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HomeMy WebLinkAbout12-06-1965Record of Official Proceedings of the Common Council of the City of Rochester, Minn., December 6, 1965 2b0" 1 • 1 1 C J E 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 December 6, 1965. President DeVries called the meeting to order at 2:00 o'clock P. M., the following members being present: President DeVries, Aldermen Day, Eichten, Perry, Wilson. (Alderman McCaleb arrived at 2:30 P. M.) (Alderman Hanlon arrived at 4:30 P. M.). Upon motion by Wilson, second by Eichten, and all present voting in favor thereof, the minutes of the meeting of November 15, 1965 were approved. President DeVries stated this as being the time and place set for receiving and opening bids for construction of sanitary sewer and water main extension to serve theFirst Christian Church Property in Allendale Subdivision. The plans and specifications had not been prepared so no bids were received; the City Clerk was instructed to prepare a resolutiot readvertising for bids to be opened on January 3, 1965. A letter signed by Mrs. R. H. Gambill protesting the high taxes in the City of Rochester was read and President DeVries ordered the same placed on file. A letter from Rolland F. Hatfield, Commissioner of Taxation, notifying of the county seat instructional meeting for assesors and local board members to be held in the courthouse on December 15, 1965 at 10:00 a. m., which was read. Any, Alderman able to attend was requested to do so. A letter signed by Robert E. Swanson of 1115 - 7th Street S. W. requesting that thel Council go ahead with granting him a variance on his propertywas read and President DeVries ordered the same placed on file; there was a recommendation on the proposed change of zoning of this area from the Planning & Zoning Commission later in the meeting. A letter signed by Lee E. Graham, Secretary-Treasuer of the Rochester Olmsted County Safety Council requesting the annual contribution of $300.00 was read and upon motion by Eichten, second by Wilson, and all voting in favor thereof, the request was approved and the City Clerk was instructed to make the payment of $300.00 from the General Fund. A letter signed by C. A. Armstrong, City Engineer, requesting leave of absence without pay for Donald Hemker of the Street & Alley Department to January 22, 1966 because of an apparant back ailment which he contends is related to City work, was read and upon motion by Day, second by Eichten, and all present.voting in favor thereof, the request was approved and the leave of absence granted. A letter signed by C. A. Armstrong, City Engineer, requesting a one month extension leave of absence without pay for Norbert Huiting (December loth to January loth, 1966) was read and upon motion by Wilson, second by Perry, and all present voting in favor thereof, the request was approved and the leave of absence granted. A letter signed by Eldon Huisman, Attorney for Rochester Iron and Metal Company, requesting that the Rochester Iron and Metal Company be allowed to connect their business site at 20th Street and 3rd Avenue S. E. to city sewer and watermain was read and upon mot by Eichten, second by Wilson, and all present voting in favor thereof, the letter was 40 264 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., December 6, 1965 CJ referred to the Public Works Committee. The following letter from the Board of Park Commissioners was read and upon motion by Wilson, second by Day, and all present voting in favor thereof, the letter was referred to the joint meeting of the Common Council and the Park Board to be held on December 20th, 1965: "Mayor Alex P. Smekta and The Common Council, Room 100, City Hall Rochester, Minnesota. Gentlemen: The Auditorium Committee of the Park Board as well as the full Board of Park Commissioners has studied the Survey Report on Mayo Civic Auditorium as submitted on Septemaer 27, 1965 by Midwist Planning and Research Incorporated of Minneapolis. It is our opinion and recommendation to the Common Council that highest priority for consideration should be Alternative 5 in the Report wherein the present building could become a part of the Mayo Memorial Park Cultural Center with a new Exhibition/Sports Center to be built on the site immediately north of East Center Street opposite the present complex of buildings. The cost of land acquisition to the North of Center Street could be justified if the City includes this entire area under an urban renewal program and it is our further recommendation that steps be undertaken as soon as possible to assure the City of Rochester that this property be "earmarked" for this possible development. The entire project should be undertaken as a series of "steps" (to be finally determined, of course, by the Common 'Council) but it is our further recommenda- tion that the Exhibition/Sports Center be placed at the very top of priority. We assure you of our complete cooperation and shall await your further advice. Our sincere. thank you to the entire Council for allowing us funds to proceed with what we feel is an excellent Survey Report. Sincerely yours, s/ T.M. McDonnell, President, Board of Park Commissioners, Rochester, Minnesota. A copy of a letter from the Board of Park Commissioners addressed to Nolan Insurance Agency regarding a screening protection being installed along the East and West sides of the Mayo Civic Auditorium rink during hockeys games, was read. President DeVries ordered the letter placed on file. The following letter from the State of Minnesota, Water Pollution Control Commission, was read and upon motion by Wilson, second by Eichten, and all present voting in favor thereof, the letter was referred to the Public Works Committee: "City Council `/, Elfreda Reiter, Clerk Rochester, Minnesota Gentlemen: You will recall the letter from the Water Pollution Control Commission dated July 14, 1965 in which the Commission outlined its concern over. planning for sewage disposal in the Rochester area including development in the surrounding townships. In a reply to this letter in a letter dated September 10, 1965 from Mr. R.V.Ehrick, City Attorney, the steps already taken by the city were outlined and as well as steps which the city expected to take in the near future to solve these sewage disposal problems. We understand that the city has authorized its consulting engineers to prepare plans for alterations and additions to the municipal sewage treatment plant and that the city officials are preparing an outline of basis of charges to the township for sewer service on a contract basis. The Commission wishes to be informed of the progress being made by the city in establishing a basis fof such charges and the results of meetings with township officials regarding these charges. This information,bgmuld be submitted for con- sideration by the Commission at its next meeting on Decmeber 16, 1965, if available. lJ 11 1 1� 1 Yours very truly, /s Lyle H. Smith, Executive Engineer" • Record of Official Proceedings of the Common Council 2 b of the City of Rochester, Minn., December 6, 1965 L7 1 1 • A:` Alderman MCaleb arrived at 2:30 P.M. A notice from the State of Minnesota, Water Pollution Control Commission, of a hearing to be held on January 5, 1966 in the North Hall of the Mayo Civic Auditorium for the purpose of receiving and considering testimony and evidence bearing on the eastablish of water use classifications and standards of water quality and purity for all waters of the state and acting upon the adoption of regulations relating thereto, was read and upon motion by Wilson, second by Eichten, and all present voting in favor thereof, the same was referred to the Public Health & Welfare Department and the City Attorney. A letter from the Rochester Sand & Gravel, Inc. requesting an extension of time on Project S.P. 5501-21 Contract #587; F.A.A.P. 9-21-079-C607at the Rochester Municipal Airport, extension time of to be until July 6, 1966, was read. President DeVries a member of the Airport Commission reported that the Airport Commission had considered this and had recommended that the extension be granted. A motion was.then made by Eichten, second by Wilson, and all present voting in favor thereof, the extension of time on the contract to July 6, 1966 was approved. The two following resolutions adopted by the Public Utility Board were each read and upon motion by Eichten, second by McCaleb, and all present voting in favor thereof, the same were approved: " Be it resolved by the Public Utility Board of the City of Rochester, Minnesota that the Common Council of the said City be hereby requested to authorize the said Board to enter into a contract with Weichselbaum and Pieper, Architects for furnishing Professional Services necessary for the preparation of plans and specifications and the supervision of the work for the construction of a Garage and Warehouse facility, the amount of the said contract to be six (6) per cent of the first $150,000.00. of construction costs plus 5% for the amount over $150,000.00. 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, Minnesota that the amount of $200,000.00 be appropriated to the First Natioanal Bank of Rochester in payment of federal intermediate credit banks consolidated debentures bearing interest from December 1, 1965 to September 1, 1966 with interest at the rate of 4.6% per annum. Be it further resolved that the said debentures be purchased for: $150,000.00 for invested funds - Electric Department Depreciation Reserves 50,000.00 for invested funds - Water Department Depreciation Reserves." The summons of Fay W. Lagervall dba Jim & Joe's Hi -way Cafe, Plaintiff vs. City of Rochester, Minnesota, Defendants, was read and upon motion by Perry, second by Wilson, and all present voting in favor thereof, the same was referred to the City Attorney. Separate answer and Cross -Claims of Mayo Foundation in case of. Michael J. Higgins,. Plaintiff, vs. The City of Rochester, a Municipal Corporation; Mayo Foundation, a Corporation and Ross T. Husband and Frances E. Husband as Individuals and co-partners dba Orlen Ross Furniture, Defendants, was read and upon motion by Perry, second by.Wilson, and all present voting in favor thereof, the same was referred to the City Attorney. The summons of Thompson Properties, Inc. a corporation, Plaintiff irs. City of Rochester, Defendant, was read and upon motion by Wilson, second by Eichten, and all present voting in favor thereof, the same was referred to the City Attorney. An objection of the Town Board of the Town.of Rochester on the annexation of Lot 11! 0 266, Record of Official Proceedings of the Common Council of the City of Rochester, Minn., December 6, 1965 . GC_58 B 6. 13, 14 and 15, in Block 1, Knollwood Acres was read and upon motion by Day, second by Eichten, and all present voting in favor thereof, the same was ordered placed on file. A petition to vacate portions of 6th and 7th Avenues S. E. and 5th Street S. E. was read and upon motion by Wilson, second by McCaleb, and all present voting in favor thereof, the same was referred to the Planning & Zoning Commission and the Public Works Committee. The petition of Erwin G. Walth to annexthe Northwest quarter of the Northwest Quarter of Sec. 23-107-14 West (next to the Robert School); application for plat approval of preliminary plat of Golden Gate Subdivision;, application for approval of a trailer coach park; and petition for zoning district change were each read and upon motion by Wilson, second by McCaleb, and all present voting in favor thereof, the petitions were referred to the Planning & Zoning Commission. The petition signed by the Rochester Mall Company, William and Rachel Hendricks, George and Gladys Fater, Truman and Elizabeth Quammen, George and Marion Baihly and Doris K. Toogood to annex land in Section 10-106-14; petition to have the zoning changed on this property and application for approval of a shopping center, were each read and upon motion by Wilson, second by McCaleb, and all present voting in favor thereof, the same were referred to the Planning and Zoning Commission. Reports on the examination of the financial affairs of the Rochester Police Relief Association and the Rochester Fire Department Relief Association for the year ended March 31, 1965 were each presented and President DeVries ordered the same placed on file. The appointment of Lois Nelson as Clerk of Municipal Court form the 1st day of December, 1965 to the 1st day of April, 1966 by Judge William S. LaPlante was read and upon motion by Wilson, second by Eichten, and all present voting in favor thereof, the same was approved. A letter from the Rochester Airport Commission requesting the Common Council to approve.the application for Estimate #3 Grant Payment on Project #9-21-079-C607 and authorize the Mayor to sign the Grant Payment and accompanying documents, was read and upon motion by Wilson, second by Eichten, and all present voting in favor thereof, the request was approved. from the Rochester Airport Commission A letter/recommending that the request for payment by Kirkhoff Plumbing and Heating for the installation of the heating boiler at the Rochester. Airport in the amount of $15,515.70 be approved, there are certain changes required in the electrical interlock system which are not completed and therefore $250.00 has been retained until these changes have been completed, was read and upon motion by Eichten, second by Wilson, and all present voting in favor thereof, the recommendation was approved. A letter from the Rochester Airport Commission recommending that the request for payment by Pfeifer and Shultz, Inc. for engineering services in connection with the 1 1 Ll • 1 0 Record of Official Proceedings of the Common Council 267 of the City of Rochester, Minn., December 6, 1965 1 • 1 1 • installation of the Standby Boiler at the Rochester Municipal Airport in the amount of $1,418.23 be approved, was read and upon motion by Wilson, second by Eichten, and all present voting in favor thereof, the recommendation was approved. The application for plat approval of Meadow Park 4th Subdivision was read and upon motion by Wilson, second by McCaleb, and all present voting in favor thereof, the same was referred to the Planning and.Zoning Commission. A letter from the First National Bank stating that at the present time they have eligibile municipal bonds pledged with A. M. Ackerman, City Treasurer, amounting to $2,666,000, at the present time the City has $1,410,000 in savings certificates and a balance in the checking account of $325,710.05 and they request that the City release the following securities plddged to secure city deposits, was read: U.S. Treasury 3 7/8% Bonds due 5-15-68 $600,000 U. S. Treasury 4% Bonds due 8-15-71 $600,000 U. S. Treasury 4$ Bonds due 8-15-73 $178,000 U.S.Treasury 4 1/8% Bonds due 11-15-73 $43,000 U.S.Treasury 4 1/8% Bonds due 11-15-73 $284,000 U.S.Treasury 4 1/8% Bonds due 2-15-74 $500,000 U. S. Treasury 4 1/8% Bonds due 2-15-74 $200,000 Upon motion by Wilson, second by Eichten, and all present voting in favor thereof, their request was approved and the City Clerk was authorized to release the said securities. Mr. Kenneth Pieper was present and presented preliminary plans for the proposed Fire Station No. 4, which were reviewed by the Council. The recommendation of the Public Safety Committee that the preliminary plans for Fire Station No. 4 be approved was read and upon motion by Wilson, second by Day, and all present voting in favor thereof, the recommendation was approved. Alderman Dewey Day took issue with Saturday's Town Toppwer column in the Post Bulletin which charged a member of the "city family" with leaking a news telease about a construction project to KROC radio; he said that fifty percent of the persons in Rochester assume that he was the news leak and asked Robert Withers, Publisher of the Post Bulletin fordetails on his source of information. Mr. Withers was present and stated that he didn't know which lmember of the "city family" allegedly leaked the story to K80C but the inform= ation that a "city family" member had leaked the story came from a KROC employee.Alderman Day denied contacting KROC about the story which concerned the proposed construction of a three million nursing home near the Tropic Bowling Alley. Upon motion by Wilson, second by Day, and all present voting in favor thereof, the meeting was adjourned at 3:45 P. M. President DeVries called the meeting to order again at 4:00 P. M. with the following members being present: President DeVries, Aldermen Day, Eichten, McCaleb, Perry, Wilson. Absent:,Alderman Hanlon. The recommendation of the Planning and Zoning Commission stating that they had reviewed the proposal to divide the existing R-S District in the Zoning Ordinance into two districts by creating an R-Sa District and an R-Sb District; they felt that there is a need for this refinement in the R-S District and therefore recommend that the R-S District be divided into the sub -districts of R-Sa and R-Sb Districts and that the lot sizes and yard 268 Record of Official Proceedings of the'Common Council of the City .of Rochester, Minn., December 6, 1965 spaces as shown on the attached re -draft of Article 20 be adopted as the development standards of these sub -districts; they also reviewed the provisions of Paragraph 14.06 that places properties that are newly annexted to the City of Rochester into the R-1 District; they feel that newly annexed property should be placed in the most restrictive Zoning District until such time as a determination is made for a final Zoning Districting plan for such an area; they therefore recommend -that Paragraph 14.06 be amended by changing the R-1 District to the R-Sa District, was read. (Alderman Hanlon arrived at 4:30 P. M.) A motion was then made by Perry, second by Eichten, $hat the recommendation be accepted, that the City Attorney be instructed to prepare an ordinance and a hearing be ordered on • this matter for 7:30 P. M. on Februaryh 7, 1965; all voted in favor thereof, except Alderman Day who voted "nay" and Alderman Hanlon who "abstained". The recommendation of the Public Works Committee that one new "Force Feed Loader with 30" Conveyor Belt" be purchased and bids be advertised for to be -received on December 20, 1965, was read and upon motion by Eichten, second by Wilson, and all voting in favor thereof, the recommendation was approved. The recommendation of the Public Works Committee that the 1965 Edition of the National Electric Code be accepted by the Common Council and entered into the Rochester Code of Ordinances, as requested by the Electrical Inspector on October 15, 1965, was read and upon motion by Perry, second by McCaleb, and all voting in favor thereof, the recommendation was approved and the City Attorney was instructedto prepare the necessary resolution. The recommendation of the Public Safety Committee that a request from the Fire Department be granted for permission to advertise for bids for a new fire truck to be delivered in the next fiscal year, was read and upon motion byh Wilson, second by Hanlon, and all voting in favor thereof, the recommendation was approved. The recommendation of the Public Safety Committee stating that they had con- sidered the request of Edna Rubenstein to have the "on sale" intoxicating liuqor license and cigarette license tnow issued to her as an individual at 430 Fifth Avenue S. E. transferred to the Tropic Lounge, Inc at the same address and recommend that the transfer • be granted, was read and upon motion by Wilson, second by Eichten, and all voting in favor thereof, the recommendation was approved and the licenses transferred. The recommendation of the Public Safety Committee stating that they had con- sidered the application of Jack Rubenstein to have the bowling alley license and the "on sale" non -intoxicating liquor license now issued to him as an individual at 430 Fifth Avenue S. E. transferred to the Tropic Bowl, Inc. and recommending that the transfer be granted, was read and upon motion by Wilson, second by Eichten, and all voting in favor thereof, the recommendation was approved and the licenses transferred. • L Record of Official Proceedings of the Common. Council of the City of Rochester, Minn., December 6th, 1965 269 1 • 1 • C The following claims were each read, and upon motion by Wilson, second by and all present voting in favor thereof,,the same were approved and the Mayor and City Clerk were authorized and directed to issue warrants upon the City and make payments accordingly: From the General Fund: Sandra Gregersen $131.70; Alex P. Smekta $15.25; Will H. Perry $5.25;-John B. Carney & Associates $26.00; Willis J. Fryer $4.40; Farnham -Adams $1.72; Pitney -Bowes, Inc. $8.50; Standard Advertising Agency $181.15; Public Personnel Association $6.50; Schmidt Printing Company $67.00; The Johnson Company $14.36; Friden, Inc. $25.00; Burroughs Corporation $39.75; Municipal Finance Officers Association $30.00; Burroughs Corporation $22.75; Wayne R. Ter Veer $13.50; David Wernecke $11.55; Leonard Teigen $8.65; Alfred Nelsen $56.32;.E. H. Boeckh,$15.00; Trautner Sales Company $1.56; Robert K. Hallion $7.00; Albert J..Toddie, Jr. $5.50; Callaghan & Company $B.00;,Sidney Adnerson $70.50; Tom 0. Moore $14.05; Phil Shealy $7.00; Tom 0. Moore,$21.00; Arnolds Supply Co. $126.94; San -I Trucking $40.00; Ace Hardware $3.00; H & H Electric Company $21.11; L.B.M. $11.10;' Woodhouse.Brothers $25.50; American Linen Supply Co. $6.05; St. Marys Hospital $25.00; Mayo Clinic $25.00; Olmsted Medical Group $30.50; Mayo Clinic $20. Gopher Welding Supply Co. $17.88; Xerox Corporation $58.00; Gopher Shooters Supply,Company $109.50; Charles Dornack $74.25; William Burrows $53.10; Walter B. Gordon $54.95; William Frutiger $68.03; Everett Knuth $44.10; Garnet Spring $37.65; Lloyd $15.00; Schmidt Print- ing Co. $109.50; Robert Blakley $113.85; Alfred M. Heyn.$114.37; Fullerton Lumber Company $6.25;,Silver Lake Hardware $12.11; Montes $10.07; Palmer Chemical.& Equipment Company $22.76; American Linen Supply $11.00; C. A. Cottingham $54.00;.Clements Chevrolet Co. $68.94; C. A. Armstrong $46.00; Frank D..Eaton $9.00; Rogers $62.68; George T. Walker & Co., Inc. $17.83.; Quality Printers & Stationers $12.05; Daytons $2.94; Beckleys, Inc. $38.60; Whiting Printers & Stationers $27.50; R. L. Polk &.Company.$142.00; Clarks Home - fair $3.45; American Linen Supply,$14.25; Pulver Motor Service $25.00; Centeral States Water Pollution Control $14.00; City of Rochester $15.30; Elfreda Reiter, City Clerk , $102.53; Ace Hardware $16.60; Reeves Drug Store $2.70; H. Dornack & Sons $34.40; Montes $27.66; G. F. Thorkelson Service $35.00; Whiting Printers & Stationers $31.53; Qualit y Printers & Stationers $40.55; Dineens City Service $3.71; Harry H. Evans Register,of,Deed $52.80; Joseph L. Donovan $16.25 and U. S. Conference of Mayors $100.00. I From the Street and Alley Fund: Ace Hardware $4.45; Joseph L. Donovan $37.25; Filmshops $9.96, Hayden -Murphy Equipment Company $163.35; Ozark Airlines $22.30; Walter C.Hein $18.71; Farm and Home $48.60; J. I. Holcomb Mfg. Co., Inc. $54.90; Ace Hardware $14.04; and Gopher Stamp & Die Company $119.90; From the Fire Protection Fund: Elfreda Reiter;: City Clerk $26.00; Reeves Drug Store $.55; H. Dornack & Son $7.05; Whiting Printers & Stationers $.70; Eds Mob-11 Service $5.00; Harry H. Evans, Register.of Deeds $28,.50; Fire Safety Corporation $89.55; Ace Hardware $6.71; E. J. Klampe Co. $8.10; Parkhill Bros. $12.69; Reichert Appliance Company $5.25; Culligan Soft Water Service $4.75: The Kruse Company $6.10; Drain Master $35.00; 270 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., December 6, 1965 C�B.fl66` Electronic Engineering Services $75.00; American Insurance Association $2.75; Farnham - Adams $20.75; Quality Printers & Stationers $38.51; National Fire Protection Assoc. $25.75;and Disons Cleaners && aunderers $99.89. From the Police Protection Fund: Elfreda Reiter, City Clerk $.65; Reeves Drug Store $5.18; Montes $53.56; Whiting Printers & stationers $26.95; Quality Printers & Stationers $4.58; Eds Mobile - Service $27.18; Fire Safety Corporation $102.02; . Raymond H. Wagoner $47.50; State of Minnesota Civil Service Dept. $43.00; James J. Macken, Jr. . $29.55; Clinton Keuker $62.75; Trautner Sales Co. $2.21; Weber & Judd $5.23; Ringerprint Equipment Laboratory $170'86; Century Camera Inc. $14.15; Eastman Kodak Stores, Inc. $7.50; Electronic Engineering Service $138.90; Ace Hardware $2.98; Wiliiams Printing, Inc. 45.35; Beckleys, Inc. $45.00; Beckleys, Inc. $7.50; Donald.S. Silverberg $75.00; Key lab. $50.48; Harvey E. Golden $45.00; H. Royden Jones, Jr. M.D. $70.00; Axel Moberg $75.00; National Bushing & Parts•$54.44; James P. Ryan $5.80; Mason Publishing Company $20,00; Harolds Auto Electric $79.25; Pulver Motor Service $8.50; Leo N. Herricki;T Jr. $30.50; Minit Car Wash $18.00; Fire Safety Corporation $4.50; Daytons $43.89; Leon Bauerfeind.$18.00; National Safety Council $7.50; United Building Centers, Inc. $5.43;and,Ace Hardware $19.51. • From the Sewer Fund; David Geselle $70.00; Viker & Sorenson $50.00; Peoples Natural Gas Company $162.95; Rex•Chainbelt Company $96.50; Power Supply Company $55.14:.;a (Foster Electric Company $35.09; S. M. Supply Company,$11.66; Ace Hardware $18.99; Tri- State Drilling Co. $44.00; Woodruff Company $10.98; Lee Hoff Elevator Company $100.10;.. Zep Manufacturing Co. $163.33;.Roberts g oods,.Inc. $13.54 From the Auditorium Fund: Skating $20.00; Ace Signs $10.10; A1pek.Sheet Metal I& Roofing Company $15.20; The Johnson•Company $5.00; Lillian R. Moody $S.00;and Premier Lighting Products, Inc. $97.11. From the Music Fund: Mrs. B. L. Garnaas $120.00; Schmidt Printing Company $12.75; Mayo Civic Auditorium $112.50 and American Symphony Orchestra League $100.00. From the Parking Meter•Fund:. Dineens Cities Bervice $44.25; Willims Printing $12.50; Ace Hardware $1.78; Rockwell Manufacturing Company $6.50 and Rochester Visitor $20.00. M.motibn was then made by Wilson, second,by Day, and all voting in favor thereof, that the.following twelve resolutions appropriating City funds for various purposes be considered by the Common Council as a single group. A motion was then made by Wilson, second by Day, that.the.following twelve resolutions be adopted ad.read, and, all voting in favor thereof, President De Vries declared the said resolutions duly passed and adopted: 1. Resolution appropriating $465.38 from the Permanent Improvement Revolving Fund and ordering payment made to Carlisle G* Fraser, Inc. 2. Resolution appropriating $4,313.09 from,the.Permanent Improvement Revolving Fund and ordering payment made to Carlisle G. Fraser, Inc. 1 • 1 LJI 0 1 LJ Record of Official Proceedings of the Common Council of the City. of Rochester, Minn., December 6, 1965 271 L 1] I 1 • 1 3. Resolution appropriating $560.85 from the Permanent Improvement Revolving Fund and ordering payment made to Riverside Sand & Gravel, Inc. 4. Resolution appropriating $649,951.25 from the Sinking Fund and $722.28 fromi the General Fund and ordering payment made to Morgan Guaranty Trust Company of New York $339,551.25; Central National Bank offChicago $114.320.00; The American National Bank of St. Paul $41,570.03 and First National Bank of Chicago $155.232.25. 5. Resolution appropriating $1,451.53 from the Street & Alley Fund and $999.13 from the Sewer fund and ordering payment made to Morton Salt Company $709.23; Cargill, Inc, $742.30; Lyon Chemicals, Inc. $499.80; Big Four Oil Company $208.60 and Rochester Materia Company $290.73. 6. Resolution appropriating $743.92 from the General Fund; $1,480.97 from the Street & Alley Fund; $2•,165.76 from the Sewer Fund and $12.,39.7.48 from the Lighting Fund and ordering payment made to Co-operative Oil Company $254.96; Wm. H..Ziegler Co., Inc. $266.84; City of Rochester, Minnesota $14,804.94; E. J. Vonch $942.06;-Shovel Supply Co., Inc. $250.86 and H. T. Earle, Sr. $268.47. T. Resolution appropriating $1,578.06 from the Street & Alley Fund; $237.56 from the Fire -Protection Fund; $894.21 from the Sewer Fund; $655.13 from the Police Prot. Fund and $311.79 from the Parking Meter Fund and ordering payment made .to Peoples Natural Gas Company $298.22; Rochester Sand & Gravel Company $2,366.41, H & H Electric Company $302.26 and City of Rochester, Minnesota $709.86. 8i Resolution appropriating $1,789.00 from the General Fund; #33.30 from the Street & Alley Fund; $1,655.52 from the Sewer Fund and $1,7.62:30.from the Auditorium Fund and ordering payment made to Rochester Post -Bulletin $325.60; Rochester Sand, Gravel and Blacktop $716.70; Honeywell, Inc. $335.32; Carlisle G. Fraser, Inc. $1,320.20; The First . National Bank $1,762.30 and A. B. A lgren $780.00. 9. Resolution appropriating $1,028.25 from the General Fund; $11.55 from the Street & Alley Fund; $169.28 from the Fire Protection Fund; $19.65 from the Sewer Fund; $512.11 from the Police Protection Fund; $37.77 from the Muss Fund and $119.99 from the Auditorium Fund and ordering payment .made to N. W. Bell Telephone Company $11,398.60 Andm The Charter Commission $500.00. 10. Resolution appropriating $698.56 from the Street & Alley Fund; $314.34 fromi the Police Protection Fund; $554.40 from the Fire Protection Fund; $238.32 from the Light- ing Fund and $892.08 from the Auditorium Fund.and ordering payment made to H. T. Earle Sr,, $698.56; •Univeraal Ford Sales, Inc. $314.34; Clifford of Vermont, Inc. $554.40 and City of Rochester, Minnesota $1,130.40. ll.Resolution appropriating $3,032.43 from the General Fund and ordering payment made to Narveson Draperies $247.38; Mobil Oil Company $1,422.85; Automatic Voting Machine Comap ny $207.20; Walter C. Heins Agency $320.00 and Quality Printers & Stationers, Inc. $835.00. 12. Resolution appropriating $16,933.93 from the General Fund and ordering pay-1 n ment made to Pfeifer & Schultz, Inc. $1,418.23 and Kirckof Plumbing & Htg. Co. $15,515.70. r 27 2'.. Record of Official Proceedings of the Common Council of the City of Rochester, Minn., December 6, 1965 10 The f dlowing Resolutions were each introduced and read,and upon $lotion made and sr -.- seconded and all voting in favor thereof, President De Vries declared the said resolutions duly passed and adopted: Resolution approving plans and specifications and ordering bids for the making of the following improvement:- Construction of sanitary sewer and water main extension to serve First Christian Church Property in Allendale Subdivision. Upon motion by Day, second by Perry, resolution adopted. Resolution declaring cost to be assessed and ordering preparation of proposed assessment for deferred assessment to Lots 29, 30 and 3.1, Block 1, College View Addition on account of: Construction of a Sanitary Sewer on 6th Street S. W. from a point 190' . West of 15th.Avenue S. W..to a point 450' West; and in Block 2 Dresbach's Addition; 14th Avenue S. W. ; 15th Avenue S. W.; 8th Street S. W.; and along T. H. 52•. Upon motion by Perry, second by Day,.resolution adopted. Resolution ordering a hearing on the proposed assessment for deferred assessment to Lots 29, 30 and 31, Block 1, College View Addition on account of Construction of a Sanitary Sewer on 6th Street S. W. from a point 190' West of 15th Avenue S. W. to a point 450' West; and in Block 2. Dresbach's Addition; 14th Avenue SW; 15th Avenue S. W.; 8th St. S. W.; and along T. H. 52. Upon motion by Perry, second by Day, resolution adopted. Resolution declaring -cost to be assessed and ordering preparation of proposed assessment for deferred assessment to Lots 2,91, 30 and 31, Block 1, College View Addition on account of.Construction of a Sanitary Sewer in 14th Avenue Southwest from .9th Street Southwest south to H. H. 52-14. Upon motion by Perry, second ,by Day, resolution adopted. Resolution ordering a .hearing on the proposed assessment for deferred assessment to Lots 29, 30 and 31, .Block 1, College View Addition on account of Construction of a Sanitary Sewer in 14th Avenue Southwest from 9th.Street Southwest south to T. H. 52-14. Upon motion by Perry, second by Day, resolution adopted. Resolution ordering a hearing on the proposed assessment for deferred assessment to Lots 29, 30 and 31, Block 1 College View addition on account of Extension of a Water Main in 14th Avenue Southwest from 9th Street Southwest to T. H. 52 - 14. Upon motion • by Day, second by Wilson, resolution adopted. Resolution declaring cost to be assessed and ordering preparation of proposed assessment for deferred assessment to Lots 29, 30 and 31,, Block 1 College View Addition on account, of.: Extension of a Water Main in 14th Avenue Southwest from ,9th Street South- west to T. H. 52 - 14. Upon motion by Day, second by Wilson, resolution adopted. Resolution declaring cost to be assessed and ordering preparation of proposed assessment for deferred assessment to Elton Hills East 2nd Subdivision on account of Construction of a water tower - to be located on the' east side of 18th Ave. N. W. approx- imately 1250 feet north of the present City limits together with the necessary trunk line to connect said water tower with the City system on 18th Avenue N. W. Upon motion,.by Day, -second by Wilson, resolution adopted. Record of Official Proceedings of the Common Council 2709• of the City of Rochester, Minn., December 6, 1965 Resolution ordering a hearing on the proposed assessment for deferred assess- ment to Elton Hills East 2nd Subdivision on account of construction of a water towerto be located on the east side of 18th Avenue N. W. approximately 1250 feet north of the present City limits together with the necessary trunk line to connect said water tower with the City system on 18th Avenue N. W. Upon motion by Wilson, second by Day, resolution adopted. Resolution declaring cost to be assessed and ordering preparation of proposed assessment for the Construction.of Sidewalk on both sides of 17k Street Northwest from 18th Avenue Northwest to 19th Avenue N. W. Upon motion by Day, second by Eichten, res- olution adopted. • Resolution ordering a hearing on the proposed assessment for the construction of Sidewalk on both sides of 17k Street -Northwest from 18th Avenue Northwest to 19th Avenue Northwest. Upon motion by Day, second by Eichten, resolution•adopted. Resolution declaring cost to be assessed and ordering preparation of proposed assessment for the construction of concretesidewalk on both sides of 18th Street North- west from 19th Avenue Northwest,to 21st Avenue Northwest. Upon motion by Eichten, second by Wilson, resolution adopted. Resolution ordering a hearing on the proposed assessment for the construction of concrete sidewalk on both sides of 18th Street Northwest from 19th Avenue Northwest to 21st Avenue Northwest.. Upon motion by Day, second by Wilson, resolution adopted. Resolution declaring cost to be assessed.and ordering preparation of proposed assessment for the construction of sidewalk on south side of 6th Street Southeast from loth to llth Avenue Southeast. Upon motion by Perry, second by Day, resolution adopted. .Resolution ordering a hearing on the proposed assessment for'the construction of sidewalk on south side of 6th Street Southeast from loth to llth Avenue Southeast.*Upon motion by Perry, second by Day, resolution adopted. Resolution declaring cost to be assessed and ordering preparation of proposed assessment for the following local improvement: Sidewalk on both sides of 5th Street N. W. from 36th Avenue N. W. West to West end of 5th Street N. W. as platted i n Country • Club Manor 1st Addition and Country Club Manor 2nd Addition (except the North Side of 5th Street N. W. from 36th Avenue to 5th Place N. W.) Upon motion by Perry, second by Hanlon, resolution adopted. Resolution declaring cost to be assessed and ordering preparation of proposed assessment for the construction of sidewalk at certain locations in Northeast Rochester (1) on the east side of North Broadway from 14th to 16th Street N. E. (2) on the South side of 17th Street N. E. from 2nd to 3rd Avenue N. E. (3) on the west side of 2nd Avenue N. E. abutting Lot 11, Block 1, Gregg Addition (4) on the west of 3rd Avenue N. E. abutting lost 1 through 4, Block 3, Huey Reynolds Addition (5) both sides of 16th Street N. E. from Broadway to 2nd Avenue N. E. Upon motion by Perry, second by Eichten, resolution adopted. Resolution ordering a hearing on the proposed assessment for the sidewalk on both sides of 5th Street N. W. from 36th Avenue N. W. West to West end of 5th Street N. W. • as platted in Country Club Manor 1st Addition and Country Club Manor 2nd Addition (except the North side of 5th Street N. W. from 36th Avenue to 5th Place N. W. Upon motion by 1 274 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., December 6, 1965 E Perry, second by Hanlon, resolution adopted. Resolution ordering a hearing on the proposed assessment for the construction of sidewalk at certain locations in Northeast Rochester (1) on the east side of North Broadway from 14th to 16th Street N. E. (2) on the South side of 17th Street N. E. from 2-nd to 2nd to 3rd Avenue N. E. (3) on the west side of 2nd Avenue N. E. abutting Lot 11, Block 1, Gregg Addition (4) on west side of 3rd Avenue N. E. abutting Lots 1 through4, Block 3, Huey Reynolds Addition (5) both sides ofl6th Street N. E. from Broadway to 2nd Ave. N. E. Upon motion by Perry, second by Day, resolution adopted. Resolution declaring cost to be assessed and ordering preparation of proposed assessment for construction of a sanitary sewer and Water main in 6th Street Northwest • from llth Avenue Northwest to 16th Avenue Northwest. Upon motion by Eichten, second by Wilson, resolution.adopted. Resolution ordering a hearing on the proposed assessment for Construction of a Sanitary Sewer and Water Main in 6th Street Northwest from llth Avenue Northwest to 16th Avenue Northwest. Upon motion by Perry, second by Day, resolution adopted. Resolutionz.authorizing and directing the City Clerk to advertise for bids for the furnishing of one (1) new "Force Feed Loader with 30° Conveyor Belt" for the Rochester City Engineer's Department. Upon motion by Day, second by Eichten, resolution adopted. . Resolution investing $230,000.00 of Sinking Fund monies.. Upon motion by Hanlon, second by Eichten, resolution adopted. Resolution approving a resolution passed and adopted by the Public Utility Board. Upon motion by Day, second by Wilson, resolution adopted. The following resolution was read andsP,resident >DbVVfiesrdeeAtdd theltesolutidntdulytpassedcand.adopted BE1?IT;?RESOLVED4bycthe Public,UtilityyBbardyofsthenCity bfyRochester4oMinnesota, that the amount of $200,000.00 be appropriated to the First National Bank of Roch- ester in payment of federal.intermediate credit banks consolidated debentures bear- ing interest from December 1, 1965, to September 1, 1966, with interest at the rate of 4.6% per annum. BE IT FURTHER RESOLVED that the said 'debentures be purchased for: $150,000.00 for invested funds - Electric Department Depreciation Reserves. $50,000.00 for invested funds - Water Department Depreciation Reserves. Resolution authorizing the Public Utility Board to enter into contract with Weichselbaum and Pieper, Architects for furnishing Professional Services necessary for i the preparation of plans and specifications and the supervision of the work for the Construction of a Garage and Warehouse Facility. Upon motion by Perry, second by Day, resolution adopted. Resolution re disability of Kenneth Karau, an employye in the Park Department. - Upon motion by Hanlonr, second by Day, resolution adopted. Resolution setting salary of Asssitant Personnel at Pay Grade No. 64, Monthly salary 453-541 per month for the year ending December 31, 1965, was read. Upon motion by Perry, second by Day, resolution adopted. Upon motion by Wilson, second by Day, and all voting in favor thereof, the meeting was adjourned until 7:30 P. M. • Record of Official Proceedings of the Common Council of the City of Rochester, Minn., December 6, 1965 27� LI 1 • LI President DeVries called the meeting to order at 7:30 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 place set for hearings on the following projects: Hearing on change of zoning on property bounded by 3rd Avenue N. E. and U. S. 63 from 31st Street N. E. to the north line of Sehl's 2nd Subdivision from R-1 District to R-3 District. A protest signed by'22 residents whose property bounded by 3rd Avenue N. E. and U. S. 63 and a protest signed by 38 owners of land located in the vivinity of the outer perimeter of the property were each presented. Mr. Harold Krieger, Attorney representing those protesting was present and stated that the plans bubmtted to the Planning & Zoning Commission did not comply with the zoning ordinance, as the plan was incomplete; as a result, the land- owners in the vicinity have little or no knowledge as to what type of large scale development on the 9 acre tract is being contemplated, except that R-3 zoning has been requested, on the basis of present zoning standards, as much as 392 units would be allowable, assuming efficiency apartment construction, which requires only 1000 square feet of lot area per unit; the buildings could be as much as three and one half stories high, such a development would surely create many problems and have a great effect upon residents in single facility dwelling; in the area; one of the greatest causes of concern to individual property owners in the area is the effect on R-3 zoning would have upon the value of their adjacent homes, surely it is evident that the desirability of living on a street which has single family dwelling units on both sides is far greater than living in a single family residence which has directly opposite its front door a'battery of multi -unit apartment houses which could be as much as three and one half stories high; the effect that a development such as this would have on property value of single residences in the area is amplified by other unknown quantities not yet presented; for example, what type of construction if contemplated - frame or brick? What are the fire protection features? Will there be firewalls between the various units? How many units will there be? How much area will they cover? A further anylsis will point up many other unansweredi problems and increased burdens on the surrounding area, in a high density development, traffic) of necessity, increases many fold, the Planning Commission has recommended no additional accesses onto Highway #63, the result is that traffic in and out of the area will not be concentrated at two outlets, one at the'south end and one at the north end, which is actually maintained by the township; increased expense of street maintenance and improvement°will be imperative and this expense will in part fall back upon the adjacent'property owners ; how wil'. the increased'trafic be handled and will it require traffic ligh installations; assuming their will be many additional children will a pedestrian overpass be required and will there be immediate need for a new school building; there would appear to be a limitation relative to sewer service. For these reasons your petitioners respectfully request that the zone change be denied. Mr. Frances Sehl, the petitioner, was present and spoke in favor of the zone change he said that a few years ago he met with the County Commissioners and Mr. William Poblete and tried to induce the people in this area to annex their property and develop it in an orderly 0 ' 276. Record of Official Proceedings of the Common Council of the City of Rochester, Minn., December 6, 1965 • manner but they did not want to; he said now he was in difficulty because he could not assume all the cost of street survey and construction, due to some misunderstanding he developed Sehl's 1st instead of Sehl's Second; he said there is adequate sewer to take care of this areaand he did not fee this zone change would ruin this area; as far as traffic was concerned he said traffic is always generated by people and the only way we can keep traffic down is to eliminate people or automobiles; he said he was not in a position to tell who was going to develop out here or what they were going to build. Mr. Carsten Anderson of 2650 Riverside Drive; Mr. Donald Rehabain of 2915 - 3rd Avenue N. E. each spoke against the (zone change. Mrs. Frances Sehl spoke in favor of the zone change. A motion was then made by Day, second by Wilson, that the hearing be continued until 7:30 P. M. on January 17, 1966 and that in the meantime Mr. Sehl furnish us with a development plan of the area but upon roll call Day, Eichten, and McCaleb voted "aye" and Hanlon, Wilson and DeVries voting "no", the m otion was lost. A ,otion was then made by Eichten, second by Hanlon, that the petition to change this zoneing from R-1 to R-3 District be dentid but upon roll call Day, McCaleb, Wilson and DeVries voting "no" and Eichten.and Hanlon voting "aye", the motion was lots. After further lengthy discussion a motion was made by Wilson, second by McCaleb, that the recommendation of the Planning & Zoning Commission be tabled until January 3, 1966 in the hopes that we can get to this and solve the problem so the people will know what will be built there; upon roll call and Day, Eichten, McCaleb and Wilson voting "aye" and Hanlon and DeVries voting "no", the motion was carried and the matter tabled until January 3, 1966. Alderman Perry arrived at 9:00 p. m. Hearing on granting a variance to the provisions of paragraph 52.020 of Ordinance No. 1296 as they apply to proposed construction of a building on Lot 4, Block 6, Head & McMahon's Addition (414 0 7th Street S. W.). The recommendation of the Planning & Zoning Commission dated November 12, 1965 stating that they had reviewed the application to vary the provisions of Paragraph 52.020 of the Zoning Ordinance which requires an addition 2 inches of side yard for each one foot of building depth beyond a 40 ft. length; that the owner.proporses to construct a four -family dwelling on this lot, which together with the vacated alley has a frontage of 68 feet and an area of 10,608 S.F. and is a permitted use in the R-2 District; the building proposed to be constructed is 86 feet in depth and as a result the required side yards needed are 12 feet plus an additional 7 ft. 8 nches for a total of 19 ft. 8 in. and 16 ft. plus an addition 7 ft. 8 inchesfor a total of 23 ft. 8 inches; this leaves a buildable width of 24 ft. 8 inches which is not adequate for the proposed use; the width of the proposed building is 40 feet; the property is adjacent to a park on the east side and a single family dwelling on the west and there would be no detrimental effect on the park ffom this variance as the building would be located 16 ft. from the east property line and it would be located 12 ft. from the west line adjoining the residential property on the west and they therefore recommend that the provisions of Paragraph 52.020 of Ordinance No. 1296 be varied and only the required minimum yard space of 12 ft. and 16 ft. be provided as specified in Paragraph 22.04 of Ordinance No. 1296y for a 2-2'k story building used for a four family • 1 u • Record of Official Proceedings of the Common Council 277 of the City of Rochester, Minn., December 6, 1965 dwelling, was again read. There was no one present wishing to be heard. President DeVries declared the hearing officially closed. A motion was then made by Day, second by Wilson, that this variance be approved and the City Attorney be instructed to prepare the necessary resolution and upon roll call Day, Eichten, McCaleb, Wilson and DeVries voting "aye",and Hanlon and Perry voting "no", the motion was carried. R. V. Ehrick, City Attorney, again stated that there is no legal basis for this variance, there is no hardship shown and there are no extraordinary circumstances shown. Hearing on approval of the final plat of Resubdivision of West Part of Block 1, • Silver Acres Subdivision. There was no plat presented, so upon motion by Wilson, second by Eichten, and all voting in favor thereof, the hearing was closed. The recommendation of the Public Safety Committee (signed by Wilson and Day) stating that they had considered the request of Rocabco, Inc. dba Vets Blue and WhiteCabs.for an additional taxicab license, the gross revnenue under Section 158.140 municipal code for Rochester is not sufficient at this time to add an additional taxicab, however, the Committee believes that public convenience and necessity warrants the addition of one taxicab license to provide adequate taxicab service to the public and the Committee recommends that their request be approved and that one additional taxicab license be granted to Rocabco, Inc. was read. Upon motion by Wilson, second by Day, that the recommendation be approved and the license granted, and upon roll call and Day, Hanlon, Wilson and DeVries voting "aye" and Eichten, Hanlon and Perry<,. voting "no", the motion was carried and the license granted. The recommendation of the Public Safety Committee that parking be restricted to two hours on the west side of 6th Avenue N. W. between the C. N. railroad trakcs and 7th Street and on the east side of 6th Avenue N. W. between the Chicago Northwestern railroad tracks and 6th Street between the hours of 8:00 A. M. and 5:00 P. M., Monday through Friday, was read and upon motion by Wilson, second by Day, and all voting in favor thereof, the recommendation was approved and the City Attorney was instructed to prepare the necessary resolution. The recommendation of the Public Safety Committee stating that they had considered the resolution by the Board of Park Commissioners relative to acquriing certain lands located along the Zumbro River, south of 12th Street S. W. for park purposes and request that the Park Board place this request on the agenda for their meeting with the Common Council on December 20, 1965 was read and upon motion by Day, second by Wilson, and all voting in favor thereof, the recommendation was approved. The recommendation of the Finance Committee that the City Assessor be authorized to employ six part time deputies to determine homesteads during the month of December, 1965 was read and upon motion by Wilson, second by Day, and all voting in favor thereof, the recommendation was approved. The recommendation of the Finance Committee that the appointment of Mr. C. Randall Briese to the position of Personnel Assistant at $453.00 per.month, grade 64, step A effective December 6, 1965 was read and upon motion by Day, second by Wilson, and all voting in favor thereof, the recommendation was approved and the appointment confirmed. C Record of Official Proceedings of the Common Council of the City of Rochester, Minn., December 6, 1965 0 The recommendation of the Finance Committee that the Street & Alley Department be authorized to purchase one 12,000 gal. asphalt holding tank for the amount of $400.00, monies for this were budgeted in the 1966-67 budget butthis is a good one and can be purchased for $400.00 was read and upon motion by Day, second by Wilson, and all voting in favor thereof, the recommendation was approved. The recommendation of the Finance Committee that Norbert Reichrath be appointed to the position of Property Appraiser I at $453.00 per month, grade 58, step D Effective December 20, 1965, was read and upon motion by Wilson, second by Day, and all voting in favor thereof, the recommendation was approved and the appointment confirmed. The applications of Murphy Oil Corporation, Maple Island Dairy Store and The Saddele for license to sell cigarettes were each read and upon motion by Day, second by Wilson, and all voting in favor thereof, except Alderman Hanlon who opposed, the licenses were granted. The application of Littrup Nielson, Inc. for a license to connect with sewers and drains was read and upon motion by Day, second by Wilson, and all voting in favor thereof, the license was granted. The application of Sam Russell for a Master Plumber's license was read and upon motion by Day, second by Wilson, and all present voting in favor thereof, the license was granted. The license bond of Sam Russell dba C & S Plumbing & Heating in the amount of $1,000.00 with Western Surety Company as surety was read and upon motion by Day, second by Wilson, and all voting in favor thereof, the bond was approved, the surety thereon accepted and the bond was ordered placed on file. The report of the Cityh Weighmaster for the month of November, 1965 showing fees collected for loads weighed in the amount of $146.50 was presented and President DeVries ordered the same placed on file. The reports of the Clerk of Municipal Court for the week ending November 19, 1965 showing total criminal fines and costs collected and vivil fees received $3,519.50;and total remitted to the City Treasurer $2,604.50; and for the week ending November 26, 1965 showing • total criminal fines and costs collected and civil fees received $3,038.00 and total temitted to City Treasurer $2,068.00 and for the week ending December 3, 1965 showing total criminal fines and costs collected and civil fees received $3.,038.00 and total remitted to the City Treasurer $2,694.50 were each presented and President DeVries ordered the same placed on file. The recommendation of the Planning and Zoning Commission stating that they had reviewed the Zoning Districting Map of the City of Rochester ):and recommend the following, was read: 1. Change from the R-S District to the R-1 District all of Parkside Subdivision; Baihly's First Addition; Lots 10-14, Block 7 and Block 8, Williams -Healy and Cornforths Addition; and Lot 21, Plummber's Replat. 2. Change from the R-1 District to the R-Sa District all lots on the west side of 8th Ave. S.W. from 6th St. S.W. to 9th St. S.W. and on the south side of 6th St. S.W. from 8th Ave. S.W. to two lots west of loth Ave. S.W. 3. Change the existing R-S District to the R-Sa District. A motion was then made by Wilson, second by Day, that this recommendation be tabled until Record of Official Proceedings of the Common Council of the City of Rochester, Minn., December 6, 1965 1 • 1 L� 1 February 7, 1965. A motion was then made by Hanlon, second by Day, to amend the above motion to read the 1st meeting in April, 1966 and upon roll call Eichten, McCaleb, Perry lcand Wilson and DeVries voting "no" and Day and Hanlon voting "aye", the motion was declared lost. President DeVries then called for a vote on the vgirinal motion and upon roll call Day,Wilson and DeVries voting "aye" and Eichten, Hanlon and McCalbe voting "no", the motion was lost. A motion was then made by Hanlon, second by Eichten, that the recommendation be approved and a hearing be set for February 7, 1966, and upon roll call and all voting in favor thereof, except Alderman Wilson who voted "nO", the motion was carried. A letter signed by John Bakke -advising of hisresignation from City employment at the end of December, 1965 was read and upon motion by Hanlon, second by Eichten, and all voting in favor thereof, the resignation was accepted. The resignation of Arleigh Schroeder from the Rochester Fire Departement effective January 1, 1966 was read and upon motion by Day, second by McCaleb, and all voting in favor thereof, the recommendation was approved. A petition signed by Charles Kieffer and Daryl Engelhardt to have Lot 1, Block 5, and north half of Lot 2, Block 5, Golden Hill Addition changed from M-1 District to R-4 District was read and upon motion by Wilson, second by Eichten, and all voting in favor thereof, the petition was referred to the Planning and Zoning Commission. Alderman McCaleb left the meeting. Alderman Hanlon introduced the following resolution which was read: "Whereas, the County of Olmsted and the City of Rochester on March 30, 1965 entered into an "Agreement in Support of a Community Mental Health Center" to provide jointly for mental health services to the residents of Olmsted County during the period July 1, 1965 to June 30, 1966, and WHEREAS, it is now proposed that the City of Rochester withdraw from the foregoing arrangement and agreement in favor of a new joint Olmsted County- Fillmore County arrangement whereby mental health services would be provided to all residents of both counties by a publicly supported corporationto be known as the Zumbro Valley Mental Health Center, and WHEREAS, the Common Council deems the new proposed arrangement to be an improvement over the present Mental Health Center of the Rochester -Olmsted County Health Unit and is agreeable to withdrawing therefrom and transferring all of its right, title and interest in the personal property and residual state mental health funds devoted thereto. NOW THEREFORE, be it resolved byh, the Common Council.of the City of Rochester that effective at midnight on December 31, 196k the City of Rochester discontinues and withdraws its participation.in the Mental ealth Center of the Rochester - Olmsted County Health Unit and in -the "Agreement in Support of a Community Mental Health Center" executed on March 30, 1965 and transfers all of its right, title and interest in the personal property acquired on behalf of said mental health center to the Zumbro Valley Mental Health Center, and reqlinquishes all its right to resideual mental helath funds pledged by the State of Minnesota. Be it further resolved that the foregoing action is taken on the following conditions precedent: 1. That the County of Olmsted similarly discontinues and withdraws its participation in the aforesaid Mental Health Center of the Rochester -Olmsted County Health Unit and in the "Agreement in Support of a Community Mental Health Center" effective at midnight on December 31, 1965. 2. That the State of Minnesota consent to the foregoing action by the City of Rochester and the County of Olmsted. 3. That the Zumbro Valley Mental Health Center, be effectively established as an operating unit on January 1, 1966 with approval of the County of Olmsted the County of Fillmore and the State of Minnesota." Upon motion by Day, second by Eichten, and upon roll call and all present voting in favor thereof, except RFesident DeVries who voted "no"; the resolution was duly passed and adopted. 174 280 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., December 6, 1965 Resolution initiating condemnation proceedings for easements for the purpose of constructing, maintaining, repairing and reconstructing a public sanitary sewer and a public water main and temporary easements to construct a sanitary sewer and water main extension to serve parts of Lots 22, 23 and 24, Allendale Subdivison, which was read. Upon motion by Perry, second by Hanlon, and all voting in favor thereof, except Day who "abstained", the resolution was duly passed and adopted. Resolution granting variance to provisions of Article 52.020 of the Zoning Ordinance so as to permit the construction of a four -family dwelling 86 feet in depth upon Lot 4, Block 6, Head & McMahon's Addition together with the vacated alley abutting said lot on the east side, Olmsted County, Minnesota, with a 12 foot minimum side yeard requirement on thewest side and 16 foot minimum side yard requirement on the east side, was read. A motion was made byyWilson, second by Day, that the resolution be adopted as read and upon roll call, Day, Eichten, Wilson and DeVries voting "aye" and Hanlon and Perry voting "no", President DeVries declared the said resolution duly passed and adopted. (R. V. Ehrick, City Attorney, again informed the Council that this was invalid and there were no legal grounds for granting such a variance). An Ordinance amending Sections 83.010 and 83.100 of Chapter 83 entitled, "Electrical Code, Variations from National Code" of the "Rochester Code of Ordinances, was given its first reading. Upon motion by Hanlon, second by Perry, 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 Hanlon, 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 eeading. A motion was then made by Eichten, 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 annexing to the City of Rochester, Minnesota, certain unplatted land in the Northwest Quarter of Section Twanty-Seven, 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 (east 297.0 feet of west 1287.0 feet of sou south 440.0 feet of NWk Sec. 27-107-14, south of Northgate 6th Addition) was given its third and final rearing. Upon motion by Day, second by Hanlon, and all present voting in favor thereof, except Alderman Perry who voted "no"; this ordinance was tabled until January 17, 1966. Resolution to give notice of intent to annex land south of Northgate 6th Addition which is 75% surrounded by City on three sides was again read and upon motion by Day, second by Hanlon, and all present voting in favor thereof, the resolution was tabled until January 17, 1966. An Ordinance amending Section 23.010 of Chapter 23 entitled "Fire Department" of the Rochester Code of Ordinance", was given its third and final reading. (This changes the Personnel inthe"Fire Department as follows: One Chief, three Assistant Chiefs, twelve 1 1 1 U 1 0 Record of Official Proceedings- of the Common , Council of the City of Rochester, Minn., December 6, 1965 2 S I 1 • 1 1 n 1 Captains, one Mechanic, one Assitant Mechanic, one Alram Superintendent, one Assistant Alram Superintendent, one Chief of the Fire Prevention Vureau, two Inspectors, eighteen Motor Operators and thirty-four Fire Fighters"). A motion was then made by Day, second by Wilson, that the said Ordinance be adopted as read, and all present voting in favor thereof, except Alderman Hanlon who abstained, President DeVries declared the said ordinance duly passed and adopted. 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 Eleven, Township One Hundred Six North, Range,Fourteen, Olmsted County, Minnesota, was given its second reading. Upon motion by Day, 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 Day, second by Wilson, 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 - A motion was then made by Eichten, second by Hanlon, that the Personnel Director be directed to advertise for an Administrative Assistant for the City Council and the Mayor, all present voted in favor thereof, so President DeVries declared the motion carried. Upon motion by Wilson, second by Day, and all voting in favor thereof, the meEting was adjourned. %'L� Cit Clerk is