HomeMy WebLinkAbout07-10-1967Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., July 10, 1967 - •
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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 July 10, 1967.
President DeVries called the meeting to order at 2:00 o'clock P..M., the following
� members being present: President DeVries, Aldermen Day, Ellison, Folkert, Perry, Postier.
Absent: Alderman Larson.
Upon motion by Postier, second by Day, and all present voting in favor, the
minutes of the meeting held June 19, 1967 were approved.
President DeVries stated this as being the time and place set for receiving and
opening bids for the following projects:
Bids for replacement of sidewalks in N. E. Rochester: Sidewalk Project #2-1967.
The bids of Edward Mahoney in the amount of $1,040.40 and Doyle Conner Company in the amount
of 1,072.00 were each received and opened and upon motion by Folkert, second by Perry, and
present
all/voting in favor, the bids were referred to the Public Works Committee and City Engineer
for tabulation and recommendation.
Bids for replacement of sidewalks in N. E. Rochester: Sidewalk Project #3-1967.
The bids of Edward Mahoney in the amount of $1,171.80 and Doyle Conner Company in the amount
of 1,205.40 were each received and opened and upon motion by Perry, second by Ellison, and
present
all/voting in favor, the bids were referred to the Public Works Committee and City Engineer
for tabulation and recommendation.
Bids forreplacement of sidewalks in N. E. Rochester: Sidewalk Project #4-1967.
The bids of Edward Mahoney in the amount of $866.70 and Doyle Conner Company in the amount
of $892.20 were each received and opened and upon motion by Ellison, second by Folkert, and
all present voting in favor, the bids were referred to the Public Works Committee and City
Engineer for tabulation and recommendation.
The Mayor's appointment of William Anton of 1510 18th Avenue Northwest to the
position of Detective in the Rochester Police Department, effective upon Council approval
July 10, 1967, was read. Upon motion by Perry, second by Day, and all present voting in favor,
the appointment was confirmed.
The Mayor's appointment of Arthur Feind of 304 18k Avenue Southwest to the
position of Juvenile Officer in the Rochester Police Department, effective upon Council
approval July 10, 1967, was read. Upon motion by Postier, second by Day, and all present
voting in favor, the appointment was confirmed.
The Mayor's appointment of Alan Arthur Fritsche of 16 Seventh Avenue Southeast;
Eugene Bernard Sutton of Route #1; James Michael Aug of 1504 16th Avenue Northwest; Albert
William Sisson of 1204 17th Avenue Northwest; William John Gordon of 180 East Mark Street in
Winona, Minnesota; Bruce Warner Norton of West Concord, Minnesota and Michael Seidel of
as patrolmen on the Police Department
23 Marvale Avenue,/effective date of employment to be September 1, 1967, was read. Upon
motion by Day, second by Ellison, and all present voting in favor, the appointments were
confirmed.
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A notice from the National League of Cities of the 44th annual Congress of Cities
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Record of Official Proceedings. of the Comm onCouncil
of the City of Rochester, Minn., July 10, 1967
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to be held in Boston, Massachusetts on July 29 - August 2, 1967 was read and President
DeVries ordered the same placed on file. A motion was then made by Day, second by Folkert,
and all present voting in favor, that the Mayor and members'of the Council be authorized to
attend the said conference at city expense.
The request of the Board of Education requesting that a sidewalk be placed on one
or both sides of Fifth Avenue Northeast, north of 14th Street, leading to the Frank Be.Kel
Junior High School, was read. Upon motion by Day, second by Postier, and all present voting
in favor, the request was referred to the Public Works Committee.
The request of Viktor 0. Wilson, M. D., Health Officer for approval of the
appointment of Miss Linda L. Faber of 1418k 1st Street S. W. as a staff public health nurse,
effective June 26, 1967, was read. Upon motion by Day, second by Folkert, and all present
voting in favor, the same was approved.
A letter.from the Rochester Jaycees requesting that the Council withhold any
action on the proposed one-way street system until an overall downtown concept can be
developed was read and President DeVries ordered the same placed on file.
A letter from the W. L. Ryan Beverage Company regarding the alley adjoining their
property in Block 6, Valleyhigh Replat was read. Upon motion by Day, second by Folkert, and
all present voting in favor, the lett er was referred to the Public Works Committee.
A letter from Mr. & Mrs. Russell Hoven requesting a loading zone in front of
their property at 121 Third Avenue N. W. was read. Mrs. Hoven was present and explained that
they had an apartment house here and also her husband"was the Electrolux representative and
people were unable to get parking on this one way street. Upon motion by Postier, second by
Day, and all present voting in favor, the request was referred to the Public Safety Committee.
The three following resolutions adopted by the Public Utility Board were each
read and upon motion by Folkert, second by Ellison, and all present voting in favor, the
resolutions were approved:
"Be it resolved by the Public Utility Board'of the'City of Rochester
that the Common Council authorize the said Board to enter into a contract
with Flour Products Company Incorporated to furnish, deliver, erect and .
place in commercial operation, one cooling tower, all as specified and in
strict accordance with the plans and specifications prepared by Pfeifer
and Shultz, Inc., Engineers, the amount of the contract to be One Hundred
Twenty One Thousand and no/100 Dollars (121,000.00).
Be it further resolved by the Public Utility Board that the Common
Council direct the Mayor and City Clerk to execute the contract documents."
"Be it resolved by the Public Utility Board of the City of Rochester
that the Common Council authorize the said Board to enter into a contract
with Allegheny Ludlum Steel Corporation for furnishing in accordance with
specifications on file
2400'- Stainless Steel Condenser Tubes
the amount of the contract to be Fifteen Thousand Seven Hundred Nineteen
and 82/100 Dollars ($15,719.82) and Allegheny Ludlum Steel Corporation
being the lowest responsible bidder.
Be it further resolved that the Common Council Direct the Mayor and
City Clerk to execute the contract documents."
"Be it resolved by the Public Utility Board of the City of Rochester
that the Common Council authorize the said Board to sell the following
Federal Home Loan Bank Notes in the amount indicated:
$400,000.00 Federal Home Loan Bank Notes dated 9/26/66 maturing
9/27/67 and bearing ineterest at 6r/. per annum.
Be it further resolved that the proceeds be appropriated to the First
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of the City of Rochester, Minn., July 10, 1967 •
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National Bank of Rochester for the purchase of Participation Certificates II
in the Government Mortgate Liquidation Trust Federal National Mortgage
Liquidation Trust Federal National Mortgage Association, Trustee dated
June 29, 1967 maturing September 29, 1969 and bearing interest at the rate
of 5.25% per annum.
Be it further resolved by the Public Utility Board that the certificates
be purchased for Electric Department Depreciation Reserve $250,000.00 and I
Water Department Depreciation Reserve $150,000.00-."
The claims for damage to their property due to a back-up which occurred in the
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sewer system of Mr. & Mrs. Chester Hanson of 1919 3rd Avenue N. E.; Joan Godlove of 1919 3rd
Avenue N. E.; Mrs. Gerhard Betcher re apartments at 1923, 1929 and 1933 3rd Avenue N. E.;
G. R. Willis of 1749 3rd Avenue N. E.; Mr. & Mrs. Franklin H. Rahman of 1907 3rd Avenue N.E.;
Mr. & Mrs. Donald L. Smith of 1719 3rd Avenue N. E.; G. R. Willis of 1749 3rd Avenue N. E. and
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a letter from John S. Gowan, Attorney in behalf of Mrs. Gerhard Betcher, were each read. Upon i
motion by Postier, second by Ellison, and all present voting in favor, the claims were
referred to the City Attorney.
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The following petitions and applications were each presented and upon motion by
Perry, second by Postier, and all present voting in favor, the same were referred to the
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Planning &.Zoning Commission: ,
1. Petition of First National Bank of Minneapolis and Mrs. Elizabeth Lowry
of vacation of certain streets in Willson's Addition.
2. Petition of Florence M. Smith for zoning change on Lot 7 and East 14 feet I
of Lot 8, Block 25, Northern Addition (14 llth St. N.W.) to Bla.
3. Petition of Milton and Mildred Kaplan for annexation of Lot 44 and Lot 58,
North Sunny Slopes.
4. Application for final plat approval of Meadow Park Resubdivision "B".
5. Application for preliminary plat approval of Resubdivision of Lots 1 thru 6,
Block 35, Country Club-Manor.9th Addition. i
6. Petition to vacate easements shown on Replat of West 1/2 of Block 1,
Silver Acres Subdivision.
7. Application for change in general development plan for West 1/2 of Block 1,
Silver Acres Subdivision.
8. Application for replat approval of final plat of Resubdivision #2 of West i
Part, Block 1, Silver Acres Subdivision.
9. Application for approval of Community Development Project for Silver Acres !
Subdivision.
10. Petition of Sunrise Estates First Addition to vacate utility easement in
Lots 8, 9, 10 and 11, Block 6, Sunrise Estates First Addition.
11. Petition to vacate alley in Block 31, Original Plat from Kahler Corporation.
A letter from Mr. & Mrs. Alfred Banick requesting consideration for acquiring a
liquor license to be used at 1123 2nd Street S. W., was read and upon motion by Perry, second
by Postier, and all present voting in favor, the same was ordered placed on file.
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The preliminary estimates of the City Engineer for replacement of sidewalks in N.E.
Rochester, Sidewalk Project #2-1967 in the amount of $1,037.20; replacement of sidewalks in
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N. E. Rochester, Sidewalk Project #3-1967 in the amount of $1,164.98 and replacement of
sidewalks in N. E. Rochester, Sidewalk Project #4-1967 in the amount of $857.01 were each
read and President DeVries ordered the same placed on file.
A letter from Miss Bessie R. Brown making comments.on the street plans offered and
also a letter from Willard H. Knapp re one-way street pnsposal were each presented and the
same were ordered placed on file. j
A letter signed by Fredric Rahn, City Engineer's Department regarding certification
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of Engineering Technicians and requesting a meeting to explain this was read. Upon motion by
Perry, second by Folkert,`and all present voting in favor, the letter was referred to the
Personnel Advisory Committee.
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Record of Official Proceedings of the Common Council
• of the City of Rochester, Minn., July- 10, 1967
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A letter from Mrs. D. M. Masson of 420 Sixth Avenue S. W. requesting information
as to the plans for straightening 6th Avenue S. W. at 2nd Street S. W. was read. Upon motion
by Day, second by Ellison, and all present voting in favor, the letter was referred to the
Public Works Committee.
A letter signed by Owen J. Korsmo, Agent for State Farm Insurance, requesting a
loading zone in the 900 block on North Broadway for one hour parking was read and upon motion
by Day, second by Perry, and all present voting in favor, the letter was referred to the
Public Safety Committee.
Upon motion by Day, second by Perry, and all present voting in favor, the matter
of establishing a loading zone at 24 First Avenue N. W. was referred to -the Public Safety
Committee.
4'letter from the Firemen's Civil Service Commission submitting the names of the
15 men standing
the highest on the eligibile
register, as follows:
1.
Norman, Elgin L.
1115 East Center Street
2.
Sizer, Bradley W.
625 22nd St. N.W.
3.
Bernard, Ralph H.
306 20th Avenue S.W.
4.
Loftus, John M.
1413 13th Ave. N.W.
5.
Steward, Merle E.
145 2nd St. N.W.
6.
Walsh, John F.
115k 8th Ave. S.E.
7.
Thiem, Jon L.
32 7th St. N.W.
8.
Riess, Arthur W., Jr.
308 18k Ave. S.W.
9.
Guyse, Joseph F.
856 9th Ave. S.E.
10.
Laughton, Joseph L.
219 6th St. S. E.
11.
Braun, Michael J.
1525 loth Street S.E.
12.
Nelson, Kenneth A.
949 llth Avenue N. E.
13.
Rud, Stanley A.
1302 14th St. N.W.
14.
Cotten, Harvey-G.
417k 9th Ave. S.E.
15.
Peterson, Douglas E.
1119 North Broadway.
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A motion was then made by Day, second by Ellison, that the first twelve men on the above
list be appointed as firemen, effective August 1, 1967; all present voted, -in favor.
The recommendation of the Joint Rochester -Olmsted County Planning Commission static
that they had considered the proposed location for Circle Drive between U. S. 52 North and. U.S.
63 North; and had available the projected 1985 traffic assignment data based on a proposed 1985
Thoroughfare System, these data indicate an urgent need for a traffic connection between U.S.52
and U.S. 63 across the northerly part of the City of Rochester with grade separated access
points at U.S. 52, 18th Avenue N. W., approximately 9th Ave. N.W. and U. S. 63; since the
proposed level of traffic service on Circle Drive is now higher than had originally been
contemplated and since development along the 37th Street N. W. alignment would make it very
costly to acquire the right-of-way for the interchange needed at U. S. 52 and 18th Avenue N.W.,
they recommend that the Circle Drive connection between U. S. 52 and U. S. 63 be located in the
general vicinity of 41st Street N. W., was read. Upon motion by Day, second by Ellison,and all
voting in favor, the recommendation was referred to the Public Works Committee. Alderman Day
stated that he understood that the County had sufficient funds to construct a bridge over the
Zumbro River about one half mile west of U. S. 63 and where 37th Street and 41st Street come
together but did not have money to complete 41st Street at this time, he suggested that the
City finance the construction of 37th Street, which could be used as a street later on when
41st Street would be completed; he said this would probably not handle all the traffic planned
but would serve for the time being; he said with the City participating this could possibly be
Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., July 10, 1967
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completed by the end of next year. Upon motion by Day, second.by Ellison, and all present
voting in favor, the proposal of Alderman Day was referred to the Public Works Committee to
study if this is feasible.
The recommendation of the Planning & Zoning Commission stating that they had reviewed
the petition to annex a part of Lot 12, Auditor's Plat,"D" and find that this property is
contiguous to the City and can be served with sanitary sewer and water service by extending
existing mains in or near the area and therefore, the Commission recommends that this land be
annexed, was read. Upon motion by pay, second by Postier, and all present voting in favor, the
recommendation was approved and the City Attorney was instructed to prepare an ordinance
annexing the said land.
The recommendation of the Planning & Zoning Commission that the zoning districting
on part of Lot 12, Auditor's Plat "D" be changed to M-1 District upon annexation, was read.
Upon motion by Perry, second by Day, and all present voting in favor, the recommendation was
tabled until the land is annexed.
The recommendation of the Planning & Zoning Commission stating that they reviewed the
petition to change the zoning on a portion of the property designated as Lot 11, Block 2,
Folwell Heights Subdivision from the'R-1 District to the R-3 District (along west frontage
road of U.S. 52, lying north of Skyline Drive S.W. and south of Folwell Heights.Third Addition)
and find that this property, while adjacent to an R-1 District on the west and north and R-Sa
District on the south is so situated that a change to a more -densely populated district would
not be detrimental to the adjoining properties; an apartment house and vacant lands exist
immediately to the south with a large church site south of Skyline Drive in the R-Sa District
and a large church site exists to the west in the R-1 District; the residences to the north all
face to the north and are separated by a considerably difference in elevation because of a
steep hill; the property fronts on the West Service Drive of U. S. 52; they, therefore,
recommend that this petition be approved, was read. (they also stated that they had initiated
proceedings to change the zoning on the property to the south down to Skyline Drive to the
R-3 District). A motion was made by Day, second by Postier, that the recommendation be
accepted and a hearing be set for August 21, 1967 at 7:30 o'clock P. M. (this to include the
property in the petition and also the property to the south on which the Planning & Zoning
Commission is initiating zone change); all present voted in favor.
The recommendation of the Planning & Zoning Commission stating that they had
reviewed the application for approval of the final plat of Folwell Heights Fourth Subdivision
and find that this plat complies with all applicable regulations controlling the subdivision
of land in the City of Rochester; they wish to point out that Peoples Natural Gas Company owns
a small parcel of land in the middle of Walden Lane S. W. just to the.north of Skyline Drive
but they have not signed the plat but The Kruse Company is in the process of exchanging
Outlot 1 for the Gas Company property once the plat is approved; they also note that the First
Universalist Church is proposing to split Lot 11, Block 2, into two parcels, they have no
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objection to this but feel that the lot should be made a part of this plat and the owners have
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Record of Official Proceedings of the Common Council
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agrad to.do this; they recommend the approval of the final plat subject to including the lot
split of the Church property as an additional lot in this subdivision, was read. Upon motion
by Day, second by Ellis, and all present voting in favor, the recommendation was approved
and a hearing was set for 7:30 o'clock P. M. on August 7, 1967.
The recommendation of the -Planning & Zoning Commission stating that they had
reviewed the petition to annex Lots 2, 3, 4 and that part of Lots 8, 9 and 10, lying west
of T. H. 63, all in Block 3, Golden Hill Addition (1611 South Broadway) and find that the �
property is contiguous to the City of Rochester and can be served by sanitary sewer and water
service by the normal extension of existing mains and therefore, recommend that the property
be annexed to the City including.the west one-half of right-of-way of U. S. 63 as it abuts
this property and inclduing the east one-half of the right-of-way of 2nd Avenue S. W. as it
abuts this property, was read. .Upon motion by Perry, second by Folkert, and all present
voting in favor, the recommendation was approved and theCity Attorney was instructed to
prepare an ordinance annexing the said lands.
The recommendation of the Planning & Zoning Commission stating that they had
reviewed the petition to change the zoning on Lots 2, 3, 4 and that part of Lot 8, 9 and 10,
lying west of T. H. 63, all in Block 3, Golden Hill Addition, they find that the City's
adopted land use plan designates this proeperty as being best suited for commercial use and
the property to the north is now zoned as B-lb district and to the south a steep hillside
separates this proposed commercial area from the residential development above and since
this petition is in accord with the Land Use Plan, they recommend that it be granted approval
was read. Upon motion by Postier, second by Day, and all present voting in favor, the
recommendation was tabled until the land is annexed. . .
The recommendation of the Planning & Zoning Commission stating that they had
reviewed the application to vary the rear yard requirements of Paragraph 34.06 of Ordinance
No. 1296 as it applies to the property located at 1310 Valleyhigh Drive N. W. and that they
find that apresent the lot is served by a 15 foot private accessway that runseast from
Valleyhigh Drive N.W., this accessway only comes to the west .line of the Cabinet Craft
property; for. purposes of review of this variance they considered the west line of the
Cabinet Craft property to be the front lot line and the east line the rear lot line; they
find however, that the owner is willing to extend a 30 ft. private accessway along the
north line of these properties which would make the north line of the lot the front and the
rear lot line would be the south line; no side yard is required in the M-2 District so the
applicant would be able to build to the east except for the south 40feet that would be a
required rear yard, since the,existing building is already built up to the south lot line,.
they.feel that it would be an unncessary hardship to not.allow the addition to the building
to be built out to the south line; they therefore recommend that the ownerestablish by legal
instrument a 30 ft. driveway easement along the north part of the lot and that the rear yard
along the south line be varied to allow the addition on the east side to extend to the south
lot line, was read. Upon motion by Perry, second by Ellison, and all present voting in favor
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the recommendation was accepted and a hearing on same was set for 7:30 o'clock P. M. on
August 7, 1967 and the City Attorney was instructed to acquire the legal instrument necessary.
The recommendation of the Planning & Zoning Commission that another planner be added
to the City Planning Department Staff to work mainly in the area:of Long Range Planning, was
read. Upon motion by Day, second.by Ellison, and all present voting in favor, the
recommendation was approved and the Personnel Director was instructed to look for such a
planner.
The recommendation of the City Planning Director stating that the owner of the final
plat of Northern Heights Sixth Subdivision had now met the conditions for approval of the
plat and the plat could be granted final approval, was read.. Upon motion by Postier, second
by Ellison, and all present voting in favor, the recommendation was accepted and the City
Clerk was instructed to prepare a resolution approving the said plat.
Upon motion by Day, second by Folkert, and 11 present voting in favor, the meeting
was recessed at 3:10 P. M. President DeVries cAled the meeting to order at 3:40 P. M. with
all members being present except Alderman Larson.
The recommendation of the Public Works Committee that the Council initiate a local
improvement project without petition for grading and surfacing,,sanitary sewer, water main
and storm sewer on Elton Hills Drive from 3rd Avenue N. W. to the north line of Valhalla
Subdivision, was read. Upon motion by Perry, second by Ellison, and all present voting in
favor, the recommendation was approved.
The feasibility report of the City Engineer stating that they had reviewed the
resolution proposing grading and surfacing, sanitary sewer, water main and storm sewer on
Elton Hills Drive from 3rd Avenue N.W. to the north line of Valhalla Subdivision and report
that the improvement is feasible and recommend its coonstruction, the benef fitted lands are
subject to a deferred assessment for previous construction of water tower in Northwest Service
Area of $186.91 per acres, the estimated lost is $100,000.00, was read together with the .
recommendation of the Public Works Committee stating that they had considered the above
project and recommend its construction with the cost assessed to the abutting property and
non -abutting properties in accordance with the City's street improvement assessment policy.
Upon motion by Perry, second by Ellison, and all present voting in favor, the recommendation
was approved.
The recommendation of the Public Works Committee that a local improvement proj--ct
be initiated by the Council without petition for construction of sidewalks on the west side
of 14th Avenue N. W. from 15th Avenue to. Elton Hills Drive N. W.; east side of 13th Avenue
N. W. abutting Lot 18, Block 21; east side of 14th Avenue N. W. abutting Lots 2 and 3,
Block 4; east side of 15th Avenue N. W. from 16th Avenue to Cascade St. N. W., was read. Upon
motion by Perry, second by Ellison, and all present voting in favor, the recommendation was
approved.
The feasibility report of the City Engineer stating that they had considered the
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resolution proposing construction of sidewalk on the west side of 14th Avenue N. W. from 15th
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Record of Official Proceedings of the Cominbn Council
of the City of Rochester, Minn., July 10, 1967
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Avenue to Elton Hills Drive N. W.; east side of 13th Avenue N. W. abutting Lot 18, Block 21; eastl
side of 14th Avenue N. W. abutting Lots 2 aid 3 Block 4; east side of 15th Avenue N. W. from 16th
Avenue to Cascade Street N. W. and report that the project is feasible and recommend its
construction, the estimgted costs are $4,054.00 was read together with the recommendation of the
Public Works Committee stating that they had considered the above project and recommend its
construction with the costs to be assessed to the abutting properties. Upon motion by Folkert,
second by Postier, and all present voting in favor, the recommendation was approved.
The recommendation of the Public Works Committee that the Council initiate a local
improvement project without petition for concrete sidewalk on the east side of 5th Avenue N. E.
from 14th St. N.E. to the north line of Leitzens 5th Addition, was read. Upon motion by Day,
second by Postier, and all present voting in favor, the recommendation was approved.
The feasibility report of the City Engineer stating that they had reviewed the
resolution proposing concrete sidewalk on the east side of 5th Avenue N. E. from 14th Street
N. E. to the north line of Leitzens 5th Addition and report that the project is feasible and
recommend its construction, the estir&ed costs are $3,684.00, was read together with the
recommendation of the Public Works Committee stating that they had considered the -above project
and recommend its construction with the costs to be assessed to the abutting properties. Upon
motion by Day, second by Postier, and all voting in favor, the recommendation was approved.
The feasibility report of the City Engineer stating that a petition requesting
sidewalk on the south side of 18� Street N. W. from 21st to 25th Avenue had been checked and
found to be signed by five of the fourteen owners of record, representing 35% in frontage of
property affected, a protest petition was also received against this improvement which was signed
by 9 owners of record including 3 of the signers of the original petition, was read together
with the recommendation of the Public Works Committee stating that they had considered the above
project and recommend that the project be not approved or continuted at this time because of the
low percentage of owners requesting it. Upon motion by Day, second by Postier, and all present
voting in favor, the recommendation was approved and the project discontinued.
The feasibility report of the City Engineer stating that two petitions requesting
(1) sidewalk to continue from 4108 5th Place N. W. to 4126 5th Place N. W. (2) sidewalk on the
north side of 7th Place N. W. from 36th Avenue N. W. to and including 4125 7th Place N. W. had
been referred to his office for checking, they report that the petitions were signed by 20 of t
36 owners of record, representing 55% in frontage, that the improvement is feasibla and recomme
its construction under the following job title: "construct concrete sidewalk on the north and
west side of 7th Place N. W. and the south and west side of 5th Place N. W. from 36th Avenue
N. W. to the 'east line -of Lot 20, Block 24 in Country Club Manor 6th Addition, the estimated ,cost
is $6,680.00, was read together with the recommendation of the Public Works Committee stating
that they had considered the above project and recommends combining these petitions and recommend
its construction with the costs to be assessed to the benefitted properties, Upon motion by
Postier, second by Folkert, and all present voting in favor, the recommendation was approved.
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The recommendation of the Public Works Committee that the bid of Edward Mahoney in
the amount of, $2,416.20 for construction of concrete sidewalk on the north side of 17k Street
N. W. from 19th Avenue to 21st Avenue N. W. be accepted at the unit prices bid and checks be
returned to the unsuccessful bidders was read. U on motion b Perry, second by Ellison, i
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and all present voting in favor, the recommendation was approved. �I
The recommendation of the Finance Committee that proposed reorganization of the
financial activities of the City, as distributed, be approved and that a resolution setting
a 1967 salary range of $916-1093 in grade 109, be approved so that such a person may be hired
on or about September 1, 1967, was read. A motion"was then made by Ellison, second by
Postier, that the recommendation be approved. A motion was made by Day, second by Folkert,
to delete from the program the position of Purchasing Agent; all voted in favor of the
amendment. President DeVries then called for a vote on the motion as amended and all present
voted in favor.
The recommendation of the Public Safety Committee that the City pass an ordinance
which would be patterned after one which has been passed in the City of Minneapolis and which
appears to put some teeth into the control of noises and parties in residential districts,
was read. Upon motion by Perry, second by Folkert, and all present voting in favor, the
recommendation was approved and the City Attorney was instructed to prepare the necessary
ordinance (the ordinance to be patterned after the Minneapolis one except that the time be
changed to 11:00 P. M. to 7:00 A. M.).
The recommendation of the Public Safety Committee that the Jaycees be authorized to
use 19th Street N. W. to conduct the annual Soap Box Derby and that they be permitted to
use the bleachers at no cost to the City and the details of such use to be arranged with the
Superintendent of Parks, was read. Upon motion by Ellison, second by Day, and all present
voting in favor, the recommendation was approved.
The application of H. T. Earle for a license to construct sidewalks, curb and gutter
and driveways in the City of Rochester, was read and upon motion by Positer, second by Day,
and all present voting in favor, the license was granted.
The application of Lentz Sign Company for a license to erect and maintain signs
was read and upon motion by Folkert, second by.Ellison, and all present voting in favor, the
license was granted.
The application of Blue and White Cabs for transfer of their taxi licenses Nos. 33,
41 and 39 to the following cars was read and upon.motion by Postier, second by Day, and all
voting in favor the transfers were granted (No. 33 to a 1967 Plymouth PT 41F74 252176 Lic.
No. 1HR651; No. 41 to a 1967 Plymouth PT 41 F74 252175 Lic. 1HR 652; No. 39 to a 1967
Plymouth PT 41 F74 252177 Lic. 1HR884).
The license bond of Lentz Sign Company in the amount of $1,000.00 with Iowa Mutual
Insurance Company as surety and the official bond of JoAnn S. Hayden in the amount of $1,000.00
with the Ohio Casualty Insurance Company as surety were each read and upon motion by Day,
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second by Ellison, and all present voting in favor, the bonds were approved, the surety thereon
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accepted and the bonds were ordered placed on file.
Ttm contract bonds of Leon Joyce Construction Company in the amoutn of $46,576.15
with Seaboard Surety Company as surety and Edward Mahoney in the amount of $2,860.50 with
United States Fidelity and Guaranty Company as surety, were each read and upon motion by
Day, second by Ellison, and all present voting'in favor, the bonds were referred to the Ma
for approval. '
The bond for lost warrant of Regents of the University of Minnesota in the amount
of $60.00 was read and upon motion by Day, second by Ellison, and all present voting in
favor, the same was approved and the City Clerk was instructed to issue a duplicate check.
The report of the City Treasurer for the'month of May, 1967 was presented and
President DeVries ordered the same placed on file.
The report of the City Weighmaster for the month of June, 1967 showing total fees
collected for loads weighed in the amount of $221.25 was presented and President DeVries
ordered the same placed on file.'
The report of the City Justice for the month of June, 1967 was presented and
President DeVries ordered the same placed on file.
The report of the Clerk of Municipal Court'for the month of June, 1967 was
presented and President DeVries ordered the same placed on file.
The following resolutions were each introduced and read and upon motion made and
seconded and all present voting in favor, President.DeVries declared the said resolutions
duly passed and adopted:
Resolution approving investment of monies from the Sinking Fund and Permanent
Improvement Fund at the Olmsted County Bank and Trust Company for various periods of time.
Upon motion by Day, second by Folkert, resolution adopted.
Resolution accepting bonds as collateral security in lieu of a Depository Bond
from the Olmsted County Bank & Trust Company. Upon motion by Day, second by Ellison,
resolution adopted.
Resolution approving investment in certificates of Deposit for 90 days at the
Northwestern National Bank monies from the General Fund, Fire Protection Fund, Police
Protection Fund and Library Fund. Upon motion by Perry, second by Ellison, resolution
adopted. ,
Resolution reapportioning assessment to South 198 ft. West 144 ft. Lot 6, Block
Golden Hill Addition for construction of a water tank and connecting trunk line for the low
district of the Southeast Service Area. Upon motion by Day, second by Postier, resolution
adopted.
Resolution authorizing Public Utility Board to enter into contract with
Allegheny Ludlum Steel Corporation for 2400 stainless steel condenser tubes. Upon motion
by Perry, second by Ellison; resolution adopted.
Resolution authorizing Public Utility Board to enter into contract with Flour
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Products Company for one cooling tower. Upon motion by Folkert,'second Ellison, resolution
adopted.
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adopted. I
Resolution approving a resolution passed and adopted by the Public Utility Board re
sale of Federal Home Loan Bank Notes in the amount of $400,000.00 and appropriated to First
National Bank for purchase of Participation Certificates in the Government Mortgate Liquidation
Trust Federal National Mortgate Association. Upon motion by Ellison, second by Folkert, it
resolution adopted. e
Resolution fixing salary for Finance Officer for 1967. Upon motion byDay, second
by Ellison, resolution adopted. a �`
Resolution ordering a hearing on vacating utility easement in Lots 8, 9, 10 and 11,
Block 6, Sunrise Estates First Addition. Upon motion by Day, second by Ellison, resolution I+
adopted.
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Resolution referring improvement petition for determination of adequacy, feasibility
report and recommendation for sidewalk in Meadow Park 2nd and Meadow Park 1stAdditions.
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Upon motion by Day, second by Folkert, resolution adopted.
Resolution referring improvement petition for determination of adequacy, feasibility
report and recommendation for ut&lutes in Sunset Terrace 4th Addition. Upon motion by Day, I�
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second by Ellison, resolution adopted. I'
Resolution referring proposed improvement for feasibility report and recommendation
for sidewalk on the east side of 5th Avenue N. E. from 14th Street N. E. to north line of
Leitzen's 5th Addition. Upon motion by Day, second by Folkert, resolution adopted.
Resolution referring proposed improvement for feasibility report and recommendation
for sidewalks on 13th Avenue, 14th Avenue and 15th Avenue Northwest in Elton Hills Subdivision.
Upon motion by Day, second by Folkert, resolution adopted.
Resolution referring proposed improvement for feasibility report and recommendation
for grading and surfacing, sanitary sewer, water main and storm sewer on Elton Hills Drive
from 3rd Avenue Northwest to the north line of Valhalla Subdivision. Upon motion by Perry,
second by Day, resolution adopted.
Resolution receiving preliminary report, ordering a public hearing and directing
preparation of plans and specifications for concrete sidewalk on the east side of 5th Avenue
N. E. from 14th Street N. E. to the north line of Leitzen's 5th Addition. Upon motion by
Perry, second by Folkert, resolution adopted.
Resolution receiving preliminary report, ordering a public hearing and directing
preparation of plans and specifications for sidewalks on 13th Avenue, 14th Avenue and 15th
Avenue N. W. in Elton Hills Subdivision. Upon motion by Ellison, second by Folkert,
resolution adopted.
Resolution receiving preliminary report, ordering a public hearing and directing
preparation of plans and specifications for grading and surfacing, sanitary sewer, storm
sewer and water main on Elton Hills Drive from 3rd Avenue N. W. to the north line of Valhalla
Subdivision. Upon motion by Day, second by Folkert, resolution adopted.
Resolution receiving preliminary report, ordering a public hearing and directing
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preparation of plans and specifications for 46nstruction of sidewalk on the north and west
side of 7th Place N. W. and the south and west side of 5th Place N. W. from 36th Avenue N.W.
to the east line of Lot 20, Block 24, in Country Club Manor 6th Addition. Upon motion by
Ellison, second by Folkert., resolution adopted.
Resolution approving plans and specifications and.ordering bids for sidewalk on
the east side of 18th Avenue N. W. abutting.Lots 1 thru 22, Block 1, Sunset Terrace. Upon,
motion by.Day, second by Ellison, resolution adopted.
Resolution approving plans and specifications and ordering bids for curb and
gutter in the 700 block on 13th Avenue Northeast. Upon motiori by Ellison, second by Day,
resolution adopted. • .
Resolution accepting bid of Edward Mahoney for construction of concrete sidewalk
on the north side of 17k Street N._W..from 19thAvenue to 21st Avenue N. T.J. Upon motion by
Day, second by Ellison, resolution adopted.
Resolution approving plat to be known and designated as Country Club Manor
Eight Subdivision. Upon motion by Ellison, second by Day, resolution adopted.
The folclowing claims were each read, and upon.motion by Folkert, second by Day,
and all present voting in favor thereof, the same were approved and the Mayor and City Clerk
were authorized and directed to draw warrants upon the City Treasurer and make payments
accordingly:_
From the General Fund: Construction Bulletin $10.60; Josten's $1.68; Alex P.
Smekta.$$316.61; Cabinet Craft $17.10; Michaels $35,.10; Mason Publishing $35.00; Finance &
Commerce $8.00; Search & Seizure Bulletin $15.00;.Crane Winton, Treas. $5.00; Whiting
Printers,$253.21; Midwest Bar Picture Co. $7.50; Quality Printers $14.75; Panama Carbon
$11.36; Elaine Miller $47.60; Elfreda Reiter,, City Clerk $74.23;r.Custom Printing $4.00;
The Johnson.Co. $375.04; N.W. National Bank $331.25; Miller -Davis $141.28; Burroughs $22.30;
Harry Evans, Register of Deeds $28.25,; World Travel Bureau $37.70; Xerox $272.85; Earl
Krusemark $235.20; Wayne TerVeer $32.20; Norbert Reichrath $26.40; Leonard Teigen $2.60;,
Alfred Nelsen $24.40; David Wernecke $16.60; Elfreda Reiter, City Clerk $15.00; Robert L.
Larson,$15.00; D. Dewey Day $15.00; Public Personnel Assn. $26.75; W. Wayne Ellison $15.00;
A. B. Algren $270.50; Rochester Post Bulletin $247.20; American Society.of Planning Official.
$20.00; Trautner Sales $2.64; Quality Printers $18.70; Downtown Idea Exchange $3.50; Culligar
Water $4.75; Alpek Sheet Metal $65.50; E. J. Vonch $2,259.10; Sani Trucking $40.00; Clothing
Care Centre $22.05; Ace Hardware $27.80.; Walter B. Gordon $46.90; William Burrovgh$71.90;
Charles Dornack $65.40; Garnet Spring $35.50; William Frutiger $83.40; Everett Knuth $63.50;
Maass Plumbing & Heating $60.00; Robert Blakely $110.30;,Alfred Heyn $129.00; REA, Express
.$4.68; National Live Dog.Trap $55.00; Mark R. Gray $82.12; Model Laundry $2:34; Minneapolis
Blue Printing $26.03_; Michael Cox $8.00; Peoples Coop. Power Assn. $2,191.98; Rochester Sand
& Gravel $51,184.35; McGhie & Betts $3,979.49; Doyle Conner $915.00; Ryan's Electric $173.50;
Jim Fritsche $70.00; Louis Bennett $154.80; Industrial Commission of Minn. $16.00; Fitting
r220Record of Official Proceedings of the Common Council
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Agency, Inca $440.65; Olmsted Medical Group $75.00; Postmaster Stanley Drips $300.00; 1
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i� Heidelberg $4.25; Holland's $32.26; Kahler Hotel $9.25; Riverside Sand & Gravel $1,200.00;
Peoples Natural Gas-$3.75; Willard H. Knapp $13.46; Mayo Clinic $20.00; Olmsted Medical Group �)
$64.00; Berman Brink $28.66; Rochester Orthopedic Appliances, Inc. $21.60; St. Mary's
Hospital $1.85; Ruffalo Drug $4.95; N. W. Bell Telephone $335.72; Roberts Foods $27.90;
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N.W. Bel-1 Telephone Co. $15.40; Curtis 1000, Inc. $21.15; H & H Electric $94.50; N. W. Bell
IlTelephone Co. $91.99; Monte's $27.49; Vincent Folkert $43.50; W. Wayne Ellison $47.80; Wm.
H. Perry $45.50; D. Dewey Day $50.70; and Richard Postier $45.00.
From the Street & Alley Fund: Elfreda Reiter, City Clerk $2.05; N. W. Bell �!
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Telephone $11.55; Standard Auto Parts $13.17; Truck Service $36.62; H. Dornack & Sons $7.24;
General Trading $184.65; L. N. Sickles Co. $25.00; L. L. Dewey Co. $2,916.00; Universal Ford (`
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Sales $11,484.00; and -National Bushing & Parts $15,145.28.-
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From the Fire Protection Fund: Elfreda Reiter, City Clerk $1.00; Curtis 1000
$1.41; N. W. Bell Telephone $252.11; B & B Auto Body $13.25; Harold's Auto Electric $9.57;
Kruse Company6.25• Electronic Engineering 113.45• Jack Da 49.40• Richard Miller $36.40•
$ � g� g$ � Y$ � I
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Wayne Clark $43.00;� O. N. Mertz $25.20; American Insurance Assn. $2.10; Peoples Natural Gas I+�
$254.92; Dison's Cleaners $187.45; Gross Industrial $9.10; American Linen Supply $6.05;
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Clothing Care Centre $160.52; Quality Printers $114.81; Whiting Printers $295.00; Cooperative
Oil $7.36; General Trading $130.87; Scharf Auto Supplies $4.23; A-1 Key Shop $1.20; Chilton �!
Company $60.00;'Standard Auto Parts $43.36; Gopher Welding $58.30; E. J. Klampe $14.40; Zahl
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Equipment $12.79; SM Supply $78.04; Minor. Fire Extinguisher $177.30; Ace Hardware $25.39;
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CulliganSoft Water $4-.75; Struve Paint $4.95;°Atlas Paper $7.50; Eastman Rodak Stores $17.43;
Tempo $1.40; Gordon Tupper $329.60; American Red Cross $268.34; Nietz Electric•$423.50; Fire �I
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Safety Corp. $127.70; and H. Dornack & Sons $11.60. I�
From the Police Protection Fund:, Elfreda Reiter, City Clerk $2.90; N. W. Bell
Telephone $18.60; Roberts Foods $15.60; Curtis 1000 $1.41,; H & H Electric $5.68; Beckley's k
$18.70;'Harold's Auto Electric $19.94; Ed's Mobil Service $69.65; Universal Ford Sales $207.78; !'
Pulver Motor Service $28.00; Fire Safety Corp. $7.50; Harold's Auto Electric $21.75; Red Carpet
Car Wash $2.50; Motorola $16.80; Electronic Engineering $92.40; Steele Co. Sheriff $9.70;
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Key Laboratories $15.00; John Laivell $36*.50; Kahler's Inn Towne Motel $237.00; Outdoor -Power !?
Sales & Service $44.42; Ilot Klomstad $41.85; Lee Graham $118.75; James Ryan $26.50; Axel
Moberg $47.40; Charles Heroff $20.50; Leslie Holtorf $50.50; Joe McDermott $9.00; James Macken 1'
$5.00; Reeve's Drugs $2.25; Gold Cross Ambulance $70.00; Monte's $50.95; Schmidt Printing
�$8.45; Schmidt Printing $32.35; Supt. of Documents'$12.80; Erickson Petroleum $2.56; Fire '
Safety $16.65; Cronin Peterson $139.05;• Lair's Shoes $27.50; Dayton's $22.00; Powell & Sullivan
$74.00; M. C. Lawlers $28.99; 0 & B Shoes $52.89; Baker's Shoes $16.95; Firestone Stores $77.83;
Standard Auto Parts $85.63; Weber & Judd $17.40; FiUmore Co. Sheriff $5.20; A-1 Key Shop $.80;
�Ro'chester Motor Sports, In.'$890.00; Axel Moberg $65.00; and Williams Printing $24.20. f
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Record of Official Proceedings of the Common Council
4.1 �
. of the City of Rochester, Minn., July 10, 1967
From the Sewer Fund: Elfreda Reiter, City Clerk $5.00; Walter Hogenson $119.75;
Peoples Natural Gas $34.52; SM Supply $32.55; Comfortrol Supply Co. $48.97; Alexander Auto
Electric $3.60; Colt Industries $297.18; Lyon Chemicals $620.00; McKesson & Robbins $212.94;
Kruse Company $41.25; Reeve's Drugs $1.58; Fire Safety Corporation $7.90; Viker & Sorenson
$319.00; and Clements Chevrolet $2,058.00.
From the Auditorium Fund: Curtis 1000 $1.41; and Cal Smith, Manager $18.73.
From the Music Fund: N. W. Bell Telephone $18.60; Monte's $1.75; Williams PitAting
$13.50; Barbara Grob $3.09; Schmidt Printing $92.60; Rochester Post Bulletin $10.50; Lloyd
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Ketterling $10.00; Paul Caflisch $10.00; Jane Belau $10.00; Karl Dubbert $60.00; James Cooper)
$30.00; Michael Ness $40.00; Sigrid Kraft $45.40; A. W. Dieter $49.05; Clem LaBarre $60.00;
Charles Salisbury $45.00; Raymond Cleveland $60.00; Bill Wasmund $17.20; Mary Lund $30.00;
Harland Johnson $67.80; Richard Wintersteen $30.00; John T. Martin $30.00; Robert Stroetz
$80.00; E. Omer Burgert $40.00; Jack Tedrow $72.30; William Ekstrom $40.00; Richard Bateman
$60.00; Harold Nelson $60.00; Margaret Davidson $40.00; Gary Korpela $60.00; Philip Stroetz
$60.00; Jerome Paulson $84.00; Walter Gludt $80.00; George Curtis $13.90; Franklin Ruhl
$20.00; David Decker $40.00; Carol Jensen $86.00; Michael Wilder $55.60; Merle Knudson $45.00;1
Dona Agrimson $51.15; Gordon Danuser $80.00; John Roemer $20.00; Carmen Linda Conklin $81.40;i
Zoe Ann Olsen $40.00; Barbara Grob $88.00; John Hemmer $105.00; Arlene Knight $64.60; Paula
Osborn $39.00; Rachel Lee $21.15; Roseanne Foss $40.00; Janet Boots $40.00; Karen Scharf
$30.00; Robert Ridenaur $40.00; Alfred Anderson $40.00; Dale Eskra $40.00; Sonia Cook $92.30;
Eileen Parker $40.00; Louis Parker $30.00; William Sperlock $45.00; Patricia Bernard $51.40;
Jane Schultz $59.20; Sonia Nelson $52.00; Betty Ann Johnson $61.50; Gloria Swanson $40.00;
Dorothy Pexton $40.00; and Helen Hanson $40.00.
From the Parking Meter Fund: H & H Electric $99.96; Rochester Visitor $16.00; and),
Williams Pftnting $12.00.
From the Permanent Improvement Fund: Young Construction $139,527.90; Pieper
Richmond $433.77; Mulholland Construction $4,769.84; and Barry Plumbing & Heating $1,777.50.
From the Permanent Improvement Revolving Fund: C. G. Fraser $30,231.14; and
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Doyle Conner $38,915.21.
From the Sinking Fund: N. W. National Bank $78.13;
From the Bridge Fund: Dresser -Keller $44,478.90.
From the Working Capital Fund: Curtis 1000 $42.26; Orin Ottman $82.28; and Sinclai
Refining $3,025.28.
An Ordinance annexing to the City of Rochester, Minnesota, certain platted land
in Auditor's Plat "D", Olmsted County, Minnesota, which is completely surrounded by land
within the municipal limits of the City of Rochester, Minnesota (Lots 16, 17 and i8, Audiotor's
Plat "D"), was given its first reading. Upon motion by Day, second by Postier, 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 Day, and upon roll call and all
present voting in favor thereof, the rules were suspended and the ordinance was given its thir
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and final reading.. A motion was then,made by Perry, second by Postier, that the said
ordlnah¢enbe adopted as read and all present voting in favor, President DeVries declared the
said ordinance duly passed and adopted.
A resolution authorizing and directing the Mayor and City Clerk to execute on
behalf of the City, the contract with Crescent Park Inc. relative to construction of certain
local improvements in Crescent Park Seventh Addition, was read. Upon motion by Day, second
by Folkert, and present all voting in favor, the resolution was adopted.
A resolution approving the form of contract for use in the City Engineer's
Department in accepting applications for engineering services to be performed by the City
on projects where the developer proposes to construct local improvements at his or its own
expense under supervision and control of the City; All persons making application to the
City for engineering services in connection with such projects or developments must first
execute the contract before application will be considered for approval'and acceptance, was
present
read. Upon motion by Day, second by Postier, and all/voting in favor, the resolution was
was adopted.
A resolution accepting the deed from Johnson, Drake & Piper, Inc. for Lot 8,
Block 1, Country Club Manor 8th Subdivision, was read. Upon motion by Day, second by
Ellison, and all present voting in favor, the resolution was adopted.
A resolution granting a variance so as to allow the construction of a one -family
dwelling on Lot 3, Gardners Second Addition, was read. Upon motion by Perry, second by
Folkert, and all present voting in favor, the resolution was adopted.
A resolution establighing one way streets on (a)Broadway from Sixth Street S. W.
on the south to Fifth Street Northeast and Northwest on the north, one-way north; (b) First
Street Northwest from Fourth Avenue Northwest on the west to Broadway on the east, one-way
east; (c) First Avenue Northwest and Southwest from Fifth Street Northwest on the north to
Sixth Street Southwest on the south, one-way south; (d) Second Street Northwest from Broadway
on the east to Fourth Avenue Northwest on the west, one-way west;;: and that this resolution
shall not take effect and be in force until the Commissioner of Highways of the State of
Minnesota shall approve this resolution and enter his order changing the location of State
Trunk Highway No. 63 as indicated, was read. Upon motion by Day, second by Perry, and all
present voting in favor, the resolution was adopted.
An Ordinance Rep4ng Chapter 220 Entitled "SUNDAY CLOSING" of the Rochester Code
of Ordinances, was given its first reading. R. V. Ehrick, City Attorney, stated that Chapter
165 of the 1867 Session Laws that there was a great similarity between this and the City
ordinance and recommended the repeal of the city ordinance to clear up any confusion which
might arise. Upon motion by Day, second by Perry, and upon roll call and all present voting
in favor, the rules were suspended and the ordinance was given its second reading. Upon
motion by Day, second by Folkert, and upon roll call and all present voting in favor, the
rules were suspended and the ordinance was given its third and final reading. A motion was
then made by Day, second by Ellison, that the ordinance be adopted as read and all present
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voting in favor thereof, President DeVries declared the said'ordinance duly passed and
adopted.
Upon motion by Day, Second by Ellison, and all present voting in favor, the
meeting was adjourned until 7:30 o'clock P. M.
President DeVries called the meeting to order at 7:30 o'clock P. M., the followi
members being present: President DeVries, Aldermen Ellison, Folkert, Larson, Perry, Postier.
Absent: Alderman Day.
President DeVries stated this as being the time and place set for hearings on the
following projects:
Hearing on replacement of sidewalks in N. E. Rochester- Sidewalk Project #2-1967.
There was no one present wishing to be heard. President DeVries declared the hearing officially
closed. A motion was then made by Perry, second by Postier, to proceed with the project; all
present voted in favor.
Hearing on replacement of sidewalks in N. E. Rochester - Sidewalk Project #3-1967
There was no one present wishing to be heard. President DeVries declared the hearing officially
closed. A motion was then made by Larson, second by Ellison;to proceed with the project; all
present voted in favor.
Hearing on replacement of sidewalks in N. E. Rochester=Sidewalk Project #4-1967.
There was no one present wishing to be.heard. President DeVries declared the hearing,officiall
closed. A motion was then made by Larson, second by Ellison, to proceed with the project; all
present voted in favor.
Hearing on proposed change of zoning on Lot 4, Block 7, Irelands First Addition
(1208 9th Avenue S. E.) to the B-la District. There was no one present wishing to be heard.
President DeVries declared the hearing officially closed. Alderman Folkert stated that he
felt this was a case of spot zoning and therefore would --not be able to along with the zoning,
you should (1) either have a general plan to go by, in this case a grocery store is to go
into this location and you should have a plan to apply all over Rochester to be able to go
into an area which has an existing zone and put something that does not conform, if you had,
a plan this then would be 0. K. or (2) if this were a logical extension of an existing zone
I think this would then be alright but you have neither in this case so therefore, he would
not be able to go along with the change of zoning. Alderman Larson said he felt this case
should be granted but felt the Planning & Zoning Commission should look into this in future,
areas for this particular kind of stucture. Mayor Smekta stated that he lived in this
neighborhood and had used the store since 1942, he said the people in the area have a high
regard for person operating the store and the store is used a great deal, he also suggested
that the entire belt line inthis area be considered as a commercial area. Alderman Perry
spoke in favor of the requested zone change. A motion was then made by Perry, second by
Ellison, that the City Attorney be instructed to prepare a resolution making the proposed zo
present
change; all/voted in favor except Alderman Folkert who voted "nay". A motion was then made
by Perry, second by Folkert, that the Planning & Zoning_Commission study the need or necessi
of neighborhood grocers in the future growth of the city; all present voted in favor.
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26Record of Official Proceedings of the -Common Council
of the City of Rochester, Minn., July 10, 1967 •
The applications for (1) preliminary plat approval of Valhalla Fourth Subdivision,
(2) final plat approaval of Valhalla First Subdivision and(3) petition to vacate a portion of
13rd Avenue N. W. submitted by Metro Development Corporation were each read and upon motion by
Perry, second by Folkert, and all present voting in favor, the same were referred to the
Planning & Zoning Commission.
The recommendation of the Public Works Committee that the bid of Edward Mahoney in
the amount of $1040.40 for replacement of sidewalks in N. E. Rochester:.sidewalk Project #2-
1967 be accepted at the unit prices bid and checks be returned to the unsuccessful bidders was
read. Upon motion by Perry, second by Postier, and all present voting in favor, the
Irecommendation was approved.
The recommendation of the Public Works Committee that the bid of Edward Mahoney in
the amount of $1171.80 for replacement of sidewalks in N. E. Rochester: sidewalk Project #3-
1967 be accepted at the unit prices bid and checks be returned to the unsuccessful bidders,
was read. Upon motion by Perry, second by Larson, and all present voting in favor, the
recommendation was -approved.
The recommendation of the Public Works Committee that the bid of Edward Mahoney in
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the amount of $866.70 for replacement of sidewalks in N. 9- Rochester : sidewalk Project #4-
1967 be accepted at the unit prices bid and checks be returned to the unsuccessful bidders,
was read: Upon motion by Larson, second by Postier, and all present voting in favor, the.
recommendation was approved.
A resolution accepting the bid of Edward Mahoney for replacement of sidewalk in
N. E. Rochester - sidewalk Project #2-1967, was read. Upon motion by Larson, second by
Folkert, resolution adopted; all present voted in favor.
A resolution accepting the bid of Edward Mahoney for replacement of sidewalk in
N. E. Rochester - sidewalk Project #3-1967, was read. Upon motion by Larson, second by
Folkert, resolution adopted; all present voted in favor.
A resolution acceptinb the bid of Edward Mahoney for replacement of sidewalk in
N. E. Rochester - sidewalk Project #4-1967, was read. Upon motion by Larson, second by
Folkert, resolution adopted; all present voted in favor.
A resolution granting Public Utility Department authorization to construct a
garage and warehouse building on the west side of 1st Avenue N. E. between 2nd and 3rd Street
�N. E. as a conditional use, was read. Upon motion by terry, second by Positer, and all
present voting in favor, the resolution was adopted.
An Ordinance Establishing the Fiscal Year of the City of Rochester (the fiscal year
is hereby established as the calendar year i.e. from and including January 1 and including
December 31 of each year) was given its first reading. Upon motion by Folkert, second by
Larson, and upon roll call and all present voting -in favor, the rules were suspended and
the ordinance was given its second reading. Upon motion by Folkert, second by Ellison, and
upon roll call and all present voting in favor, the rules were suspended and the ordinance
was given its third and final reading. A motion was then made by Folkert, second by Larson,
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that the said ordinance be adopted as read, and all present voting in favor, President DeVries
declared the said ordinance duly passed. and adopted.
A letter signed by R. V. Ehrick, City Attorney, requesting a leave of absence
for Warren P. Eustis, Assistant City Attorney for four months immediately and requesting the
appointment of Mr. Richard H. Bind as Assistant City Attorney at the same salary and allowances
presently being paid to Mr. Eustis, was read. Upon motion by Postier, second by Folkert, and
all present voting in favor, the leave of absence was granted and the appointment approved.
President DeVries stated that he had received some complaints from the people
abutting the alley in Northwest Rochester between 8th and 9th Street and 4th and 5th-Avenue;
he said this alley had been maintained by the City but one of the people abutting this alley
had now built a fence almont to the middle of the alley which caused problems for the people
that used the alley to get into their garages that backed into the alley. C. A.Armstrong, City
Engineer, stated that this alley exterd; from 5th Street N. W. all the way down to loth, it was
platted only as a 10 ft. wide alley, he said he didn't know if it was an oversight to make it
this narrow or what but it had been platted in 1880 and has never been widened; this situation
came up recently and there have been other times when the alley had been made use of the full
width of the alley; it is only a loft. thoroughfare and it seems there are only three alternative
(1) leave it as it is and let the property owners use all of their back yards (2) widen it on the
east or (3) widen it on the west; widening it on the west would be the most fair way but it
would run into more problems of expenses and construction, although the original 10 feet was
taken off on the plat on the east side afid,�no alley was ever dedicated on the west side. Mr.
Ralph Burggr::of 812 - 5th Avenue N. W. was present and stated that the fence that had been
constructed was directly across from his driveway, he said he had lived here since 1944 and the
alley has been maintained all that time and the in the last few years it has been blacktopped;
he said all they were askin was that the City would continue to maintain the alley and escpecial]
the snow plowing in the winter. Mr. Leonard Abel of 808 5th Avenue N. W. was also present and
said he did not have a garage now but intended to build one and this would also go into the
alley, he also said it had been maintained by the City".:and he would like to have it continue.
R. V. Ehrick, City Attorney, stated there was another alternative besides the ones that theCity
Engineer had mentioned, he said that a court action for declaratory judgment that a right to
use this additional portion of the alley has been established through the passage of time
by the users; he said it was possible that the City might bring this action or the abutting
property owners on this alley have the right to bring this action. After further discussion, a
motion was made by Perry, second by Larson, that the City Attorney be requested to proceed with
the necessary action to have this alley opened up and used as a public thoroughfare; all present
voted in favor.
Mr. Donald L. Smith of 1719 3rd Avenue N. E., Mr. Charles Hanson of 1919 3rd
Avenue N. E., Mr. Dover Blackburn of 1913 3rd Avenue N. E. and Mr. John Gowan, Attorney
representing Mrs. Gerhard Betcher, were all present in regard to the their claims for damage to
their property caused during the last heavy rain when the sewer backed up. C. A. Armstrong,City
U
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Record of Official Proceedings of the Common" Council
of the City of Rochester, Minn., July 10, 1967
CD•78920_-_-
Engineer, stated that steps had been tkane to correct the cause of this trouble, the overflow I)
s
of the storm sewer into the sanitary sewer system, they have taken it up with the construction
people and they have agreed to make the rw essary repairs and to the best of our knowledge
it will cure the cause of the trouble. R. V.Ehrick, City Attorney, stated that these claims
I
that had been turned in had been referred to him by the Common Council, that they had been
turned over to the City's insurance agent and they in turn would have an adjustor check the
I
claims and it would then be up to'the insurance company to decide if they would pay the claims.
No action was taken, and the City Attorney was requested to get action on these claims as soon
as possible.
present +
Upon motion by Perry, second by Ellison, and all/voting in favor, the meeting was
adjourned until 7:30 o'clock P. M. on July 17, 1967. it
City Clerk
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