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HomeMy WebLinkAbout12-02-1968Record of Official Proceedings of the Common Council 57 of the City of Rochester, Minn., December 2, 1968 1 • LI 1 40 1 Minutes of airegular meeting of the Common Council of the City of. Rochester, Minnesota, held in the Council Chambers in the City Hall, in said City, on December 2, 1968. President DeVries called the meeting to order at 2:00 o'clock P. M., the following members being present: President DeVries, Aldermen Ellison, Folkert, Larson, Perry. Alderman Brunnette arrived at 2:30 P. M. Absent: Alderman Postier. present Upon motion by Folkert, second by Perry, and all/voting in favor thereof, the minutes of the meetings of November 18, 1968 and November 27, 1968 were approved with the following correction: November 18, 1968 - On page 3, Line 23, should read " A resolution adopted by the Board of Park Commissioners recommending the purchase of the property adjacent to Bear Creek Park, the additional land to become a part of Bear Creek Park and used for park and recreation purposes, was read and upon motion .by Ellison, second by Perry, and all voting in favor, the resolution .was referred to the Public Safety Committee". The following letter from Mayor Smekta was read and upon motion by Ellison, and all voting in favor, the appointments as listed were confirmed: "Members of the Common Council City of Rochester Rochester, Minnesota Gentlemen: I hereby submit for your approval the following appointments to a Permanent Committee on Beautification of the City of Rochester: 1st Ward Orville L. Rowland, 791 - 10th Ave. S. E. 1 Yr. Term 2nd Glenn E. Miller, 1102 - 7th Avenue S. W. 2 Yr. Term -3rd Mrs. Harry L. Baldwin, 4004 - 5th St. N. W. 1 Yr. Term 4th " Mrs. Leo A. Huey, 1605 - 5th St. N. E. 2 Yr. Term 5th " Mrs. Harley C. Carlson, 809 Sierra Lane 1 Yr. Term 6th Frank Wilkey, Jr., 3527 - 20th Ave. N. W. 2 Yr. Term The above appointments are suggested by the Alderman. The following appointments are suggested by the Mayor and Alderman -At -Large: Dr. David L. Hoffman, 831 - 102 Street S. W. 1 Yr. Term Member from the Board of Park Commissioners Mrs. John R. Hill, 916 - 10th Street S. W. 2 Yr. Term Member from the Public -At -Large Robert E. Richmond, 1416 - 14th Avenue N. E. 2-Yr. Term Member from Public -At -Large The term of office for appointments from the 1st, 3rd and 5th Wards shall expire December 1, 1969; appointments from the 2nd, 4th and 6th Wards shall expire December 1, 1970; member from the Board of Park Commissioners and Public -At -Large shall expire December 1, 1970; thereafter appointments shall serve for a term of two (2) years. Respectfully submitted, /s Alex P. Smekta Mayor" Alderman Brunnette arrived at 2:30 P. M. A letter signed by I. Coppe stating that he was desirous of purchasing the land dedicated as Fifth Avenue Southeast, lying South of Fourth Street Southeast and North of present Fifth Street Southeast, was read and upon motion by Larson, second by Folkert, and all/voti in favor thereof, the letter was referred to the Planning & Zoning Commission. A letter from M. C. Dipple, Mayor of the Village of Hallock, Minnesota asking the Mayor.and Council to join him in voicing sentiments to the University Board of Regents and the State Collage Board and ask them that the publications and pictures recently contained in educational publications be banned completely, was read. Upon motion by Larson, second by Perry, and all present voting in favor, the letter was ordered placed on file and the Mayor was requested to write and tell him that this Council concurred with his opinion. A letter signed by Daniel J. Moore Jr., President of -the Rochester Charter CJ Record of Official Proceedings of the Common Council of the City of Rochester, Minn., December 2, 1968 • Commission stating that pursuant to instructions of the Charter Commission given to him at a meeting on November 21, 1968 by unanimous ballot, they recommend that the Common Council take steps to amend the City Charter following procedures established in Minnesota Statutes, 1967 Section 410.31, the Commission recommends that Section 35 of the City Charter be amended to eliminate all reference to residency requirements for appointment to the police department, the Commission was in agreement with the language of the proposed amendment drafted in the Common Council resolution of November 4, 1968 and recommends its passage, was read. Upon motion by Folkert, second by Perry, and all present voting in favor," the letter was referred to the Personnel Advisory Committee (to clear up as to whether the recommendation means in the four townships listed by the City). The recommendation of the Rochester Airport Commission that the Common Council authorize the Mayor and City Clerk to execute the contract with McGhie & Betts, Inc. retaining them as Engineering Consulting firm for the Rochester Municipal Airport, was read and upon motion by Larson, second by Ellison, and all present voting in favor, the recommendation was approved. The recommendation of the Rochester Airport Commission that payment be made to G. R. Keller of Stewartville,.Minnesota for water main extension at the Rochester Municipal Airport in the amount of $7,053.75, total amount of contract if $7,425.00 but it is recommended that 5% of this amount be withheld until performance of the job is assured, was read and upon motion by Ellison, second by Larson, and all present voting in favor thereof, the recommendation was approved and payment authorized. The recommendation of the Rochester Airport Commission that payment be made to McGhie & Betts, Inc. in the amount of $890.76 for engineering services incurred in extending the water main at the Rochester Municipal Airport, was read and upon motion by 11 Larson, second by Folkert, and all present voting in favor thereof, the recommendation was +� approved and payment authorized. The recommendation of the Rochester Airport Commission that the Common Council authorize the Mayor and City Clerk to execute the amendments to the Northwest Airlines, Ozark Airlines and North Central Airlines leases to raise their landing fees from 94 to 120 per 1000 pounds of certified gross landing weight, was read and upon motion by Ellison, second by Larson, and all present voting in favor, the recommendation was approved and the Mayor and City Clerk were authorized to execute the said amendments. The recommendation of the Rochester Airport Commission. that the Common Council authorize the engineering firm of McGhie & Betts, Inc. to work and cooperate with Mr. Jerome Koskovich, Director of Inspection and Safety, and other engineering help:: that Mr. Koskovich may arrangein preparing plans for an experimental pre -stressed concrete constr-. uction section on the newly proposed taxiway extension at the Rochester Municipal Airport, was.read and upon motion by Folkert, second by Ellison, and all present voting in favor, the recommendation was approved. 1 • 1 I 0 1 0 Record of Official Proceedings of the Common. Council is of the City of Rochester, Minn., December 2, 1968 1 11 I s 1 A letter from Industrial Opportunities, Inc. requesting authorization to reclaim approximately 8.5 acres of flood plain land in Valley High Industrial Park owned by Industrial.Opportunities, Inc., in the development of the Waters and Roberts Foods industrial projects north of Seventh Street N. W. in Valley High Second Subdivision, the excess earth was moved to the south of Seventh.Street N. W. onto what is now designated i; as flood plain property, they are now in violation of the ordinance through an oversight,lI, and they are requesting authorization to that they may proceed, was read and upon motion I` by Larson, second by Ellison, and all present voting in favor, the letter was referred i11 t to the Planning & Zoning Commission. I A letter from Builders Land Company stating that Metro Development Corporation, �I owners of Valhalla Second Subdivision and Builders Land have petitioned for the vacation of part of Third Avenue Northwest, a portion of this street lies within the boundaries i of the park property owned by the City of Rochester, this portion of the street ends at the north line of the property owned by the Rochester School District, there is no access from the south to this portion of the street and the City has posted "No Through Traffic signs at either end, if the City concurs that this street should be vacated, they are II 4I requesting that the necessary authorization be given to the proper:° city officials to �I execute the necessary documents, was read and upon motion by Folkert, second by Ellison, and all present voting in favor, the letter was referred to the Public Works Committee. A petition with 464 signatures petitioning for a safer intersection at Highway No. 14 and 7th Street N. W. was presented and upon motion by Ellison, second by Folkert, and all present voting in favor, the petition was referred to the Public Safety Committee. A letter signed by David Malcomson, Principal of Harriet Bishop School, stating that in compliance to the request about sidewalk installation, the feeling of their committee was that the sidewalks presently installed in the Manor met the needs at this time, was read and upon motion by Folkert, second by Ellison, and all present voting in favor, the letter was referred to the Public Works Committee. The three following resolutions adopted by the Public Utility Board were each read and upon motion by Larson, second by Folkert, and all present voting in favor, the resolutions were approved: (a) resolution requesting authorizationto enter into a permit and lease agreement with the Department of Conservation, State of Minnesota for crossing the Zumbro River with the 12" water main on the Belt Line east of Apache Mall. (b) that $150,000 be appropriated to the Rochester State Bank for purchase of Federal Home Loan Bank Notes, dated November 25, 1968, maturing November 25, 1969 and bearing interest at the rate of 6% per annum. (c) authorize Board to sell and transfer proceeds to uninvested funds Electric Department Depreciation Reserve - 4% U.S. Treasury Bonds maturing August 15, 1972 $345,000 and 5.87. FIC Bank Debentures maturing August 4, 1969 $965,000. The applications of (1) Joe Guzinski for "off sale" intoxicating liquor. license (2) Wayne F. Clark and Melvin Day for "on sale" intoxicating liquor license and (3) 0 VV Record of Official Proceedings of the- Common. Council • of the City of Rochester, Minn., December 2, 1968 Edward Beckman, G. Peter Gentling and James P. Wold, the Warrior of Rochester, for an "off sale" intoxicating liquor license, were each read and upon motion by Folkert, second by Ellison, and all present voting in favor, the applications were referred to the Public Safety Committee. A letter signed by Roy Watson, of the Kahler Corporation, stating that if any serious consideration is given to making First Street Southwest and West Center Street both one way through downtown Rochester he would like the opportunity to discuss the situation before final action is taken, was read and upon motion by Folkert, second by Brunnette, and all present voting in favor, the letter was referred to the Public Works Committee. The following petitions and applications were each presented and upon motion by Ellison, second by Brunnette, and all present voting in favor, the same were referred to the Planning and Zoning Commission: 1. Petition from Town of Rochester withdrawing their objection to annexation of the fairground property and also a notice from the Municipal Commission cancelling the hearing originally scheduled onthis. 2. Petition for annexation of Lots 6, 7, 8, Auditor's Plat "D" - General Warehouse Corporation. 3. Petition to change zoning on Lots 6,7,8, Auditor's Plat "D" to M-1. 4. Petition to vacate Lot 1, Block 2 and Lot 1, Block 3, Valhalla Second Sub. 5. Petition of Johnson Drake & Piper Inc. for annexation of land. 6. Petition to vacate alley in Block 34, Original Plat. A letter from Tom 0. Moore, City Planning Director, submitting a copy of a letter written to the Rochester Housing and Redevelopment Authority concerning the recommendation on the proposed Downtown Redevelopment Plan was read and President DeVries ordered the same placed on file. Anotice from the Minnesota Department of Conservation of Land and Water Conservation Fund Regional Meetings, one to be held in Rochester at the Holiday Inn at 1630 South Broadway on December 16, 1968 at 9:30 A. M., was read and President DeVries ordered the same placed on file. The recommendation of the Planning and Zoning Commission that the petition to annex Lot 54, North Sunny Slopes be granted approval, was read. Upon motion by Brunnette, second by Ellison, and all present voting in favor, the recommendation was approved and, the City Attorney was instructed to prepare an ordinance annexing the said lot. The recommendation of the Planning & Zoning Commission stating that they had con- sidered the application to vary the provisions of paragraph 52.01 of the Zoning Ordinance as it applies to a garage located at 617 Fourth Street S. W. and find that the existing main part of the garage is located 7 feet from the alley right-of-way line and an addition has been :made'to this some years ago bringing an extension out to within 3 feet of the alley line, an area at the Northwest corner of the garage was not added onto originally and the woner now wishes to do this, -the foundation has already been laid for this new work, the ordinance requires a 5 foot setback from the alley line and the existing garage also covers more than 35% of the required rear yard; they find that because the garage has been added onto already and an area remained that could easily be filled in that this is an exceptional circumstance that can only be remedied by a variance and therefore recommend that this 0 U 1 I Is 1 0 Record of Official Proceedings of the Common Council 61 of the City -of Rochester, Minn., December 2, 1968 0 1 1 0 0 variance be granted approval, was read. Upon motion by Folkert, second by Brunnette, and all present voting in favor, the recommendation was accepted and a hearing on theta said variance was set for 7:30 o'clock P. M. on December 16, 1968. The recommendation of the Planning & Zoning Commission stating that they had con- sidered the application for approval of conditional uses on Lots 12-16, Block 1, Rolling Greens Second Addition to construct two family dwellings on each of these lots and find that these lots are located on a designated major thoroughfare and have ample lot frontage and lot area for a two family dwelling as specified for such use in an R-2 District, the Zoning Ordinance permits two family dwellings to be constructed in an R-1 District if the above conditions are met; they find that the conditions are satisfied and therefore recommend that this application be granted approval, was read. Upon motion by Brunnette, second by Folkert, and all present voting in favor thereof, except Alderman Larson who "abstained", the recommendation was accepted and a hearing on the conditional use was set for 7:30 o'clock P. M. on December 16, 1968. The recommendation of the Planning &Zoning Commission stating that they had con- sidered the application to vary the provisions of paragraph 21.021 of the Zoning Ordinance as it applies to Lot 22, Lemke Subdivision to establish a beauty shop in an R-1 District (401 - 16th Street N. W.) and find that thie property is located immediately adjoining an M-2 District and because of this it is unsaleable unless it can be used for purposes othez than a single family dwelling, since the construction of this house the adjoining M-2 use had been expanded thus materially changing the character of the area; based on these findings they feel that a hardship exists and they recommend that Paragraph 21.021 be varied to allow this property to have as an accessory use a beauty shop in conjunction with other permitted R-1 District use, was read. R. V. Ehrick, City Attorney, stated that he did not feel such a variance should be granted, they had beauty shops in residential areas previously and had many problems, he said the only time a variance can legally be granted was to bring the property up:to the other property in the district and that would not be the case here. A motion was made by Brunnette, second by Perry, that the recommendation of the Planning & Zoning Commission be disapproved and that the variance present be denied; all/votifigin favor of the motion except Alderman Ellison who voted "nay", the variance was denied. The recommendation of the Planning & Zoning Commission stating that they had reviewed the application for approval of an amendment to the Community Development Proje plan of Silver Court and find that this petition, combined with the first phase of development is in accord with the provisions of Article 46 of the Zoning Ordinance for a community development project and, therefore, recommend that this application be granted approval, was read. Alderman Perry stated that he understood they were planning to construct a 46 unit building north of 38th Street N.W. and east of 19th Avenue and did not feel that one parking space per unit was adequate. Alderman Larson, Chairman of the Public Works Committee said he had heard complaints that occupants of the existing units 62 Record of Official Proceedings of the Common .Council of the City of Rochester, Minn., December 2, 1968 now have to park a block or two from their apartments because enough parking spaces are not provided, he said that thetrend now across the country was to require 1.25 to 1.5 parking spaces per unit as many apartment dwellers are two car owners. Tom Moore, City Planning Director, stated that this plan meets the requirements, that they have provided in excess of one space per unit. R. V. Ehrick, City Attorney, stated that he did not think they could legally hold this up, the developers were ready to go ahead and had met the :requirements of the ordinance and unless the ordinance is changed they were within their rights. Upon motion by Folkert, second by Ellison, and all present voting in favor, this recommendation was tabled until the evening meeting. The recommendation of the Planning & Zoning Commission stating that they had reviewed the petition to vacate parts of 17th Street S. W. and Oakside Avenue S. W. lying west of U. S. 63 South and find that these lands are not used for public street purposes nor are they planned to be used for street purposes in the future; 17th Street S. W. is vacated and Oakdside Avenue S. W. is vacated with the exception of the parcels in question, an easement is needed along the.west side of U. S. 63 for utility purposes and based on these findings, they recommend that this petition be granted approval subject to provisions being made for a utility easement, was read. Upon motion by Folkert, second by Larson, and all present voting in favor, the recommendation was accepted and the City Attorney was 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 utility easement along the north line of Lot 1, Block 1, Valhalla Fourth Subdivision and find that this easement is not used at this time and it is not planned to be used in the future, by vacating this easement the owners of Valhalla and Builders Land will be able to combine two triangular lots and resubdivide them into rectangular lots; based on these findings, they recommend that this petition be granted approval, was read/ Upon motion by Larson, second by Folkert, and all present voting in favor, the recommendation was accepted and the City Attorney was 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 8th Street Southeast from loth Avenue Southeast to llth Avenue Southeast and find that this street is platted but has never been improved and opened to public use, there are no known plans on the part of the City of Rochester to open this street in the future; there is need to provide a utility easement for the constr- ucation of a water main, storm sewer and telephone line in this area and the land in this area should be replatted to redefine lot lines and provide a dul-de-sac at the south end of loth Avenue Southeast; based on these findings they recommend that this street be vacated subject to the above conditions, was read. Upon motion by Ellison, second by Folkert, and all present voting in favor, the recommendation was accepted and the City Attorney was instructed to prepare a resolution ordering a hearing on the said vacation. The recommendation of the Planning & Zoning Commission initiating change of 1 n LJ 1 0 1 0 Record of Official Proceedings of the Common -Council of the City of- Rochester, Minn., December. 2, 1968 .63 1 • 1 1 is 7L 0 zoning districting on Lot 1, Ressurection Parish Subdivision from the R-1 District to the' R-3 District, was read. Upon motion by Ellison, second by Larson, and all present voting in favor, the recommendation was accepted and a hearing on the proposed zone change was set for 7.30 o'clock P. M. on January 6, 1968. The recommendation of the Planning & Zoning Commission initiating change of districting on the East 25 feet of Lot 1, and the East 25 feet of the South 10.3 feet of Lot 4, Block 42, Morse and Sargeant's Addition from the B-la District to the R-3 District and recommending that this zone change be granted approval, was read. Mr. Edgar Jensen, the owner of the property involved, was present and opposed the proposed zone change, he said he had checked into the zoning of the property before he bought it'and felt it should stay as B-la. A motion was then made by Perry, second by Larson, that the recommendation be denied and the property remain zoned as it is, B-la; all present voted in favor. The recommendation of the Planning & Zoning Commission stating that they had reviewed the application to vary the provisions of paragraph-43.05 (Sign Provisions) of the Zoning Ordinance as it applies to the gasoline service station located at 455 - llth Avenue N. W. and recommend that this variance be granted, was read. Upon motion by Perry, second by Larson, and all present voting in favor, the recommendation was accepted and a hearing on the said variance was set for 7:30 o'clock P. M. on December 16, 1968., The recommendation of the Planning & Zoning Commission stating that they had reviewed the application for approval of the final plat of Bel Air Second Subdivision and recommend that this final plat be granted approval, was read. Upon motion by Perry, second', by Folkert, and all present voting in favor, the recommendation was accepted and a hearing { was set for 7:30 o'clock P. M. on December 16, 1968. Upon motion by Ellison, second by Brunnette, and all present voting in favor, the meeting was recessed until 3:40 P. M. President DeVries called the meeting to order again at 3:45 P. M. with all members being present except Alderman Postier. Mayor Smekta then handed<:out one-year Safe Driver Awards to the following City employees as they were introduced by their department heads: STREET & ALLEY DEPARTMENT Ronald Bartel Richard Olson Gilbert Bennett Darrell Overton Kenneth Boege Robert Overton Merlin Brakke Herman Rausch Norman Clark Robert Richards Arthur Colvin James Roskos Cleo Daniels Herbert Stensrud Lyle Darnell David Stewart John Eggenberger Elmer Tate Warren Folkder Glenn Thompson Chester Hanna Dana Wentworth Alton Hanson Elwin Williams James Hanson Robert Judd Arleigh Kimbell Leonard Klinkhammer John Kreps Donald Kruger Stanley Morris Harley O'Connor Delos Olson Ray Olson CITY ENGINEER'S DEPT. FIRE DEPARTMENT C. A. Armstrong Charles Alexander Robert Bale Lloyd Baker Thomas Blake Wendell Bass Michael Cox Walter Clark Robert Fleischman Melvin Day Clarence Hanson Bernard Drier Leo Herrick Robert Fanning Fred Lidtke Haven Fritsche Harold McCoy Lawrence Griffin Fred Rahn Norman Haglund Larry Rucker Charles Hayes Raymond Sibley Donald Leonard Mark Gray William Lyke Richard McDermott INSPECTION DEPARTMENT Richard Monson, William Burrows Eugene kk Nelson Charles H. Dornack Otis Ondler Walter Gordon Francis Pulford Everett Knuth Leslie Richardt Walter Roeder PARK & RECREATION Allen J. Smith David Dunn Francis Strom Roger Lowe. Curtis Taylor r6.4 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., December 2. 1968 PUBLIC HEALTH DEPT. POLICE DEPARTMENT PUBLIC UTILITY OFFICE William Bartels James Aug Axel Moberg Grant Culver Carol Christensen Byron Brueske Arnold Mork Lester Duncanson Laura Donney Charles Campbell Arthur Mueller Elmer Nelson Patricia Fallon Robert Daly Dallas Nield Roy Nelson Mary Graupmann Gerald Deden George Norman Charles Sedor, Jr. Marshall Gray Arthur Feind 'Bruce Norton David Smith Neola Henson Lloyd Feind Gordon Olson Richard Stoffer David Hoehn James Fister Jack Paine Florence Hurst John Franks Robert Radam WATER DEPARTMENT Margaret Lawler Alan Fritsche Cecil Refsland David Bakken Audrey Pederson Robert Hanson Robert Roberts Ralph Blakley Charles Phenix Forest Higgins Eugene Rowekamp John Christensen William Poblete Leslie Holtorf James Ryan Fred Hancock Robert Rossi John Hust David Sackett William Judd Forrest Smith Donald Jensen Walter Schacht Norman Kurth Paul Tarara Ronald Johnston Earl Seabright Ernest Lidtke • Viktor 0. Wilson, M.D. Fred Kelly Michael Seidel Fred Milbrandt Alvin Wondtow Donald Kerr John Sibley Robert Nereson PARK DEPARTMENT Gerald Kingsley Albert Sisson Melvin Quam Richard Bolton Ilot Klomstad Raymond Spears Richard Schacht Walt Glasenapp William Knadel Val Stevens Kenneth Tiede Alvin Hein, Jr. James Kocer Eugene Sutton Melvin Vicker Ted Kobi Gordon Kranz Hilman Vang Norman Weeks Earl Kraling Douglas Krueger Raymond Wagoner Newton Nagel Clinton Kueker Rex Waldron Lloyd Parkin John Laivell Wayne Welch Orville Renaux Dean Lent Roger Westra Lester Senjem Lavern Lind Robert Wood Harvey Tepoel Burton Loeding George Walters Mervin Mertz Bert Zemple Merlin Mewhorter Henry Mewhorter LIBRARY Gilford Fitzgerald DOG POUND Robert Blakley METER MAINTENANCE Alfred Heyn Joe Healey Edwin Winters President DeVries introduced Girl Scout Group # 165, Mrs. David Ahman, lCounsellor who were visiting the Council meeting. The recommendation of the Public Safety Committee that the City proceed to acquire certain lands for park and public utility purposes, either through negotiation or condemnation, these lands are located next to Bear Creek Park and are owned by Leonard L. Lampland and Robert Conway, was "read. Upon motion by Perry, second by Ellison, and all present voting in favor, the ::recommendation was approved. The recommendation of the Public Safety Committee that parking be prohibited at all times on the east side of 4th Avenue S. W. from 2nd Street Southwest to a point 50 feet, more or less, north of 2nd Street Southwest, was read and upon motion by Perry, second by Folkert, and all present voting in favor, the recommendation was approved and the City Attorney was instructed to prepare the necessary resolution. The' -recommendation of the Public Safety Committee that parking be prohibited Ion Third Avenue Southwest on the east side of the street from Third Street Southwest to a point 100 feet, more or less, south of Third Street Southwest between the hours of 4 p.m. and 6 p.m., Monday through Friday, was read and upon motion by Perry, second by Ellison, and all present voting in favor, the recommendation was approved and the City Attorney was instructed to prepare the necessary resolution. 1 • 0 • r Record of Official Proceedings of the Common Council of the City of Rochester,' -Minn., December 2, 1968 The Recommendation of the Public Safety Committee that Section B, No.Parking Zones, subsection 65.8 of the Master parking resolutions be amended to read "Third Avenue Southwest on the west side of the street from Second Street Southwest to a point 200 feet, more or less, south of Second Street, Southwest between the hours of 4 p.m. and 6 p.m., Monday through Friday, was read and upon motion by Ellison, second by Perry, and all present wting:in favor, the recommendation was approved and the City Attorney was instructed to prepare the necessary resolution. Thei,-,recommendation of the Public Safety Committee that Section B, No Parking • Zones, Subsection 41, of the Master Parking Resolution be eliminated, was read and upon motion by Perry, second by Folkert, and all present voting in favor, the recommendation was approved and the City Attorney was instructed to prepare the necessary resolution. Alderman Larson was excused at 4:20 P. M. The recommendation of the Public Safety Committee that parking be prohibited at all times on the north side of Second Street Northeast from Second Avenue Northeast to a point 75 feet, more or less, west os Second Avenue, was read and upon motion bye. Ellison, second by Brunnette, and all present voting in favor, the recommendation was approved and the City Attorney was instructed to prepare the necessary resolution. The recommendation of the Public Safety Committee that parking be prohibited at all times on the,south side of Eleventh Avenue Northwest adjacent to the Hillcrest Shopping Center,_ from Sixteenth Avenue Northwest to a point 150 feet, more or less, west of Sixteenth Avenue, was read and upon motion by Ellison, second by Brunnette, and all present voting in favor, the recommendation was approved and the City Attorney was instructed to prepare the necessary resolution. The recommendation of the Public Safety Committee that parking be prohibited at all times on the north side of L7est Center Street from Twelfth Avenue Northwest to a point 50 feet, more or less, east of Twelfth Avenue Northwest, was read and upon motion by Folkert, second by Ellison, and all present voting,in favor, the recommendation was approved and the City Attorney was instructed to prepare the necessary resolution. • The recommendation of the Public Safety Committee that the City Engineer be authorized to arrange for plans and specifications for traffic signals at (1) 37th Street and 18th Avenue Northwest and (2) Elton Hills Drive Northwest and West River Parkway (3rd Avenue N. W.) and that bids be advertised when plans are prepared, was read and upon motion by Ellison, second by Folkert, and all present voting in favor, the recommendation was approved. i The recommendation of the Public Works Committee that the proposal of Agneberg- Sankstone & Associates for engineering for grading and surfacing streets in Apache Mall;be:.::� approved, was read. Upon motion by Ellison, second by Brunnette, and all present voting in favor, the recommendation was approved. The recommendation of the Finance Committee that the bid of Sinclair Oil Corp. in the amount of $0:122 per gallon (an estimated 12,000 gallons) for furnishing #2 fuel oil • ZI 1i I� 66 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., December 2, 1968 for use at the Sewage Treatment Plant be approved, was read. Upon motion by Folkert, second by Ellison, and all present voting in favor, the recommendation was approved and the City Attorney was instructed to prepare a contract. The recommendation of the Finance Committee that the Bid of Diamond'Crystal Salt Company in the amount of $13.40 per ton for -furnishing the season's supply of rock salt (estimated 1,000 tons) for use in the City Engineer's Department be approved, was read. Upon motion by Perry, second by Folkert, and all present voting in favor, the recommendation was referred back to the Finance Committee. The recommendation of the Public Works Committee that bids be advertised for (1) One ton truck for the Sewer Collection Department (2) power sewer rodder for the Sewer Department -and (3) material spreader for the Street & Alley Department, was read. Upon motion by Folkert, second by Brunnettee, and all present voting in favor, the recommendation was approved. The application of the Bell Vending Company for a license to sell cigarettes at the Rochester State Junior College was read and upon motion by Ellison, second by Brunnette and all present voting in favor except Alderman Perry who voted "nay", the license was granted. The application of Ryan Expert Wall Company for a license to construct sidewalks, curb and gutter, driveways, etc. in the City of Rochester was read and upon motion by Ellison, second by Folkert, and all present voting in favor, the license was granted. The contract bonds of Barbarossa and, Sons, Inc. in the amount of $36,297.50 with St. Paul Fire and Marine Insurance Company as surety; Chicago Bridge & Iron Company in the amount of $155,500.00 with Western Surety Company as surety and Riverside Sand & Gravel Company in the amount of $50,230.85 with United States Fidelity and Guaranty Company as surety, were each presented and upon motion by Perry, second by Folkert, and all present voting in favor, the bonds were accepted and referred to the Mayor for approval. A motion was made by Ellison, second by Perry, that the following ten resolutions The adopted in block and all present voted in favor. A motion was then made by Ellison, second Eby Folkert, that the said resolutions be adopted as read and all present voting in favor (thereof, President DeVries declared the said resolutions duly passed and adopted; Resolution approving a resolution passed and adopted by the Public Utility Board (re entering into a permit and lease agreement with Department of Conservation, State of Minnesota, for the 'crossing of the Zumbro River with the 12" water main on the Belt,Line east lof Apache Mall. Resolution authorizing Public Utility Board to sell investments in connection )with Silver Lake Expansion Program. Resolution authorizing Public Utility Board to purchase Federal Home Loan -Bank Notes in the amount of $150,000 from the Rochester State Bank for Electric Department Depreciation Reserve. Resolution approving collateral and assignment of Northwestern National Bank. • 1 1 • Record of Official Proceedings of the C6mmon- Council of the City of Rochester, Minn., December 2, 1968 .67 1 1 1 Resolution authorizing and directing Mayor and City Clerk to.execute contract with McGhie & Betts, Inc. for engineering work at Rochester Municipal Airport. Resolution authorizing and directing Mayor and City Clerk to execute proposal for engineering services for grading and surfacing of the Mall Road and 16th Street S. W. in Apache Mall. Resolution authorizing conveyance of lands by metes and bounds (Lot 9 and north 5 feet of Lot 10, Block 1, Meadow Park 6th Subdivision). Resolution accepting bid.of Sinclair Oil Corporation for furnishing #2 fuel oil for use at the Sewage Treatment Plant. Resolution appropriating $1,200.00 from the General Fund and ordering payment made to Alex P. Smekta, Mayor. Resolution directing City Clerk to advertise for bids for furnishing (1) one ton truck for Sewer Department (2) Power Sewer Rodder for Sewer Department and (3) material spreader for Street & Alley Department. A motion was made by Perry, second by Folkert, and passed unanimously be all present voting in favor, that the semi monthly bills in the amount of $20.1,755.12, list of which,is attached, be approved. An Ordinance annexing to the City of Rochester, Minnesota, certain unplatted not exceeding two hundred acres in area, all being in the Southeast Quarter of Section Twenty -Two, Township One:Hundred Seven North, Range Fourteen West, Olmsted County, Minnesota (a part of Southeast Quarter of Section 22-107-14 owned by Carl Elford) was given its second r eading. An Ordinance annexing to the City of Rochester, Minnesota, certain unplatted not exceeding two hundred acres in area, all being in Section Twelve, Township One Hundred Six North, Range Fourteen West and Section Seven,.Township One Hundred Six North, Range Thirteen West, Olmsted County, Minnesota (petitioned for by Stensrud, Vesaas, Perry) was given its third and final reading.. A motion was then made by Ellison,, second.by Folkert, that the said ordinance be adopted as read and all present voting in favor thereof, except Alderman Perry who abstained, President DeVries declared the said ordinance duly passed and adopted. Upon motion by Ellison,. second by Brunnette, 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 Brunnette, Ellison, Folkert, Larson, Perry. Absent: Alderman Postier. President DeVries stated this as being the time and place set for hearings on the following projects: Bearing on proposed change of zoning of Lot 52, North Sunny Slopes from the R-1 District to the R-Sa District. There was no one present wishing to be heard. President n U DeVries declared the hearing officially closed. A motion was then made by Perry, second by b� Record of Official Proceedings of the Common: Council of the City of Rochester, Minn., December 2, 1968 is Ellison, and all present voting in favor, instructing the City Attorney to prepare an ordinance making the proposed zone change. Hearing on proposed change of zoning on Lots 2,3,6,7,10,11,14,15,18,19,22 and 23, Block 9 of Ireland's First Addition from the R-1 District to the R-2 District (west side of 4th Avenue Southeast from 13th to 14th Street Southeast). 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, and all present voting in favor, instructing the City Attorney to prepare an ordinance making the proposed zone change. Hearing on proposed change of zoning on Lots 1,4,5,8,9,12,13,17,16,20,21 and 24, Block 9 of Ireland's First Addition from.the R-1•District to the R-2 District (east side of 3rd Avenue Southeast from 13th to 14th Street Southeast). 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, and all present voting in favor, instructing the City Attorney to prepare an ordinance making the proposed zone change. Hearing on proposed change of zoning on Lots 1-14, Block 2, Thomas First Addition from -the R-1 District to the R-2 District (west side of 16th Avenue N. W- from llth Avenue N. W. to Elton Hills Drive Northwest). Mr. RobertDeBus of 1212 - 14th Avenue N. W. was present and spoke in behalf of the property owners within 200 feet and opposed the proposed zone change on the following (1) this land was zoned R-1 in 1965 and he did not feel there were any changes in this area thatwould warrant a change now (2) he felt this would be "strip" zoning as.there is Highway No: 52 to the west, then a strip of B-3 zone and now if this were changed it would be another strip as R-2 and then across the street it is,R-1 and Assissi Heights to the east (3) he said the land owners within 200 feet of this were unanimously opposed and (4) he read a copy of restrictive covenant included when the land owners received their deeds and he said Mr. Sather was aware of this when he bought the lots; he presented a petition with 12 signatures opposing the zone change which was ordered placed on file. Mr. D. A. Hoops, Attorney representing L.-M. Sather the petitioner, was again present and urged that the zone change be granted. There was no one else present wishing to be heard. President DeVries declared the hearing officially closed. A motion was then made by Alderman Perry that this requested zone change be denied and the property remain as R-1 District, Alderman Ellison seconded the motion and upon roll call and all present voting in favor, President DeVries declared the motion carried and the requested zone change denied. A letter from William Leach, local realtor, requesting consideration of his offer to purchase land known as the Sewage Treatment Parcel, north of Elton Drive was read. Also the recommendation of the Planning & Zoning Commission stating that they had reviewed the request to sell a portion of the Old Sewage Treatment Plant Property for private lopment and find that the City Engineer's Department and the Police Department have existing and proposed use for the area south of Elton Hills Drive and the area north of • 0 1 0 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., December 2 1968 `6 9 Elton Hills Drive is partially used by the City Dog Pound, there is unused property available in this area but with the anticipated growth of this community they feel it would be wise for the City to hold this area as a reserve for future public use, however, if additional public land can be acquired in a suitable location at a reasonable cost, then this matter of disposing of a portion of the old sewage treatment plant property should be reconsidered, was read. Mr. Leach was present and introduced W. Michael Fields of Chicago who represented the company interested in purchasing this land, he said they had spent considerable time studying this area as to traffic and residential patterns and felt.this.property is a prime commercial • site; he said they had done enough research to know they could go ahead with a commercial development that the City would be happy to see; he said it was a mercantile business and woulc run in excess of a million dollars; Mr. Field said he had polled every City Department and no one had any specific use for the- land at this time. Alderman Folkert said the City now has a six year capital improvement program under consideration but because of the pressure of the 1969 budget they did not have time to pursue it in detail but felt they should get back to it now and see if this land is in the program; Alderman Folkert then moved that this be referred) to the Finance Committee, they to review and study the six year capital improvement project and come back to the Common Council with a recommendation on this land within the next 45 days: Alderman Brunnette seconded the motion and all present voted in favor. Mr. Field said -he he would like to run some soil tests in the meantime if he could go on the property and he was told there was no probld-m and he could go on the land to do this. The recommendation of the Planning & Zoning Commission (tabled this afternoon) that the application for approval of an amendment to the Community Development Project be granted approval, was again read. Upon motion by Ellison, second by Folkert, and all,present voting in favor, the recommendation was accepted and a hearing was set for 7:30 o'clock P. M. on December 16, 1968. A resolution accepting permanent easement for sanitary sewer purposes, conveyed to the City of Rochester by Elizabeth G. Lowry and The First National Bank of Minneapolis, Trustee, by instrument dated November 14, 1968 involving land in Section 28-107-14, Olmsted County, Minnesota, was read. Upon motion by Larson., second'by Ellison, and all present voting in favor, resolution adopted. A resolution accepting the permanent easement for sanitary sewer, storm sewer, water main and other underground utility purposes conveyed to the City of Rochester by Inez C. Schaeger involving the east twenty feet of Lots 12 and 13, Block 1, Knollwood Acres was read. Upon motion by Ellison, second by Brunnette, and all present voting in favor, the resolution adopted. A resolution accepting the deed dated October 15, 1968, conveying to the City of Rochester by the State of Minnesota, for highway purposes, lands in Golden Hill Addition (312554) was read. Upon motion by Ellison, second by Larson, and all present voting in favor, resolution adopted. A resolution that all revisions, deletions and additions to the "Rochester 70 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., December 2, 1968 Code of ordinances" resulting from ordinances adopted by the Common Council during the period January 1, 1965 to December 31, 1967 are incorporated in updating of the Code and the Code is hereby substituted for those ordinances as set forth in Appendix A, was read. Upon motion by Perry, second by Ellison, and all.present voting in favor, resolution adopted. Resolution initiating condemnation proceedings to acquire additional land adjacent to the Bear Creek Park and naming Gerald Thorkelson, Ford Anderson and Edgar Jensen as Commissioners, was read. Upon motion by Perry, second by Larson, and all present,voting in favor, resolution adopted. (Resolution to be held and Commissioners not to qualify until after negotiations have been tried). • An ordinance Amending Sections 83.010 and 83.100 of Chapter 83 Entitled "Electrical Code: Variations from National Code" of the "Rochester Code of Ordinances", was given its first reading. Upon motion by Perry, second by Ellison, and upon roll call and all present voting in favor, the rules were suspended and the ordinance was given its second reading. Upon motion by Perry, second by Larson, 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 Perry, second by Brunnette, that the said ordinance be adopted as read, and all present voting in favor, President DeVries declared the said ordinance duly passed and adopted. Alderman Folkert said the Police Department was short about twelve to thirteen men and he had read in the last Nations Cities where they had conducted a successful recruitment program and moved that the matter of police recruitment be referred to the Personnel Advisory Committee; Alderman Ellison seconded the motion and all present voted in favor. (The said Committee to work with the Police Civil Service Commission and also r. the Executive Branch of the Police Department). Upon motion by Larson, second by Folkert, and all present voting in favor, the matter of studying the possibility of having ordinance to control B-B Guns, Pellet Guns, etc. c s referred to the Public Safety Committee. -Upon motion by Perry, second by Brunnette, and all present voting in favor, the meeting was adjourned until 7:30 o'clock P. M. on December 16, 1968. City Clerk 4