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HomeMy WebLinkAbout09-03-1968Record of Official Proceedings of the Common Council 9 • of the City of Rochester, Minn., September 3, 1968 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 September 3, 1968. President DeVries called the meeting to order at 2:00 o'clock P. M., the following • 1 1 L� members being present: President DeVries, Aldermen.Day, Ellison, Folkert, Larson, Perry, Posher. Absent: None. Upon motion by Ellison, second by Postier, and all voting in favor, the minutes of the meeting held on August 19, 1968 were approved. Bids were opened and received at 11:00 A. M. on the following projects: Bids for sidewalk on 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 St. N.W. The bids of C. M. Boutelle in the amount of $5,227.40 and Doyle Conner Company in the amount of $4,820.00 were each received and opened. Bids for replacement of sidewalks in vatious locations - sidewalk project #6-1968 only one bid was received. Upon motion by Larson, second by Ellison, and all voting in favor, the City Clerk was instructed to open the one bid. The bid of C. M. Boutelle & Sons,, Inc. in the amount of $1,486.50 was opened. Bids for sidewalk on the south side of Elton Hills Drive N. W. from llth Ave. N. W. to the center of the block between 12th and 13th Avenue N. W. Only one bid was received for; this project and upon motion by Larson, second by Ellison, and all voting in favor, the City Clerk was instructed to open the one bid. The bid of-C. M. Boutelle & Sons, Inc. in the amount of $1,519.50 was opened. �I Upon motion by Larson, second by Postier, and all voting in favor, the above -three Jr bids were referred to the Public Works Committee and City EngiW,.eer for tabulation and U recommendation. The City Engineers preliminary estimates for sidewalk on north and east side of llth Avenue N. W. from 16th Ave. to 19th St. 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 St. N.W. in the amount of $4,827.30; sidewalk on south side of Elton Hills Drive N.W. from llth Ave. N.W. to center of the block y between 12th and 13th Avenue N. W..in the amount of $1,388.70 and replacement of sidewalks in various locations, sidewalk project # 6-1968 in the amount of $1,275.00 were each read and President DeVries ordered the same placed on file. A letter from the Mayor's Parking and Traffic Committee recommending that the present 12 minute meters in the downtown area should be replaced with meters having 30 minute time limits and that an additional 30 minute meter be installed along the side of the presently installed short time meters and that further consideration be given to other locations for installation of short time meters in the Downtown Area, was read and upon motion by Ellison,, second by Postier, and all voting in favor, the htter was referred to the Public Safety Committee. A letter signed by Viktor 0. Wils6n, Medical:Director, requesting the transfer of • Miss Jeanne Hennes from full time county employment to full time city employment as a public �I Record of Official Proceedings of tlie" Coinmon Council of the City of Rochester, Minn., September 3, 1968 • -It --- - -- - - - - --- -- -- - - - - -- ---- --- -- - health nurse'on September 17, 1968, was read and Upon motion by Postier, second by Larson, and all voting in favor, the request was approved and the transfer confirmed. A letter from the Pasonnel Advisory Committee stating that a review of the dog P pound operations has led them to believe that it should be placed under the jurisdiction of some city department and they feel that the Health Department will be the propert place and therefore, recommend that the necessary action be taken to make the Health Department responsible for the operation of the dog.pound, was read. Upon motion by Folkert, second by Larson, and all voting in favor, the recommendation was approved and the City Attorney was (l .instructed to prepare.the necessary ordinance. I� ,I I . A letter from Mayor Raymond R. Johnson of Owatonna, Minnesota extending a cordial ! invitation to attend the Regional Fall Meeting of the .League'of Minnesota Municipalities to be !j held in the Inn Towne Motel- Heritage Room in Owatonna on September 12, 1968 was read and (1-ordered placed on file. A letter from the Rochester Airport Commission recommending that the Common Council authorize the Mayor and City Clerk to execute the amendment to the Gopher Aviation, Ind. lease releasing them and the City from all obligations pertaining to Area "B" at the Rochester Municipal Airport, was read and upon motion by Larson, second by Day, and all voting in favor, the recommendation was approved. A letter from the Rochester Airport Commission recommending that the bid ;submitted by The Glass Shop., Inc. of Austin, Minnesota to furnish and install (4) marquees 'iwith wind screens on the (4) gate positions at the Terminal Building in the amount of I $6,790.00 be accepted and that the bid of E. J..Klampe Company be rejected (unopened) because it was not received at the specified time of the opening, was read and upon motion Iby Ellison, second by Folkert, and all voting in favor, the recommendation was approved. � PP The recommendation of the Rochester Airport Commission that the Common Council approve the Periodic.Estimate #3 in the amount of.$11,318.74 to Rochester Sand & Gravel, Inc. and $1,033.03 to McGhie & Betts Inc. for FAAP 9-21-079-C810 and authorize -the Mayor and City `Clerk to execute the said.documents, was read.and upon motion by Larson, second by Ellison, land all voting in favor, the recommendation was approved.. I t Summons of John J. Schmidt, plaintiff vs City of Rochester and Caroline Virginia Riemann and Harold Riemann was read and upon motion by Folkert, second by Postier, and all Ilvoting in favor, the summons was referred to the City Attorney. 11 A letter from John Marshall Senior High School requesting permission to fire it ',rockets at the home football games, starting September 7, 1968, they would like to set one off leach time their Rocket team scores, was read and upon motion by Folkert, second by Day, and I ,all voting in favor, the request was approved. A petition with 14 signatures objecting to installation of sidewalks on 7th Avenue 'IS. W. between llth Street and Memorial Parkway, was read and upon motion by Folkert, second by jl 'Larson, and all voting in favor, the petition was referred to the Public Works Committee. i I II i 1 1 1 0 • Record of Official Proceedings ,of the ` Common` Council of the City of Rochester, Minn.,. September 3, 1968 6�1 1 11 1 1 9 1 Two resolutions adopted by the Public Utility Department (1) requesting permission to enter into contract with Alpek Sheet Metal and Roofing Company for new -roofing at the Old Garage and Office Wing of the Silver Lake Plant ($6,965.00) and (2) requesting permission to . enter into contract with Keys Well Drilling Company for one Artesian Well ($22,525.00) were I. each read and upon motion by Day, second by Ellison, and all voting in favor, the same were II approved. �I The application for plat approval of Hodge's Northgate.First Sub Division, the j� application signed by.Clark Stensrud, R. J. Vesaas and William Perry for annextion of lands in Section 12-106-14 and the petition signed by Clark Stensrud, R. J. Vesaas and William Perry ,I for change of zoning of lands -in Section 12-106-14 were each read and upon motion by Day, it second by Fo.lkert, and all voting in favor, the same were referred to the Planning & Zoning it Commission. A letter from Tom 0. Moore, Planning Director recommending appointment of Mr. I� ji William Voelker to the position of Zoning Inspector, effective September 1, 1968 and that Iff his salary be set at step 6 of Grade A ($487.00) was read and upon motion by Postier, second I by Folkert, and all voting in favor, the appointment was approved. II A letter from the Downtown Retail Merchants Association requesting that special permission be granted to them to utilize the sidewalks on Broadway from Center Street to 3rd i Avenue S. W. between the hours of 11:00 A.M. to 3:00 P.M. October 12, 1968 for the purpose ofl displaying on the sidewalk adjacent to the curbline, approximately 15 Classic automobiles of the Midwest Classic Car Club, was read and upon motion by Postier, second by Ellison, and all voting in favor, the letter was referred to the Public Safety Committee. The recommendation of the Planning & Zoning Commission stating that they had ed the petition to change zoning districting on Lots. 4, 5 and 6, Block 2, Thomas First Addition from.R-1 District to the R-3 District and find that this area has been platted and offered for sale to many families for single family residential use, the owner also has private covenants on this property that limits it to residential use andthey also find that most of the lots In Block 1, Thomas First Addition are presently being used as single family residences and there are three single family residences and a City Fire Station on Block 2, Thomas First Addition, and based on these findings they recommend that this petition be denied, was read. Upon motion by Perry, second by Folkert, and-a•11 voting in favor, the re was accepted and the petition denied. The recommendation of the City Planning & ;Zoning Commission that the petition to annex to the City of Rochester Lot-52, North Sunny Slopes -be granted approval, was read and upon motion by Perry, second by Folkert, and all voting in -favor, the recommendation was accepted and the,City Attorney instructed to -prepare an ordinance annexing the said lot. The recommendation of the Planning & Zoning•Commission that,'they had reviewed the application to vary.the.provisions of Paragraph�15.072 of the Zoning Ordinance as it applies to Lot 4, Block 21, Golden Hill Addition (1903 Fitst Avenue S.W.) and recommend that it be 9 granted approval, was read. Upon motion by Folkert, second by Larson, and all voting in lam! 68� Record of Official. Proceedings of the' comanon`Council of the City of Rochester, Minn., September 3, 1968 • _- CD778920 favor, the recommendation was accepted and the,City Attorney instructed to prepare a resolution making the variation. The.recommendation of the Planning & Zoning Commission stating that they,had reviewed the application to vary the rear yard requrirement of Paragraph 21.04.as•modified by paragraph 52.04 of the Zoning Ordinance as these standards apply to Lot.14, Hock 2,,Northern jHeights Third Subdivision (626 - 21st Street N. E.) and recommending that this application be denied, was read. Upon motion by Larson, second by Perry, this recommend ationwas tabled Juntil the evening meeting so the petitioner could be hear.d;•all voted in favor.. The recommendation of the.Planning & Zoning Commission stating,that they had ireviewed the application to vary the provisions -of Paragraph;21.;021.of:the.Zoning Ordinance to allow a beauty shop to be located in the residence at 1524 Fourth Avenue-N. E. and recommend that this applicationbe denied, was read. Upon motion by Larson, second by Folkert,, and all (voting in favor, the recommendation was tabled until the evening meeting so the petitioner could be heard. The recommendation of the Planning & Zoning Commission that they had reviewed the (application to vary the provisions of paragraph 53,002 of the Zoning.Ordinance as it applies to property located at 780 Sierra Lane N. E. and recommending that this variance be granted approval, was read. Upon motion by Larson, second by Folkert, and all voting in favor; the recommendation was accepted and a hearing on the proposed variance was set for 7:30 P. M. on (September 16, 1968. The recommendation of the Planning & Zoning Commission that they had reviewed the (petition to vacate the utility easement lying along the north line of Lot 1, Block 2, Northern Heights Addition and recommending that this petition be granted approva, was.read and upon motion by Perry, second by Larson, and all voting in favor, the recommendation was accepted and the City Attorney was instructed to prepare a resolution ordering a hearing. The recommendation of the Public Safety Committee that bids be advertised for ',furnishing two patrol cars for the Police Department was read and upon motion by Postier, (second by Folkert, and all voting in favor, the recommendation w as accepted. The recommendation of the Public Safety Committee that a truck loading zone be established on the east side of First Avenue Southwest in the first parking place south of Third Street, between the hours of 5:00 p.m. and 3:00 a.m., was read and upon motion by Perry, second by Larson, and all voting in favor, the recommendation was accepted and the City Attorney was instructed to prepare the necessary resolution. The recommendation of the Public Safety Committee that sidewalks be installed on the north side of 17th Street N. E. from T. H. 63 .to the existing sidewalks east of T. H. 63 which,is a distance of 80 feet, more or less, and that this project be,authorized on an emergency basis, without bids, was read. Upon motion by Ellison, second by Larson, and all toting in favor, the recommendation was referred to the Public Works Committee (the committee to approach REA to see if they will install this sidewalk at their own expense). 1 C J 1 i 1 Record of Official Proceedings,..of, .tlie; Comynoii "Council • of the City of Rochester, Minn.,. September 3, 1968 1 1 1 • 1 The recommendation of the Public Safety Committee that (1) that the existing passenger loading zone now provided for in front of the south entrance <to ,the Kahler.Hotel be retained (2) that a taxicab stand of 100 feet, more or less, to provide for five <taxicabs be establishes east of the passenger loading zone and (3) that the east half of this.block be one -hour metered parking except for the first parking space west of First Avenue which would be 12 minute parking, was read and upon motion by Day, second by Ellison, and all 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 parking be prohibited on the following basis on Elton Hills Drive at the crosswalk in front of Elton Hills Elementary School "NO STOPPING, STANDING OR PARKING AT ANY TIME" for 25 feet, more or less, on either side of the crosswalk at this location, was read. Upon motion by Folkert, -second by Larson, and all voting in favor, the recommendation was approved and the City Attorney instructed to prepare the necessary resolution. The recommendation.of the Public Safety Committee stating that at the present time, parking is prohibited on the south.side of Second Street N. W. from Broadway to 1st Avenue between the hours of 4:00 p.m. and 6:00 p.m., except Sunday; the Committee feels that the entire block is not needed on a rush-hour basis and recommends that parking be prohibited on the south side of 2nd Street N. W. Erom Broadway to the alley west of Broadway, between the hours of 4:00 p.m. and 6:00 p.m., was read. Upon motion by Ellison, second by Folkert, and all voting in favor, the recommendation was approved and the City Attorney instructed to prepare the necessary resoalution. The recommendation of the Public.Works Committee requesting approval to engage the ,firm of Wallace Holland Kastler & Schmitz to make a survey and recommendation on the feasibility of extending sanitary sewer services to the Rochester Airport and other propertie south of the City along T. H. 63,.was read. Alderman Day stated that he would like to see the recommendation changed and leave out the name of a firm and just say that a firm could be hired by the Public Works Committee, he said he did not -want to discourage this but felt some guide lines should be provided and probably -it would be better to get an out of town firm; a motion was then made by Alderman Day to amend the recommendation of the Public Works Committee to delete the name Wallace Holland Kastler & Schmitz and just have the recommendation read to.engage a firm to make a survey, etc; Alderman Postier seconded the motion and all voted in favor except Alderman Perry who voted "nay". A motion was then made by Larson, second by Folkert, that the recommendation, as -amended, be approved; all voted in favor. Upon motion by Day, second by Folkert, and all voting in favor, the meeting was recessed at 3:15.P. M. The meeting was called to order again at 4:00 P. M. with all members being present.. The contract bonds of Doyle Conner Company in the amount of $3,642.00 with the 40 Record of Official Proceedings of the ' Common Council. of the City of Rochester, Minn., ----------_ ----- September 3, 1968 • CD778920 Universal Suerety Company as surety;•Ri verside Sand & Gravel Company in the amount of l $62,132.50 with U. S. Fidelity &'Guranty as surety; Carlisle G. Fraser, Inc. in the amount of I $18,990.75 with Transamarica Insurance Company as surety and Boutelle's in the amount of $8,616.52 with Commercial Union Insurance Company of New York as surety, were each read and upon motion by Ellison, second by Perry, and all voting in favor, the same were accepted and referred to the Mayor for approval. A motion was made by Perry, , second by Ellison, and passed unanimously that the semi-monthly bills in the amount of $103,106.60, list attached hereto, be approved. The applications of Gerald Nelson for transfer of the "on" and "off" sale 3.2 f beer license from the Sportsmen's Bar to him were each read and upon motion by Postier, second by Folkert, and all voting in favor, the applications were referred to the Public Safety Committee. The application of Diamond Ambulance Service for -transfer of their amublance license No. 302 to a 1965 Superior Cadillac Ambulance, Z519.7750, license No. F HJ 741, was read and upon motion by Larson, second by Postier, and all voting in favor, the transfer tj was approved subject to approval of the Health Department. The application of Bzoskie Sign Company for a license to erect and maintain I J signs was read and updn motion by Day, second.by Ellison, and all voting in favor, the license was granted. I� A motion was made by Perry, second by Folkert., to consider .the twelve following resolutions in block; all voted in favor. A motion was then made by Perry, second by Larson, and passed unanimously that the twelve following resolutions be adopted as read: Resolution authorizing Public Utility Board to enter into contract with Alpek i Sheet Metal and Roofing Company for roofing old garage and office wing of Silver Lake Plant. I Resolution authorizing Public Utility Board to enter into contract with Keys Well I Drilling Company to drill, case and test One Artesian Well. Resolution authorizing City Clerk to advertise for proposals for furnishing two # patrol cars for Police Department. directing Mayor City Clerk i •Resoalution authorizing and and to execute agreement for sanitary sewer on railway company rights. Resolution authorizing and directing Mayor and City Clerk to execute contract f with Mayo Foundation for construction work in Meadow Park 6th Subdivision. Resolution authorizing and directing Mayor and City Clerk to execute amendment �) to lease with Gopher Aviation, Inc. Resolution accepting bid of Glass Shop, Inc. for furnishing and installing four marquees with wind screens on the four gate positions of the terminal building. �1 I Resolution approving plans and specifications and ordering bids for sanitary jI sewer and water main crossings in the Wk of the NE'k of Section 10-106-14 across the extension - I I of 16th St. S.W.w est of T. H. 52 and across County State Aid Highway #8 approximately 1500 I �I �i Record of Official Proceedings of the 'Common Council • of the .City of Rochester, Minn.,. September 3, 1968 C D•78920 0 1 1 • feet north of the south line of said NE'k. Resolution approving plans and specifications and ordering bids for Part I - water tower and trunkline Southwest Service Area and sanitary sewer and water main extension in the Apache Mall Area. Resolution referring improvement petition for determination of adequacy, feasibility report and recommendation for sidewalk on west side of loth Avenue S. E. from 13� St. on the north to 15th Street on the south to the City Engineer and Public Works Committee. Resolution,referring improvement petition for determination of adequacy, feasibi- lity report and recommendation for sidewalk on both sides of 4th P1ace.N. W. from 36th Avenue N.W. west to dead end (Block 3 - Lots 16 thru 32 and Block 4, Lots 1 thru 18) to the City Engineer and Public Works Committee. Resolution referring improvement petition for determination of adequacy, feasibi- lity report and recommendation for sidewalk on the north side of Valleyhigh Drive N. W. from 19th Ave. N.W. to 21st Ave. N. W. to the City Engineer and Public Works Committee. Upon motion by Day, second by Folkert, and all voting in favor, the meeting was adjourned until 7:30 P. M. President DeVries called the meeting to order at 7:30 P. M. with 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 plac6 set for hearings on the following projects: Hearing on proposed ordinance entitled "Ordinance Establishing within the City of Rochester an "Urban Service District" and a !Rural Service District" as separate taxing districts". T. 0. Moore, City Planning Director, said this hearing involves the establish= ment of urban and rural districts for the city of Rochester and to basically provide that certain lands will come under various taxing purposes, the portion of the total mill levy which is devoted to City functions could be reduced down to 30%; he then showed a map of the area and the proposed districts. There was no one else present wishing.to be heard. President DeVries declared the hearing officially closed. An Ordinance establishing within the City of Rochester an Urban Service District and a Rural Service District as Separate Taxing District, was then given its third and final reading. A motion was made by Postier, second by Ellison, .that the said ordinance be adopted as read and all voting in favor thereof, President DeVries declared the said ordinance duly passed and adopted. Plan: Hearing on the.following proposed amendments to the City's adopted Thoroughfare (a) Designate 1st Avenue West from 6th Street N. W. to 9th Street S. W. and diagonal connections back to Broadway at the North and South end as a one way, south bound primary thorougfare. There was no one present wishing to be heard. President DeVries declared the hearing on this closed. A motion was then made by Perry, second by Folkert, Record of Official Proceedings of the "Co m.mon' Council of .the City of Rochester, Minn., September 3, 1968 C0:78820 -- ----- --- - that this designation be approved and the City Attorney be instructed to,prepare the II necessary resolution; i (b) Designate 6th Street S. E. from 3rd Avenue S.E. to 13th Avenue S.E. as a i secondary street. There was no one present wishing to be heard. President DeVries 11 declared the hearing on this part closed. Upon motion by Folkert, second -by Postier, and �I all voting in favor, the designation was approved and -the City Attorney instructed to prepare the necessary resolution; I� (c) Designate 2nd Street S.E.-S.W. from 2nd Avenue S.E. to 3rd Avenue S.W. as a primary thoroughfare. There was no one -present wishing to be heard. President DeVries f declared the -hearing onithis part closed. Upon motion by Postier, second by Ellison, and I all voting in favor, the designation was -approved -and the City Attorney instructed to ,I 1 ;I prepare the necessary resolution. { ii (d) Designate -*•West -Center Street from 4th Avenue West to llth Avenue West as a secondary street. There was no one present wishing to be heard. President DeVries declared the hearing on this part closed. Upon motion.by•El-lison,•second by Larson,• and all voting in favor, the designation was approved and the City Attorney instructed to prepare the necessary resolution. (e) Designate a new route from Broadway and 4th Street South to vacated 3rd Street jI and 1st Avenue Southeast as a one-way north bound primary thoroughfare. There was no one I� present,,, -wishing -to be heard. President DeVries declared the hearing on this part -closed.+ 1 �i Alderman Day stated that he felt this entailed the purchase of property at a great expense, �d �I in order to complete this section now the City would have to buy the Norton Hotel property II and it does not look possible behind the Sheraton Hotel to make the bend without putting something over the river; if this extension goes through we end _up at the 4th Street inter- section which at the present time is one of the worst intersections in •the'City and he did not feel this should be made a five corner intersection, at the present time it is one of i I� the most dangerous intersections and even under Urban Renewal this corner is left open; he said he would have to oppose this because he felt this intersectionwould be unworkable and unmanageable. A motion was then made by Larson, second by Ellison, that the designation be approved and the City Attorney prepare the necessary -resolution; all voted in favor except if Alderman Day and Postier who voted "nay". I (f) Designate 1st Avenue Southeast.from.2nd Street Southeast to East Center Street and thence Nally along the Chicago &.Great Western R.R. to North Broadway as a one-way north bound primary thoroughfare. There was no one present wishing to be heard. President DeVries declared the hearing on this part closed. Alderman Day stated that he would vote about Broadway for this under protest,and inquired/if this section be deleted tonight as a primary street should there be a study made. Mr. Moore, Planning Director, told him they could continue to 1I use Broadway for traffic and until this plan is constructed, there would be northing to prevent using Broadway and 1st Avenue West as a one-way couple. Alderman Postier said he �I could not vote for this even if they did close Broadway, he said the citizens would be i �I �I I� li 1 1 11 1 Record of Official Proceedings of the 'Common Council • of the City of Rochester, Minn., September 3, 1968 1 C 1 1 0 1 paying for the cost and he could not vote for it. A motion was then made by Larson, second by Ellison, that the designation be approved and the City Attorney prepare the necessary resolution; all voted in favor except Alderman Postier, who voted "nay". (g) Delete Broadway from 4th Street South to 3rd Street North as Primary Thoroughfare. There was no one present wishing to be heard. President DeVries declared the hearing on this part closed. A motion was then made by Folkert, second by Larson, that the deletion be approved and the City Attorney prepare the necessary resolution; all voted in favor thereof except Aldermen Day and Postier who voted „Vnay". (h) Designate a new -route extending 5th Street N. W. from 4th Avenue N. W. to the east along the south side of the Chicago & Great Western R.R. to 3rd Street N.W. and then east on 3rd Street N.W.-N.E. to 2nd Avenue N.E. as a primary thoroughfare. 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, Folkert, that the designation be approved and the City Attorney was instructed to prepare the necessary resolution; all voted in favor. Hearing on sanitary sewer and water main extensions in 19th Street N.W. and Valleyhigh Drive to the N' Section 28, Cascade Township. A letter from C. A. Armstrong, City Engineer, requesting continuation of this hearing to September 16 because the Engineer to whom the planning has been assigned is considering alternate routing of the extensions, their final locations may require a modification from the routings given in the above description, was read. Also a letter from Dean Hendrickson stating that he had sold a portion of the land previously owned by him and now he owned only the north part which would not be affected by this improvement and did not feel he should be assessed was read. Upon motion by Perry, second by Larson, and all voting in favor, the letters were ordered filed and the hearing was continued until 7:30 P. M. on September 16, 1968. Hearings on sidewalks in various locations - sidewalk project # 6-1968. 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 Folkert, to proceed with the project; all voted in favor. Hearing on construction of concrete sidewalk on south side of Elton Hills Drive N. W. from llth Avenue N. W. to center of block between 12th and 13th Avenue N.W. Mr. Kenneth Kious of 1114 Elton Hills Drive, was present and opposed the construction of this sidewalk because their was already sidewalk on the other side of the street, he said he was in favor of sidewalks but felt everyone should have sidewalks not just part of the property owners. There was no one else present wishing -,to be heard. President DeVries declared the hearing officially closed. A motion was then made by -Ellison, second by Larson to proceed with the project; all voted in favor. Hearing on sanitary sewer and water main crossings in the West � of the NEk of Section 10-106-14 across the extensions of 16th Street S. W. west of T. H. 52 and across County State Aid Highway #8, approximately 1500 feet north of the south line of said NEk. L� Record of Official Proceedings of the'Commom Council of the City of Rochester, Minn., September 3, 1968 • C0778920 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, to proceed with I, the project; all vote& in favor. Hearing on proposed change of zoning districting on the east one half of the of Section 28-107-14, except a'parcel lying north and east of the public highway located the abandoned railway right-of-way over siad premises, said public highway being designated County State Aid Highway #4, from the R-1 District to the M-2 District. Mr. Lawrence ;ronvold of Route #1 was present -and said there were a number of property owners in this area 1� aho only -owned small parcels of land and wondered if they would be forced to be annexed and ;j • Janted to know -if their taxes would'be doubled. There was no one else present wishing to be it ieard. President DeVries declared the hearing officially closed. 'A'motibn was then made )y Folkert, second by Larson, that this zoning change be granted and the City Attorney was ',nstructed to prepare an ordinance making the requested zone change. ° The recommendation of the Planning & Zoning Commission stating that they had I .eviewed the application to vary the rear yard requirement of paragraph 21.04 as modified by i Ij t )aragraph 52.04 of the Zoning Ordinance as these standards apply to Lot 14, Block 2, Northern teights Third Subdivision (626 - 21st Street N.E.) and were unable to find unusual or !xceptional circumstances existing in this case that would justify granting a variance and I' )ased on these findings they recommend that this application be denied, was again read. Dr. f ;. E. Harrison the petitioner was present and stated that they were only asking for a*7'4" 1 i! to the rear end of their house to give additional space to two bedrooms, by adding I�extension :he 7'4" the rear yard would be reduced to 25'2" instead of the required 40feet. Upon motion I� iy Larson, second by Folkert, and all voting in favor, a hearing on the requested variance was �!} .et for 7:30 P. M. on September 16, 1968. j The recommendation of the Planning & Zoan ing Commission stating that they had ,eviewed the application to vary the provisions of Paragraph 21.021 of the Zoning Ordinance to .11ow a beauty shop to be located in the residence at 1524 Fourth Avenue N. E. and find that it he Zoning Ordinance expressly excludes beauty parlors as an accessory use in the R-l'District nd based on these findings'they recommend that this application for a variance be denied, was • ,gain read. Mrs. Velma Johnson,the petitioner, was present and stated that she had made fhig equest because she was the sole support of three teen-age children and felt she would in this 'I ,ay be able to provide a much better living form them with a higher income besides being able �) be -at home, which would enable her to give them better care and guidance, she said she had I�o alked to the neighbors and there was no opposition. R. V. Ehrick, City Attorney, stated that here was no legal basis for granting this variance. A motion was made by Perry, second by olkert, that the recommendation of the Planning & Zoning'Commission be accepted and the request II or a variance be denied; all voted in favor thereof. A motion was then made by Day, second by 11 ostier, that the matter of one owner 'beauty shops and home occupations in general be referred �i ack to the Planning & Zoning Commission for further review; all voted in favor. �1 Record of Official Proceedings of the 'Common Council • of the City of Rochester, Minn., September 3, 1968 6 t:.✓9 1 • C 1 0 The recommendation of the Public Works Committee that the bid of C. M. Boutelle &I Sons in the amount of $1,519.50 for construction of concrete sidewalk on the south side of Elton Hills Drive N. W. from llth Avenue N. W. to the center of the block between 12th and 13th Avenue N. W. be accepted, was read. Upon motion by Day, second by Postier, and all voting in favor except Alderman Perry who voted "nay", the recommendation was approved. The recommendation of the Public Works Committee that the bid of C.M.Boutelle & Sons in the amount of $1,486.50 for replacement of sidewalks in various locations - Sidewalk Project # 6-1968 be accepted, was read. Upon motion by Day, second by Ellison, and all voting in favor, except Alderman Perry who voted "nay", the recommendation was approved. The recommendation of the Public Works Committee that the bid of Doyle Conner Company in the amount of $4,820.80 for construction of sidewalk on the north and east side of 11th 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. be accepted, was read. Upon motion by Day, second by Folkert, and all voting in favor, the recommendation was approved. The recommendation of the Public Works Committee that the bid of Crowley Fence Company, Inc. in the amount of $2,932.00 be accepted for furnishing and construction of 720 Lin. Ft. of chain link fencing for the Sewage Treatment Plant be accepted, was read. Upon motion by Day, second by Perry, and all voting in favor, the recommendation was approved. A motion was made by Perry, second by Folkert, that the five following resolutions be accepted in block; all voted in favor. A motion was then made by Ellison, second by Larsor that the five resolutions be adopted as presented; all voted in favor: Resolution accepting bid of C. M. Boutelle & Sons for replacement of sidewalks in various locations -.sidewalk project #6-1968. Resolution accepting bid of C. M. Boutelle & Sons, Inc. for sidewalk on south s of Elton Hills Drive N. W. from llth Avenue N.W. to the center of the block between 12th Ave. and 13th Ave. N.W. Resolution accepting bid of Doyle Conner Company for sidewalk on north and east side of llth Avenue N.W. from 16th Avenue N.W. to 19th St. N.W. and on the east side of T.H. 52 frontage road from 16th Street N.W. to a point 200 feet north of 16th St. N.W. Resolution accepting bid of Crowley Fence Company, Inc. for furnishing and const uction of chain link fencing at the Sewage Treatment Plant. esolution accepting deed dated January 31, 1968 from Ross Mayhood, Irene May -hood, Arthur Glasenapp and Cora Glasenapp for south 10 feet of North 210 feet of SEk Sec. 27-107-14 lying west of center of T. H. 20 and 52 and south of a line 71 rods north of the south line of said SEk of said section except south 750 feet thereof. Resolution vacating and abandoning utility easement ten feet in width, being five feet on each side of the common boundary or lot line between Lots 1 and 2, Block 1, Folwell Heights Fourth Subdivision. Upon motion by Larson, second by Perry, and all voting in favor, resolution adopted. Record of Official Proceedings of the Common .Council of the City of Rochester, Minn., September 3, 1968 -Resolution vacating and abandoning north -south public alley in Block 15, Cummings Addition. Upon motion by Postier, second by Ellison, resolution adopted; all voted in favor. Resolution amending the resolution establishing parking, truck loading, passenger loading and parking meter regulations and provisions, etc. as follows: . (1) Section B, No Parking Zones, Streets, is hereby amended by adding thereto Paragraphs (64.5), (112.5), and (155.5) to read in their entirety as follows: (64.5) Third Avenue Southeast on the east side of the street from loth Street Southeast to a point 40 feet more or less north of loth Street Southeast and to a point 40 feet more or less south of loth Street Southeast at all times. (112.5) Seventh Avenue Northeast on the east side of the street from 22nd Street Northeast north to the m orth boundary of the Churchill Elementrary School property at all times. (155.5) 22nd Street Northeast on the north side of the street between Seventh Avenue Northeast and Eighth Avenue Northeast at all times. . (2) Section C, Special Parking Zones, is hereby amended by adding thereto Paragraph (14.5) to read in its entirety as follows: (14.5) Fifth Avenue Southwest on the west side of the street between First Street Southwest and Second Street Southwest for Olmsted County Sheriff's Department vehicles only. Upon motion by Perry, second by Larson, and all voting in favor, resolution adopted. Resolution amending the Land Use Plan to indicate that the land bounded on the south by Zumbro Drive Northwest, on the north by the surface water Drainageway, on the east by West River Parkway and on the west by a line approximately five hundred feet west of West River Parkway for Medium Density Residential Use. Upon motion by Ellison, second by Larson, and all voting in favor, except Alderman Perry who voted "nay", resolution adopted. Resolution initiating condemnation proceedings for land required for a portion of right of way needed for extension of First Avenue Southeast (Lots 13, 14, 15 and •16, Block 20, Moe and Olds Addition). Upon motion by Folkert, second by Perry, and all voting in favor except Aldermen Day and Postier, who voted "nay", resolution adopted: Alderman Postier stated that he would like to make it clear that this recommendationdid not come .from the Finance Committee majority, he said he thought they were wasting taxpayers money to the tune of $250,000. 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 censity of population within this City of Rochester, Minnesota, all in accordance with a comprehensive plan" (that part of East 12- of NWk of Section 28-107-14 which lies south and west of County State Aid Highway No. 4 to M-2 General Manufacturing District) 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 ordinancd was given its second reading. Upon motion by Larson, second by Folkert, 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 Larson, second by Folkert, that the said ordinance be adopted as read and all voting in favor, President DeVries declared the said ordinance duly passed and adopted. Record of Official Proceedings of the 'Common 4 Council . of the City of Rochester, Minn., September 3, 1968 CD•78920 1 1 0 1 6 J An Ordinance amending an Ordinance entitled "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 Twenty -Seven, Township One Hundred Seven North, Range Fourteen West, Olmsted County, Minnesota (this ordinance is necessary to correct an inadvertent error in the description of land annexed), was given its first reading. Upon motion by Perry, second by Folkert, 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, sec by Larson, and upon roll call and all voting in favor, the rules were suspended and the ordinance was given its third and final reading. A motionwas then made by Perry, second by Larson, that the said ordinance be adopted as read, and all voting in favor, President DeVries declared the said ordinance duly passed and adopted. Mr. Tom Moore, City Planning Director, distributed copies of "An Analysis of Fringe Area Development Problems" to the members of the Common Council and Department Heads. An Ordinance amending an Ordinance entitled, "An Ordinance establishing minimum standards governing the condition and maintenance of dwellings; establishing minimum standards governing supplies utilities and facilities and other physical things; and conditions essential to make dwellings safe, sanitary, and fit for human habitation; establishing minimum standards governing the conditions of dwellings offered for rent; fixing certain responsibilites and other duties of owners and occupants of dwellings; fixing certain responsibilities and duties of owners and occupants for maintenance of nondwelling structures fences and premises; establishing a Housing Board of Appeals and setting its responsibialities; authorizing the inspection of dwellings and premises and the condemnation of dwellings unfit for human habitation; and fixing penalties for violations" (requiring bath facilities in all apartments), was again presented. Mr. Kenneth Heim of 15 - 6th Avenue S. E. was present and stated that at the present time he has two efficiency apartments that share a bath and two sleeping rooms that share a bath on the second floor of his house and if this amendment were adopted it would mean that he would have to build two more bathrooms, he said the cost for this was almost prohibitive and if he did build them he would have to raise the rent, he said he was opposed to this amendment. Alderman Ellison stated that he was opposed to this amendment, he felt it was unfair and unreasonable and if it is done to the community then some provision should be made to financially to -help them conform. Alderman Postier spoke in opposition, he said according to a letter from the Board of Public Health & Welfare this amendment is not necessaryifrom a health standpoint and he felt it was very unfair to require people to do this and if it was being adopted just because it was a part of urban renewal he did not think this was right. Alderman Day stated that he felt this was adding to much of a burden to home owners, the City had just passed a new zoning ordinance and a new housing code and they were still making changes as requested in this and now if this ordinance were adopter then they would be burdened with more expenses, he suggested that some plan on urban renewal be proposed that did not include this. After lengthy discussion, a motion was made by Folkert, second by Larson, that the said Ordinance be adopted as read and upon roll call, i, 0 Record of Official Proceedings of the"Co-iinm"oh'Council of the City of Rochester, Minn., September 3, 1968 • CD-789 20 Folkert, Larson, Perry and DeVries voting "aye" and Day, Ellison and Postier voting "nay", President DeVries declared the said ordinance duly passed and adopted. Upon motion by Perry, second by Larson, and all voting in favor, the meeting !was adjourned until 7:30 P. M. on September 16, . 1968. City Clerk