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HomeMy WebLinkAbout05-20-196850 Record of Official Proceedings. of the Common Council of the City' of Rochester, Minn., May 20, 1968 • CD-78920 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 May 20, 1968. i' President DeVries called the meeting to order at 7:30 o'clock p. m., the following members being present: President DeVries, Aldermen Day, Ellison, Folkert, Larson, is iPerry, Postier. Absent: None. Upon motion by Ellison, second by Larson, and all voting in favor, the minutes of the meetings of May 6, 1968 and May 7, 1968 were approved. President DeVries stated this as being the time and place set for,hearings on the following projects: Hearing on replacement of sidewalks in S. W. Rochester - Sidewalk Project #1-1968. There was no one present wishing to be heard. President DeVries declared the hearing officially closed. A motion was made by Perry, second by Postier, to proceed with the project; all voted in favor. Hearing on replacement of sidewalks in S. W. Rochester - Sidewalk Project #2=1968.. There was no one present wishing to be heard. President DeVries declared the hearing officially closed. A motion was made by Postier, second by Folkert, to proceed with the project; all voted in favor. Hearing on replacement of sidewalks in S. W. Rochester - Sidewalks Project #3-1968. There was no one present wishing to be heard. President DeVries declared the j hearing officially closed. A motion was made by Ellison, second by Perry, to proceed with the project; all voted in favor. Hearing on replacement of sidewalks in S. W. Rochester - Sidewalk Project #4-1968. There was no one present wishing tobe heard. President DeVries declared the j hearing officially closed. A motion was made by Folkert, second_by Perry, to proceed with the project, all voted in favor. Hearing on replacement of sidewalks in S. W. Rochester - Sidewalk Project #5-1968. There was no one present wishing,to be heard. President DeVries declared the hearing officially closed. A motion was made by Larson, second by Folkert, to proceed with the project; all voted in favor. Hearing on construction of sidewalk on the north side of Elton Hills Drive N. W. from North Broadway to 12th Avenue N. W. There was no one present wishing to be heard. President DeVries declared the hearing officially closed. A motion was made by Larson, second by Folkert, to proceed with the project; all voted in favor. Hearing on construction of sidewalk on the south side of Elton Hills Drive N. W. between llth Avenue N. W. and 9th Avenue N. W. Mrs. C. B. Kneale of 920 Elton Hills Drive was present and said she was in favor of the sidewalk but questioned why the sidewalk had not been ordered along the whole north side, the same as on the south side. Alderman Larson stated that due to the fact that there was so much sidewalk being constructed this year, the Public Works Committee did not feel it could be done this year but as long as the 1 9 area between llth and 9th had been petitioned for they went ahead with that. There was no one else present wishing to be heard. President DeVries ordered the hearing officially Record of Official Proceedings of the Common Council • of the City of Rochester, Minn., May 20, 1968 I - 0 1 J closed. A motion was then made by Day, second by Larson, to proceed with the project; all voted in favor. A motion was then made by Day, second by Ellison,.and all voting in favor, that the Public Works Committee consider the area between llth and 13th Avenue N. W. on Elton Hills Drive on the south side as to the construction of sidewalk. Hearing on grading. and surfacing of the Mall Road and 16th Street S. W. in Apache Mall and sanitary sewer and water main extensions in Apache MatlYArea. There was no one present wishing to be heard. President DeVries declared the hearing officially closed. A motion was made by Ellison, second by Larson, to proceed.with the project; all voted in favor Hearing on approval of the final plat of Meadow Park Fifth Subdivision. There was no one present wishing.,to be heard. President DeVries declared the hearing officially closed. A motion was made by Perry, second by Folkert, instructing the City Attorney to prepare a resolution approving the said plat; all voted.in favor. Hearing on approval of the final plat of Elton Hills East Fourth Subdivision. There was no one present wishing to be heard. President DeVries declared the hearing officially closed. A motion was made by Postier, second by Larson, instructing the City Attorney to prepare a resolution approving the said plat; all voted in favor.. Hearing on petition to vacate utility easements on Lots 13-and 14, Block 6, Sunrise Estates First Subdivision. There was no one present wishing to be heard. President DeVries declared the hearing officially closed. A motion was made by Larson, second by Ellison, instructing the City Attorney to prepare a resolution approving the said plat; all voted in favor. Hearing on report of Commissioners in condemnation -of certain land in Block 62, Original Plat of the City of Ror-hester as a site for an electric substation for the Public Utility Department. A letter from Robert Thompson of Thompson Properties, Inc. objecting to the award of the Commissioners arising from the acquisition of their property in condemnatior proceedings and basing their object.ions.on (1) that the award of $30,000.00 does not represer the fair market value of the land being acquired and (2) that the report of the Commissioners does not separately indicate the damages to the building located on the premises as required by the provisions of the Rochester City Charter, was read together with a letter from Roy Gassman, owner of Rochester Egg.& Poultry Company, the tenant on the property, who wished to be heard at this meeting; the.letters were ordered placed on file. R. V. Ehrick, City Attorney, then read the report submitted by the Commissioners. Mr.Roy Gassman was present and stated that.he was operating Rochester Egg & Poultry, Inc. on this property and that he had a month to month lease on this property since last August and felt he should be given some consideration, he said when the notice had been served on him it had the name of Duane French the former leaseholder instead of his name, however, he said he talked to the Commissioners when they were down there; R. V. Ehrick, City Attorney, said he assumed that if the fee interest was acquired that the City would give Mr. Gassman the equivalent of a month's notice to move which is all he has a right to.now.. Mr.. John Gowan, Attorney 0 0 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., May 20, 1968 -- - __ CD.7992 represeta tang Thompson Properties, Inc. asked that this hearing be continued so they might have a chance to meet with City officials and perhaps work out a satisfactory.settlement; only this week they had another appraisal made which might be helpful to the City; he said they were talking about -an -area that has over 25,000 square feet - 183 feet plus on the east and a frontage of 191 feet plus on 2ndAvenue N. E. which is not now occupied, at the time that Thompson first.received notice of the fact that the Public Utility Department was interested in acquiring this property they had a letter from Harold Moe, Superintendent of Utilities, indicating an offer of 1.50 per square foot and at that time it was understood that the area involved was in excess of 18,000 sq. feet but it was actually in the area of 25,000 sq. feet and he did not feel the Commissioners had the right information before them when the award of $30,000 was figured; he also said he felt 1.50 per sq. ft. was low as other property had been 'ipurchased by the City at higher rates - in 1964 they had purchased property directly south of this property in question, 12,000 sq. ft. @ 1.54 and in 1963 they had purchased 5800 sq. ft. @ 1.95 and in 1965 had purchased property from Agnes Krahn which figured out to 2.06 per sq. ft; he said the City had paid higher price for a smaller piece of property and he felt that the greater the land area, the greater the value would be; Mr. Thompson was getting $175.00 per month rent,•on a month to month lease; he also stated that the appraisors had not broken down the award as to how much for buildings and how much for land and he did not think a fair valuation had been placed on this and requested that the hearing be continued to give them some time to meet with city officials and appraisors. Mr. Leon Shapiro was present and said he had made an appraisal of this property in June, 1967 and had appraised the land (25,237., sq. ft.) at $37,845.50 and the building (based on the income factor of $20,100 per year and replacement value after depreciation $14,100) at $17,100.00, making a total valuation of $54',955.50; he said he ghought the proposed award of $30,000.00 was grossly in error especially since others in the same area were paid more and he felt it should be reconsidered. R. V. Ehrick, City Attorney, reported that the report does not break down the award as to the ibuilding and land it just makes a total award of $30,000.00 but if the Council wished a supplemental report showing a breakdown could be made, he said the appraisors felt the building added nothing and would have to be removed; on the question of comparable sales, isome of these included houses and it -was valued as residenteial property; he said the appraisal had been figured on the apprxoximate 25,000 sq. ft., the fact that the Utility Department had made•an,offer was not binding on the appraisors, they give their own opinion; Mr. Ehrick recommended that the hearing be continued which would allow the amen from the utility department and himself to meet on this matter ofNaluation and see if there is a basis for agreement and in the meantime would have the appraisors make a There was no one else present wishing to be heard. suppelemental report as to .building valuations./ A motion was then made by Day, second by Postier, that this hearing be continued until 7:30 P. M. on June 3, 1968; all voted in favor. The recommendation of the Public Works Committee (signed by Larson and Perry) 1 • 1 1 • 1 that the bid of Ziegler, Inc..to furnish a caterpillar traxcavator, with Ateco ripper 24" penetration shank, for $34,130.00 be accepted, was again read, although this is the high Record of Official Proceedings of the Common Council • of the City of Rochester, Minn.,,. May 201 1968 56� 0 I r • L bid they feel it is in the best interest of the City to accept because (1) our maintenance dept. is more familiar with the mechanics of the 977 caterpillar (2) trade-in value appears to hold up better than with other makes (3) list price of trade-in 1961 Caterpillar 977 was $28,262.00 and we were allowed $15,147.00 or 53% of original cost (4) we are justified to spend,$2,550.00 now to guarantee a better trade 7 or 8 years from now (5) we have had no excessive overhaul problems with the caterpillar (6) Ziegler, Inc. has parts on hand and (7) their service has been good. Alderman Day stated that he had gone to the business places of each of the bidders and found that each of the bids meets the speciaifications and all the equipment exceeds the requirements; he said he thought the high bid could be justified on (1) the trade-in value and (2) availability of the Ziegler people. R. V. Ehrick, City Attorney, said if the members of the Council are satisfied here thatfinceffect Caterpillar is the lowest responbile bidder on the basis of higher residual value and on the basis of super calibre of repairs service, then I think you can make the determination to accept the high bid, you are not accepting the high bid you are making the determination that all factors conisidered.that this is the lowest responsible bid. Representatives from Hall Equipment Co:1, Minnesota Tractor Company and Ziegler, Inc.were all present. Alderman Postier stated that these were put out on competitive bid and if the City was always to accept Ziegler then the time would come when we would no longer have other bids, he said inasmuch as the other companies met the specifications he felt the low bid should be accepted. A motion was then made by Perry, second by Larson, that the recommendation of the Public Works Committee to accept the bid of Ziegler, Inc. be approved, upon roll call Day, Larson and Perry voting "aye" and Ellison, Folkert, Postier and DeVries voting "nay", the recommendation was not approved. A motion was then made by Day, second by Postier, that the low bid of Hall Equipment Company in the amount of $31,580.00 be accepted and upon roll call and all voting in favor, except Alderman Perry who voted "nay", the motion was carried and the bid of Hall Equipment Company accepted. A letter from Viktor 0. Wilson, M.D., Health Officer, requesting approval of a leave of absence without pay during the period June 7 to August 20 for Mrs. Carol Christensen, a part time public health nurse, was read. Upon motion by Ellison, second by Folkert, and all voting in favor, the same was approved. A letter from the National League of Cities requesting the City's membership fee in the Inter -American Municipal Organization for the current calendar year (50.00) was read and upon motion by Folkert, second by Larson, and all voting in favor, the request was referred to the Finance Committee, with power to act. A letter from the Personnel Advisory Committee recommending that the Health Dept. be authorized to have a staff of 13 full time public health nurses or the equivalent in full and part-time personnel, to be effective June 1, 1968, was read. Upon motion by Ellison, second by Perry, and all voting in favor, the recommendation was approved. The recommendation of the Personnel Advisory Committee that the position of Assistant City Attorney be set at grade 22 and that Warren Eustis be appointed to this r'1 L� Record of Official Proceedings of the Common Council of the City of Rochester, Minn., May 20, 1968 position at a salary of $1,000.00 per month effective May 16, 1968, was read. Upon motion by Folkert, second by Ellison, and all voting in favor, the recommendation was approved and the appointment confirmed. The recommendation of the Personnel Advisory Committee that with the impending opening of the enlarged Sewage Treatment Plant, which will require a more sensitive testing program, they recommend that the job of lab technician be reclassified to grade 7, it is presently grade 6 and that the salary of Richard Ferber, lab technician be set at step D of grade 7 (641) effective June 1, 1968, was read. Upon motion by Perry, second by Folkert, and all voting in favor, the recommendation was approved. A letter si`gned'by Richard White, Attorney, stating that he represents Floyd Pulver who owns Lots 34,35,36,37,38,39,84,85,86,87,88 and 89of College View Addition , 13th Place S. W. is a platted street in College View Addition and adjoins Mr. Pulver's property on the east; in this area 13th Place S.W. is 30 feet in width and the street has never been opened for any use by the City and Mr. Pulver would like to have this street abandoned of record but before going to the work of consulting with all of the property owners involved, and in preparing a petition for 'such abandonment,' he would like the view of the City of Rochester as to any use the City might desire to put this street to in the future, was read. Upon motion by Perry, second by Folkert, and all voting in favor, the City Clerk was instructed to notify Mr. White 'that they would consider the petition for abandonement when it was presented. Two notices from the Public Service Commission approving changes in the South Broadway route and extension of the Northeast route were each presented and President DeVries ordered the same placed on file. The claim of injury of Signa Schultz of Bremerton, Washington from a fall' on the sidewalk, was read and upon motion by Postier, second by Perry, and all voting in favor, the claim was referred to the City Attorney. A letter requesting that the Rochester Art Festival be *granted permission to hang a banner over 2nd Street S.W. near Broadway commencing June'10, 1968 was read and upon motion Perry, second by Larson, and all voting in favor, the request was approved. A petition with 38 signatures requesting that the Council refuse to grant a 3.2 beer license to the location of Jim and Joe's Tavern at 301 - 17th Avenue S. W., was read and upon motion by Folkert, second by Postier, and all voting in favor, the petition was referred to the Public Safety Committee. A copy of a letter signed by James V. Moon, Superintendent of Schools, suggesting the installation of sidewalks at (1) both sides of Highway 14-52 (12th St. S.E.) between 8th and llth Avenue S.E. (2) along the west side of llth Ave. S.E. from Highway 14-52 to 13'k St. S.E. (the east side &s already in) (3) 8th Ave. between 12th and 13th Sts. S.E. (4) along 13th and 13k Sts. from 8th to llth Ave. S.E. and (5) llth Ave. S.E. at 13 and 13k Streets, was read. Upon motion by Postier, second by Folkert, and all voting in favor, the letter was referred to the Public Works Committee. • 1 • 1 Record of Official Proceedings of the Common Council • of the City of Rochester, Minn., May 20 , 1968 11 1 0 1 F� • 1 A letter signed by Alderman Robert Larson recommending that a Study be made of office space requirements for the City of Rochester and other governmental units, specifi- cally the Coutny and State, was read. Upon motion by Folkert, second by Perry, and all voting in favor, except Aldermen Day and•Postier who voted "no", the letter was referred to the Administrative Assistant -to help correlate and report back. A motion was then made by Ellison, -second by Perry, that a committee cons1:sting of the three committee chairman, Aldermen Larson, Postier and Ellison be appointed to work with a committee,of three county commissioners to study the. possibility of a joint facility, county and city, and report back -to the Common Council within 6 months; all voted in favor except. Aldermen Day and •Postier who voted "no".. - A letter signed by Alderman Robert Larson recommending that -the Mayor appoint a Citizens Advisory Committee -to -study the feasibility and necessity for a• low cost housing project in the City of Rochester, was read. Upon motion by Folkert, second by Larson, and all voting in favor -thereof, the recommendation was approved and the Mayor was instructed to appoint such a committee,,one from eachward and one at large. Six resolutions adopted by the Public Utility Board (1) requesting approval of change order to the contract of Fuel Economy Engineering Company for furnishing power plant piping and fire protection, increase contract by $8,350.00 (2) requesting permission to enter into contract with S.M. Supply Company for 300 KVA Pad Mounted Transformer $2494.00 (3) requesting approval of change order #B-2 to contract with Adair Electric Company.for office remodeling at Silver Lake Plant - add $204.00 (4) requesting permission to enter into agreement with Chicago and North Western Railwy Company for purchase of a least to contract maintain and use a car thawing building and portable heaters upon the property and over and across tracks (5) requesting permission to reinvest $670,000.00 for Electric Department Depreciations Reserve in 6.30% Federal Land Bank Bonds (6) requesting permission to purchase $74,191.50 United States Treasury Bills maturing July 18, 1968 from Rochester State Bank, were each read. Upon motion by Folkert, second by Ellison, and all voting in favor, the resolutions were approved. The following petitions and applications were each read and upon motion by Ellison, second by Perry, and all voting in favor, the same were referred to the Planning and Zoning Commission: '1. application of Carlos E. Harrison for a variance on Lot 14, Block 2, Northern Heights 3rd Subdivision 2. application for final plat approval of Valleyhigh Second Addition 3. petition of Edna Harden for change of zoning on Lots 12 and 16, Allendale Subdivision 4. application for final plat approval of Rocky Creek Subdivision 5. application for preliminary plat approval of Bel Air Second Subdivision 6. petition of Margaret Byholt for change of zoning on property at 504 - 4th Avenue N.W. to industrial 7. application of First National Bank of Mpls. for annexation of Junior College Apartment Site 8. application for approval of community development project on Junior College Apartment Site 9. petition for zone change on Junior College Apartment Site 10. notice from Town Board of Rochester objecting to annexation of Lot 6, Block 21, Golden Hill Addition A letter from G. L. Pierce, Manager of Valhalla, requesting to have the number of 0 units to be placed on Lot 2, Balhalla Fourth Subdivision changed from 23 to 24 was read and 7.2 Record of Official Proceedings of .the 'Common Council' of the City of Rochester, Minn., May 20, 1968 i upon motion by Postier, second by Ellison, and all voting in favor, the request was approved and the City Attorney instructed to prepare the necessary resolution. The City Engineer's preliminary estimate in the amount of $6,588.90 for replacement of sidewalks in S.W. Rochester -sidewalk project #1-1968; in the amount of $6,282.90 for the replacement of sidewalks in S,.W. Rochester -sidewalk project #2-1968; in the amount of $5,565.50 for replacement of sidewalks in S. W. Rochester -sidewalk project #3-1968; in the amount of $3,684.15 for the replacement of sidewalks in S. W. Rochester -sidewalk project #4-1968; in the amount of $6,582.60 formathe replacement of sidewalks in S.W. Rochester - sidewalk project #5-1968; in the amount of $2,145.85 for construction of sidewalk on the south side of Elton Hills Drive N.W.,between llth Ave. N.W. and 9th Avenue N.W.; and in the amount of $15,520.19 for the construction of concrete sidewalk on the north side of Elton Hills Drive N. W. from North Broadway to 12th Avenue N. W., were each read and President DeVries ordered the same placed on file. i The following veto message submitted by Mayor Smekta was read: "Members of the Common Council City of Rochester Rochester, Minnesota Gentlemen: I have vetoed the Council resolution directing me to execute on behalf of the City of Rochester the contract with Gold Cross Ambulance for the following reasons: 1. I am unable to determine any rational basis for the payment of $12,000 per year to Gold Cross Ambulance for the guarantee of 24 hour emergency ambulance service and other services -- $5,000 or even $25,000 could just as well be warranted. There is no basis to determine what is proper or indicated in the findings. 2. A second ambulance service has advised the city that it will provide 24 hour emergency service at $4,000 less per year. 3. The City is favoring one ambulance service over another without sufficient justification, especially if the City agrees to refer all emergency ambulance calls to one ambulance company -- Gold Cross -- to the exclusion of the other ambulance service which is offering to provide emergency and 'regular service. 4. There is no reason why every phase of the operation of a general ambulance service to the community must be profitable,' if the over-all operation is profitable. Persons entering the ambulance business must be prepared to provide emergency services. I suggest.that paragraph 4, page 2 of.,the proposed contract be struck, and that emergency ambulance service be offered to Rochester citizens on the same basis as Fire and Police protection with a maximum charge of $10 ($15 with use of oxygen); this in view of the proposed contract of $12,000. Friday morning, May loth, the owner of the Rochester City Bus Lines, Mr. George Holter, contacted me and offered to negotiate with the City Council a contract to offer ambulance service without subsidy. I am fully aware of the needs of emergency ambulance service for our citizens. I therefore suggest a re -appraisal of the entire matter be made as quickly as possible to determine the best course to be taken. Respectfully, /s Alex P. Smekta Mayor" Also letters from E. W. Johnson, Jr. M.D. and J. C. Ivins, k.* D. requesting that the Mayor reconsider his action in vetoing the said resolution, were each read and ordered placed on file. Dr. John Ivins of 1118 Plummer Circle was present and said in speaking about this problem he would like to point out that we find ourselves in exactly the same situation as most communites and municipalities all over the country and more and more the provisions of 1 1 0 Record of Official Proceedings of the Common Council • of .the City of Rochester, Minn., may 20, 196R .0 1 • 1 of emergency health services, in this case ambulance, are indeed community responsibilities; he said he was not here to plead the case of any individual firm but wanted to make a plea that we attack the problem sensibly because we need the service; he said we should (1) maintain the present level of service until the problems surrounding us can be resolved, this is an acute problem and this matter of entering into contract as proposed here is the way to s solve the acute problem, the service rendered by Gold Cross has some short comings and could be improved in many ways but is is the best emergency service we hade had in the City in the past 20 years, so in order to solve the acute problem it is my recommendation that the contract be consumated (2) the drafting and formulation of a set of standards of governmental type of service and how they are rendered (3) he said he was in hopes we could set up a joint city -county function and operate under the jursidisction of the city and county without any competition from any other sources, competition in this field is bad, no good service is rendered,we have had evidence of competition of picking up injured people and it is not good; I think there are some real obligations that rest upon us and I think the most evident is that the level of service should be continued, it could be improved upon but should not be allowed to die. H. S. Patterson of 1018 EastCenter Street was also present and stated that he was opposed to the City subsidising any person or private firm; he said he did not believe the taxpayers should have to stand the cost of such a subsidy; he said if the City would guarantee him $12,000 per year he would put up any kind of ambulance they want and write regulations for. Mayor Smekta said when you look back at the history of ambulances in the City you realize that in the past 6-7 years all have faded out of business except the one ambulance service, since 1962 Perkins has asked for assittance to continue the ambulance service and now the Public Safety Committee has come in with a recommendation that the City enter into contract with Gold Cross, he said he had no quarrel with Gold Cross service, it is excellent, the only thing he questioned was the cost of $40.00 for emergency calls plus the $12,000 figure per year contract; he said he had checked many of the cities in Minnesota and many had contracts for ambulance emergency services; he then suggested (1) that study and guide lines and specifications be made for the vehicles, the type of equipment and the trainir of people who are to operate the ambulances (2) that a cost analysis be made of the operation with the City having the right to inspect the operators books (3) if the City is going into a contract for private ambulance service then I think that the City with this in mind after an examination of the cost of operation, the City should have the right to set the rates (4) he suggested that insurance polices be increased from a minimum of $500,000 to as high as $750,000. (5) he suggested that the recommendation and guide lines be ready for Common Council study by November, 1968 (6) after the specifications are drawn and accepted by the Council they they should advertise for bids 90 days prior to expiration of date of contract (7) he suggested that a committee of 7 members be appointed to consist of three doctors, three laymen, one member of the Common Council and the Mayor as ex-officio; he said he felt that hel and the members of the Council had a duty to see that ambulance service is provided and htat 04 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., May 20, 1968 • ---„-- _--- is why he suggested the formation of such a committee. Alderman Day inquired if it would not be possible for the Public Safety Committee before the June 3rd meeting to bring a certified financial statement of Gold Cross operations, he said if he did not have this at that time he would recommend that the contract be not granted and if we do have one he would strongly consider being in favor of it. Alderman Postier also stated that he felt the Council should have a Certified Public Accountants statement before this contract was signed and again stated that he felt this has been a subsidy ever since it started. A letter signed by Marvin Erath and Sherwood Courrier stating that they, doing business as Diamond Ambulance Service, Inc. after a careful evaluation of their services one months operation, have found that they can offer 24 hour emergency service to the City, on a competative basis, without seeking any assistance of City support and are hereby withdrawing their original proposal of $8,000 per annum, they feel that on a competative agreement the general public will be better served and receive better service for the cost, they are underwriting a part of their cost with outside renumeration therefore making this proposal possible, was read. The recommendation of the Public Safety Committee that a Citizen's Advisory Committee of seven members be appointed by the Mayor, with the advise and consent of the Common Countil, to prepare and recommend standards for emergency ambulance services, was then read. A motion was made by Perry, second by Folkert, and all voting in favor, that the recommendation be approved. Mayor Smekta then submitted the following names to serve on the committee to study ambulances in the City: Dr. John Ivins as chairman; Dr. Edward Didier; Dr. Harold Wente; Mr. George Kerr; Mr. John Chisholm; Mr. U. J. Eichten and Mr. William Perry. A motion was made by Day, second by Folkert, that the appointments be approved; all voted in favor. An application for variance to allow construction of an addition to the shop portion of the Park & Recreation Building in the Northwest corner of the property at Mayo Field, 403 East Center Street, was read. Upon motion by Day, second by Ellison, and all voting in favor, the application was referred to the Planning & Zoning Commission and a hearing on granting the said variance was set for 7:30 P. M. on June 3, 1968. A letter from Rochester Sand and Gravel Company submitting three plans relative to the sale of property for city use in connection with the City Dumping Grounds was read. Upon motion by Ellison, second by Postier, and all voting in favor, the letter was referred to the Public Works Committee and they were authorized to have the first two parcels appraised. A motion was then made by Day, second by Larson, to stop all burning at the City Dump, except accidental fire and the City Attorney be instructed to prepare the necessary ordinance; all voted in favor ofthe motion. Alderman Day was excused at 10:30 P. M. The recommendation of the Administrative Assistant submitting a summary of the 0 1 1 • I. 0 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., May 29. 1968 - 7D C • I i� 1 alternatives relating to space problems in the City Hall, wa-s presented. No action was t but the Council was to meet on this Wednesday noon in Room 4, City Hall. The recommendation of the Public Safety Committee that parking be prohibited at all times on the east side of 7th Avenue S. W. from 4th to 6th Street, was read. Upon motion by Postier, second by Perry,, and all present voting in favor, the recommendation was approved and -the City Attorney was instructed to prepare the necessary resolution. The recommendation of the Public Safety Committee that parking be prohibited on south side of the alley located between 12th and 13th Street N. W. and west of 2nd Avenue N.W. to Cascade Creek, was read. Upon motion by Folkert, second by Postier, and all present voting in favor, the recommendation was approved and the City Attorney was instructed to prepare the necessary resolution. The recommendation of the Public Safety Committee that parking be prohibited at all times on both sides of 7th Street N. E. between llth and 12th Avenue, was read. Upon motion by Perry, second by FOlkert, and all present voting in favor, the recommendation was approved and the City Attorney instructed to prepare the necessary resolution. The recommendation of the Public Safety Committee that the two parking spaces be reserved for the use of Calvary Episcopal Church on Second Street Southwest, between Third and Fourth Avenues, was read. President DeVries -inquired if it was not illegal to give specific parking to individuals or firms; R. V. Ehrick, City Attorney, stated that the City can not give anyone specific use of a public street. A motion was then made by Perry, . second by Folkert, that the recommendation be approved and the City Attorney be instructed prepare the necessary resolution; all present voted in favor, except President DeVries who voted "nay". The recommendation of the Public Works Committee that because of the nature of each individual service connection replacement, the project to replace sewer and water service connections to certain properties abutting the repaving project on East Center Street from the Zumbro River to llth Avenue S.E. does not lend itself to a composite bid, so the committee recommends that the City Engineer be authorized to engage drainage contractors for the replacement of each service line as required, was read. Upon motion ,by Larson, second bS Postier, and all present voting.in favor, the recommendation was accepted.and the City Attorney instructed to prepare the necessary resohtion. The recommendation of the Public Safety Committee that the bid of Electronic Engineering Services in the amount of $4,853.00 be accepted for furnishing eight two-way radios for use in the Police Department and that the bid of General Electric Company in the amount of $1,780.00 for furnishing two two-way motorcycle radios installed, be accepted was read. Upon motion by Ellison, second by Folkert, and all present voting in favor, the recommendation was approved. The recommendation of the Public Works -Committee that the award of bids for furnishing liquod chlorine at the Sewage Treatment Plant be deferred until the meeting of • June 3, 1968, was read. Upon motion by Perry,§econd b Ellison, and all voting in favor, the reco Record of Official Proceedings. of the Common Council of the City of Rochester, Minn., May 20, 1968 the recommendation was approved. The recommendation of the Finance Committee that the bids for carpeting of selected areas of the City Hill of Boutells be accepted was read. Upon motion by Postier, second by Ellison, and all voting in favor, the recommendation was approved. The applications of Connolly's Downtown Motel, Inc., Huey's Cigar Store, Subway Newstand, White House Carousel, Nelson TV & Appliance, Fifth Avenue Motel Apartments, K. M. Cafe, 400 Cafe and Arthur Hotel Company for license to sell cigarettes were each read and upon motion by Perry, second -by Ellison, and all present voting in favor, the licenses were granted. The contract bonds of Woodhouse Broders in the amount of $3,875.00 with Capitol Indemnity Corporation as surety and Carlisle G. Fraser, Inc.. and Francis G. and Gertrude B. Sehl in the amount of $49,919.94 with Minnesota Trust Company of Austin, Minnesota As surety, Builders Land Company in the amount of $45,000.00 with Transamerica Ins. Company as surety, were each read and upon motion by Perry, second by Postier, and all present voting in favor, the bonds were referred to the Mayor for approval. The ,reports for the month of April, 1968 of the Building Inspector showing fees collected for building permits issued $1,965.00, of the Electrical Inspector showing fees collected for electrical permits issued $649.00, of thePlumbing Inspector showing fees collected for plumbing permits issued $321.75, of the Heating Inspector showing fees collected for heating permits issued $354.50 and..fees collected for sign permits issued $966.97 were each presented and President DeVries ordered the same placed on file. A motion was made by Postier, second by Folkert, and passed unanimously that the monthly bills in the amount of $73,216.26, list of which is attached hereto, be approved and ordered paid. The following resolutions were each introduced and read and upon motion made by Postier, second by Folkert, and all present voting in favor, the resolutions were considered in one block and all approved: Resolution setting position of Assistant City Attorny to a full time position. Resolution accepting the plat bo be known and designated as Elton Hills East Fourth Subdivision. Resolution accepting the plat to be known and designated as Meadow Park Fifth Subdivision. }} Resolution approving plans and special provisions for improvement of T. H. 20 If renumbered as T. H. 52 at 16th Street N. W. I Resolution approving resolution adopted by Public Utility Board re entering into an agreement with Chicago & N.W. Ry. for lease purchase to contract a car thawing building 1! and portable heaters upon the property and over, etc. Resolution approving change order #E-2 to contract with Adair Electric Company for office remodeling at Silver Lake Plant. I' Resolution authorizing Public Utility Board to enter into contract with S.M. i li I i� • 1 1 • 1 • Record of Official Proceedings of the Common Council • of the City . of Rochester, Minn.;. May 20, 1968 1 n U 1 1 Supply Company for 300 KVA Pad Mounted Transformer. Resolution authorizing Public Utility Board to purchase Federal Land Bank Bonds at Rohester State Bank for Electric Dept. Depr. Reserve - $670,000.00. s . Resolution authorizing Public Utility Board to purchase $74,191.50 U. S. Treasury Bills at Rochester State Bank for Electric Dept. Depreciation Reserve. Resolution authorizing execution of Contract Amendment No. 1 with Fuel Economy Engineering Company for furnishing Power Plant Piping and Fire Protection Extension to the Silver Lake Power Plant. Resolution declaring cost to be assessed and ordering preparation of,proposed assessment for grading and surfacing the west half of Sierra Lane abutting Block 2 of Pecks Hills 2nd Subdivision. Resolution ordering a hearing on the proposed assessment for grading and surfacing of the west half of Sierra Lane abutting Block 2 of Pecks Hills 2nd Subdivision. Resolution declaring cost to be assessed and ordering preparation of proposed . assessment for construction of Strom sewer and water main in Sierra Lane in.Pecks Hills 2nd Addition (deferred assessments to Payne, Martin, Pruitt and Green). Resolution ordering a hearing on the proposed assessment for construction of a storm sewer and water main in Sierra Lane in Pecks Hills 2nd. Addition (deferred assessment to Payne, Martin, Pruitt and Green). Resolution accepting bid of Edward Mahoney for replacement of -sidewalks in S.W. Rochester -sidewalk project #1-1968. Resolution accepting bid of C. M. Boutelle & Son, Inc. for replacement of sidewalk, in S. W. Rochester -sidewalk project #2-1968. Resolution accepting bid of Edward Mahoney for replacement of sidewalks in S. W. Rochester -sidewalk project #3-1968. Resolution accepting bid of Edward Mahoney for replacement of sidewalksin S. W. Rochester -sidewalk project #4-1968. Resolution accepting bid of Edward Mahoney for replacement of sidewalks in S. W. Rochester -sidewalk project #5-1968. Resolution accepting bid.of-Bob DeWitz for sidewalk construction on south side of Elton Hills Drive N. W. between llth and 9th Avenue N.W. Resolution accepting bid of Doyle Conner Company for sidewalk construction on nortt side of Elton Hills Drive N. W: from North Broadway to Ith Avenue N. W. Resolution accepting bids of Electronic Engineering Service for furnishing 8 two- way radios and General Electric Company for furnist; two tw0-way motorcycle radios. Resolution accepting bid of Boutells for furnishing and installing carpeting in various pla8es in City Hall: Resolution accepting bid of Hall Equipment Company for furnishing one tractor loader for the City Engineer's Department. n U 578 Record of Official Proceedings of the Common Council of: the City of Rochester, Minn., May 20, 1968 The recommendation of the Public Works Committee that the bid of Edward Mahoney for replacement of sidewalks in S. W.Rochester-sidewalk project #1-1968 in the !� i amount of $5,905.17 be accepted at the unit prices -bid -and checks returned to the unsuccessful -bidders, was read. (Bids were opened'at 2:00 P. M. and the bids of C. M. I�I� Boutelle & Son in the -amount of $5,969.50, Bob DeWitt in the amount of $6,809.31, Phil Ryan Cement Contractor in the amount of $6,285.78, E. J. Vonch in the amount of $6,366.24 and Edward Mahoney in the amount.of $5,905.17 were each received.) Upon ,f motion by Perry,'second by Ellison, and all present voting in favor, the recommendation Ji was approved. 1� The recommendation of the Public .Works Committee -that the bid of C. M. �j • Boutelle & Son, Inc. for replacement of sidewalks in S.W. Rochester-sidewalk.project #2 ij �I 1968 in the amount of $5,700.00 be accepted at the unit prices bid and checks returned ' to the unsuccessful bidders, was read. (Bids were opened at 2:00 P. M. and the bids of I� C. M. Boutelle & Son, Inc. in the amount of $5,700.00,.Phil Ryan Cement. -Contractor in I' i� theamount of $6,005.52 and Edward Mahoney in the amount of $6,928.60 were eachreceived). it Upon motion by Perry, second by Ellison, and all present voting.in favor, the I recommendation was approved. The recommendation of the Public Works Committee that the bid of Edward �! it Mahoney in the amount of $4,848.90 for replacement .of sidewalks in S..W. Rochester - �I sidewalk project #3-1968 be accepted at the unit prices bid and checks returned to the I unsuccessful bidders, was read. (Bids were opened at 2:00 P.--M. and the bids of C. M. �! Boutelle & Son, Inc. in the.amount of $4,964.20,,Bob DeWitz in the amount of $5,709.36, ,I Phil Ryan Cement Contractor $5,428.26 and Edward Mahoney in the amount of $4,848.90,were I' each. received). Upon motion by Perry, second by Ellison, and all present voting in favor, i the recommendation was approved. The recommendation of the Public Works Committee that the bid of Edward I� Mahoney for replacement of sidewalks in S.W. Rochester -sidewalk project #4-1968 in the amount of $3,152.43 be accepted at the unit prices bid and checks returned to the �I unsuccessful bidders, was read. (Bids were received and opened at 2:00 P. M. and.the bids fl • . II of C. M. Boutelle &.Son, Inc. in the.amount of $3,292.40, Bob DeWtiz in the amount of i $3,764.65, Phil Ryan Cement Contractor in the amount of $3,670.11 and Edward Mahoney in the amount of $3,152.43 were each received). Upon motion by Perry, second by Ellison, and ,i all present voting in favor, the recommendation was approved. I� ! The recommendation of the Public Works Committee that the bid of Edward I' Mahoney for replacement of sidewalks in S. W. Rochester -sidewalk project #5-1968 in the I+ amount of $5,647.05 be accepted at the unit prices.bid and checks be returned to the unsuccessful bidders, was read. (Bids were opened at 2:00 P. M. and the bids of C. M. Boutelle & Son, Inc. in the amount of $5,973.60 and Edward Mahoney in the amount of $5,647.05 were each received). Upon motion by Perry, second by Ellison, and all present ' i i voting in favor, the recommendation was approved. I� j� • l Record of Official Proceedings of the. Common Council of the City of Rochester, Minn., May 20, 1968 57-9 1 L� • The recommendation of the Public Works Committee that the bid of B. DeWitz for construction of sidewalk on -the south side of Elton Hills Drive N. W. between llth Avenue and 9th Avenue N. W. in the amount of $2,278.62 be accepted at the unit prices bid and checks be returned to the unsuccessful -bidders, was read. (Bids were -opened at 2:00 P. M. and the bids of Bob DeWitt in the amount of $2,278.62, Doyle Conner Company in the amount of $2,284.60, Phil Ryan,Cement Contractor in the amount of $2,446.26 and E. J. Vonch Concrete Company in the amount of $2,315.70 were each received). 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 the bid of Doyle Conner Company for.construction of concrete sidewalk on the north side of Elton Hills Drive N. W. from North Broadway to 12th Avenue N. W. in the amount of $15,259.50 be accepted at the unit prices bid and checks returned to the unsuccessful bidders, was read. (Bids were opened at 2:00 P. M. and the bids of Doyle Conner Company in the amount of $15,259.50, Phil Ryan Cement Contractor -in the amount of $17,987.71 and Bob DeWitz in the amount of $18,052.74 were each received). Upon motion by Perry, second by Ellison, and all present voting in favor, the recommendation was approved. Resolution vacating public sidewalk'easements'located between Lots 11 and 12, Block 3, Carroll's Second Addition and between Lots 7 and 8, Block 5, Leitzen's Fifth Addition. Upon motion by Perry, second by Postier, and all present voting in favor, resolution adopted. Resolution authorizing and directing Mayor and City Clerk to execute on behalf of the City of Rochester, the contract with Builders Land Company relative to the construction of certain local improvements in Elton Hills East Fourth Subdivision. Upon motion by Perry, second by Larson, and all present voting in favor, resolution adopted. Resolution establishing the following bus stops: (a) Eighty-five (85'), more or less, at the following locations: (1) on the north side of 2nd St.-S.W. immediately west of First Avenue. (2) On the south side of Second Street Southwest, immediately east of First Avenue. (3) On the east side of First Avenue Southwest, immediately north of Second Street. • (4) On the west side of First Avenue Southwest, immediately south of Second Street. (b) Fifty (50")feet, more or less, at the following locations: (1) On the north side of West''Center Street in front of the premises known as 823 West Center Street. (2) On'the south side of Second'Street Southwest, in front of the premises known as 806 Second Street Southwest. (3) On the north side of Sixth Street Southwest, immediately west of.Fifth Avenue. (4) On the east side of llth Avenue Northwest, in front' of ' the premises known as 2550 llth Avenue Northwest. (5) On the east side of llth Avenue Northwest, in front'of the premises known as 2624 llth Avenue Northwest. (6) On the east side of llth Avenue'Northwest, immediately north of Elton Hills Drive. (7) On the north side of 14th Street Northeast between the two driveway entrances to Silver Lake Shopping Center. (8) -On the east side of 14th- Avenue Southwest, in front of the premises known as 430 14th Avenue Southwest. '(9)-On the east side of 14th Avenue Southwest,'immediately north of Seventh Street Southwest. �j Upon motion by Postier, second by Larson, and all present voting in favor, resolution adopted. 5:8-0 Record of Official Proceedings of the .Common Council of the City of Rochester, Minri., May, 20, 1968 Resolution amending.the resolution establishing parking,;,tpuck loading, passenger loading and.parking meter regulations and provisions, as:follows' (1) Section B, No Parking Zones, is hereby,amended,by*add.ing thereto;Paragraphs (31.8) and $135.4) to read in their entirety as follows: (31.8) Second Street Northeast on the north,,side of the street 25 feet more orlbes in front of the premises known as 1301 Second Street Northeast at, all times.. (135.4) llth Avenue Southeast on the east side of the street between llth Street and 12th Street at.all.times,,.,, (2) Paragraph (70.5) of Section E, Passenger Loading Zones, is hereby repealed. (3) Paragraph (2) •of Section H, Limited Parking Zones, Zone :A : (12 minute parking) is hereby amended so as to read in its entirety as follows: (a) South Broadway and.North Broadway on the east side:of the street, 20 feet more or less immediately north of Fourth Street Southeast, Third Street Southeast and Second Street Southeast:; 40 feet more or less immediately north of First Street Southeast; and 20 feet more or less immediately north and immediately.south of Center Street:. (4) Paragraph (13) of Zone D (90 minute parking) of Section H, Limited Parking Zones, is hemby amended so as to read in its entirety as.follows: (13) Second Avenue Southwest on both sides of the street between Second Street and Fourth Street. (5) Paragraph (17) of Zone D (90 minute parking) of Section H, Limited Parking Zones, is hereby repealed. (6) Section H, .Limited Parking Zones, Zone E (2'hour parking) is hereby amended by ,adding thereto Paragraph (9) to read in ita entirety as follows: (9) Fifth Avenue Southwest on the west side of the street from Second Street to the east -west alley between.Second Street and Third Street between the hours of 8:00 a.m. and 6:00 p.m. on Monday through Saturday. (7) Section H, Limited Parking Zones, Zone F (3 hour parking) is hereby amended by adding thereto Paragraphs (7..5) and (10.5) to read in their entirety as follows: (7.5) Second Avenue Southwest on both sides of the street between Fourth Street and Fifth Street. `(10.5) Fifth Street Southwest on both sides of the street between First Avenue and Second Avenue. I C :: (8) Paragraph (2) of Zone A (12 minute parking) of Section I, Parking Meters, is hereby amended so as to read in its entirety as follows: (2) South Broadway and North Broadway on the east side of the street, 20 feet more or less immediately north of Fourth:Street Souteheast, Third Street Southeast and Second Street Southeast; 40 feet more or less immediately north of First Street Southeast;::and 20:feet more or less immediately north and immediately south of Center Street. (9) Paragraph (13) of Zone D (90 minute parking) of Section I, -Parking Meters, is hereby ameded so as to read in its entirety as follows: (13)• Second Avenue Southwest on both sides of the street between Second Street and Fourth Street. (10) Paragraph (17) of Zone D (90 minute parking) of Section I., Parking Meters, is hereby repealed. - , (11) Section I, Parking Meters, Zone F (3 hour parking), is hereby amended by adding thereto Paragraphs (7.5) and (10.5) to read in their entirety as follows: (7.5) Second Avenue Southwest on both sides of the -street between Fourth Street and Fifth Street. (10.5) Fifth Street Southwest on both sides of,the street between First Avenue and Second Avenue. Upon motion by Larson, second by Ellison, and all present voting in favor, resolution adopted. Resolution granting a temporary use permit for a period of twelve months from and after the date of this resolution, to store unoccupied mobile•homes upon the property known as Rocky Creek Subdivision (R-3 Multi -Family Residence District --Medium Density). Upon motion by Postier, second by Ellison, and all present voting in favor, resolution adopted. ; Resolution requesting Public Service Commission of-the,,State of Minnesota to initiate pr6ceedings in response to this resolution to authorize the.,establishement of a grade crossing over the Chicago and Northwestern Railway Company tracks•at 15th Avenue Northeast, extended, and to determine all matters related to said.grade�crossing, including the sharing of the construction and possible signalization of the crossing by the City of 1 n U 1 • 1 C Record of Official Proceedings of the Common Council • of the City of Rochester, Minn., May 20, 1968 -58- - , \ 1 1 • 1 Rochester,,-the.Chicago and Northwestern Railway Company and the State of Minnesota. Upon motion.by,Postier, second by Ellison, and all present voting in favor, resolution adopted. Resolution vacating the public utility easement ten (10') feet in width, being five (S'�)= on'each side of the common boundary or lot line between Lots Thirteen (13) and Fourteen (14), Block Six (6), Sunrise Estates. Upon -motion by Postier,.second by Ellison, and all present voting in favor, resolution adopted, An Ordinance annexing to the City of -Rochester, Minnesota certain unplatted land not exceeding two hundred acres in area, all being in the Southeast Quarter of Section Twelve, Township One Hundred -Six North, Range Fourteen West, Olmsted County, Minnesota(a part of the Southeast Quarter (SE'k) of Section 12, Township 106 North; Range 14 West- part of llth Avenue S.E. in Meadow Park First Subdivision) was given its first reading. Upon motion by Perry, 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 Larson, 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 Ellison, second by Folkert, that the said ordinance be adopted as read,- and all present voting in favor, President DeVries declared the- said ordinance duly passed and adopted. An Ordinance establishing a Permanent Committee on beautification .of.the City of Rochester, Minnesota, was given its first reading. A motion was made by Perry, second by Folkert, that the rules be suspended and the ordinance be given its second reading, but upon roll call President DeVries voted "nay". A motion was made by Perry, second by Folkert, that there be no exclusions on sidewalks in Meadow Park'Fifth Subdivision and in Elton Hills East Fourth Subdivision, all present voting in favor. A motion was made by Ellison, second by Perry, that the Public Safety Committee study the feasibility of having meter maids, all present voted in favor. A motion was made by Postier, second by Folkert, that the matter of moving North and South Traffic at the corner of llth Avenue and East Center, while construction is going on, be referred to the Public Safety Committee; all'pnesent voted in favor. A motion -was made by Larson, second by Folkert, that the matter of traffic at the intersection of 2nd Street and 17th Avenue S. W. be referred to the Public Safety Committee; present all/voted in favor. A motion was wade by Folkert, second by Perry, that the Public Safety Committee study the possibility of installing a traffic signal at the intersection of 6th AVenue and 2nd Street S. W. this summer while construction is going on rather than wait until next summer as planned; all present voted in favor. Upon motion by Postier, second by Ellison, and all present voting in favor, the meeting was adjourned. City Clerk is