal Investigation Course conducted by the Police Training Division, State Crime Bureau at the Highway Training Center, New Brighton, Minnesota from December 7-11, 1964 be approved, was read. Upon motion by Perry, second by Hanlon, and all present voting in favor thereof, the recommendation was approved. The recommendation of the Finance Committee that the request of C. A. Armstrong for approval of expenses for himself and Walter Hogenson to attend the Waste Treatment Confere at the University of Minnesota on December 11 and 12, 1964 be approved, was read. Upon motion by Perry, second by Hanlon, and all present voting in favor thereof, the recommendation was approved. The --recommendation of the Finance Committee stating that Mrs. Laden Engebretson, Clerk of Municipal -Court, has recently undergone surgery and is expected to be out from work for four to six months; Judge LaPlante has indicated that he will appoint Mrs. Lois Nelson present Deputy Clerk to the Clerk of Court Position during Mrs. Engebretson's Absence; in addition to C� Record of Official Proceedings of the Common Council of the City. of - Rochester, Minn., December 7,. 1964 CA-60713 to the normal responsibilites of this position Mrs. Nelson will be carrying,an unusually heavy work load as she will be the only experienced person in that office after January 1, as the bookkeeper will be leaving at that time; in view of these circumstances, the Finance Committee recommends that the Coumnon.Council.authorize payment of the present salary of Mrs. Engebretson of $414 per month to Mrs. Nelson effective December 1, 1964, and until Mrs. Engebretson returns to the Clerk of Court position, was read. Upon motion by Eichten, second by Perry, and all -present voting in favor thereof, the recommendation was approved. The recommendation of the Public Safety Committee stating that they had considered the request of certian parents of the Folwell School area for a traffic,signal at the inter- section of 14th Avenue and 6th.Street S. W. and recommending (1) that no signal be installed at this location (2) that Ordinance #1278 be amended to provide for an additional School Traffic Supervisor and that this School Traffic Supervisor be assigned to protect this crossing; (3) that a resolution be passed requesting the Minnesota State Highway Department to make a study on 14th Avenue S. W. from 2nd Street South to the East Frontage Road (4) that the Police Department and the City Engineer inspect this general area to determine whether or not adequate and appro- priate signs exist to advise motorists of the location of this School Crossing, was read. Upon motion by Wilson, second by Perry, and all present voting in favor thereof, the recommendation was approved and the City Attorney was instructed to prepare an ordinance amending No. 1278 and a resolution requesting the Highway Department to make a speed study. Mayor Smekta stated that he had received a request from Mr. Hanson at lawlers Dry Cleaners Plant on West Center Street to have parking meters on the north side of Broadwa the Building instead of having the no parking as it is now marked. Chief of Police Macken was to check with Mr. Hanson on this matter. Alderman Hanlon stated that there were so many loading zones being granted and already established and he wondered if the City should not be making a charge for these loading zones; the Public Safety Committee was to look into this. The recommendation of the Public Safety Committee stating that they had considered the petition of certain parents of the Folwell School area requesting that the City provide an adult crossing guard at the intersection of 6th Street S. W. and the west frontage road; other measures will be taken at this location for children crossing, which the City believes will not require the assingment of an adult crossing guard, was read. Upon motion by Day, second by Wilson, and all present voting in favor thereof, the recommendation was approved. The recommendation of the Public Safety Committee stating that they had considered the request of Dr. Raymond L. Brown of.924 - 2nd Street S. W. for a passenger loading zone in front of those premises and they recommend that a passenger loading zone, thirty-five feet more or less be established at this location on -Mondays through Fridays between the hours of 8:00 a.m. and 6:00 P. M., was read,. Upon motion by Wilson, second by Eichten, and all present 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 the Northwestern I 1 1 • 1 E • Record of Official Proceedings of the Common Council of the City of Rochester, Minn., Decewuer 7, 1964 50D' 1 i 1 1 • 1 Bell Telephone Company has moved their business office from 320 - 2nd Avenue S. W. to 119 - 4th Street S. W.; they.have requested that the passenger loading zone in front of theri premises of their present business office be abolished and be re-established at their new location on 4th Street S. W.; the committee recommends that their request be approved and that the existing passenger loading zone at 320 - 2nd Avenue S. W. be abolished and be returned to metered parking', and that a passenger loading zone of seventy feet, more or less, be established in front of 119 4th Street S. W., was read. Upon.motion by Eichteg, second by Perry, and all present voting in favor thereof, the recommendation was approved and the City Attorney was.instructed to prepare a resolution making these changes effective. - The recommendation of the Public Safety -Committee stating that they had cons ed the request of Mr. Kenneth Struve, of 501 North Broadway, Struve Paint Shop, for a truck loading zone on 5th Street N. W. adjacent to this business and the committee recommends that a truck loading zone, fifty feet more or less, be established on the north side of 5th Street N.W. adjacent to the Warehouse located there, was read. Upon motion by Wilson, second by Day, and all present voting in favor thereof, the recommendation was approved and the City Attorney was instructed to parepare a resolution making these changes effective. The recommendation of the Public Works Committee stating that the matter of a petition by owners on North Broadway requesting that concrete curb and gutter be constructed on the east side of North Broadway from 16th Street N. E. to 17th Street N. E..without,any expense to the petitioners, and its reply from the M.H.D..District Engineer of November 12, was referred to this committee on November 14, 1964; in consideration of the District Engineer's reply that the Highway Department does not consider the curb and gutter necessary for the highway's needs, and that the Department does not feel that it can stand the expense of it at this time, they recommend that the petitioners be advised that the City concurs with the Highway Department's position; they mdy also be advised that they may petition for curb and gutter as a local improvement assessment project at this location in accordance with regular city procedure, or that the subject Oill be deferred until the Highway Department deems its construction necessary, was read. President DeVries ordered the same placed on file. The following recommendation of the Finance Committee was read: "Common Council City of Rochester Rochester, Minnesota Gentlemen: We, the undersigned members of the Finance Committee, hereby recommend that the request of the Rochester Development Company to defer the payment of certain sums due the City of Rochester as rent for lands (formerly designated as Municipal Parking Lot No. 1) leased by the City to the.said Rochester Development Company per lease agreement dated April 17, 1962, be granted because of initial financial haddships being experienced by the company. . Q Your Committee recommends deferment of rent as follows: of the rent due the City of Rochester each year for the five year period commencing January 1, 1965 and ending December 31, 1969, the Rochester Development Company may defer payment of up to the sum of $8,000.00 per year. The entire amount of such rent deferred shall be due and payable to the City on January 1, 1970, without interest. This provision for deferring payment of certain rent is made on the following conditions: 0 1506 Record of Official Proceedings of the -Common Council of the City of • Rochester, Minn., December 7, 1964 . CA=60719 fill (1) That -if -the financial position of the Rochester Development Company improves to such an extent that it could, and in good faith should, avoid • deferring rent payments or could and should pay -rent already deferred, then payment of such rent shall not be deferred or,shall be repaid, as the case . may be, at -such time prior to January 1, 1970, as the financial condition of the company warrants. • (2) That no payment of principal or interest shall be made to unsecured holders -of the company so long as any portion of the rent deferred as above provided remains unapaid. - Respectfully submitted, /s David G. Hanlon, Chairman /s William Perry, Member Alderman Day -also a member of the Finance Committee did not -sign the recommendation, he stated that he did not sign the recommendation because he did nQt feel that there should be no interest; he • felt interest should be charged. Alderman Hanlon stated that they could not see that the status in the next year would be much different and the problem would be pretty much the•same as now; he did•not think we should review this annually and took as a maximum of five years, what is being deferred would be gotten back, we give them -the interest and this is the only, concession we will make. A motion was made by Hanlon, second by Eichten,-that the recommendation be approved as read and upon roll call, all present voting "aye" except Alderman Day who voted "no", President DeVries declared the motion carried and the recommendation approved. -The applications of Dolly Waitikowich-for a cigarette license, a soft drink license and an 'off sale" 3.2 beer license were each read. .A motion was -made by Wilson that the licenses be approved. His motion was lost for want of a second. A motion was then made by Hanlon, second by Perry that the applications be referred to the Public Safety Committee for study and recommend- ation. - -The application of Lysne Construction, Inc. for a permit to move a house was read. .A motion was made by Day that the application be approved subject to the approval of the City Engineer and the Building Inspector. His motion was lost for want of a second. The matter of sewer serving these houses that are moved to different locations was discussed. A motion was made by Hanlon, second by Eichten, that this application be tabled until a report comes back from the Public Works Committee, the Building Inspector and the City Engineer. .All present voted in favor thereof. Trans-- • The contract bond of Carlisle G. Fraser, Inc..in the amount -of $9,293.50 with the american Insurance Company as surety was read. -Upon motion by Hanlon, second by Eichten and all vo voting in favor thereof the same was referred to the Mayor for his approval. - - The report of -the C•ityTreasurer for the month of November, 1964 was read and President DeVries ordered the same placed on file. - The reports of the Building Inspector showing $1,950.00 collected for building permits - issued;,of the Electrical Inspector showing $591.00 collected for electrical permits issued; of the Plumbing Inspector showing�$119.25 collected for plumbing permits issued; of the -Heating Inspector showing $409.00 collected for -heating permits issued and $4.95 collected for sign permits were each read and President DeVries ordered thersame placed on file. The report of the City Weightmaster for the month of November, 1964 showing $107.65 collected for loads weighed was read and President DeVries ordered the report placed on file. - i • Record of Official Proceedings of the Common Council of the City of. Rochester, Minn., December 7, 1964 507 • 1 1 • 1 The reports of the Clerk of Municipal Court for the week en`dift November-13; 1964 showing $2,756.00 total criminal fines and costs collected and $27.50 Civil Fees received and"$1,943.50 remitted to the City Treasurer; for the week ending November 20, 1964 shovYing total criminal fines and costs collected $2,953.00, $25.50 civil fees received and $2,183.50 remitted to the City Treasurer; for the week ending November 27, 1964 showing $3,132.00 totdl criminal fines and costs collected, $31.00 civil fees received and $2,148.00 remitted to the City Treasurer were each read and President DeVries ordered the same placed on file. Alderman Wilson moved that the'17 resolutions appropriating city funds for various pur- poses be considered by the Common Council as a -single group; each alderman having previously examined each individual resolution* Alderman Perry'seconded the motion and all present voted in favor thereof. A motion was then made by Wilson, second by Hanlon that the following 17 resolu- tions be adopted as read and all present voting in favor thereof, President DeVries declared'thd said resolutions duly passed and adopted: 1. Resolution appropriating $874.15'from the General Fund; $873.48 from the Street & Alley Fund; $709,03 from the Fire Protection"Fund; $367.07 from the Sewer'Fund and $2.37 from the Police Protection Fund and ordering payment made to Big Four Oil Company, $307.65; Peoples Natural Gas Company, $516.70; H. Dornack & Sons, $425.99 and General Fund,'$.1,575.76. Upon motion. 2. Resolution appropriating $8,574.77 from the General Fund'and ordering payment made to Texaco, Inc., $2,932.55; Rochester Sand & Gravel Company,- $4,300.59; A. B..rAlgren, $300.00 and Peoples Cooperative Power Association, $2,041.63.- 3. Resolution appropriating $44,330.28 from the General Fund and ordering payment made to Public Employees Retirement Association $40,000.00; City of Rochester, Minnesota, $2,376.00; Park Department, $1,171.80; Karl Postier, Treasurer Olmsted County, $578.14 and National Chemsearch Corporation, $204.34. Upon motin. 4. Resolution appropriating $1,010.10 from the following Funds: Street & Alley $431.7l'; Fire Protection $293.40 and Parking Meter t$285.00 and ordering payment made to Minnesota Mining and Manufacturing Company, $285.00; Mankato -Fire & Safety, $293.40; Hall Equipment'Company, $229.72 and McQueen Equipment, Inc., $201.98. 5. Resolution appropriating $3,898.48 from the Police Protection Fund and ordering pay- ment made to Universal Ford Sales $239.23; Leon Joyce Construction Company, $2,600.00; Cronin Peterson, $370.15 and Powell & Sullivan $689.10. 6. Resolution appropriating $999.80 from the Sewer Fund and ordering payment made to' Lyon Chemicals Company, $499.80 and Fadden Pump Company, $500.00. 7. Resolution appropriating $561,325:00 from the Sinking Fund and $814.25 from the General Fund and ordering payment ma de to Central National Bank of Chicago $21,405.00; Morgan Guaranty Trust Company, $339,007,25; American National Bank of St. Paul $42,913.75 and First ' National Bank of Chicago $158,813.25. 8. Resolution appropriating $8,842.31 from the P.I.R. Fund and ordering payment made to C. G. Fraser, Inc 9.' Resolution appropriating $13,50905 from the P.I.R. Fund and ordering payment made 508 Record of Official Proceedings -'of the Common Council of the City -of Rochester, Minn., December 7, 1964 to Carlisle G. Fraser, Inc. 10. Resolution appropriating $247.61 from the P. I. R. Fund and ordering payment made to Carlisle G. Fraser, Inc. 11. Resolution appropriating $1,188.77 from the P. I. R. Fund and ordering paymdne tmade to Carlisle G. Fraser, Inc. 12. Resolution appropriating $6,539.72 from the P. I. R. Fund and ordering payment made to Carlisle G. Fraser, Inc. 13. Resolution appropriating $1,348.00 from the P. I. R. Fund and ordering payment made to Agneberg, Sankstone & Associates, Inc. Upon motion made and seconded, resolution adopted. 14. Resolution appropriating $3,131.10 from the M. C. A. Fund and $178.92 from the _ Lighting Fund and ordering payment made to First National Bank $1,933.16 and City of Rochester, P. U. $1,376.86. 15. Resolution appropriating $872.93 from the General Fund, $226.91 from the Fire Protection Fund, �6.00 from the Bridge Fund, $10,871.03 from the Lighting Fund; $3,886.57 from the Street & Alley Fund, $728.28 from the Sewer Fund, $493.04 from the Police Protection Fund and $381.16 from the Parking Meter Fund and ordering payment made to Street & Alley Fund, $4,380.02; City of Rochester, P. U., $llmll3.54; N. W. Bell Telephone Company, $1,222.02; H & H Electric Company, $502.02 and Ace Hardware Company, $247.32. 16. Resolution appropriating $555.60 from the Permanent Improvement Fund and ordering payment made to Marge Narveson. 17. Resolution appropriating $500.00 from the General Fund and ordering payment made to Alex P. Smekta, Mayor. 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 author- ized and directed to draw warrants upon the City Treasurer and make payments accordingly: From the General Fund: Olmsted Medical Groups, $22.50; The Mayo Clinic, $20.00; Simplex Time Recorder, $22.50; Schmidt Printing Company, $80.70; Pitney Bowes, Inc., $8.50; The Johnson Company, $17.80; Quality Printers, $9.90; Rogers, $85.39; Minneapolis Blue Printing, $94.48; Adams $5.05; Trautner Sales Company; $35.68;'International Busines Machines, $74.00; Harry Evans, Reg. Deeds, $21.80; Stockinger Cartage Company, $3.50; Sandy's Draperies, $15.75; Tom s Electric Service, $36.39; Central State Water Pollution Control, $10.00; Monroe, $56.00; Briese Steeel, $5.40; Beckley's $11.25; C. A. Armstrong, $27.05;'Walter C. Hogenson, $1.80; Construction Bulletin, $14.80; National Cash Register Company, $5.80; The Holiday Inn, $12.00; Municipal Finance Officers Association, $30.00; Olmsted Medical Group, $20.00; Wayne Ter Veer, $70.13; Alfred Nelsen, $22.50; Leonard Teigen, $3.68; Alfred Heyn, $108.15; Robert Blakley, $112.57; West Publishing Companyg $15,00; C. A. Cottingham, $28.54; National Safety Council, $12.80; Ronald Stull, $6.00; Angel Ramirez, $12.00; Orville Rowland, $12.00; Roger Reuhmann, $12.00; Thomas McDonnell, $12.00; David Marinus, $12.00; Earl Lewis, $12.00; Mrs. Elizabeth Leonard, $12.00; Hugo lade, $12.00; Robert Kittley, $6.00; Eugene Kough, $12,00; Joseph Caine, $12.00; Janice Karlson, $12.00; Mrs. Willetta Hoaglan; $6.00; David Graydon, $12.00; Gordon Fuchs, $12.00; Minnie Dornack, $12.00; i • 1 1 • 1 CN • Record of Official Proceedings of the Common Council of the City of Rochester, Minn., December 7, 1964 509. 1 • 1 F_ I L 1 John Dillehay, $12.00; Mary M. H. DuShane; $12.00; Roger Crestwell, $12.00; Vera Seigel , $12.00; Oliver' BeBeau, $6.00; Stanley Beecher, $12.00; Edward Black, $12.00; Elaine Bardouche, $12.00; Elva Bergstedt, $12.00;'Gethard Betcher, $6.00; Mark Blanchard, $6.00; Mrs.,Catherine A ldritt, $12.00; Paul Altherr, $12:00; Johri Adams, $12.00;'John Ahamann, $12.00;-Cabinet Craft, $36.00; American City Magazine, $7.00; Mayor and Manager, $5.00; MattheV Bender and Company, $22.50; Charles'Dornack, $74.25; Garnet Spring, $30.75; William Burrows, $48.75; William Frutiger, $56.25; Everett Knuth, a48.75; Walter Gordon, $49.85; C. C.'Lennon, $53.78; Gopher,Welding Company, $10.00 Frederick Hughes, $81.00; Sheriff of.Champaign County, $6.20; Gerald E. Cunningham, $18.90; Cransto Typewriters, $8.40; Monte's, $47.12; Elfreda Reiter, $69.29; China Hall, $43.63; Alpek Sheet Metal Works, ,#1.90; Dieter Paper & Marine,'$81.34; American Linen Supply, $30.40; K & M Auto Glass, $6.30; Witte Transportation Company, $4.29; Whitings Printers & Stationers, $68.57; and Sherwin Williams Paint Company, $23.39. From the Street & Alley Fund: American Unen Supply, $6.75; S. M. Supply Company, $51.55; Public Works Equipment Company, $149.80;`Bemel Parts and Supply, $5.00;'Farm & Home Supply, $7.61; John Wood'Company, $31.50; Borchert Ingersoll, Iric., $16.81; Mobil Oil Company; $115.25; Cities Service Oil 'Company, $49.52; Werner Transportation Company, $8.80; Olmsted Co7u my Road and Bridge I Fund, $21.89, Kienest Treee Service, $26:00; Rochester Ready Mix Concrete Company, $67.00; Rochestel International Sales, $25.58; Hentges Class -Company, $13,75; Welborn Welding Company, $3.60; Charles, Bornholdt,'$4.25; National Welding Supply Company, $30.77; Williams Rag Company, $25.00; k & M Auto Glass, $85.51; Witte Transportation, $3.25, Universal Ford Sales, Inc., $20.84. From the Fire Protection Fund: Dieter Paper & Marine, $22.25; Culligan Water Conditioning) $4.75; Gopher Welding Supply Company, $8.05; Alepk Sheet Metal Works, $10.35; Scharf Auto Supply, $42.72; Welborn Melding Company, $11.40; Goodyear Tire Service Stores, $8:30; Bliss Gamewell, $24.86; Dison's Cleaners, $81.09; Quarve & Anderson, $10,50; Kenneth Stoltenberg, $75.00; The Linda Supply Company, $7.50; E. J. 11and; $100.00; John S. Hader, $75:00; City of Rochester, $160.27 S & M Supply Company, $16.20; Fire & Safety, Ino., $5.82; Model Law lers, $51.58; and National Bushing & Parts, $5.40. From tho'Police Protection Fund: Cranston Typewriters, $6.75; Monte's, $35.66; Elfreda Reiter, $16.40; S. M. Supply Company, $3:16; Cochran &'Gillespie, $20,60; Minit Car Wash, $33.06; St. Paul Pioneer Dispatch, $26,00; Greater Rochester Surplus Store, $14.88; Hanneys $16.95; lairs Shee Repair; $4,75; 0 & B Shoe Store $122.74; Leon Buaerfeind, $150.60; Fire & Safety, $4.95; Melborn Clothing Company, $37.00; Weber &-Judd, $3.76; Pulver Motor Service, $3.00; The Kruse Company, $29.09; Standard Oil Company, $42.91; Key Laboratories; Inc., $37:86; Minit Car Wash, $21.00; Fitzgerald Moving Service, $11.00; Art Stadler's Body Shop, $6.00; National Safety Council, $7.50; Ace Transfer & Storage $24.75; Scotch Clean Wear, $117.75; James J..Macken Jr., $17.25; Black's Cafe, $18.80; Faurot, Inc., $58.74; Goodyear Tire Service, $122.54; Olmsted County Business, men's Association, $5.50; Postier &Eggers, $47.40; Reuben Rieck, $90.00; Eltronic Engineering Services, $8.75; C..P. Dry Clearers, $5.00; Eugene Greenburg; M.D., $80.00; Williams Printing Co., $56.15; Harold's'Auto Electric, $37.29; Fire & Safety, Inc., $9.50; Model Lawlers, $9.80; National L2 Bushing and parts, $10.46; Whitings Printers'& Stationers, $4.18; Record of Official Proceedings of the Common Council of the City of Rochester, Minn., December 7, 1964 F_I From the Sewer Fund: Elfreda Reiter, $5.00; S. M..Supply Company, $5.33; Bob's landscaping, $127..40; Goodrum Brothers Company, $94.21; Hawkins Chemical Company, $72.75; Continental Oi1,Co., $46.72; Woodruff Company, $6.02; and Flexible Pipe Tools Company, $112.94. From the M. C. A. Fund: Cal Smith, Mgr., $13.00. From the Music Fund: B. W. Bell Telephone Company, $45.62; Hirman Agency, $93.20; Bach Music Company, $3.25; Mrs..Evelyn Warner, $90.00; American,Symphony League, $85.00; and H. G. r%nopp Agency, $113.57. From the Parking Meter Fund: Universal Ford Sales, $21.53.; Williams Printing Company& $12.50; Daerings Skelly Service, $4.00; Harold's Auto Electric, $28.75; E. C. Bather Associates, • $187.50; Don Harstad Company,•$24.00; Rochester Visitor, $20.00; Sherwin Williams Company, $26.90. From the Sinking Fund: Henry's Drive -In, $16,41; Floyd & Virginia Howell, $150.44; James & Faith Wegener, $7.00;,Ia3#rence,E. Johnson, $25,77; Roger & Ruth Garmers, $7.00; Russell & Gertrude Carroll,-$11.78; Howard Blakley, $4.96; Allen & Millia L. Johnson, $7.00; Carlton & Ruth Penz, $31,86;`Harris & Mae Jensen, $25.96; Eldon & Enga Johnson, $22.06; The Kruse Company, $26.08; Bernard May Company, $72.90;.The Kruse Company, $141.80; and Paul & Marie Scanlan, $7..00.. President DeVries presented a letter from the Charter Commission requesting a meeting with the Council on the proposed amendments to the Charter. Wednesday, December 16, 1964 at 7:00 p. m* was set as the time for such a meeting. Mayor Smekta suggested that the Council consider putting decals on all City motor equipment so as to identify them better; Mayor Smekta was to check further and follow up on it. Alderman Hanlon reported that he had received a preliminary report from the representatives of I.B.M. on data processing equipment and on Thursday, December 17, 1964, the Mayor and members of the Council were invited to go to Richfield, Minnesota to view the installation of their new I. B. M. data processing equipment. Upon motion by Hanlon, second by Day, 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 following • members being present: President DeVries, Aldermen Day, Eichten, Hanlon, Perry, Wilson. Absent: Alderman McCaleb. a The following letter from,.the Board of Public Health & Welfare was read: "Mayor Alex Smekta and Membars of theEommon Council R Rochester, Minnesota Gentlemen: The Rochester Board of Pulbic Health & Welfare has formally approved a proposal of the Community Mental Health Board that,the Mental Health Center ' of the Rochester -Olmsted County Public Health Unit move its offices to space provided by the Rochester State Hospital. The proposal is made at this time in order to take advantage of services of the Mayo Clinic Fellows in Psychiatry who,spend three to six mo4ths -working in the Mental. Health Clinic facility and in the past have greatly enhanced the service capacity of the Mental Health Center. Other potential advantages of housing the Mental Health Center at the Record of Official Proceedings of the' Common Council 51 1 , • of the City of Rochester, Minn., December 7, 1964 cn-a ov.s Rochester State Hospital are expected to he developed on a.step by step program basis.in•the future. At the present time the specific administrative` relationship is expected to be as follows: The space provided by the State ` Hospital at no cost to the'Mental Health Center although there may be some' charge made.for these services in the future. The maintenance and upkeep of'the building generally is the responsibility of -the State Hospital. The Mental Health Center will provide its own furnishings, decorating, telephone system and be responsible for -the janitorial upkeep'of the occupied quarters. No change in the administrative authority of the Mental Health Center is proposed`by this recommendation. -Furthermore, no major change in the" annual operating budget is required. Copies of an amended budget are enclosed. a Some new office equipment and special therapy room equipment will bg required* It -is anticipated that this can be financed by lapsed funds from ' the City, Couinty and State governmental sources. Exact costs are not yet completely estimated. An approximate schedule of costs is included. This • will be taken up with the Finance Committee in the hear future. This letter -is to request the approval of the Common Codncil of the City of Rochester of this proposed move. Yours very truly, ' /s Macicolm K. Campbell, M.D. President ' Board of Public Health b& Welfare" Dr. Paul Wilson, Psychiatrist, was present and stated that their request was in'the above ' letter and'he mould answer any questions; he said they would like to get approval ofkthis move as soon as possible because they would be presenting -their budget in approximately another week. A.motion was then made by Hanlon, second by Eichten, that the request be approved to move the Mental Health Center offices to the sppce provided by'the Rochester State Hospital; all present voted in favor thereof. The following letter which was tabled'at the afternoon meeting was again read: "The Honorable Mayor and Members of the Common Council Rochester, Minnesota Gentlemen: - Previously you have authorized an expenditure up to $1$00.00 for architectural, services to make a survey of the scope of the needs for an addition to the Public Health Center building. At a joint meeting of the Board of Public Health and Welfare with the Common Council held -in the Public Health Center on Thursday, November 19th, arrangements were discussed for releasing a number of rooms in -the Public Health Center and thus enabling a postponement of the addition to the building. Also discussed were needs for some remodeling and renovation and fixed equipment replacements which had been considered a part of the building addition, but,which become -necessary now inasmuch as the addition project is postponed. Our information indicates that Section 326.03 of Minnesota Statutes requires the services of a registered architect in the planning and supervision of'remodeling, etc* needed now at the Public Health Center. Therefore, this letter is written to -request authorization to use the money mentioned above to obtain architectural services for the remodeling, etc., work at the Public Health Center instead of using it for the building addition survey as previously planned. < Yours very truly, /s Malcolm K. Campbell, M.D. President, Board -of Public Health and Welfare" Alderman Day inquired if it would not be gostible that they could come up with a simple list of what would be remodeled and an estimate of equipment that would go into it, he said he thought -the Council should know what they were going to buy and an estimate of the same before they C authorized $1500.00 for.architectural fees. Dr. Viktor Wilson, Public Health Officer, stated Ry that they had presented this to the Council at the time they met with them at the Public Health Center. A motion was then made by Hanlon, second by Wilson, that their request be granted and permission ' 512 Record of Official Proceedings of the"Common1 Council of the City- of. Rochester, Minn., December 7, 1964 they be authorized to expend up to $1,500.00 for architectural fees. A motion was then made by Day, second by Perry, that -this request be tabled until -December 213, 1964 and upon roll call, Day, Perry and Wilson voting "aye" acid Eichten; Hanlon and DeVries voting "no", President DeVries declared the motion lost. Note was -then taken on the original motion and upon roll Eichten, Hanlon, Perry and DeVries voting "aye" and Day and Wilson voting "no", President DeVries declared the motion carried and authorization for expenditure of $10500.00 for architectural fees was approved. President DeVries stated this as being the time and place set for a=hearing on the proposed assessment for construction of water tank and connecting trunk -line -for the low district • of the Southeast Service Area. Mr. Marshall Snyder, Attorney representing Impreial Refineries, was present and objected to the assessment on their property; he inquired if any territory outside the city limits was serviced by this and what the purpose of -this water tower was. C. A. Arsmtrong, City Engineer, told him that the sole purpose of the tower was to supply water to this water di R district, he also told him that the total assessment for this project was $153,153.91 but only $71,060*18 was being assessed at this -time and the balance was being deferred and would be assessed to lands outside of the City if and when they are annexed. Mr. Edward Luckett, also a representative of Imperial Refineries, was present and inquired why -the assessments had not all been figured the same way, he said some were assessed at so much per lot and others were assessed R at so much an acre, he said he objected to -this assessment and suggested that the rate used for assessing per acre for unplatted land be used for platted land also. Mr. Richard White, was present in behalf of School District No. 4 for their land in Meadow Park Addition; he inquired when this construction was done and if the land in the City was paying for the total assessment. C. A. Armstrong informed him that this work was done in 1962-63 and the portion being assessed now was just against.lands in the City.--Mr..Carl Riser of 1838 - 1st Avenue Southeast was present and said that he thought when such a project was being constructed the people in this area should be told about and -also about approximately what it would 'cost. C. A. Armstrong informed him that this water tower had been mentioned in every report when they were in the process of annexing this area, that there were notices in the paper at the time of construction; that it had been estimated that it would -cost about $20.00 per front foot but now the assessment was less than that. There was no one else wishing to be heard. President DeVries declared the hearing officially closed. A.motion was then made by Day, second by Wilson, that the complaint of Mr. Luckett on figuring the assessment be referred to the Public Works Committee for consideration and they invite Mr. Luckett to their next meeting; all present voted'in favor thereof. Hearing on proposed assessment for Tunk Line Sanitary Sewer in SZ-of NWk - Sec. 22-107-14 (deferred assessment to Lots 1 and 2, Block 19 Silver Acres Subdivision). Mr. .Tom Wolf, Attorney for Silver Acres, was present and stated that they had no objection to this assessment. There was no one else wishing to be heard. President DeVries declared the hearing officially closed. Hearing on proposed assessment -for water tower located on the -west side of 18th Avenue N. W. approximately 1250 feet north of present city limits (deferred assessment to • • Record of Official Proceedings of the Common' Council of the City of Rochester, Minn., December- 7, 1964 513' • 1 1 • 1 Lots 1 and 2, Block 10.Silver Acres Subdivision). Mr. Tom Wolf, Attorney for Silver Acres, was present and stated that they had no objection to this assessment. There was no one else wishing to be heard. President DeVries declared the hearing officially closed. Hearing on;proposed change of zoning of land in Section 11-106-14 (Clements Chevrolet Property S. W.) from residential district to a commercial district. ;The letter from the Joint Rochester -Olmsted County -Planning Commission, read this afternoon, requesting that this matter be tabled until after February 1, 1965, was again read. Mr. Russ Lang of 1102 Mr. David Ahman of 826 - 11k St. S.W. Memorial Parkway;/Mr. Gordon Bezner of 1173 - 114 St. S. W.; Roy Watson:, Jr. of 620 Memorial Parkway; each spoke objecting to the requested change -of zoning. Mr.,TOm Wolf, Attorney for Clements Chevrolet Company, requested that the Council -go ahead with this zone change:, he outlined the procedure from the beginning when they first applied for annexation and stated that they had been working on this since early last spring; and he felt the Council should go ahead now and change this property to commercial district. Mr. James Madden, the petitioner, was also present and urged that the zone change be made. .Mr. Truman Quammen the owner of the land (Mr. Madden has an option on this property) stated that in his:mind this -property should be. commercial, 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 an ordinance: -making the requested zone change; upon roll call all present voted in favor thereof. 0 An Ordinance amending an ordinance entitled, "An Ordinance for the purpose of pro- rooting 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 property at 113 - 14th Street N. E. to commercial district) was given its third and final reading. �A'motion was made by Eichten, second by Hanlon,that the said ordinance be adopted as read and upon roll call and all present voting in favor thereof, Preside DeVries declared the said ordinance duly passed and adopted. , - An Ordinance amending an ordinance entitled, "An Ordinance for the prupose of pro- moting 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 khe 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 third and final reading. A motion was then made by Hanlon, second by Eichten, that the said ordinance be: adopted as read and all present voting in favor thereof, President DeVries declared the said ordinance duly passed and adopted. An Ordinance specifically repealing certain ordinance of the City of Rochester (Nos. 254, 461, 572, 703,• 682 and 800) was given its third and final reading. Alderman Day stated that he did not think Ordinance No. 703 entitled "An ordinance prohibiting the playing of 0 51 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., December 7, 1964 CA_Q0713 pinball machines or any similar games of.skil•1 by minors under the age of eighteen (18) years in the City of Rochester, Minnesota" should be repealed and therefore moved that.the.above ordinance be amended to.exclude No. 703, Alderman Eichten seconded the motion and upon roll call all present voted -.in -favor thereof. A motion was then made by Hanlon, second by' Perry, that the above ordinance, as amended, be adopted; and all present voting in favor thereof, President ' DeVries declared the said ordinance duly -passed and adopted. - 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,. Minnesota," was given its third and final.reading. A motion.was made • by Perry, second by Eichten, that the said ordinance be adopted as read (the date of December 19, 1964 .to be inserted in paragraphs 1, 2 and 3)and all present voting in favor thereof., President DeVries declared the said ordinance duly passed and adopted. < An Ordinance amending -an Ordinance entitled "an Ordinance regulating the placing, ,erecting and maintaining of signs in the City of Rochester" was given its third and final reading. A motion was made by Perry, second by Day, that the said -ordinance be adopted as read • and all present voting in favor thereof, except Eichten who voted "no" and Hanlon who "abstained" President DeVries declared the said vrdinanc� duly passed and adopted. An Ordinance annexing to the City of Rochester, Minnesota, certain unplatted lands in the Northwest Quarter of Section Three, Township One Hundred Six North,'Range Fourteen West, - and certain platted land in Highland.Addition; all in Olmsted County Minnesota, which are completely surrounded by land within the Municipal Limits of the City of Rochester, Minnesota (lands owned by Grace Smith, Donald Dickman, Clara Stoppel, Eleanor Stoppel,, Albert Moehnke, Floyd Bly, Mayo Priebe, Elinor Kleist,,Harry Moore and Steve Koppie) was given its second reading. - to the City Rochester, Minnesota, certain unplatted land ,An Ordinance annexing of 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 Pruitt, - Limits of the City of Rochester, Minnesota (land owned by Payne,/Martin, Gambill and Theye) • was given its second reading. A letter signed by Dr. and Mrs. Earl Gambill stating that they had;no objection to this annexation and it meets fully with their approval,;was read and ordered placed on file. A statement relative to the proposed ordinance, signed by Gordon and Neva Martin; Harold and Virginia Payne; and Raymond and Lillian Pruitt, stating that they were concerned that "special and deferred assessments against these properties, plus substantial increase in taxes, would work a hardship on the owners and would provide few, if any, immediate benefits to the owner; they said they did not believe that the City has shown how immediate annexation would benefit the common welfare or the present landowners or be in the best interests of, the City, was read and ordered placed on file. Dr.,Richard Theye was present hnd also requested that this annexation be deferred until plans are made for streets,.sewer and water, ete. The Public Works Committee was to check on these facilities. - • Record of Official Proceedings of the'Common Council of the City of Rochester, Minn., December 7, 1964 515' 1 • U 0 1 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 desnity of population within the City of Rochester, Minnesota, all in accordance with a comprehensive plan (changing east one-half of Lots 1 and 2, and all of Lot 3,. Block 32, Northern Addition to commercial district) was given its first reading. A motion was .made by Wilson, by Day, that the rules be suspended and the ordinance be given its second reading, upon roll call President DeVries voted "no". An Ordinance amending an Ordinance entitled,`"An_ordinance for the purpose of pro- moting health, safety, order, convenience and general welfarerby regulating the use of land, the location, size,'use and height ofbuildingsand the arrangement of`buildings on lots, and the density of population within the City of Rochester, Minnesota, all in accordance with a compre- hensive plan (changing that part of Lot 1 and the`north one-half of Lot 2 east of T. H. 63, all of Lot 4 and north one-half of Lot 5, all in Block .16, Golden Hill Addition, to commercial district) was given its first reading. ` An Ordinance providing for the formation and government of the Police Department of the City of Rochester, Minnesota (changing the, number of part-time School Traffic Supervisors from seven to eight) was given its first reading. Upon motion by Wilson, second by Hanlon, and upon roll call and all .present voting in favor thereof, the rules were suspended and the ordinance was given its second reading. Upon motion by Perry, second by Eichten, and upon roll - call and all present 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 present voting in favor thereof, President DeVries declared the said ordinance duly passed and adopted. An Ordinance amending an ordinance entitled, "An Ordinance regulating the sale of intoxiating liquor within the City of Rochester, providing for such sales by duly licensed persons establishing regulations for the operations of places where such intoxicating liquor is sold, providing regulations for the granting of such licneses, setting license fees,'providing penalties for the violation thereof, andrepealing all inconsistent ordinances (amending Section 12 of said ordinance) was given its first reading. Upon.motion by Wilson, second byM Day, and upon roll call and all present voting in favor thereof, the rules were suspended and the ordinance was given its second reading. Upon motion by Wilson, second by Perry, and upon roll call and all present 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 Perry, that the said -ordinance be adopted as read and all present voting in favor thereof, President DeVries declaredd the said ordinance duly passed and adopted. • Upon motion by Hanlon,*second by Wilson, and all present voting in favor thereof, the matter of studying the amount of the fee charged for dancing in on sale" liquor establishmentl was referred to the Finance Committee for study and recommendation. 0 516 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., December 7, 1964= • CA•60713 The following resolutions were each introduced and read and upon motion made and t seconded, and all present voting in favor thereof, President DeVries declared the said resolutions t S duly passed and adopted; Resolution requesting Commissioners of Highways, State of Minnesota, to make a t t . speed zone study on 14th Avenue S. W. from 2nd Street to -the East Frontage Road of T. H. 52-140. 1 Upon motion by Wilson, second by Eichten, resolution adopted. t Resolution granting variance in accordance with the provisions of Section 18 of Ordinance No. 558 to permit construction of a twelve story high rise apartment type nursing home din Block 2 and Lot 2, Block 3, Silver Acres Addition and to permit the construction of • more than one structure on a lot. Upon motion by Day, second by Wilson, and upon roll call all voting in favor thereof, except Eichten who voted "no", tesolution adopted. Resolution levying special assessment for construction of a trunk line sanitary _ t , sewer in the Sk of the NW4 of Sec. 22-107-14, to the 48 inch trunk line sanitary sewer at the Rochester Sewage Treatment Plant in the NW4 of the NEt of Section 23 (deferred assessment to t , Silver Acres Subdivision). Upon motion by Wilson, second by Hanlon, resolution adopted. Resolution levying special assessments for construction of a watertower to be located on the east side of 18th Avenue N. W. approximately 1250 feet north of the present City _ t limits together with the necessary trunk line to connect said water tower with the City system on 18th Avenue Northwest (deferred assessment to Silver Acres Subdivision). Upon motion by Wilson,esecond by Eichten, resolution adopted. Resolution levying special assessments for snow removal for 1964. Upon motion by Wilson, second by Eichten, resolution adopted. Resolution levying special assessments for construction of sidewalks during 1964. Upon motion by Eichten, second by Hanlon, resolution adopted. Resolution directing the City Clerk to advertise for sealed proposals for the furnishing of gasoline for the various city departments. Upon motion by Wilson, second by Eichten, resolution adopted. Mr. Austin Merriam of 424 - 6th Street S. W. was present in regard to the proposed zoning of his property in the new proposed zoning ordinance; he requested that the • property on the west side of 4th Avenue S. W. from 5th Street S. W. to 7th Street S. W. be changed from the R-4 District to the R-2 District. Upon motion by Perry, second by Hanlon, and all voting in favor thereof his request was referred to the Planning & Zoning Commission. Mr. George Henke was present in regard to property on North Broadway, he said most of it is B-S but just south of 6th Street it is B-1 and he requested that it be changed to B-3. He was requested to sbubmit his request in writing to the Planning and Zoning Commission. - An Ordinance amending an Ordinance entitled, "An Ordinance for the purpose of pro- moting 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 the density of population within the City of Rochester, Minnesota, all in accordance with a com- Record of Official Proceedings of the "Common Council of the City of Rochester, Minn., December 7, 1964 ftehensive plan (new proposed zonign ordinance) was given its third and final reading. A motion was made by% Eichten, second by Perry, that the ordinance be tabled to December 21, 1964 for further consideration; all present voted in favor thereof. Upon motion byWilson, second by Eichten, and all present voting in favor thereof, the meeting was adjourned until 7:30 o'clock P. M. on December 21, 1964. Eor, it ,e> r Cit Clerk 1 1