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HomeMy WebLinkAbout09-16-1968Record of Official Proceedings , of ;_the! C'ommori Council • of the City of Rochester, Minn., September 16, 1968 CO.79920 • 1 P is 1 Minutes of a regular meeting of the Common Council of the City of RochsWter, Minnesota,held in the Council Chambers in the City Hall, in said City on September 16, 1968. President DeVries called the meeting to order -at 7:30 o'clock P. M., the following members being present: President DeVries, Aldermen Day, Ellison, Folkert, Larson, -Perry, Postier. Absent: None. Upon motion by Larson,.second by Postier, and all voting in favor, the minutes of the meeting of September 3, 1968 were approved subject to adding the following paragraph: "Mr. D. A. Hoops, Attorney representing L. M. Sather, was present and stated that he would like to request the Common Council to reconsider the action taken at the afternoon meeting which denied the petition to change the zoning districting on Lots 4, 5 and 6, Block 2, in Thomas First Addition from R-1 to R-3 District, he said all he was asking was that the Planning & Zoning Commission look at this again again because he had additional information that was presented at the hearing before. Tom Moore, Planning Director, stated that the petition only concerned three lots but he thought possibly the entire west side of 16th Avenue should be considered. A motion was then made by Perry, second by Larson, that the Planning and Zoning Commission study and give consideration to change of zoning on the west side of 16th Avenue N.W. in Thomas First Addition to the R-2 zoning district; all voted in favor." President DeVries stated this as being the time and place set for hearings on t following.proje.cts: Hearing on varying provisions of Paragraph 15.072 of the Zoning Ordinance as it applies to Lot 4, Block 21, Golden Hill Addition (1903 First Avenue S.W.). There was no one present wishing to be heard. President DeVries declared the hearing officially closed. The recommendation of the Planning& Zoning Commission that the application..to vary the provis- ions of paragraph 15.072 of the Zoning Ordinance as it applies to Lot 4, Block 21, Golden Hill Addition be granted approval was again read and upon motion by Larson, second by Postier, and all voting in favor, the recommendation was accepted and the City Attorney was instructed to prepare a resolution granting the variance. Hearing on varying provisions of Paragraph 53.002 of Zoning Ordinance as it applies to property located at 780 Sierra Lane N. E. There was no one present wishing to be heard. President DeVries declared the hearing officially closed. The recommendation of the Planning and Zoning Commission that this petition be granted approval was again read and upor motion by Larson, second by Folkert, and all voting in favor, the recommendation was acceptec and the City Attorney was instructed to prepare a resolution granting the variance. •a Hearing on varying provisions of paragraph 21.04 as modified by paragraph 52.04 of the Zoning Ordinance as these standards apply to.Lot 14, Block 2, Northern Heights Third Subidivision (626 - 21st Street N. E.). The recommendation of the Planning and Zoning Commission that this request be denied was again read. Dr. C. E. Harrison, the petitioner, was again present and said he had no further information but again urged that the variance be granted, he'said none of the immeidate neighbors were opposed to this and that there were two owners in the same block which have extended beyond the 30 foot mark'as required in paragraph 61.0511 of the Zoning*Ordinance; he said the work he wanted to do consisted of removing the rear wall of two bedrooms, extend the rear wall 714" to give additional space 98 Record of Official Proceedings of the Coinrnon 'Council of the City of Rochester, Minn., September 16, 1968 • CD-78920 - ---- - - -- _- -- - ---- --- -- ----- ---- - -- - - - -- — -- ------------T------- — ------ --- --- - =ter-=- - _ - ---- - -- -- - — - - ---- - - ---- -- - - -- - -- -- --- - -- - --- - - -- --- — t - to two lower bedrooms in his house, the present code requires a minimum rear yard setback ,of 40 feet and if he made this change the rear yard setback would be reduced to 25,2". After reviewing ,the matter with Dr. Harrison, R. V. Ehrick, City Attorney reported that he sympathetic butcould find no legal basis for granting this variance, the adjoining properties all meet the requirements of the ordinance and he did not find a need exists for the variance. There was no one else present wishing to be heard. President DeVries declared the hearing officially closed. A motion was made by Folkert, second by Ellison, that the City Attorney be instructed to prepare a.:resolutibn granting the variance and upon rbll'call, Day, Perry, Postier and DeVries voting "nay", and Ellison, Folkert and Larson voting "aye", President DeVries declared the motion lost and the variance denied. Continued hearing on sanitary sewer and water main extensions in 19th Street N. W. and Valleyhigh Drive to the N' Section 28, Cascade Township. An amended feasibility report on this project as follows was then read: "Field work by the Project Engineers on the above project (McGhie & Betts) has shown that extension of the sanitary sewer and water mains to the. Industrial Opportunites Inc. Tract in the N' Sec 28 Cascade Twp. (which these extensions are designed to serve) can best be located on new easements across unimproved portions of Section 28 rather than in 19 St. N.W. and Valleyhigh Drive as described in the original project description. The revised location of the water main extension will be across the Franklin Till farce in the NEk Sec 28 from the west end of the 12" water main in 26 St. N.W. at 27 Ave., westerly to County State Aid Road #4 and the IOI Site. The revised location of the sanitary sewer extension would be an extension thru the SEk of Sec 28 from the 12" seiner main in 7 St. N.W. at the west line of Valleyhigh Second Subdivision, west and north to 19 St. N.W. and the IOI.Site. The effect of this revised plan will be to require the following changes: 1. Revise the Project Title to read - "Extension of Sanitary Sewer and Water mains to the Industrial Opportunities Inc. Site in the N'k Sec 28 Cascade Township". 2. Delete from the property list all properties abutting onto Valleyhigh Drive and all properties abutting onto 19 St. N. W.'which are east of the Railroad tracks. 3. The revised property list of benefitted land presently within the City will be "The E� of NW'k Sec 28-T107N-R14W". 4. Other land in Section 28, currently outside the City limits can also be served by this main in the future. I recommend that the Council accept this amended feasibility report, adopt a new resolution (Form 3A) and hold a hearing on the revised project title and property list." The recommendation of the Public Works Committee that the above amended feasibility report be approved and that a hearing be held was also read. There was no one present wishing to be heard. President DeVries declared the hearing officially closed. A motion was then made by Larson, second by Ellison, that the recommendation be accepted and a new hearing be scheduled for October 7, 1968 at 7:30 P. M.; all voted in favor. The bids of Carlisle G. Fraser, Inc. in the amount of $6,495.00 and Littrup Neilson, Inc. in the amount of $7,178.00 for sanitary sewer and water main crossings in the Wk of the NEk Section 10-106-14 across the extension of 16 St. 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 were received and opened and received this afternoon at 2:00 P. M. The City Engineers prelimin- ary estimate in the amount of $5,217.00 was read. Upon motion by Larson, second by Ellison, 1 • 1 • and all voting in favor, the estimate was ordered filed and the bids were referred to the I Record of Official Proceedings of the` Coriiin.ofi, Council • of the City of Rochester, Minn., September 16, 1968 -- 1 • 1 1 • 1 Public Works Committee. II A.letter from the Personnel Advisory Committee stating that Mr. Curtis Taylor has requested an out -of -step merit increase for Roger Lowe, he -is now at 20B ($755) and would! i' normally go to 20C ($785) on 3-1-69, his request is that this step be made effective 9-1-68 instead of 3-1-69, this is based on the exceptionally good job Mr. Lowe has done since becoming Director of the Recreation, and they recommend that this request be approved, was read. Upon motion by Folkert, second by Postier, and all voting in favor, the request and recommendation were approved. Three resolutions adopted by the Public Utility Board (a) requesting authoriza- tion to enter into a purchase order contract with Bergstrom-Verbarg Company for transformers ($5,839.00), (b) requesting permission to enter into contract with Crescent Electric Supply Company for furnishing four regulators ($6,800.00) and (c) requesting permission to enter into contract with Dolan Feldhaus Company for furnishing three transformers ($3,096.00) were each read and upon motion by Postier, second by Ellison, and all voting in favor, the same were approved. Summons -in -application for registration of -land in the matter of the application) of First National Bank of Minneapolis, as Trustee (two tracts of land in Section 2, Township One Hundred Six (106) North, Range Fourteen (14) West was presented and upon motion by Perry,' second by Folkert, and all voting in favor, the same was referred to the City Attorney. A letter from Kermit Gebert stating that he -felt the City owed him $200.00 for the block retaining wall along his property, which he said was broken when the workmen were doing work to improve the condition of the dry wash which runs along the.back of his property was read. Alderman Larson said he had gone over this property and there was some question as to whether the wall was constructed in violation of an easement. Alderman Postier said he would like to verify that the wall was there, he checked and would also iike to congratulate the city on having this wash filled. Upon motion by Folkert, second by Postier, and all voting in favor, the letter was referred to the City Attorney. A claim of damages to a pick-up camper owned by Darrell C. Wood of 1308 4th Avenue S.W. was read and upon motion by Ellison, second by Larson, and all voting in favor, the claim was referred to the City Attorney. A letter from Arden Grubb, President of G & A Grubb, Inc. (North Star Bar) requesting change of location of their "On Sale" liquor license to 114-118 First Avenue N. E. was read and upon motion by Postier, second by Ellison, and all voting in favor, the letter was referred to the Public Safety Committee and Planning & Zoning Commission. The three following petitions and applications were ea6h:°:re6dtand'-upon motion by Folkert, second by Postier, and -all voting in favor, the same were referred to the Planning and Zoning Commission: (1) petition for change of zoning on Lot 17, Block 9, Irelands First Addition (2) application for variance on Lots 1, 4, 5, 8 and 9, Block 2, Leiferman Koehnen Addition (1500 1st Avenue N. E. ) Ability Building Center and (3) application for variance on! Lot 22 Lemke's Subdivision (401 - 16th St. N. W.) Jack and Ann Lampman. 700 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., ' September 16, 1968 A letter signed by Robert S. Martin with an attached six cent stamp so that the next time a message goes to -Washington, D. C. or Chicago, Illinois it can be mailed instead of sending seven to twenty-five men by air, at public -expense, to deliver it by hand, was read and ordered placed on file. The Mayor's appointment of the following to serve as School Crossing �i Guards for the 1968-69 school.year was read and upon motion by Larson, second by Ellison, i and all voting in favor, the appointments were approved: Mrs. Kay Klingerman 7 - llth Avenue N. W. llth Ave. & West Center Mrs. Kathy Talcott 2421 - 18� Street N. W. 16th Ave. & llth Ave. N.W. Mrs. Betty Haakenson 904 - 7th Avenue S.W. Mrs. Agnes Vagt 1137 - 7th Avenue S. E. Mrs. Carol Wegman 933 - 13th Avenue Northeast Mrs. Mildred McGuire 1314 - 2nd Avenue N.W. Mrs. Beverly Mulholland 19 - 8th Street N. W. Mrs. Mary Winkles 124 - 13th Avenue S. E. Mrs. Melva Loftus 1413 - 13th Avenue N. W. Miss Mary McElligott 538 - 14th Avenue S.W. Mrs. Marlys Wiste 1735 - 19th Avenue N. W. Mrs. Mildred Heusinkveld 818 - 14th Street N. W. Mrs. Peggy Raver 1441 - 26th Street N. W. Mrs. Ruth Pater 1512 - 3rd Avenue N.W. 6th Street & 7th Ave. S.W. . 8th Avenue & 12th St. S. E. 9th Avenue & 14th Street S.E. 9th Street North Broadway 3rd Avenue & 17th St. N.E. 13th Ave. & 4th Street S.E. 13th Ave. & 14th St. N.W. 14th Avenue & 6th St. S.W. 19th Ave. & 19th St. N.W. 12th St. & llth Ave. N.W. Elton Hills Drive & 14th Ave. N.W. 2nd Ave. & 13th St. N.W. Mrs. Donna Jorgenson 838 - 5th Street N. W. West Frontage Road & 6th St. S.W. Mrs. Beverly Ryan (Substitute) 1509 - 9th Street N. E. A petition with 15 signatures living west of Highway 63 as residents of the Winston Churchill School area requesting (1) school zone signs posted (2) a cross walk be painted and (3) the present speed limit reduced was read and upon motion by Larson, second by Folkert, and all voting in favor, the petition was referred to the Public Safety Committee. A letter signed by Mrs. Charles Hanson, PTA Safety Committee Chairwoman of Elton Hills Elementary School and Co-chairman of the Rochester PTA Central Council Safety Committee endorsing the petition requesting sidewalk construction as submitted by Robert Retzlaff of 2339 llth Avenue N. W. and also a letter from Howard Rask, Principal of Elton (Hills School endorsing sidewalk along the west side of llth Avenue between 23rd Street N. W. and Elton Hills Drive, were each read and upon motion by Perry, second by Folkert, and all voting in favor, the letters were referred to the Public Works Committee. 1 1 L 1 Record of Official Proceedings of the 'Common • Council of the City of Rochester, Minn., q,pt-'mhPr 16, 196R 1 go 1 1 u 1 A letter signed by George C. Holter requesting approval to add bus service to the Rochester State Junior College to go into effect about September 26, 1968 and also submitting a tentative schedule, was read and upon motion by Perry, second by Ellison, and all voting in favor, the request was approved and the City Clerk was instructed to -notify the Public Service Commission. A communication from the Administrative Assistant.stating that Mr. Orville Peterson of the League of Minnesota Municipalities is asking Rochester and several other cities of their interest in hosting the 1970 LMM Convention, the convention committee of the Rochester Area Chamber of Commerce has found -no conflict with the tentatively scheduled convention of June 10-12, 1970 and recommends that the city submit their bid; the Executive Committee of the League will be meeting in early -October -to -decide on a site and if the Council is interested in submitting a bid, instruct the Administrative Assistant to notify the League, was read. Upon motion by Postier, second by Ellison, and all voting in favor, the Administrative Assistant was instructed to notify the League of.Minnesota Municipalities of the city's willingness to host -the said convention. The recommendation of the Public Safety Committee that the Board of Health be instructed to study and submit to the Common Council alternative methods.of.regulating private refuse collectors to the extent necessary for the health, safety and general welfare of its citizens, this may involve regulations concerning the assignment of collectors to defined areas either by permit, franchise, contract or other means, the study should also consider the present collection and license fees as they pertain to the private refuse collectors -and that this study be completed as soon as possible, was read. Upon motion by Larson, second by Ellison, and all voting in favor, the recommendationwas approvec The recommendation -of the Public Safety Committee that the 14th Street N. E. ingress and egress to Silver Lake Park be signed for one-way traffic on -the following basis - the west park drive be signed for one-way traffic southbound and the east park drive be signed for one-way traffic northbound, was read. Upon motion by Larson, second by Folkert, and all 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 the grading and surfacing with concrete curb and gutter on 5th Avenue S.E. and 4th Street S. E. to 5th Street S. E. and on 5th Street S. E. from 5th Avenue to 6th Avenue S. E. (upon which hearing was held on June 21, 1966) be terminated because of the high cost of additional right-of-way necessary on 5th Avenue S. E. and further recommending that the proceedings for condemnation of additional right-of-way in Block 2; of Morse &-Sargents Addition for this project be abaondoned,-was read. Upon motion by-Postier, second by Larson, and all voting in favor, the recommendation was accepted=and-the-City Attorney instructed to prepare -the necessary resolution. The recommendation of the -Public Works Committee that the Council initiate a 0 local improvement project for extension of sanitary sewer in North -Sunny Slopes Drive to Record of Official Proceedings of the Common :Council of the City of Rochester, Minn., September 16, 1968 • CD--799'20 !lots 49, 50, 51, 52, 53 and 54 in North Sunny Slopes, was read and upon motion by Folkert, lisecond by Larson, and all voting in favor, the recommendation was approved. The feasibility report of the City Engineer stating that the extension of .sanitary sewer in North Sunny Slopes Drive to Lots 49, 50, 51, 52, 53 and 54 in North Sunny I!Slopes is feasible and recommend its construction, easinents through private property from I I;Walden Lane will be required and the estimated costs are $15,458.00, was read together with !;the recommendation of the Public Works Committee that the above project be constructed with ;,the costs assessed to Lots 49, 50, 51, 52, 53 and 54 of North Sunny Slopes. Upon motion by �ILarson, second by Ellison, and all voting in favor, the recommendation was approved. A letter from C. A. Armstrong, City Engineer, stating that the sidewalk on I!the north side of 17th Street N. E. from T. H. 63 to the existing sidewalk east of T. H. 63 i Iiwhich was requested by the Public Safety.Committee on September 3 is being installed as a part of the sidewalk approaches to Kellogg and Jefferson Schools - 1968, was read and President DeVries ordered the same placed on file. The recommendation of the Public Works Committee stating that they had reviewed the petition referred to them objecting to installation of sidewalk on either side of 7th Avenue S. W. between llth Street S. W. and Memorial Palk way and after due consideration of the request they recommend that in the best interests of pedestrian safety, and the continuation of their general program to provide sidewalks on principal routes to and' from the school areas, the sidewalk be installed on the east side.of 7th Avenue S., W. between. llth Street and Memorial Parkway as originally proposed, was read and upon motionby Larson, second by Perry, and all voting in favor, the recommendation was approved.. The recommendation of the Public Works Committee that the offer of Lester Stellmacher of 302 19th Street.N. W. in the amount of $6,250.00 for full settlement of I l additional right-of-way, damages and attendant expenses to Outlot 5 in Northern Addition in connection with the reconstruction of 3rd Avenue N. W. be approved and the City Attorney authorized to prepare the necessary easement and release, was read_and upon motion by Larson, second by Perry, and all voting in favor, the recommendation was approved. The recommendation of the Public Works.Committee that the Common Council adopt a policy on management of "land fill" areas (dumps) which will tend to insure neabby i land adjacent lands from the depreciating effects of land fill operations; future "land fill" areas shall have a woven wire fence.incompassing the areas, in addition, trees of a suitable variety shall be planged to screen the area from adjacent lands; the final terrain of the i "land fill" area should be planned so that the area could be used for recreational purposes, ,such as golf course, ball diamonds, playground area, etc.; the variety and location of the Ij jlplantings shall be determined by the City Engineer, in consulatation with the Parks and If (Recreation Director; and that the City Attorney be instructed to prepare a resolution �I incorporating this policy, was read. Upon motion by Larson, second by Perry, and all I• ;,voting in favor, the recommendation was approved and the City Attorney instructed to prepare 1 1 ;the necessary resolution. �l • 1 • 1 • 1 Record of Official Proceedings of the' Common Council of the City of Rochester, Minn., September 16, 1968 The recommendation of the Public Works Committee that the bid of Carlisle G. Fraser, Inc. in the amount of $6,495.05 for construction of sanitary sewer and water main crossings in the W2 of the NE'k Sec. 10-106-14 across the extension of 16th St. S.W. west of T. H. #52 and across County State Aid Highway #8 approximately 1500 ft. north of the south line said NEB be accepted at the unit prices bid and checks be returned to the unsuccessful bidders, was read. Upon motion by Larson, second by Folkert, and all voting in favor, the recommendation was approved. The recommendation of the Public Works Committee that the employment of Ronald Paine to the position of Construction Engineer (Civil Engineer 3) in the City Engineer's Department be made.to replace Mr. Robert Toddie who is leaving the position, was read and upon motion by Ellison, second by Folkert, and all voting in favor, the appointment was approved. The recommendation of the Public Safety Committee that the request for transfer of refuse collection licenses from Leonard Fenske to Ronald Shobe be approved, was read and upon motion by Folkert, second by Ellison, and all voting in favor, the transfers were approved. The recommendation of the Public Safety Committee that the license be transferre to Gerald A. Nelson and Donald E. Nelson, a partnership, to have on and off sale non- . intoxicating malt liquor licenses from Daniel Juenger of the Sportsman's Bar at 119 North Broadway, was read and upon motion by Ellison,.second by Folkert, and all voting in favor except Alderman Larson and Perry who voted "nay", the recommendation was approved and the transfer granted. The application of Lowell Penz of Dog N Suds at 1437 12th Street S. E. for a license to sell cigarettes was read and upon motion.by Postier, second by Ellison, and all voting in favor, except Alderman Perry who voted "nay", the license was granted. The reports for the month of August, 1968 of the Inspection Department showing Electrical Inspector for fees collected for building permits issued $6,958.50; of the/electrical permits rued '$3,484.75; of the Plumbing Inspector showing fees collected for plumbing permits $1,401.50; of the Heating Inspector showing fees collected for heating permits $3,663.00 and fees collected for sign permits $39.70, were each,presented and President DeVries ordered the same placed on file. The contract bonds of C. M. Boutelle & Sons (2) in the amounts of $1,519.50 and $1,486.50 with Capitol Indemnity Corporation as surety and Crowley Fence Company, Inc. in the amount of $2,932.00 with United.Pacific Insurance Company as surety were each read and upon motion by Ellison, second by Larson, and all voting.in favor, the bonds were accepted and referred to.the Mayor for approval. A motion was made by Folkert, second by Postier, and passed unanimously, that the semi-monthly bills in the amount of $789,300.71, list attached hereto,. be approved. A motion was made by Perry, second by Postier, and all voting in favor, that t 0 following sixteen resolutions be adopted in block. A motion was then made.by Folkert, se Record of Official Proceedings of the Common Council of the City of Rochester, Minn., September 16, 1968 • - - --- - - - CD778920 1' Perry, that the said sixteen resolutions be adopted -as read; all•voted in favor: Resoltuion authorizing conveyance o.fland by metes and bounds (dots 2 .. I� and 1, Block 6, Sunrise Estates First Subdivision). 41! Resolution authorizing conveyance of lands by metes•and.bounds.••(Lots I. if and 2, Block 1, Folwell Heights Fourth Subdivision). +l j Resolution authorizing conveyance of land by metes and bounds (Lots 15,1,. li and 16, Block 6, Sunrise Estates First Subdivision). I! Resolution authorizing Public.Utility Board.to enter into a purchase i order contract with Bergstrom Verbarg Company for furnishing transformers.. 3 � r �I Resolution authorizing Public Utility Board•to enter into a purchase.. II order contract with Dolan Feldhaus Company •for•three,transformers.•- ! Resolution authorizing Public Utility Board to enter into a purchase. ! order contract with Crescent Electric Supply Company for four regulators. Resolution ordering a hearing on vacating of utility easements along ! north line of Lot 1, Block 2, Northern Heights. �i Resolution referring improvement petition for determination of adequacy, 1 •.feasibility report and recommendation for .sidewalk on south side of Valley High Drive ." N. W.-between 19th and 21st Avenue N.W. f it Resolution referring improvement petition.for determination of adequacy, feasibility report and recommendation for sidewalk along west side of llth Avenue N. W. i II between Elton Hills Drive and 23rd Street N. W. I' �( Resolution referring proposed improvement for feasibility report and i j recommendation for extension of sanitary sewer in North Sunny Slopes Drive to Lots 49, 50, jl 1. 52, 53 and.-54 in North Sunny Slopes. i51-9 Resolution referring preliminary report, ordering a public hearing and directing preparation of plans and specifications for extension of .sanitary sewer in., North Sunny Slopes Drive to Lots 49, 50, 51, 52, 53 and 54 in North Sunny Slopes. �i Resolution receiving preliminary report, ordering a public hearing and i directing preparation of plans and specifications for extension of sanitary sewer and water main to the Industrial Opportunities Inc. Site in the N� of Section 28 Cascade (j -Township. Resolution approving plans and specifications and ordering bids for j` extension of sanitary sewer and water mains to the Industrial Opportunities Inc. site in the N� Section 28 Cascade Township, Part I-Watermain. II Resolution approving plans and specifications and ordering bids for grading and surfacing of the Mall Road and 16th Street S. Wain Apache Mall. Resolution approving plans and specifications and ordering bids for sidewalk construction in the Folwell and Edison School Areas - 1968. j Resolution accepting bid of Carlisle G. Fraser, Inc. for sanitary sewer �', and water main crossings in the W2 of the.NEk Section 10-106-14 across the extension of Record of Official Proceedings of the'C'omrrion` Council • of the City of Rochester, Minn., September 16, 1968 1 L� F 1 • 1 16th Street S. W. west of T. H. 52 and across County State Aid Highway #8 approximately 1500 feet north of the sointh line of said NEk. Alderman Perry stated that he understood that the Rochester Mall Company had not gotten their building permit as yet and the delay was due to a2Dning certificate being needed and other violations of city codes. Tom Moore, Planning Director, stated that the zoning had now been resolved. A motion was then made by Perry, second by Postier, that this matter be referr to the Public Works Committee; all voted in favor. Alderman Day stated that the item of flooding at Apache Mall is still before the Public Works Committee and they are still studying the report from the firm of Iota consultants, he said he felt something the Council should keep 11 i� in the back of their mind is that this -group of people came before the Planning and Zoning ' Commission and their Engineer said they would (1) widen the channel•(2) deepen the channel and 'I 1 (3) build a dike on the East side; their Engineer also took this colored map that showed this to the County Planning and Zoning Commission and to the County Board and the No. 1 problem was I, the same - flood control; this same group came before the Common Council and presented the samelj plans and he said.as far as he was concerned he thought the City should make them do what they said they would do; Mr. Godward said the beautification alone is a promise if it did not help the flood situation; he said if water damaged some these properties, the people would sue and if they sue it would certainly be Apache and also the City and he did not feel any taxpayer should have to pay a dime on any law suits; he said he felt the Common Council should make sure,! the Apache people fulfiffed that commitment. �I Resolution authorizing and directing Mayor and City Clerk to execute on behalf of the' City the contract with Mohn and Hodge Enterprises, Inc. and Carlisle G. Fraser, Inc. relative j to the construction of certain local improvements in Wilshire Estates Second Subdivision. Uponjj motion by Perry, second by Folkert, and all voting in favor, resolution adopted. - Resolution amending resolution establishing taxicab, limousine and sight-seeing bus stands in the City by adding subparagraph (6) as follows: (6) Five taxicab stands on First Street Southwest on the north side of the street immediately east of the passenger loading zone at the south entrance to the Kahler Hotel. Upon motion by Ellison, second by Folkert, and all voting in favor, resolution adopted. Resolution authorizing and directing Mayor and City Clerk to execute on behalf of City the Quit Claim Deed from the City of Rochester to Thomas E. Godsill. Upon motion by Post second by Ellison, and all voting in favor, resolution adopted. Resolution amending the resolution establishing parking, truck loading, passenger loading and parking meter regulations and provisions, primary streets and one-way streets and alleys pursuant to Ordinance No. 871, as amended, as follows: (1) Paragraph (32) of Section B, No Parking Zones, Streets, is hereby amended as follows: (32) Second Street Northwest on the south side of the street from Broadway to the alley one=half block west of Broadway between the hours of 4:00 p.m. and 6:00 p.m. every day except Sunday. (2) Section B, No Parking Zones, Streets, is hereby amended by adding, thereto Paragraph (157) to read in its entirety as follows: (157) Elton Hills Drive Northwest on the north side of the street, no stopping,, standing or parking at any time for a distance of 25 feet more ot*less on each side of the Elton Hills Elementary School pedestrian crosswalk. Record of Official Proceedings of the *Common Council of the City of Rochester, Minn., September 16, 1968 • CD778920 11 �(3) Section D, Truck Loading Zones, is hereby amended by,adding thereto Paragraph (6.5) to read in its entirety as follows: (6.5) First Avenue Southwest on the east side of the street 25 feet more or less immediately south of Third Street Southwest at the side of the premises known as 304 First Avenue Southwest. (4) Paragraph (13) of Section E, Passenger Loading Zones, is hereby amended so as to read in its entirety as follows: (13) First Street Southwest on the north side of the street immediately east of Second Avenue Southwest 100 feet more or less in front of the building known as the Kahler Hotel. (5) Section H, Limited Parking Zones, Zone A (12 minute parking) is hereby amended by adding thereto Paragraph (4.5) to read in its entirety as follows: (4.5) First Street Southwest on the north side of the street 25 feet more or less immediately west of First Avenue Southwest. (6) Section I, Parking Meters, Zone A (12 minute parking) is hereby • amended by adding thereto Paragraph (4.3) to read in its entirety as follows: (4.3) First Street Southwest on the north side of the street 25 feet more or less immediately west of First Avenue Southwest. Upon motion by Day, second by Ellison, and all voting in favor, resolution adopted. Resolution amending the "Thoroughfare Plan" of the City of Rochester as follows: (1) Designate a new route from Broadway and Fourth Street South to vacated Third Street and First Avenue Southeast as a one-way northbound primary thoroughfare. (2) Designate First Avenue Southeast from Second Street Southeast to East Center Street and thence northwesterly along the Chicago Great Western Railway Company tracks to North Broadway as a one= way northbound primary thoroughfare. (3) Delete Broadway from Fourth Street South to Third Street North as a primary thoroughfare. Upon motion by Larson, second by Ellison, and all voting in favor, except Alderman Postier who voted "nay", resolution adopted. Resolution amending the "Thoroughfare Plan" of the City of Rochester as follows: (1) Designate First Avenue West from Sixth Street Northwest to Ninth Street Southwest and the diagonal connections back to Broadway at the north and south ends as a one way, sorthbound primary thoroughfare. (2) Designate Sixth Street Southeast from Third Avenue Southeast to 13th Avenue Southeast as a secondary street. (3) Designate Second Street Southeast -Southwest from Second Avenue Southeast to Third Avenue Southwest as a primary thoroughfare. (4) Designate West Center Street from Fourth Avenue West to llth Avenue West as a secondary street. (5) Designate a new route extending Fifth Street Northwest from Fourth Avenue Northwest to the east along the south side of the Chicago Great Western Railway Company tracks to Third Street Northwest and then east on Third Street Northwest -Northeast to Second Avenue Northeast as a primary thoroughfare. • Upon motion by Ellison, second by Larson, and all voting in favor, resolution adopted. An Ordinance annexing to the City of Rochester, Minnesota, certain platted land in North Sunny Slopes, Olmsted Gour►ty, Minnesota (Lot 52, North Sunny Slopes) 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 Larson, second by Ellison, and upon roll call and all voting in favor, the rules were suspended and the ordinance was given its third and final reading. A motion was then made by Perry, second by Folkert, and all voting in favor, that the said ordinance be adopted as read, and all voting in favor, President DeVries declared the said ordinance duly passed and adopted. Upon motion by Larson, second by Folkert, and all voting in favor, the meeting was adjourned. City Cleik