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HomeMy WebLinkAbout06-17-1968Record of Official Proceedings of the Common Council of the City of Rochester, Minn., June 17, 1968 6 V r 1 • 1 1 C� 1 Minutes of an adjourned 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 June 17, 1968. 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, Perry, Postier. Absent: None. Upon motion by Postier,.second by Ellison,"and all voting in favor, the minutes of the meeting held on June 3, 1968 were approved. (Aldermen Day read the following from a copy of the minutes of June 3rd "Mr. William Leach stated that in his estimation and recollection they always proposed to work with the Corps of Engineers and Conservation Department and other) governmental bodies but never had the cooperation of the Corps:of Engineers or Conservation, they made several overtures but not one would give them any authority to proceed; he said they, had a proposal of the channel widening and it would have been a beautiful contribution but it died on the vine, he said he even tried to acquire lands on the east side of the river to make alternate plans but was unable to acquire such lands because of the high cost involved; he said in his mind this was a definite plan, it was in the form of a proposal but was never a] approved"; Mrs Leach was present and Alderman Day asked him if he would Like to change any of the above statement; Mr. Leach said he could see no reason to do so.) President DeVries stated this as being the time and place set for hearings on the following projects: Hearing on proposed assessment for deferred assessment on account of construction of storm sewer and water main in Sierra Lane in Peck's Hills 2nd Addition. There was no one present wishiing to be heard. President DeVries declared the hearing officially closed. A motion was then made by Postier, second by Larson, to proceed with the assessment; all voted in favor. Hearing on proposed assessment for grading and surfacing of the west half of Sierra Lane abutting Block 2 of Peck's Hills 2nd Addition. 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 Folkert, to proceed with the assessment; all voted in favor. Hearing on approval of the final plat of Valleyhigh Second Subdivision. 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 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 Rocky Creek First Subdivision. It was reported that the plat had not been turned in. A motion was then made by Perry, second by Ellison, that this hearing be continued until 7:30 P. M. on July-l; 1968; all voted in favor. Hearing on granting of a variance to the Zoning Ordinance of 25.07% for building coverage for Apache Mall. Mr. Richard Guidera, Secretary of Rochester, Mall, was present and urged that the variance be granted, he said this was just 25.07% a small amount compared 0 to their total coverage of 940,000 sq. ft. There was no one else present wishing to be heard, r6O8 Record of Official Proceedings of the Comniorl Council of the City of Rochester, Minn., June 17, 1968 • CD778920 -- - - - -- - -- - - - _ --��-_--- - - - - - - -- - --- - - - -- - -- ----------- - -_-_, -_ ._.-c-.--_--- --_- .---- - -- _ _ - _ IF---=-------- ----- President DeVries declared the hearing officially closed. A motion was then made by Day, second by Folkert, instructing the City Attorney to prepare the necessary resolution to grant this variance; all voted in favor. Hearing on approval of the final plan of the Community Shopping Center to be known as Apache Mall. There was no one present wishing to be heard. President DeVries declared the hearing officially closed. A motion was then made by Ellison, second by Larson, instructing the City Attorney to prepare a resolution approving the final plan of the Community Shopping Center to be known as Apache Mall; all voted in favor. Continued hearing on sidewalk approaches to Winston Churchill School - part 1- 1968. Mr. Harold Robertson of 437 Northern Heights Drive was present and again suggested that the Council consider putting the sidewalk on the south side of Northern Heights Drive; he said it it were put on the north side there were only four familes this sidewalk would service and he was the only one with a child still going to Winston Churchill School and that would only be for one more year, he felt it would serve Northern Hdights much better if it were put on the south side. Mr. Donald Schwartz of 635 Northern Heights Drive also suggested that the sidewalk be put on the south side, the area immediatley across the street is now undeveloped and it could be torn up at no charge. Mr. Durward Shepard of 427 Northern Heights Drive also favored putting the sidewalk on the south side, he also pointed out that when the new development was finished behind Recreation Lanes, the homes would have access directly up the hill and directly to Winston Churchill School. Mr. Mervin Rippie of 423 Northern Heights Drive also favored putting the sidewalk on the south side, he said this would also prevent the children from crossing the street to get on the bus. Mr. Richard Ward of 629 Northen Heights Drive said he lived at the top of the hill on the: -north side of the street and would be willing to pay for sidewalk but thought it should probably be put on both sides of the street, he said he had trouble now making the hill past 5th Avenue and suggested a school patrol on 5th Avenue. There was no one else present wishing to be heard. President DeVries declared the hearing officially closed. A motion was then made by Perry, second by Ellison, that this matter of sidewalk construction be referred back to the Public Works Committee for further study, also the 5th Avenue intersection to be considered; all voted in favor. Continued hearing on report of Commissioners on condemnation of certain land in Block 62, Original Plat as a site for aw electric substation for the Public Utility Department. R. V. Ehrick, City Attorney, reported that the Public Utility Board had not yet had an opportunity to meet with the people involved. Upon motion by Postier, second by Folkert, and all voting in favor, the hearing was continued until 7:30 P. M. on July 1, 1968. A letter from the Board of Park Commissioners recommending the employment of Miss Judith Milfred to fill the position of Assistant Director of Recreation, she will replace Mrs. Darcy Piens who has resigned effective June 14th, was read. Upon motion by Perry, second by Ellison, and all voting in favor, the appointment was approved. A letter from Viktor 0. Wilson, M.D., Health Officer, requesting approval of the appointment of Miss Maryti K. Schomisch as a staff public health nurse, was read and upon motion F� • 1 1 • 1 Record of Official Proceedings of the Common Council • of the City of Rochester, Minn., June 17, 1968 1 • r 1 1 r� U by Day, second by Folkert, and all voting in favor,. the appointment was approved. A letter from Tom 0. Moore, City Planning Director, submitting copies of letters of resignation of Gloria Jean Schibursky as Clerk Typist IIIeffective July 31, 1968 and Robert K. Halloin as Long Range Planner effective July 31, 1968, was read and upon motion by Folkert, second by Postier, and all voting in favor, the resignations were accepted. A feasibility report submitted by McGhie &•Betts, Inc. for 1968 Improvements to Elton Hills Storm Sewer System (estimated costs in three parts are - 18th Avenue N. W. - $4,013.90; 14th Avenue N. W. $9,280.16 and Trunk Line 13-14th Ave. N.W. $15,613.96); for a total cost of $28,908.02 was presented and upon motion by Day, second by Folkert, and all voting in favor, the report was accepted. A letter signed by Tom 0. Moore, City Planning Director, requesting change of the employment status of Clerk Typist I in the City Planning Department, was read and upon motion by Day, second by Folkert, and all voting in favor, the request was referred to the Personnel Advisory Committee. A notice of hearing to be held in the Weyerhauser Room of the Minnesota Historical Society Building, just east of the State Capitol in St. Paul on Monday, June 24, 1968 at 10:00 a.m. to investigate flood plain zoning was read and ordered placed on file. Chairman of the Public Works Committee, City Engineer, and others were authorized to -attend. A letter from the Elton Hills PTA requesting a school crossing guard at the intersection of 15th Avenue and 16th Avenue N: W. was read and upon motion by Ellison, sec by Postier, and all voting in favor, the letter was referred to the Public Safety Committee. A letter from the Department of Highways submitting three copies of Agreement No. 55805 (T. H. No. 52 construction of 19th Street Traffic Interchange) and a letter from the Department of Highways transmitting three copies of cooperative agreement No. 55809 (improvements on T. H. 63) were each read and upon motion by Folkert, second by Larson, and all voting in favor, the letters were ordered placed on file. Claims of injury of (1)•Mrs. Emmett Doherty injured while walking in front of the Northwestern National Bank and (2) Ruth Nelson injured in fall in front of Model Lawlers Dry Cleaning Establishment on 1st Avenue S. W., were each read and upon motion by Perry, second by Folkert, and all voting in favor, the claims were referred to the City Attorney. Two.resolutions adopted by the Public Utility Board (1) requesting permission to enter into contract with Crescent Electric Supply Company for furnishing one Load Break Switch in the amount of $2,308.00 and (2) requesting permission to enter into contract with Crescent Electric Supply Company for furnishing 3 Pad Mounted Transformers, were each read, and upon motion by Postier, second by Folkert, and all voting in favor, the resolutions were approved. Letters from Earl D. Friedline and Robert J. Eickman favoring the adoption of some cat control were each read and ordered placed on file. Notice of a public hearing to be held in the Council Chambers on June 24, 1968 by the Minnesota Municipal Commission in the matter of the petition for annexation of Lot 6, 0 F" 1_ 0 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., June 17, 1968 • --Cb-789-2- - ---- - Block 21, Golden Hill Addition at 10:00 A. M. was read and ordered placed on file. IJ The application of the Public Utility Board requesting approval of a conditional use for a public water supply pump house at the corner of Zumbro Drive and 3rd Avenue N.W. 11 was read and upon motion by Perry, second by Folkert, and all voting in favor, the same I: was referred to the Planning & Zoning Commission. I' A letter signed.by Glenn E. Miller regarding the noise polution caused by the stock car.races was read and upon motion by Ellison, second by Postier, and all voting in favor, except Alderman Day.who voted "nay", the letter was referred.to the Board of County Commissioners. A letter from C. A. Armstrong, City Engineer, recommending acceptance of the feasibility report by Betts & McGhie, Inc. for water tower and trunk line S. W. Service area and further recommending that a hearing beset on July 15 and the report be referred to the Public Works Committee for (1) their approval of or revision of the area to be assessed and (2) their direction on negotiations with the Rochester Mall Company on the amount of its direct contribution for the additional cost of the Water Spheroid type of tank, was read. Upon motion by Day, second by Postier, and all voting in favor, the recommendations were accepted anda hearing was set for July 15, 1968 at 7:30 P. M. A letter from the Rochester Post Bulletin requesting a permit for the annual fireworks exhibition that is held at Silver Lake Park every ,duly 4th, the sponsors this year are the Rochester Post -Bulletin, Sandy's Drive -In and Radio Station KWEB, was read. Upon motion by Day, second by Ellison, and all voting in favor, the permit was approved and an expression of thanks was given to the sponsors. Mr. Leonard Sankstone was present and inquired what had.been dons about,the plat of Rocky Creek;.he was told that the hearing had been continued until July 1 because the plat had not been presented; he then said that the plat was complete except that the street had not been named. Mayor Smekta then recommended that the street in this plat be named McQuillan Street and the Council all approved this and Mr. Sankstone was to include this on the plat and present it at the meeting on July 1, 1968. The following bids were received and opened at 2:00 P. M. this afternoon: 1. Sidewalk approaches to Mayo High School - Part 1-1968 (Doyle Conner Company $4,400.10, B. DeWitz ($4;648.50 and Phil Ryan Concrete Co. $4,331.10). 2. Sidewalk approaches to Mayo High School - Part 2-1968 (Doyle Conner Company $8,895.60, B. DeWitz $9,387.00 and Phil Ryan Concrete Co. $8,745.45). 3. Sidewalk approaches to Winston Churchill School - Part 1-1968 (Doyle Conner Company $7,604.10, B. DeWitz $7,541.06 and E. J. Vonch $7,199.50). 4. Sidewalk approaches to Winston Churchill School -.Part 2-1968 (Doyle Conner Company $11,187.90, B. DeWitz $11,577.96 and Phil Ryan $11,582.92). 5. Sidewalk approaches to Sunset Terrace School - Part 1-1968 (Doyle Conner Company $9,113.40, B. DeWitz $9,646.20 and E. J. Vonch (8,781.80). 6. Sidewalk approaches to Sunset Terrace School - Part 2-1968 (Doyle Conner Company $10,127.70, B. DeWitz $10,715.94, E. J. Vonch $9,759.50 and Phil 7. Sidewalk approaches to Robert Gage School - 1968 (Doyle Conner $5,148.00, B. DeWitz $5,103.45 and Phil Ryan $5,196.84). 8. Concrete work at Fire Station No..1 (Bod DeWitz $2,462.98 and Doyle Conner $2,299.54). 9. Air Conditioning at the Public Health Center (Scheid Plumbing Company $22,400.00 and Alpek Sheet Metal.Works $15,880.00). The recommendation of the Planning & Zoning Commission that the final plat of Northern Heights Seventh Subdivision be granted final approval, was read and upon motion by CN 1 • • Record of Official Proceedings of the Common Council of the City of Rochester, Minn., June 17, 1968 1 is 1 1 U 1 Postier, second by Perry, and all voting in favor, the recommendation was accepted and a hearing on the said plat was set for 7:30 P. M. on July 1, 1968. The recommendation of the Planning & Zoning Commission stating that.in order for the City to receive block statistics from the 1970 Census.it will be necessary for the City to transmit a downpayment of $200.00 to the Bureau of the Census by July 1, 1968 and that a balance of the fee in the amount of $1775.00 be sent in by January 1, 1970, information to be published here by block includes the count of population, the number of housing units, tenure, value or rent, plumbing and other facilities, the number of occupied units with negro-househo] heads, the number of units with 1.01 or more presons per room, and other selected population and housing characteristics, and recommending that the.City spend the necessary money to receive these statistics and that the Mayor act as the City's official representative in'this matter, was read. Upon motion by Ellison, second by Postier, and all voting in favor, the recommendation was approved. The recommendation of the Planning & Zoning Commission that.the proposed beautification committee ordinancebe established and that copies of their recommendations be forwarded to the Planning Commission -tor itW comments and recommendations, was read. Upon motion by Folkert, second by Larson, and all voting in favor, the recommendation was approved, The recommendation of the Public Safety Committee stating that they had considered) a letter from Robert Gage PTA with reference to crossing guards and signs at the intersection of 40th Street and 18th Avenue Northwest and a copy of the recommendation of the Police Dept. which were (1) sidewalks appear to be necessary in this area (2) school signs (3) marked crosswalks at the above intersection and (4) this survey indicates that an adult crossing guard not necessary at this time, were each read. Upon motion by Ellison, second by Postier, and all voting in favor, the recommendation was accepted and the recommendations of the Police Department were approved. The recommendation of the Public Safety Committee that 12 minute meters be installed on the west side of First AVe nue Southwest between First Street,Southwest and Center Street at all metered spaces, was read. Upon motion by Ellison, second by Folkert, a all voting in favor, the recommendation was referred back to the Public Safety Committee for further study. The recommendation of the Public Safety Committee that parking be prohibited at all times on both sides of 16th Street Southeast between 3rd and 5,th Avenue Southeast; was read and upon motion by Ellison, second by Folkert, and all voting in favor, the recommendat was approved and the City Attorney was instructed to prepare the necessary resolution. The recommendation of the Public Safety Committee that the application to operate a pool hall in the building known as Black's Cafe & Billiards as.submitted by Donald-G. Rockram be .approved, was read. Upon motion by Ellison, second by Larson, -and all voting in favor, the recommendation was approved and the.City Clerk was instructed to issue the license, The recommendation of the Public Works,Committee that the Council advertise for bids to be received -on July.15, 1968 for construction of 1968 Improvements to Elton Hills U Record of Official Proceedings of the "Common Council of the City of Rochester, Minn., June 17, 1968 • --CD-79920_ Storm Sewer System on plans and specifications prepared by McGhie & Betts, Inc, was read and upon motion by Larson, second by Postier, and all voting in favor, the recommendation was approved. The recommendation of the Public Works Committee that a local improvement project without petition be initiated for sanitary sewer extension on the east side.of llth Avenue S. E. abutting Church of the Resurrection Subdivision and water main extensions from 16th Street to 16k Street Southeast, was read and upon motion by Larson, second by Ellison, and all voting in favor, the recommendation was approved. The feasibility report of the City Engineer stating that sanitary sewer extnension on the east side of llth Avenue S. E. abutting Church of the Resurrection Subdivision and water main extension from 16th Street to 16k Street S. E. is feasible and recommend its con- struction, this property is also subject to assessment for previously constructed utilities (1) Southeast Water Tower and Connecting Trunk Water Main, Project 6108 and (2) sanitary sewer in 16th St. S.E. in Meadow Park Subdivision from 11 Ave. S.E. to GoldenHlll Industrial Park, Project 6256-4-66A, the estimated costs are $20,000.00, was read together with the recommendation of the Public Works Committee that the project be constructed with the costs to be assessed currently to the abutting property within the City limits and deferred against the abutting properties not presently within the City. Upon motion by Larson, second by Ellison, and all voting in favor, the recommendation was approved. The recommendation of the Public Works Committee that the bid of Phil Ryan Cement Contractor for construction of sidewalk approaches to Mayo High School - Part 1-1968 in the amount of $4,400.10 be accepted and checks be returned to the unsuccessful bidders, was read. Upon motion by Postier, second by Ellison, and all voting in favor, the recommendation was approved. The recommendation of the Public Works Committee that the bid of Phil Ryan Cement Contractor for construction of sidewalk approaches to Mayo High School - Part 2-1968 in the amount of $8,745.45 be accepted and checks be returned to the unsuccessful bidders, was read. Upon motion by Postier, second by Ellison, and all voting in favor, the recommendation was approved. The recommendation of the Public Works Committee that the bid of Doyle Conner Company for the construction of sidewalk approaches to Winston Churchill School - Part 2-1968 in the amount of $11,187.90 be accepted and checks be returned to the unsuccessful bidders, was read. Upon motion by Ellison, second by Postier, and all voting in favor, the- recommendation was approved. No action was taken on the bids received for sidewalk approaches to Winston Churchill School - Part 1-1968. The recommendation of the Public Works Committee that the bid of E. J. Vonch Concrete Company for construction of sidewalk approaches to Sunset Terrace School - Part 1- 1968 in the amount of $8,781.80 be accepted and checks be teturned to the unsuccessful I� • bidders, was read. Upon motion by Ellison, second by Postier, and all voting in favor, the 11 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., June 17, 1968 1 0 F� 1 recommendation was approved. The recommendation of the Public Works Committee that the bid of E. J. Vonch Concrete.Company for construction of sidewalk approaches to Sunset Terrace School - Part 2- 1968 in the amount of $9,759.50 be accepted and checks returned to the unsuccessful bidders, was read. Upon motion by Postier, second by Ellison, and all voting in favor, the recommendation was approved. The recommendation of the Public Works Committee that the bid of B. DeWitz for construction of sidewalk approaches to Robert Gate School - 1968 in the amount of $5,103.45 be accepted and checks be returned to the unsuccessful bidders, was read and upon motion by Ellison, second by Postier, and all voting in favor, the recommendation was approved. The recommendation of the Public Safety Committee that the bid of Doyle Conner Company for furnishing concrete work at Fire Station No. 1 in the amount of $2,299.54 be accepted and checks be returned to the unsuccessful bidders, was read and upon motion by Postier, second by Ellison, and all voting in favor, the recommendation was approved. The recommendation of the Finance Committee that the bid of Alepek Sheet Metal & Roofing Company for furnishing and installing air conditioning at the Public Health Center in the amount of $15,880.00 be accepted, subject to the company filing a full and complete plan of the system before the contract is signed, was read. Upon motion by Perry, second by Folkert, and all voting in favor thereof, the recommendation was approved. Upon motion by Day, second .by Ellison, and all voting in favor, the meeting was recessed at 8:55 P. M. President DeVries called the meeting to order again at 9:05 P. M. with all members being present. The resignation of Warren P. Eustis as Assistant City Attorney due to ill health and effective immediately was read. Upon motion by Postier, second by Folkert, and all voting in favor, the resignation was accepted and Mr. Richard Bins was appointed as Assis City Attorney, on a part time basis pending employment of a full time Assistant City Attorney. The contract bonds of Glomar and Associates in the amount of $27,750.00 with Fidelity and Deposit Company of Maryland as surety; C. M. Boutelle & Sons Inc. in the amount of $5,700.00 with Capitol Indemnity Company as surety; Carlisle G. Fraser, Inc. in the amount of $30,706.25 with Transamerica Insurance Company as surety; Rochester Mall Company in the amount of $15,000.00 with St. Paul Fire & Marine Insurance Company.as surety; and Riverside Sand & Gravel Company in the amount of $12,506.50 with United States Fidelity and Guaranty Company as surety, were each read and upon motion by Postier,-second by Larson, and all voting in favor, the bonds were referred to the Mayor for approval. The application of Howard Johnson's for "on sale" 3.2 beer license was read and upon motion by Postier, second by Larson, and all voting in favor,.the license was granted. The applications of Meyer's General Merchandise, Reeve's Drug Store, Parkside Hotel, Distad's Mobil Service and Black's Cafe & Billiards for license to sell cigarettes were each read and upon motion by Postier, second by Larson, and all voting in favor, the Record of Official Proceedings of the Common Council of the City of Rochester, Minn., June 17, 1968 �J CD=7B91 licenses were granted. The reports for the month of May, 1968 of the Building Inspector showing fees collected for building permits issued $2,181.00; of the Electrical Inspector showing fees collected for electrical permits'issued $531.75; of the Plubming Inspector showing fees collected for plumbing permits issued $1,761.00;- of 'the Heariiig Inspector showing fees collected for heating permits issued $1,250.00 and fees collected for sign permits $123.U7 were presented and President DeVries ordered the same placed on file. A motion was made by Larson, second by Folkert, and passed unanimously that the monthly bills in the amount of $538,598.05, list -of which is attachedhereto, be approved and ordered paid. A letter from the'Commissioner of Aeronautics introducing a program of runway and taxiway markings to assist municipalities in 'improving their airports was read and upon motion by Folkert, second by Postier, and'all,voting in favor, the letter was referred to the Rochester Airport Commission. A motion was made by Folkert, second by Postier, and all voting in favor that the following twenty four resolutions be adopted in block. A motion was then made by Ellison, second by Folkert, that the. said resolutions be adopted as read; all voted in favor: Resolution approving plans and specifications for improvement of T. H. No. 59 renumbered as T. H. No. 63 within the limits of the City of Rochester, Minnesota, 0.1 Mi. N. of Jct. T. H. 14 to 2.0 Mi. N of Jct. T. H. 14. Resolution approving plans and special provisions for the improvement of T. H. No. 20 renumbered as T. H. No. 52 within the limits of the City, 0.76mi N of 19th St. N.W. to 0.3 mi. S of 19th St. N. WA' Resolution authorizing Mayor and City Clerk to execute agreement No. 55805 with Department of Highways to provide payment to the State of part of the cost of ramp and frontage road construction and installation of a traffic control signal at the intersection of T. H. 52 and 19th Street within the corporate city..., Resolution authorizing Mayor and City Clerk to execute agreement No. 55809 with Department of Highways to provide for payment by the City to the State of part of the cost of improvement to be made by the State on T. H. 63 in accordance with plans therefor designated as State Project No. 5510'-31. Resolution adopting assessment for deferred assessment on account of construction of storm sewer and water main in Sierra Lane in Peck's Hills 2nd Addition. Resolution adopting assessment for grading and surfacing the west half of Sierra Lane abutting Block 2 of Peck's Hills 2nd Subdivision. Resolution authorizing Public Utility Board to enter into contract with Crescent Electric Supply Company for 3 Pad Mounted Transformers. Resolution authorizing Public Utility Board to enter into contract with Crescent Electric Supply Company for One Load Break Switch. Resolution accepting plat to be known and designated as Valleyhigh Second 1 1 Subdivision. Record of Official Proceedings of the Comanon Council of the City of Rochester, Minn., June 17, 1968 1 L L 1 L_j 1 Resolution approving and accepting in liey of a depository bond a receipt for $400,000 U. S. Treasury Notes as substituted security from Rochester_ State Bank of Rochester. Resolution approving and accepting substituted collateral of $100,000 U. S. Tress. Bonds in lieu of a depository bond at Olmsted County Bank & Trust Company. Resolution approving plans and specifications and ordering bids for concrete curb and gutter on the east side of 19th Avenue N. W. from 38th Street N. W. to the north line of Lot 1 of Resubdivision No. 2 of West Part of Block 1 of Silver Acres Subdivision. Resolution referring proposed improvement for feasibility report and recommends- tion for sanitary sewer extension on the east side of llth Avenue S. E. abutting the Church of Resurrection Subdivision and water main extensions from 16th to 16'k Street Southeast. Resolution receiving preliminary -report, ordering a public hearing and directing preparation of plans and specifications for sanitary sewer extension on,the east side of llth Avenue S. E. abutting Church of the Resurrection Subdivision and water main extensions from 16th Street to 16k Street S. E. Resolution accepting bid of Alpek Sheet Metal & Roofing Company for furnishing and installaing air conditioning at the Public Health Center. Resolution accepting bid of Doyle Conner Company for concrete work at Fire Station No. 1. Resolution accepting bid of Phil Ryan Cement Contractor for sidewalk approaches to Mayo High School - Part 1-1968. Resolution accepting bid of Phil Ryan Cement Contractor for sidewalk approaches to Mayo High School - Part 2-1968. Resolution accepting bid of E. J. Vonch Concrete Company for sidewalk approaches to Sunset Terrace School - Part 1-1968. Resolution accepting bid of E. J. Vonch Concrete Company for sidewalk approaches to Sunset Terrace School - Part 2-1968. Resolution accepting bid of Doyle Conner Company for sidewalk approaches to Winston Churchill School - Part 2-1968. School. Resolution accepting bid of B. DeWitz for sidewalk approaches to the Robert Gage An Ordinance annexing to the City of Rochester, Minnesota certain unplatted land not exceeding two hundred acres in area, all being in the Southwest Quarter of Section Six, Township One Hundred Six, Range Thirteen, Olmsted County, Minnesota (Junior College Apartment Site), was given its first reading. Upon motion by Ellison, second by Postier, and upon roll call and all 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 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 Larson, that the said ordinance be adopted as read and all voting in f avbr, President DeVries declared the said ordinance duly passed and adopted L� Record of Official Proceedings of the Common Council of the City of Rochester, Minn., June 17, 1968 • -CD-78920 A resolution authorizing and directing the Mayor and City Clerk to execute on I� behalf of the City of Rochester the dedication with the County of Olmsted relative to the permanent easement for public street purposes in Section 23-107-14. Upon motion by Day, second by Larson, and all voting in favor, resolution adopted. A resolution requesting the Commissioner of Highways, State of Minnesota to make a traff is study and analysis at (1) the intersection of 2nd Street S. W. and the east and west frontage roads along T. H. 52 and (2) the intersection of 4th Street Southeast (State Highway No. 296) and 13th Avenue Southeast. Upon motion by Folkert, second by Postier, and all voting in favor, resolution adopted. A resolution authorizing and directing the Mayor and City Clerk to execute on behalf of the City of Rochester the contract with K & S Construction Company, Inc. and Littrup Nielson, Inc. relative construction of local improvements in Indian Heights Second Subdivision. Upon motion by'Ellison, second by Larson, and all voting in favor, resolution adopted. A resolution establishing a pedestrian crosswalk across 5th Avenue Southwest between 4th Street and 5th Street Southwest directly opposite the entrance to the Methodist Church, on Sundays and other occasions when pedestrian congestion requires. Upon motion by Ellison, second by Folkert, and all voting in favor, resolution adopted. A resolution amending the resolution establishing parking, truck loading, passenger loading and parking meter regulations and provisions, primary streets and one-way streets and alleys, as follows: (1) Section B, No Parking Zones, Streets, is hereby amended by adding thereto Paragraph (88.5) to read in its entirety as follows: (88.5) Fifth Avenue Southwest on the west side of the street from Fourth Street Southwest south to the east -west alley between Fourth Street and Fif th.Street Southwest between the hours of 8:00 a.m. and 1:00 p.m. on Sundays only. Upon motion by Folkert, second by Ellison, and all voting in favor, resolution adopted. A resolution ordering a public hearing and directing preparation of plans and specifications for water tower and trunk line for Low District of Southwest Service Area. �a Upon motion by Ellison, second by Folkert, and all voting in favor, resolution adopted. An Ordinance amending Chapter 122 entitled "Milk Products" of the "Rochester Code of Ordinances", was given its first reading. Upon motion by Perry', second by Ellison, and upon roll call and all voting in favor, the rules were suspended and the ordinance was given its .second reading. An Ordinance amending an Ordinance entitled, "An Ordinance for the purpose of promoting health, safety, order, convenience and general welfare, by regulating the use of land, the location, size, use and height of buildings and the arrangement of buildings on lots and the density of population within this City of Rochester, Minnesota, all in accordance with a comprehensive plan (part of NW'k NWk of Sec 23-107-14 to R-3 Multi -Family Residence District - Medium Density - Walth Property) was given its first reading. 1 Is 1 1 1 -77 Record of Official Proceedings of the— .Conimon Council _� of the City of Rochester, Minn., June 17, 1968 An Ordinance amending an ordinance entitled, "An Ordinance for the purpose of pro;; moting health, safety, order, convenience and general welfare by regulating the use of land, the location, size, use and height of buildings, and the arrangement of buildings on lots, and the density of population within this City of Rochester, Minnesota, all in accordance with a comprehensive plan (changing Blocks 1 and 2, Meadow Park 6th Subdivision to R-3 Multi -Family Residence District-- Medium Density and Outlot "A" Meadow Park 6th Subdivision to B-lb Neighborhood Business District), was given its first reading. A resolution that the Common Council obligates the City of Rochester to pay to t Rochester School District, on demand the entire cost of grading Valhalla Park which has been bid at $8,445.00. Upon motion by Postier, second by Day, and all voting in favor, resolution adopted. A resolution approving the plan for the Apache Mall Shopping Center dated April 1968 and filed with the Planning Department of the City of Rochester on May 3, 1968 and granting a variance to the owners of Apache Mall Shopping Center that the allowable ground area occupied by buildings should be and is increased to 25.07% and a variance to this extent is made in the provisions of Paragraph 47.022 of the Zoning Ordinance dnd granted to the owners. Upon motion by Ellison, second by Folkert, and all voting in favor, resolution adopted. Alderman Larson brought up the matter of the residency requirement in the City policy for employees of the City, he said they had a chancel to hire a good Assistant Building Inspector but he tllved in Byron and did not want to move to Rochester. Alderman Day thought the City Had been pretty stiff on this requirement and in talking to the Chief "of Police he found they were 15 men short and one of the big drawbacks in recruiting was the residency clause and thought it should be studied. Alderman Folkert said the Personnel Advisory Committee had studied this point quite thoroughly last year but did not include it in the recommended changes to the policy but had changed his mind since then, he said as far as the Veterans Preference was concerned, the League is taking a stand on this and this law will be changed. A motion was then made by.Larson, second by Perry, that this matter be referred to the Personnel Advisory Committee for further study and recommendation; all voted in favor. Alderman Larson, Chairman of the Public Works Committee, said the matter of hiri an engineer to make a feasibility report on the flood potential in the Apache Mall area had been referred at the last meeting and wondered if the Committee should just go ahead and hire an engineer to assemble data or just how far were they to go on the feasibility study. Aldermar Day said the last time when we. --.-were taldng about the feasibility study and I think it is O.K. to do it but I think we should keep in mind that we are justified and we want them to do what they said they would do and'this was apparently approved by everyone and included in the minutes, that this plan was approved by the Corps of Engineers and it is still my contention that they should fulfill this or prove to us otherwise; I would like to think that the man._' we hire is going along with the line that he thinks it should be done and if we go along these lines then I think we should hire a man for the feasibility study; I think we talked about it 0 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., June 17, 1968 • CD=79920 _--.___.--- ---- -_- __-.-_ _____ _-_-_ - _ ____ __ __- _ - - - -_ - ---- __ _____ _ __ -____ _- __- costing $3,000-$5,000 and was hoping that the Public Works Committee would approach it on the basis that the facts are there, they said what they were going to do and we intend to go that route unless.1,we are advised otherwise by our expert; I am dubious about having C. A. Armstrong, City Engineer, hire him because he is taking a different position; the Corps of Engineers approve it then and if they did not approve it they should have said so at that time; as far as I am concerned we should be approaching this that we are going to have Apache do what they said unless our man says it is not necessary. Alderman Perry - the objective would be to get the job done, maybe there is a hesitancy on our part, but that would be when they have already told us that they are going to do it and now we have to come back and prove that we are going to do this. Alderman Folkert - said he disagreed on one point of putting the burden of proof on them, they said it would make a difference as far as flooding was concerned and if they came back and told us that there was no change we would still have to have our own study made; he said he could already tell what the study would show, so although he to hates to spend this money, he thinks in the long run we will have to get our own.hydraulic engineer and thinks the Bonner we get it the better off we will be. Alderman Day said he did not think we should spend one dollar of taxpayers money to prove our point unless we have to, the last thing we want to do is to stop them or banner them, we want Apache but also want to make sure that they do what they said they would and if not the City should consider taking them to court and asked the City Attorney his opinion on this. R. V. Ehrick, City Attorney said he would like to visit with the Council before giving an opinion. No action was taken pending discussion with the City Attorney. Upon motion by Perry, second by Folkert, and all voting in favor, the meeting was adjourned. City Clerk 1