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HomeMy WebLinkAbout07-01-1968Record of Official Proceedings of the Common Council • of the City of Rochester, Minn.,, Ju I 1 , 196R i. Minutes of a regular meeting of the Common Council of the City of Rochester, Minnesota, held in the Council Chambers in the City Hall, in said City on July 1, 1968. President DeVries called the meeting tb order at 2:00 o'clock P.' M., the following members being present: President DeVries', Aldermen Ellison, Folkert, Perry, Postier; Alderman Larson arrived at 2:25 P. M. Absent: Alderman Day. Upon motion by-Postier, second by Ellison, and all present voting in favor, the minutes of the meetings of June 7th and June 17th, 1968 were approved. The Mayor's reappointment of Mr. Robert W. Hurrle of 410 Sixth Avenue Southwest; Mr. Harry H. Evans of 931 Eighth Avenue Southwest and Mrs. F. F. Borg of 900 18th Avenue Northeast as members of the Library Board, term of office to be for three years and expire the third Saturday in July,.1971, were read. Upon motion .by Folkert, second by Postier, and all present voting in favor,'the appointments were confirmed. A letter signed by Larry McCaleb stating that the developers of Rocky Creek Mobile Home Park were most anxious "to expedite the development and requesting that the City of Rochester construct the local improvements on that portion of Rocky Creek Drive as shown and further request that the cost of this improvement be assessed against the benefited property owners, was read. 'Upon motion by Perry, second by Postier, and all present voting in favor, the letter was referred to the Public Works Committee. A letter from the Personnel Advisory Committee recommending that the request of Mr. Toni Moore to put Diane Rausch on full time basis in the Planning Department until November, 1968 be agreed to, was read. Upon motion by Postier, second by Ellison, and all present voting in'favor, the recommendation was approved. A letter from the Rochester Home Builders Association thanking the Common Council, the Public Works Committee and the Inspection Department for the time given them for further study, understanding and interpretation of the uniform building code, after a thorough study, they now acknowledge the value of a uniform building code and recommend its adoption, was read. President DeVries ordered the letter placed on file. A letter fromViktor 0. Wilson, M.D. Health Officer, requesting approval of the appointment of Mrs. Jack (shirley) Irwin of 1852 16k Street N. W. as a staff public health present nurse, was read. Upon motion by Perry, second by Postier, and all/voting in favor, the appointment was approved. A letter from David Senjem, Chairman of the 1968 Rochester Soap Box Derby, requesting permission to use 19'th Street N. W. extending from the west frontage road to 21st Avenue N.W. as their `soap box derby side was read. Upon motion by Ellison, second by Postier, I and all present voting in favor, the request was approved and permission granted. A letter from the Rochester Olmsted County Safety Council requesting that the Council continue their contribution of $500.00 so their Council may continue to carry on their i many safety programs, was read and upon motion by Folkert, second by Ellison, and all voting in u favor, the letter was referred to the Finance Committee. ,i I; II� P7620 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., July 1, 1968 • A letter from Rochester Olmsted County Safety Council requesting permission to put up a banner "Bring "em Back Alive" on 2nd Street S.W. from Woolworths corner to Daytons corner from July 2nd until July 8th, 1968 was read. Upon motion by Postier, second by Ellison, and all present voting in favor, the request was granted. A letter signed by Gordon V. Tiede, LTC Inf. Minn Arng Commanding, stating that the Minnesota Drivers Examination Station located in the Armory is moving to the State Highway Building and requesting that the parking area from Broadway to the alley west of the Armory be.designated as parking for military vehicles only and the area from the alley to 1st Avenue N. W. be metered, was read. Upon motion by Folkert, second by Ellison, and all present voting in favor, the letter was referred to the Public Safety Committee. A letter signed by Dale Carpenter of 2028 Valley Hi Drive requesting a variance on the zoning code for construction of a garage on his property was read. Tpon motion by Postier, second by Ellison, and all present voting in favor, the letter was referred to the Planning & Zoning Commission and the Planning Director was requested to get it on the proper form. A notice from the Public Service Commission that a hearing in the matter of the petition of the City Council of the City of Rochester for authority to establish and maintain a public highway railroad grade crossing at the point where 15th Avenue N.E. when extended I� j crosses the right of way and tracks of the Chicago and North Western Railway Company will be held in the Council Chambers, City Hall, Rochester, Minnesota on Thursday, August 1, 1968 �Iat 10:30 o.'clock A. M., was read and President DeVries ordered the same placed on file. A letter from Roy Watson with reference to Urban Renewal in the June 15th Rochester j Post Bulletin was read and President DeVries ordered the same placed on file. A letter from the Rochester Airport Commission recommending that the Common Council approve the periodic estimate in the amount of $52,806.60 to the Rochester Sand and Gravel, Inc. and $9,740.65 to McGhie & Betts, Inc. for FAAP 9-21-079-C810 now in process at the Rochester ,Airport was read. Upon motion by Ellison, second by Folkert, and all present voting in favor, the recommendation was accepted and the Mayor.was authorized to sign the documents. A resolution adopted by the Public Utility Board requesting permission to enter into contract with Keys Well Drilling Company for furnishing a deep well turbine pump and motor, jthe amount of the contract being $8,967..00 and a resolution requesting permissionto enter Tinto contract with Floyd Larson Construction Company for construction of Pump House Number 24 in the amount of $14,845.00, were each read and upon motion by Postier, second by Folkert, land all present voting in favor, the resolutions were approved. A resolution adopted by the Public Utility Board that $275,000.00 be appropriated Ito the Rochester State Bank for the purchase of Federal Intermediate Credit Bank Debentures dated July 1, 1968 and maturing April 1, 1969 and bearing interest at the rate of 6.25 % per annum, said debentures being purchased for Electric Department Depreciation Reserve, was.read Land upon motion by Folkert, second by Postier, and all present voting in favor, the same was j approved. I 1 1 0 Record of Official Proceedings of the Common Council • of the City of Rochester, Minn.; July 1; 1968 1 • 1 0 • 1 The following petitions were each read and upon motion by Ellison, second by Perry, and all present voting in favor, the petitions were referred to the Planning & Zoning Commission (1) petition of Mrs. Inex Schaefer for. change of zoning on part of Lots 12 and 13, Block 1, Knollwood Acres to B-3 zone (2) application for approval of conditional use for a duples on Lot 37, Block 5, Rolling Greens Addition and (3) petition•of•Builders Land Company to vacate a part of 3rd Avenue N. W. as it abuts Elton Hills East First, Second and Third Additions,etc. Alletter with six signatures, all residing on the south side of 9th Street N.W. between 8th Avenue and 9th Avenue N.W. that they are not in favor of and do not want curb and gutter or sidewalk, was read and upon motion by Postier, second by Ellison, and all present voting in favor, the letter was referred to the Public Works Committee, for recommendation back by August 5th. A letter from the State Department of Conservation requesting a contribution of $900.00 for operating costs of the stream gaging stationZumbroRiver, South Fork near Rochester was read. Upon motion by Ellison, second by Folkert, and all present voting in favor, the letter was referred to the Finance Committee with power to act. The following letter from the MusicBoard was read: "The Honorable Mayor Alex Smekta and Members of the Common Council City Hall Rochester, Minnesota 55901 Gentlemen: On May 24, 1968, the Civic Music Board accepted with deep regret the resig- . nation of Mr. Henry Charles Smith III, a's conductor and director of Rochester symphonies. Mr. Smith is, indeed, a tremendous lossto our community. We wish him well in his new position as Associate Professor of Music at Indiana University. On May 27, 1968, the Civic Music Board accepted the appointment of Mr. Thomas Lewis of Roswell, New Mexico. Mr. Lewis is highly qualified for the position, having served as conductor and director of the Roswell Symphony the past five years. His training, experience and general qualifications for the position are most outstanding and his complete dossier is on file in the Music Office. The services of Mr. Lewis are to begin September 1, 1968, at a starting salary of $810. per month. It is the request of the Board that you approve the -appointment of Mr. Thomas Lewis. It is also requested that this position be classified as full-time as soon as possible, with a salary commensurate with such a position. Sincerely yours, /s Ewald E. Koepsell Chairman of the Music Board" Upon motion by Postier, second by Folkert, and all present voting in favor, the appointment was approved and the matter of making this position.a full-time position was referred to the Personnel Advisory Committee for study and recommendation. The City Engineers preliminary estimatesin the amount of $197,445.10 for grading and surfacing, storm sewer and water main on 3rd Avenue Northwest and West River Road from 600 feet south of 19th St.-N.W. to the north line of Valhalla 4th Subdivision; in the amount of $13,848.30 -for sidewalk approaches to Kellogg and Jefferson Schools-1968; and in the amount of $1,426.30 for curb and gutter on 13th Avenue and 20th Street N. W., Lots 5.,6, 7 and 8, Block 26, Elton Hills 6th Subdivision were each .presented and President DeVries ordered the same placed on file. 0 D-78920 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., July 1, 1968 A letter from Ewald Koepsell, President of Our Saviors Lutheran Church requesting permission to install two direction church signs (1) one on the boulevard near the II transformer located at 7th Street and llth Avenue N.E. the sign to face toward the west to Ij7th Street and (2) one on the boulevard near the telephone booth now located at the inter- section of Hwy 63 N and 14th St. N.E. the sign to face south toward Hwy 63, Silver Lake Shopping Center area, was read and upon motion by Ellison, second by Postier, and all present voting in favor-, the letter was referred to the Planning & Zoning Commission. A letter from Toltz, King, Duvall, Anderson and.Associates, Inc. advising the City to withhold the making of payment #16 in the amount of $79,612.51 for the Sewage Treatment Plant Expansion until after the matter of the leaking pipes is settled, was read. �I Also a letter from Young Construction Company, the contractor, requesting that this payment be made in accordance with the terms of the contract and citing sections to substantiate their request was read. Upon motion by Postier, second by Ellison, and all present voting in favor, the letters were referred to the Public Works Committee. Mayor Smekta recommended that a study be made whereby the City of Rochester would withhold a certain percentage of contracts forconstruction of buildings, utilities, etc.; he said a number of times the City Has had problems and maybe if more of the contract price had been withheld the problem could have been solved. Upon motion by Larson, second by Postier, and all present voting in favor, the matter was referred for study and recommendation to the Public Works Committee and City Attorney. The recommendation of the Planning & Zoning Commission that a'conditional use be granted on Lot 1, Block 5, Elton Hills East Third Subdivision for a public water supply pump house, was read. A motion was made by Folkert,' second by Ellison, that the recommendation be accepted and a hearing be set for 7:30 P. M. on July 15, 1968; all present voted in favor. Upon motion by Larson, second by Ellison, and all present voting in favor, that a recess be declared at 3:10 P. M. The meeting was, called to order again at 3:40 P. M. with all members being present except Alderman Day. The recommendation of the Planning & Zoning Commission that the preliminary plat of Bel Air Second Subdivision be granted approval subject to (1) the two stub streets, labelled as future streets, be included within the plat boundaries and (2) Lot 2, Block 5, should be enlarged to provide a larger and more useable buildable area, was read. Upon motion by Postier, second by Ellison, and all present voting in favor, the recommendation was accgted. The recommendation of the Planning & Zoning Commission stating that they had reviewed the petition to vacate the north -south alley located in Block 15, Cummings Addition (between 7th Avenue and 8th Avenue N.W. from 3rd to 4th Street N.W.) and find that this alley was originallay platted as a part of Cummings Addition but has never been improved or opende to vehicular traffic, the alley dead ends on the north at Cascade Creek and is presently being used as a lawn area for the adjoining residences, they find there is not a need to retain j� this alley right-of-way for public use either now or in the`future and therefore recommend i� �I 1 1 • 1 0 Record of Official Proceedings of the Common ,Council • of the City of Rochester, Minn., y 1, 196R 1 0 1 1 • 1 that this alley be vacated, was read. Upon motion by Postier, second by Ellison, and all presents voting in favor, the recommendation was accepted and the City Attorney instructed to prepare a resolution ordering a hearing on the said vacation. The recommendation of the Planning & Zoning Commission stating that they had reviewed the petition to vacate the 10 ft. utility easement located between Lots 1 and 2, Block 1, Folwell Heights Fourth Subdivision and fund that the various utility companies have no need for this easement and therefore recommend that it be vacated, was read. Upon motion by Folkert, second by Postier, and all present voting in favor, yhe recommendation was accepted and the City Attorney instructed to prepare a resolution ordering a hearing on•the said vacation. The recommendation of the Planning & Zoning Commission stating that they had reviewed the application for a conditional use on Lot 37, Block 5, Bolling Greens Addition to permit a two-family dwelling in the R-1 District and find that this lot is located on a primary thoroughfa so designated on the Official Thoroughfare Plan and as such complies with the privisions of Paragraph 21.012(c) of Ordinance No. 1296 and therefore recommend that this application to to construct a two-family dwelling on this lot be approved, was read. Upon motion by Ellison, second by Larson, and all present voting in favor, the recommendation was accepted and a hearing was set for 7:30 P. M. on July 15, 1968. The recommendation of the Public Safety Committee that the request of the Kahler Hotel for two additional 21 minute meters on the west side of Rirst Avenue Southwest between First Street and Center Street, be approved and that they be located at the parking space nearest Center Street and a parking space adjacent to the existing passenger loading zone in that block adjacent to the entrance to Heritage Hall, was read and upon motion by Ellison, 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 due to reassignment of parking space for certain city officials and city employees, the Public Safety Committee recommends that two parking spaces assigned to the Inspection Department on the north side of Third Street S. W. adjacent to City Hall -be eliminated and=12 minute parking meters be installed in their place and, in addition, that the four parking spaces assigned to the Police Department on the north side of Third Street Southwest, just west of Broadway be -eliminated and 1 hour parking meters be installed in their place, was read. Upon motion by Ellison, second by Larson, 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 Works Committee that bids received on sidewalks approaches to Winston Churchill School - Part 1­1968 be rejected and this project be abandoned for 1968, was read; the' committee is considering initiating a project for sidewalk on both sides of Northern Heights Drive N. E. from Broadway to 9th Avenue N.E. for construction in 1968, Upon motion by Larson, second by Ellison, and all present voting in favor, the recommendation was approved. r6,;.;4Record of Official Proceedings of the Common Council of the City of Rochester, Minn., July 1, 1968 • The recommendation of the Public Works Committee that they have considered Volume I, f� I 1967 Uniform Building Code and Amendments thereto and recommends the adoption of the proposed ,I !I lcode as amended, was read and upon motion by Larson, -second by Ellison, and all present voting in favor, the recommendation was accepted. �� II The recommendation of the Public Works Committee that Richard J. Swenke be promoted to Engineering Aide II, Step A, Grade 6, effective July 1, 1968 having completed the required - training and experience and meeting the qualifications of -this classification, was read and i! I� upon motion by Ellison, second by Folkert, and all present voting in favor, the recommendation was accepted and the promotion approved. The recommendation of the Public Works Committee that a local improvement project without petition be initiated for extension of sanitary sewer and water main on the south from center of 19th Avenue S.W. side of 2nd Street S. W. to a point 60 feet west, was read and upon motion by Larson, second by Perry, and all present voting in favor, the recommendation was approved. The feasibility report of the City Engineer that extension of sanitary sewer and water main on the south side of 2nd Street S. W. from center of 19th Avenue S.W. to a point 60 feet west is feasible and recommend its construction, the estimated costs are $950.00, was read together with the recommendation of the Public Works Committee that the above project be constructed with the costs to beassessed to (the east 30 feet of) Lot 1, Block 2, Highland Addition. Upon motion by Perry, second by Folkert, and all present voting in favor, the recommendation was approved. The feasibility report of the City Engineer stating that a resolution proposing concrete sidewalk on the north and east side of llth Avenue N.W. from 16th Avenue N.W. to 19th Street N.W. and on the east side of T. H. 52 frontage road from 16th St. N.W. to a point 200 feet north of 16th Street N. W. had been referred to his office, they report that the improvement is feasible and recommend its construction, the estimated costs are $3,690.00 was read together with the recommendation of the Public Works Committee recommending this construction with the costs to be assessed to the benefitted property. Upon motion by Perry, second by Larson, and all present voting in favor, the recommendation was approved. The feasibility report of the City Engineer stating that a petition requesting sidewalk on the south side of 16'k Street N.W. from 19th Avenue to 21st Avenue N. W. has been examined and found to be signed by 10 of 14 owners of records, representing 71.249% of frontage of property affected, they recommend that the improvement is feasible and recommend its construction, estimated costs are $2,400.00 was read together.with the recommendation of the Public Works Committee that the above project be constructed with tte costs to be assessed to the abutting property. Upon motion by Folkert, second by Larson, and all present voting in favor, the recommendation was approved. The feasibility report of the City Engineer stating that a petition requesting sidewalk on the east side of llth Avenue N. W. between Elton Hills Drive and Cascade Street has been examined and checked and found to be signed by 10 of the 26 owners of record was read together with the recommendation of the Public Works Committee recommending that this project be abandoned at this time, because of the low percentage of owners signing. Upon 0 1 1 • 1 Record of Official Proceedings of the Common Council ''' of the City of Rochester, Minn., July 1, 1968 1 40 1 1 u 1 motion by Ellison, second by Perry, and all present voting in favor, the recommendation was approved , .The feasibility report of the City. Engineer stating that two petitions requesting concrete curb and gutter and sidewalk on both sides of 3rd Place N. W. from 36th Avenue N.W. to 3rd Street-N. W. have been examined and checked and found to be signed by 14 of the 39 owners of record was read together with the recommendation of the Public Works Committee recommending that this project be abandoned, at this time, because of the low percentage of owners signing. Upon motion by Ellison, second by Larson., and all present voting in favor, the recommendation was approved. The recommendation of the Public Works Committee that the bid of Rochester ,Sand & Grave] Company for grading and surfacing, storm sewer and water main in 3rd Avenue N.W. and West Rivera Road from 600 feet South of 19th Street N. W. to the North line of Valhalla 4th Subdivision " in the amount of $177,770.43 be accepted at the unit prices bid and checks be returned to the unsuccessful bidders, was read and upon motion by Larson, second by Perry, and all present voting in favor, the recommendation was approved. - The recommendation of the Public Works Committee regarding of acceptance of b.ids.for sidewalk approaches to Kellogg and Jefferson Schools - 1968 was read and upon motion by Larson, second by Ellison, and all present voting in,favor, the recommendation was tabled until the meeting of .July 15, 1968 and referred back to the Public Works Committee for further study. The recommendation of the Public Works Committee that the bid of C. M. Boutelle & Sons for construction of curb and gutter on 13th Avenue and 20th Street N. W., Lots 5,6,7 and 8, B1 26, Elton Hills 6th Subdivision.in the amount'of $1,681.60 be.accepted at the unit prices bid and checks be returned to the unsuccessful bidders, was read and upon motion by Larson, second by Ellison, and all present voting in favor, the recommendation was approved. The recommendation of the Public Safety Committee that the bid of Northland Constructor: Inc. for resurfacing of tennis courts at Kutzky Park in the amount of $5,840.00 be accepted was read and upon motion by Postier, second by Ellison, and all present voting in favor, the recommendation was approved. The recommendation of the Public Works Committee that Prepakt Concrete Co. of 3406 East 39th Street, Minneapolis, Minnesota be engaged for soil stabilization work in connection with the construction of the East Center Street Bridge as outlined in their contract.proposal of June 7, 1968 and -that an emergency order for this work be issued by the Mayor if such is deemed necessary, was read. C. A. Armstrong, City Engineer, stated the estimated cost of this work would be $4,200-6,000., Upon motion by Larson, second by Ellison,.and all present voting in favor, the recommendation was approved. The recommendation of .the Finance Committee stating that they had studied the proposed acquisition of the,Graham property located on Third Avenue Southeast and have been negotiating with the interested parties and it is the recommendation of the Committee that the City cease all interest in.the purchase of this.property, the recommendation is based on -the amount of 0 F76 26 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., July 1, 1968 - -- -- -- -- - ---- - - - - ------ - -- - CD-78920 financial investment required in relation to the immediately available resources and to �I total community needs, was read. Upon motion by Postier, second by Folkert, and all present voting in favor, except Alderman Perry who voted "nay", the recommendation was approved. The recommendation,of the Public Works Committee that the position of senior building inspector be created and that the salary for the remainder of 1968 be set at,$7,54.00 per I� month for 100% pay, was read. Upon motion by Larson, second by Folkert, and all present i voting in favor, the recommendation was referred to the Personnel Advisory Committee. The application of Philip J. Maass.for Journeyman Plumber's license was read and �I upon motion by Ellison, second by Folkert, and all present voting in favor, the license was granted. The applications of Holidy Texaco, North Broadway Texaco, Superamerica (2) and I Maid Rite Cafe for license to sell cigarettes were, each read and upon motion by Ellison, second by Folkert, and all present voting in favor, the licenses were granted. I The contract bonds of Jones Chemicals, Inc. in the amount of $4,176.00 with Insurance Company of North America as surety; E. J. Vonch Concrete Company (2) in the amounts 11 of $9,759.50 and $8,781.80 with Allied Mutual Insurance Company as surety; Phil Ryan Concrete Company (2) in the amounts of $4,331.10 and $8,745.45 with Allied Mutual Insurance Company as surety; and Bob DeWitz (2) in the amounts.of $2,278.62 and $5,103.45 with Auto Owners Insurance Company as surety, were each read and upon motion by Perry, second by Ellison, and all present voting in favor, the bonds were referred to the Mayor for approval. �! I A motion was made by Larson, second byPostier, and passed unanimously by all j present, that the semi-monthly bills in the amount of $268,714.92 be approved and payment I ordered made. f li The following resolutions were each introduced and read and upon motion made and seconded and all present voting in favor, President DeVries declared the said resolutions i� I' �I duly passed and adopted: I Resolution ordering a hearing on the vacation of utility easement abutting Lots 1 f and 2, Block 1, Folwell Heights Fourth Subdivision. Upon motion by. Perry, second by Larson, ,I ,resolution adopted. �i • Resolution ordering a hearing on the vacation of the north -south alley located in 'f Block 15, Cummings Addition. Upon motion by Larson, second by Perry, resolution adopted. I Resolution authorizing Public Utility Board to approrpriate $275,000.00 to Rochester State Bank for purchase of Federal Intermediate Credit, Bank Debentures for the ! Electric Department Depreciation Reserve. Upon motion by Perry, second by Larson, resolution �i adopted. �I Resolution authorizing Public Utility Board to enter into contract with Keys Well 11 Drilling Company for deep well turbine pump and motor. Upon motion by Larson, second by I! Perry, resolution adopted. I I Resolution authorizing Public Utility Board to enter into contract with Floyd Larson Construction Company for construction of pump house No. 24. Upon motion by Perry, I' I' E Record of Official Proceedings of the Common Council of the City of Rochester, Minn., July 1; =1968 6 4.�,d 41 1 1 u second by Larson, resolution adopted-. Resolution approving plans and specifications and ordering bids for street grading and surfacing, sanitary sewer, water main, storm sewer and service connections stubbed into the boulevard in Kellogg Hills Subdivision. Upon motion by Postier, second by Ellison, resolution adopted. Resolution accepting bid of C. M. Boutelle & Sons for curb and gutter on 13th Avenue and.20th Street N. W., Lots 5,6,7,8, Block 26, Elton Hills 6th Subdividon. Upon motion by Larson, second by Postier, resolution adopted. Resolution accepting bid of Rochester Sand & Gravel Company for grading and surfacing, storm sewer and water main on 3rd Avenue N. W. and west river road from 600 feet south of 19th Street N.W. to north line of Valhalla 4th Subdivision. Upon motion by Ellison, second by Larsor resolution adopted. Resolution referreding proposed improvement for feasibility report and recommendation for extension of sanitary sewer and water main on the south side of 2nd Street S.W. from the center of 19th Avenue S. W. to a point 60 feet west-. Upon motion by Larson, second by Ellison, resolution adopted. Resolution receiving preliminary report, ordering a public hearing and directing preparation of plans and specifications for extension of sanitary sewer and. water main on the south side of 2nd Street S.W. from center of 19th Avenue S.W. to a point 60 feet west. Upon motion by Ellison, second by Larson, resolution adopted. Resolution receiving preliminary report, ordering a public hearing and directing preparation of plans and specifications for sidewalk on the south side of 16k Street N. W. from 19th Avenue to 21st Avenue N.W: Upon motion by Larson, second by Ellison, resolution adopted. Resolution receiving preliminary report, -ordering a public hearing and directing preparation of plans and specifications for sidewalk on the north and east side of llth Avenue N. W. from 16th Avenue N. W. to 19th Street N. W. and onrthe east side of T. h. 52 frontage road from 16th Street N. W. to a point 200 feet north of 16th Street N. W. Upon motion by Ellison, second by Larson, resolution adopted. Resolution accepting bid of Northland Constructors Inc. for resurfacing of tennis court at Kutzky Park. Upon motion by Larson, second by Ellison, resolution adopted. Resolution referring improvement petition for determination of adequacy, feasibility report and recommendation for curb and gutter on 9th Street N.W. between 8th and •9th Avenue N. W. Upon motion by Ellison, second by Larson, resolution adopted. The feasibility report for the Southwest Low Level Service (Apache Area) as submitted by McGhie & Betts, Inc. was presented and upon motion by Larson, second by Ellison, and all present voting in favor, the same was accepted and ordered placed on file. An Ordinance establishing a Permanent Committee on Beautification of the City of Rochester, Minnesota, was given its third and final reading. An Ordinance fixing the salaries of the Mayor and Aldermen of the City of.Rochester, Minnesota (Mayor $4,800.00 per year; Alderman at Large $3,600.00 per year and Aldermen each Record of Official Proceedings of the Common Council of the City of Rochester, Minn., Ju 1 y 1, 1968 • -- - - - - CD-79920 $3,000.00 per year) was given its third and final reading. A motion.was then made by Perry,.'second by Ellison, 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 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 hbight 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 l and-w, 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 second reading. upon motion by Ellison, second by Folkert, and upon roll .call and all present voting in favor, the rules were suspended and the ordinance was given its third and final reading. A motion was then made by Folkert, second by Perry, and all -,present voting in favor, that the ordinance be adopted as read and all present voting in favor, President DeVries declared the said ordinance duly passed and adopted,. 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 (,changing part of.NW'k NW'k of Section 237107-14 - Walth Property to R-3 Multi Family Residence District --Medium Density) was given its second reading. Upon motion by Larson, second by Folkert, and all present voting in -favor, the meeting was adjourned until 7:30 o'clock P. M. President DeVries called the meeting to order at 7:30 o'clock P. M., the following members being present: President DeVries, Aldermen Day, Ellison, Folkert, Larson, Perry,. Postier. Absent: None,. President DeVries stated this as being the. time and place set for hearings on the following projects: Hearing on proposed change of zoning on the north 48 feet of the south 98 feet of Block 70 Original Plat but reserving ten feet of the west end for alley purposes (509- 4th Avenue N.W.) from the R-2 District to the M-1 District. There.was no one present wishing to be heard. President DeVries declared the hearing officially closed. A motion was then made by Postier, second by Day, to proceed with the zone change and the City Attorney was instructed to prepare an ordinance making the requested zone change; all voted in favor. Hearing on proposed change of zoning on Outlot "A" of Meadow Park Fifth Subdivision from the R-1 District to the R-3 District. There was no one present wishing to. be heard. President DeVries declared the hearing officially closed.- A motion was then 1 10 1 0 1 I* Record of Official Proceedings of the Common Council • of the City of Rochester, Minn., July 1. - 1968 1 40 1 1 0 1 made by Perry, second by Folkert,to approve the requested zone change and theCity Attorney was instructed to -prepare an ordinance making ,the requested zone change; all voted in. favor. Hearing on proposed change of zoning on Lot 56, North Sunny Slopes From the R-1 District to the R-Sa District. There was.no one present wishing to be heard. President DeVries declared the hearing officially closed. Upon motion by Folkert, second by Ellison, and all voting in favor, the zone change was approved and the City Attorney was instructed to prepare the necessary ordinance making the requested zone change. Hearing on proposed change of zoning districting on part of Lot 19, Section 36-107- 14 (park building at Mayo Field) from the R-4 District to the B-3 District. There was no one present wishing to be heard. President DeVries declared the hearing officially closed. A motion was made .by Alderman Day to approve tte requested zone change and instruct the City Attorney to prepare the necessary ordinance; his motion was lost for want of a second. A motion was then made by Folkert, second by Larson, that the.requested change of zoning be denied and all voting in favor, except Alderman Day who voted "nay", President DeVries declared the motion carried and the zone change denied. Hearing on approval of the final plat of Northern Heights Seventh Subdivision. There was no one present wishing to be heard. President DeVries declared the hearing officially closed. .Upon motion by Day, second by Larson, the City Attorney was instructed to prepare a resolution approving the said plat; all voted in favor. Continued hearing on,approval of the final plat of Rocky Creek First Subdivision. The plat had not been completed in final form, so a motion was made byPerry, second by Postier, to continue the hearing until 7:30 P. M. on July 15, 1968; all voted in favor. Hearing on concrete curb and gutter on the east side of 19th Avenue Nort1west from 38th Street N. W. to the north line of Lot 1 of Resuibdivision No. 2 of west part of Block 1 of Silver Acres Subdivision. Mr. Patrick Malloy of 3808 - 19th Avenue N.W. was present and said this sidewalk would go on the side of his lot as he faces.38th,Street and inquired if it could also be put in frontas he would just as soon have it all done at the same time and go in front of his place. There was no one else present wishing to be heard. President DeVries declared the hearing officially closed. A motion was then made by Ellisor second by Perry, to proceed with the project; all voted in favor (the sidewalk to go: -,on the side ofthe lot and it would be up to Mr. Malloy to put it .in front if he wants it). Hearing on.sidewalk approaches to Kellogg and Jefferson Schools-1968. Mr. High D. Hammond of .948 - 10th Avenue N.E. was presented and stated that he lived on a corner lot and has sidewalk in front of his house;; there is sidewalk across the street that takes care of children going to school, he said if the children were to use the sidewalk proposed by his house they would to go down 1Lth Avenue and go down his side.of the street and cross to Jefferson on the corner where there is no stop sign; he said he was opposed to this sidewalk. Mr. Rudy Benson of 1503.4th Avenue N.`W. said he also lives on the corner and the sidewalk would go along the long .side of his lot and inquired if it would.be,put is Record of Official Proceedings of the Common Council of the City of Rochester, Minn., July 1, 1968 • CD-78920 - - - --- - -- - - -- -- - - _ on the other side of the street next year, he said he was opposted to the sidewalk at this time. Mr. Harry Jones of 1502 9th Avenue N. E. said he was also opposed. Alderman Larson said they hoped ed to have sidewalk on both sides of the street by next year and also stated ' that the Council was considering a policy whereby the City would pay for one-half of the {! sidewalk on corner lots along the long side. Mr. Dean Ekhoff of 1601 - I th Avenue N. E. I' i� stated that in the past they had had problems with drainage on 16th Street and wondered if the general sequence was to put sidewalk in before storm sewer, he also inquired if this could be paid over a period of years and if sidewalk was planned for the other side of the street. President DeVries informed -him that sidewalk and strom sewer were separate projects and did not always follow the same sequence, he said the sidewalk assessments were ususally .made over a period of five to ten years and it was hoped that sidewalk could be put on both sides of the street by next year. Mr. John Quinn of 1006 loth Street N. E. said he was -of the .same opinion as Mr. Hammond, he was opposed to it but was not stubborn and would go along with it if it were put in. Mr. Fred Schnell of 803 15th St. N.E. and Leonard Trygstad of. 1501 9th Avenue N. E. each spoke in opposition.Mr. T. E. Simpson of 401 16th Street N. E. said he was in favor of the sidewalk. Mr. Lyle Loeding of 947 8th Avenue N. E. said he lived.on a dead end street and asked consideration of it being on the long side of his lot, he also suggested that a strong inspection be. made of the concrete, he had tothave a piece of sidewalk replaced which he was due to a poor grade of cement. C. A. Armstrong, City Engineer, stated that .the concrete is checked and samples are taken and it is according to -specifications and there are checks made during construction. There was no one else present wishing to be.heard. President DeVries declared the hearing officially closed. A motion was -made by Perry, second by Larson, that.the decision on this be tabled until the meeting on July 15, 1968; all voted in favor. Continued hearing on.report of Commissioners on condemnation of certain land in Block 6,2,.Original Plat as a site for an electric substation for the Rochester Public Utility Department. Mr. Robert Thompson was present and asked that this be considered further before the final award is approved, he said he did not feel it was a fair award as they had .two private appraisors and both were higher than the award proposed by the City. President j I� DeVries reported that the Public .Board had met with Mr. Gowan and Mr. Thompson on this !� i� matter and it was the decision of the Public Utility Board to go along with the award as j! proposed by the City appraisors. There was no one. else present wishing to be heard. ,President DeVried declared the hearing officially closed. R. V.Ehrick, City Attorney, stated this this was the third continuation of the hearing,. he had met with Mr. Thompson and his Attorney Mr. Gowan and representatives from the Public Utility Department and he thought some terms had been arrived at and at the last meeting of the Public Utility 1, Board they had confirmed the commissioners award; Mr. Ehrick said Mr. Thompson had presented two appraisals, one from Leon Shapiro in the amount of $54,000 and one from Youngquist and Associates in the amount of $45,000 plus, the commissioners award was $30,000.00. Alderman Perry inquired what would happen if the Council approved this award I' i 1 0 1 1 0 1 0 Record of Official Proceedings- of the- Common Council • of the City of Rochester, � Minn., July 1, 1968 1 • 1 1 • 1 and Mr. Thompson did not accept it and Mr.Ehrick informed him that Mr. Thompson could then appeal to District Court at which time a jury would consider market valuation and arrive at an award. Alderman Larson inquired that inasmuch as the appraisors had already made their figures known if the Council could make any changes and Mr. Ehrick informed him that the Charter provides that the Common Council has the authority to confirm or revise the award or discontinue the proceedings but he questioned if anything could be gained by this. Alderman Postier inquired if the offer made by the Public Utility Board was a direct offer; Mr. Ehrick said that it was that $1.50 per square foot had been offered based on 18,000 square feet, this was made on the basis that the Public Utility Department had a quit claim deed to a piece of this property but when the offer was not accepted then they had requested the City to initiate eminent domain proceedings; he said if they were going to consider this further then the hearing should be reopened and continued. A motion was then made by Day, second by Folkert, that the hearing be reopened and continued until 7:30 P. M. on July 15, 1968; all voted in favor. A motion was then made by Perry, second by Ellison, that this be referred to the Finance Committee for further review; all voted in favor. The recommendation of the Public Works Committee that one-half of the cost of sidewalks on corner lots in developed areas of the City be paid from the General Fund, was read and upon motion by Day, second byEllison, and all voting in favor, the recommendation was approved. The recommendation of the Public Works Committee that the position of senior building inspector be created and that the salary for the remainder of 1968 be set at $754.00 per month for 100% pay and that the position of Assistant Building Inspector be abolished was read together with the recommendation of the Personnel Advisory Committee that the above be approved. Upon motion by Day, second by Larson, and all voting in favor, the recommendation was approved. The following resolutions were each introduced and read and upon motion made and seconded and all voting in favor, President DeVries declared the said resolutions duly pass and adopted: Resolution accepting plat to be known and designated as Northern Heights Seventh Subdivision. Upon motion by Perry, second by Folkert, resolution adopted. Resolution authorizing conveyance of west eight feet of Lot 3, Block 1, Rolling Greens Addition Second. Upon motion by Postier, second by Perry, -resolution adopted. Resolution authorizing conveyance of part of Lot 1, Block 1, Folwell Heights Fourth Subdivision. Upon motion by Postier, second by Ellison, resolution adopted. Resolution changing titles of employees in Inspection Department (adding Senior Building Inspector; the inspectors presently in the department be changed to Senior Inspectors and those known as gssistant Inspectors be titled Inspectors; and abolishing the title of Assistant Building Inspector). Upon motion by Larson, second by Day, resolution adopted. 0 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., July 1, 1968 Resolution instituting condemnation proceedings to acquire public right-ofrway for street and roadway purposes and rights of access needed .for the interchange on the east Ii side of existing new Trunk Highway No. 52 right-of-way. Upon motion by Day, second by Postier, resolution adopted. I Resolution authorizing and directing Mayor and City Clerk to execute on behalf i; , of the -City the contract with Metro Development Corporation relative to the construction II of certain local improvements in Valhalla Second Subdivision and Valhalla Fourth 1� Subdivision. Upon motion by Perry, second by Postier, resolution adopted. �i Resolution amending the parking, truck loading, passenger loading, and parking �I meter regulations and provisions, primary streets and one-way streets.alleys as follows: (1) Section B, No Parking Zones, Streets, is hereby amended by adding thereto Paragraph (148.5) to read in its entirety as follows: (148.5) 16th Street Southeast on both sides of.the street between Third Avenue and Fifth Avenue Southeast at all times. Upon motion by Perry, second by Ellison, resolution adopted. An Ordinance regulating.the design, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, quality of materials, height, area, maintenance, occupancy and use of all buildings and structures in the City of Rochester, Minnesota; providing for the issuance of permits and collection of fees therefor; establishing fire zones; providing penalties for violations; and repealing all ordinances and parts of ordinances in conflict herewith, was again presented. A motion was made by Day, second by in the form submitted in writing Perry, that the following amendments to the above ordinance,(be approved; all voted in favor: Section 204 is hereby amended so as to read in its entirety as follows: "Sec. 204. In order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretations of the provisions of this Code, there shall be and is hereby created a Board of Appeals, consisting of five members who are qualified by experience and training to pass upon matters pertaining to building construction. The Building Official shall be an ex officio member and shall act as Secretary of the Board. Members of the Board of Appeals shall be appointed by the Mayor subject to the approval of the Common Council. Each member shall be appointed for a term of two years and until his successor is appointed, except that inititally two members &all be appointed for terms of one year only. No member of the Board of Appeals shall serve more than four consecutibe years, but having been off the Board for a period of at least one year, may be reappointed. Whenever an application is filed to determine the suitability of alternate materials and methods of construction or an application or appeal is filed for interpretation of the provisions of this Code, the Board of Appeals shall meet and hear such application or appeal within three working days after such application or appeal is filed and shall render its decision thereon as soon as practicable. The Board shall adopt reasonable rules and regulations for -conducting its investigations and shall render all decisions and findings in writing to the Building Official with a duplicate copy to the appellant and may recommend to the City Council such new legislation as is consistent therewith." Section 2418 (f) 3. Reinforcement is amended by adding thereto at the end a new paragraph as follows: "3. Reinforcement. Notwithstanding the foregoing provisions, the maximum spacing permitted for principal wall steel reinforcement in masonry walls ten inches (10") and thicker in one and two family residential construction, shall be six feet (6') on center unles's special circumstances otherwise -require." Amend Section 3. Effective Date,', subparagraph (b) as follows: (b) Existing Buildings and Structures. The provisions of this Code shall apply to the enlargement, alteration, repair, replacement, conversion, demolition or moving of any existing building which is commenced on or after the effective date of this Code; to maintenance L 1 1 • 1 0 Record of Official Proceedings- of the Common Council of the City of Rochester, Minn., July 1, 1968 1 9 1 • required in any existing building or or after the effective date of this Code; and to changes in use or occupancy of any existing building occurring on or after the -effective date of this Code." A motion was then made by Postier, second by Ellison, that the above ordinance, as amended, be adopted as read and all voting in favor thereof, President DeVries declared the said ordinance duly passed and adopted. An Ordinance amending Chapter 122 entitled "Milk Products" of the "Rochester Code of Ordinances", was given its third and final reading. A motion was made to amend the said ordinance as follows by Perry, second by Folkert, and all voting in favor, by adding thereto the following: , "122.040. Said "GRADE A PASTEURIZED MILK ORDINANCE WITH ADMINISTRATIVE PROCEDURES" is hereby futher amended as follows: (1) Section 1. "Definitions" is amended by adding thereto the following definititions: "EE. Cottage Cheese: Cottage cheese is the soft uncured cheese obtained by adding lactic -acid -producing bacteria, with or without enzymatic action, to pasteurized skim milk, pasteuuized lowfat milk, or pasteurized reconstituted skim milk. It shall contain not more than 80 percent moisture. Cottage cheese may be seasoned with salt. "FF. Creamed Cottage Cheese: Creamed cottage cheese is prepared by mixing cottage cheese with pasteurized creaming mixture consisting of pasteurized cream and milk, dry milk products, concentrated skim milk, skim milk, or lowfat milk, to which salt, lactic acid, citric acid, phosphoric acid or stabilizer may be added. The quantity of milkfat added in the creaming mixture shall be not less than 4 percent by weight of the finished creamed cottage cheese. Dry milk products or concentrated skim milk may be added, provided the amount of added solids does not exceed 3 percent of the weight of the creaming mixture. Creamed cottage cheese shall contain not more than 80 percent moisture. (2) The Administrative Procedures applicable to "Item 7� p. Water Supply" of Section 7. "Standards for Milk and Milk Products'are amended by adding yhe following Paragraph 8: "8. Water supply outlets are provided immediately available to the cottage cheese vats. The hose for transport of water for washing cottage cheese curd shall be arranged in such a way as to preclude the possibility of the hose touching the floor or the product. (3) Paragraphs 1, 4 and 5 of the Administrative Procedures applicable to Item 19 p. Capping" of Section 7. "Standards for Milk and Milk Products" are amended.to read in their entirety as follows: "l. The capping or closing of milk and milk product containers is done in a sanitary manner on approved mechanical capping/closing equipment. The term "approved mechanical capping and/or closing equipment" shall not exclude manually operated machinery. Hand capping shall be prohibited: Provided, That if suitable mechanical equipment for the capping or closing of specific container (s) of 3 gallons or more is not available, othermethods which eliminate all possibility of contamination may be approved by the health authority. Provided further, That if suitable equipment is not available for capping cottage cheese and creamed cottage cheese, other methods of capping which eliminate possible change of contamination may be approved by the health authority. "4. All caps'or closures protect the pouring lip of multiuse containers to at least the greatest diameter. Single service containers whall be so constructed that the product and pouring and opening areas are protected from contamination during handling, storage, and when the containers are initially opened. Closures for cottage cheese and creamed cottage cheese containers shall extend over the top e4s of the container so as to protect the product from contamination during subsequent handling. "5. Caps and closures are handled in a sanitary manner. The first cap from each tube, the first lap(s)from each roll of cap or cover stock, and the first sheet of parchment or cover paper shall be discarded. The subsequent use of loose caps which are left in the cappers at the end of an operating period after removal from the cap tubes shall be a violation of this item. Provided, that this requirement(s) shall not apply to cottage cheese and creamed cheese container closures, when such closures are supplied in a totally .enclosed package, or wrapped so as to protect the closures. 0 F34Record of Official Proceedings of the Common Council of the City of Rochester, Minn., July 1, 1968 A motion was then made by Perry, second by Ellison, that the said ordinance as amended be adopted and all voting in.favor, President DeVries declared the said ordinance duly passed and adopted. Mr. Thomas Murray, a member of the Rochester Total Community Development Action li Committee on Water Pollution, was present and read the final report from the Action Committee I; on Threat of Water Pollution; he said they had met about 17 times since last October and had gone into this very thoroughly and now.they were requesting that the Common Council establish a joint committee to work with the County to establish a method to implement this program; he. -'said therdtseemSetoobe saw thknuHderbyanding about their report according to the editorial is in last nights paper, but their main purpose is to try to propose a practical solution from the entire community's standpoint. President DeVries said the Council had discussed the formation of a committee to meet with the County Commissioners but would like to delay this ! i� until they received the report from the City Planning Department which report was to be finished by the end of July. Mayor Smekta stated that to finance this project would be one of the biggest ever undertaken, evern it it were;a joint city -county it would still cost the ll li City 70% so if the total project was ten million dollars then the,City would have to assume a debt in the neighborhood of around seven million dollars; he said the City had many other needs and he did not know if the City should add that much to its indebtedness, as an example �i he cited that the City pays the total cost of the Police Department and then on top of that I 70% of the cost of the Sheriff's Department; if the City financed this project what guarantee f would they have that this area will be annexed to the City unless a law is enacted where it j states that if a corporate city extends water to outside the city limitr,.within a certain '( number of years this comes into the City. Dr. John Ulrich also a member of the TCD Action i Committee on Water Pollution said they were only trying to help the City.not fight it, the I No. 1 problem is pollution and something must be done now; water in_the City can be contaminated as well as outside, he said there is no limit to pollution and something.should be done now. President DeVries stated that this report would be taken underadvsisement and reviewed i together with the report from the Planning Department when it is received and then he hoped j' he would be given authority to appoint a committee to work with the County to study these • i' problems. it i, 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, I+ the location, size, use and height of buildings and the arrangement of buildings on lots, ,i and the density of populationwithin this City of Rochester, Minnesota, all in accordance with a comprehensive plan (amending Section 21.003 as follows) was given its first reading: 21.003 Institutional and Cultural: Municipal, county, state and !i federal administrative buildings; warehouses, garages, storage it yards and shops that are owned and operated by mucnicipal, �I county, state or federal agencies provided that such use is located not less than 200 feet from the lot line of the i nearest adjoining residential development"' Upon motion by Ellison, second by Folkert, and upon roll call and all voting in favor, the t i i Record of Official Proceedings of the Common Council • of the City of Rochester, Minn., July 1, 1968 CD•76920 rules were suspended and the ordinance was given its second reading. Upon motion by B Folkert, second by Postier, 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 Folkert, second by Postier, that the said ordinance be adopted as read and all voting in favor, President DeVries declared the said ordinance.duly passed and adopted. A motion was made by Folkert,.second by Larson,.instructing James Andre Adminis- trative Assistant to make a study in order to determine whether it is possible to cut down on special meetings required by the Council and.see if it is possible to handle some of • the details appearing on the agenda in other ways, to take --a hard look at our procedures and see where we can improve our efficiency; all voted in favor.of the motion.. A motion was.then made by Day, second by Perry, that the Personnel Advisory Committee take a good look and see if an additional person should be added to the Administrative Assistant Office; all voted in favor. Upon motion by Postier, second by Folkert, and all voting in favor, the meeting was adjourned until 7:30 o'clock P. M..on July 15, 1968. City Clerk