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HomeMy WebLinkAbout03-17-1969Record of Official Proceedings of the Common Council 159 of the City of Rochester, Minn., March 17, 1969 1 0 1 Minutes. of an adjourned regular meeting of the Common Council of the City of Rochester-, Minnesota, held in the Council Chambers in the City Hall, in said City on March 17, 1969. 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, Postier. Absent: None. Upon motion by Larson, second by Brunnette, and all voting in favor, the minutes of the meetings of March 3t.d and March 12, 1969 were approved. President DeVries stated that bids had been ordered and received on the following projects: Bids for furnishing parking meter mechanisms and only one bid was received. Upon motion by Postier, second by Brunnette, and all voting in favor, the one bid was ordered opened. The bid of Rockwell Manufacturing Company in the amount of $15,330.00 was opened and upon motion by Larson, second by Ellison, and all voting in favor, the bid was referred to the Public Safety Committee. Bids for furnishing plant mixed bituminous and only one bid was received. Upon motion by Ellison, second by Brunnette, and all voting in favor, the one bid was ordered opened. The bid of Rochester Sand & Gravel, Inc. in the amount of $10,511.50 was opened and upon motion by Perry, second by Brunnette, and all voting in favor, the bid was referr to the Public Works Committee. Bids for road oil and cutback asphalt for the Street & Alley Department. Bids were received from Great Northern Oil Company, Northwestern Refining Company and Richards Oil Company and it was recommended that'the bid of Northwestern Refining Company in the amount of 0.1128 per gal for slow cure road oil, 0.1228 per gal for medium cure cutback asphalt and 0.1253'per gal for rapid cure cutback asphalt be accepted. Upon motion by Perry, second by Larson, and all voting in favor, the recommendation was accepted. Bids for sand, gravel and crushed rock for the Street & Alley Department. Bids were received from Rochester Sand & Gravel Company and Quarve-Anderson Company and it was I, recommended that the bid of Rochester Sand & Gravel in 'the amount of 1.40 and 2.00 per cu. yd. for washed sand and 1.20 and 1.95 per cu. yd. for pit run gravel and Rochester Sand & Gravel in the amount of 1.60 and 2.40 for crushed rock per cu. yd. be accepted. Upon moti by Larson, second by Brunnette, and all voting in favor, the recommendation was accepted. Bids for furnishing radios for Street & Alley, Paint Shop and Fire Department were again tabled until the next meeting. Bids for sanitary sewer and water main extension on the west side of T.H. #63 from 16th Street S.W. to vacated 17th Street S.W. The bids of Fraser Company, Inc. in the an of $15,941.00, Riverside Sand & Gravel Company in the amount of $17,492.80 and Littrup Nielson, Inc. in the amount of $13,699.00 were each received and upon motion by Postier, second by Brunnette, and all voting in favor, the bids were referred to the Public Works 0 Committee. I� 160 Record of Official Proceedings of the ' Common: Council of the City of Rochester, Minn., March 17, 1969 • Bids for widening, repaving and partial sidewalk replacement on 2nd Street S. W. from 5th Avenue to llth Avenue S. W. The bids of Arcon Construction Company in the amount of $319,571.04 and Doyle Conner Company in the amount of $283,239.05 were each opened and upon motion by Ellison, second by Folkert, the bids were referred to the Public Works Committee. Mayor Smekta spoke briefly to the audience and Council, he said in seeing the size of the audience before him this evening (approximately 225) indicated that the City would soon be faced with the problem of building a new city hall which would be just one of the many problems to be faced by a growing city such as this; he said it was nice to see so many at this meeting but there should be more turnouts like this, not just when there is something to object to, he said the Council is just the Board of Directors and good government is directly related to the interest the people take in it "it's not your City or my City but our City". He told the new Aldermen they would be faced with many problems as the City grows and urged that they deliverate slowly and patiently on each problem with one thing in mind - personal likes and dislikes shuld not -enter into decisions - only what is best for the City; he also said "if there is one thing I can pass on to you, it's not to be used by others, come to your own conclusions and make your own decisions, be active and look to the future". To the members remaining on the Council he said "Thank you, and to all other former aldermen with whom I've served, for the all help you have given me, I have tried to lend dignity to the office of Mayor and hope that I have succeeded in some small measure". R. V. Ehrick, City Attorney, read the report of the Commissioners on condemnation of certain land in Block 14, Head & McMahon's Addition to the City of Rochester, said lands being taken for the improvement and widening of the intersection at Second Street and Sixth Avenue Southwest and the amount of the award $48,285.00. Mr. William Schacht, Attorney representing Mrs. Greening the owner of the property in question, was present and stated that he felt the appraisors had done a thorough job and this award would be accepted but did not think anything less would be fair, he said this was a relatively fair and honest appraisal and the Council should accept it. Alderman Postier questioned the amount of the award because he said the Finance Committee had three appraisals made of these previously and they were in the neighborhood of $40,000.00 and wondered why the great difference. Upon motion by Perry, second by Ellison, and all voting in favor except Alderman Brunnette who voted "nay", the matter was referred to the Finance Committee for further study and recommendation. ! President DeVries then stated this as being the time and place set for hearings on the following projects: C. A. Armstrong, City Engineer, read the following information to i those pre sent�:I 11Thea0ropoded`=1969. •sidewalk: construction program is a continuation of the stated policy of the Common Council to cause the construction of public sidewalks i' along all streets except certain minor ones which are excepted by special circumstances. This policy is stated in Ordinance #1444 adopted in 1967. " The particular locations proposed for 1969 were recommend'ed'by the Public Works Committee and the City Engineer's office following a review of, and con- sideration of various requests, recommendations, and petitions received from- 1. Property owners, neighbors and pedestt.ians 2. Post Office officials and mailmen 3. City Engineers Department sidewalk inspectors j 4. Public Safety and Public Works Committee of the Council 5. Parent Teachers Associations and School Officials. i L' 1 1 0 11 Record of Official Proceedings, of the_ Comrrion Council of the City of Rochester, Minn., March 17, 1969 161 All these requests and suggestions were plotted on the City map which shows the existing sidewalks, and -from them all, the proposed program for 1969 was selected. The total mileage of the many requests were three times the amount of sidewalk that could be constructed in any one year. For the 1969 project it was decided to limit the total construction to about 12 miles of sidewalk -and concentrate on sections which: 1. Tend to provide for or complete a continuous sidewalk on principal pedestrian routes to schools. 2. Will provide a continuous sidewalk route on streets that connect with other residential or business areas 3. To fill in small vacant sections in neighborhoods which are otherwise sidewalked ° It is recommended that the City Administration continue this sidewalk constr- uction program each year, under this same criteria; in addition -to requiring sidewalk construction on every lot when the building is constructed (unless • otherwise excepted as provided in the Sidewalk Ordinance). The estimated cost of residential sidewalk this year is $3.30 to 3.50 per linear foot. In accordance with assessment policy adopted in 1968, a corner residential lot is relieved of the assessment for � the cost of the long side of the lot. Also on lots which have double frontage, the property owner will beassessed only for one frontage. Public Works Committee City Engineer Mrs. Karen Hanson of 2515 - 6th Avenue N. W., Safety Chairman of Elton Hills -PTA and also co-chairman'of Central PTA Safety Committee, was presenteand requested'that the Council act favorably on these areas and those that come up in the future for sidewalks; she said the principals and PTA's of every school were asked to present a map and show where they felt 1, sidewalks should be placed to insure better safety for their pupils and this had been done; she said children were much safet on sidewalks than in the streets and requested that the i Council keep safety in mind and keep sidewalks, Mr. Thomas Lemke of 2233 - 7th Avenue N.E. inquired how it was decided how much sidewalk would be built in one year and what is the planned target date for completion of sidewalk throughout the City of Rochester. C.A. Armstrong, City Engineer, explained that many things entered into this decision (1) the money resources (2) the amount of work the contractors can handle and (3) the amount of l work the City Engineer's office can handle, in regard to money resources about 25% of the costf.is public expense, he said he did not think the Contractor's could handle any more than 12 miles in one year. Dr. Lyle Weed of 1607 - 9th Avenue N. E. commended the Council on the sidewalk program started and urged that they continue this for the safety of pedestrians • and children. Sidewalk Project #1-E-1969 - East side of North Broadway from 16th Street N.E. to Northern Heights Drive N. E.; f South side Northern Heights Drive from North Bdwy to 5 Ave.NE North side 19 Street'NE from North Bdwy to 3 Avenue NE j Dr: John Fairbairn of 2239 - 5th Avenue N. E. said he owned Lots 14 and 15, Block 1, Northern Heights and had three potential sides of sidewalk, one on Broadway, on Northern Heights. Drive and 5th Avenue N.E., he said on the plat map drawn in 1958 he did not think hislot abuts the 5th Avenue right-of-way but yet he was being assessed, and he did not think that sidewalk should be constructed along Broadway it being a major access road. Mr. George O'Keefe of 4 - 17th Street N. E. objected to.the sidewalk on the east side of T. H. 63 between 16th and 17th because there are practically no children going in this area and this would be an additional burden on their already high taxes. Alderman Larson said the Committee was aware of this situation and after making a further study did not feel a part F'-1 6 2 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., March 17, 1969 of this program was feasible at this time, in regard to assessments he said that where there is a situation like this they felt the major portion should be borne out of the general fund because no benefit is recieved from the sidewalk and that would be decided at the time the assessment is made. Mr. John Van Shaw of 2243 5th Avenue N.E. inquired who would maintain and clean the sidewalks when they are on the back of the property where they can not get to them and was told that the City has been doing this. Mr. John Gowan, Attorney, was present in behalf of Mrs. Gerhard Betcher and Mr. Arthur Swan, Attorney was present in behalf of Dr. Harold 0. Perry and they were each told they could be heard when this was considered further by the Public Works Committee. Mr. James Nielson of 1631 - 1st Avenue N. E. and Mr. Don Swenson of 1642 North Broadway each opposed the sidewalk on the east side of Broadway from 16th to 17th St. N.E. A-letter.:signed by Harold 0. Perry owner of Lot 15 Edgewood Addition opposing construction of sidewalk was read together with a petition with 13 signatures opposing the sidewalk project for the east side of .North Broadway from 16th to 17th St. N. E. and the same were ordered placed on file. There.was no one else present wishing to be heard. President DeVries declared the hearing officially closed. A motion was then made by Larson, second by Ellison, that this project be referred back to the Public Works Committee for further review and recommendation; all voted in favor. Sidewalk Project #2-E-1969 Westerly side of 5 Ave. NE from Northern Heights Dr to 20 St. NE; South side 20 St. NE from 5 Ave NE to 6 Ave NE; West side 7 Ave NE from 23 ST NE south to sidewalk in place; West side of 8 Ave NE from Northern Heights Drive to 22-St. N.E.; North side of Northern Heights Drive from 7 Ave NE to end of N Heights Drive A petition with 32 signatures opposing the sidewalk on the west side of 5th Ave. N.E. between Northern Heights Drive and 20th Street N. E. was read and ordered placed on file. Mrs. Gordon Heath of 2253 - 5th Avenue N. E. inquired why the sidewalk was being put on the west side of 5th Avenue instead of on the east, she said this would make the children on the east side cross to the west side and back again to the west side and she felt this would be an additional hazard, she said they were not opposed to sidewalk but thought they sould be put where they serve the best function. Dr. John Fairbairn of 2239 - 5th Avenue N. E. said he was a member of the executive committee of the Winston Churchill PTA and it was his understanding that they had requested that the sidewalk be built on the east side. C. A. Armstrong, City Engineer said the reason it was being put on the west side was that they had received this r request from the school authorities. Mr. Walter Croll of 2001 - 5th Avenue N. E. said the petition presented contained 100% of that block and requested that this location be reviewed. Mr. Lawrence DeSanto of 514 - 20th St. N.E. said he would like to support the people that live on 5th Avenue and commented that the west and north side of the street has a curve.or loop which is complicated, he said the plan on 20th Street N. E. is for the south side of the street and requested that the Council consider the asthetics when the do 20th Street as there is a beautiful row of trees on the south side. Mr. Robert S. Apsey of 819 Northern Heights Drive said if the sidewalk was put here he was going to have problems with his driveway and wondered i 3 why the builder had been allowed -to build at this grade. C. A. Armstrong explained that the City 1 1• 1 1 1 ;1 had no control over the builder on what elevation he uses to build a house. There was no one else vresent wishing to be heard. President DeVries declared the hearing officially closed. n LJ Record of Official Proceedings of the' ' "Common Council 163 of the City of Rochester, Minn., March 17, 1969 1 11 1 0 A motion was then made by Folkert, second by Larson, that this project be referred back to the Public Works Committee for further review and.recommendation; all voted in favor. Sidewalk Project #3-E-1969 West side of 9 Avenue NE from 16 Street NE thru 17 Street NE; North side of 17 St. NE from 9 Ave. NE to ll'Ave. NE; West side of 11 Ave. NE from 17 St. NE south to sidewalk in place; West side of 12 Ave. NE from 14 ST. NE to north end of 12 Ave. NE; West side of 14 Ave. NE from 7 St. NE south for a distance of 225.75'; South side 7 St. NE from West line of 14'Ave. NE east of sidewalk in place. A petition with 12 signatures opposing sidewalk on the west side of 12th Avenue NE north of 14th St: NE as this is a dead end street and a petition with 5 signatures opposing sidewalk on the north side of 17th St. NE from 9 Ave. NE to 11 Ave. NE were each read and the same w ere ordered placed on file. Mrs. Herbert Howe of 1015 - 17th Street N. E. said they do not have curb and gutter now and wondered if sidewalk was put in if it would be at an elevation that would work if curb and gutter were installed, she said this is not a principal street and thinks it is illogical to put in sidewalk before curb and gutter. C.A. Armstrong said the grade would be at an appropriate level so either can be built. Mr. Ralph Buske of 1429 12th Avenue N. E. said they do not have curb and gutter and can not see what good the sidewalk would be as they have no problems with traffic or children, he said if sidewalk is installed a lot of nice lawns will be spoiled and he had put in his own driveway and did not think they had the correct grade, he said he does not want sidewalk on 12th Avenue. There was no one else present wishing to be heard. President.DeVries declarec the hearing officially closed. A motion was.then made by Perry, second by Larson, to proceed with the project with the exception of (a) north side of 17th St. NE from 9th to llth Ave. NE and (b) west side of 12th Avenue NE from 14th St. NE to north end of 12th Ave. NE and these two be referred back to the Public Works Committee for further study and recommendation; all voted in favor. Sidewalk Project #4-E-1969 East side 1 Ave NE from 14 St. NE north to sidewalk in place; south side of 15 St. NE in front of 210 15 ST NE; south side of 15 St. NE from 5 Ave. NE east to sidewalk in place; south side of 15 St. NE from 5 Ave. NE west to sidewalk in place; north side 15 St. NE from 4 Ave. NE west to sidewalk in place; north side of 15 ST. NE from 4 Ave. NE to 5 Ave. NE; north side of 15 St. NE from 5 Ave NE east to sidewalk in place; west side of 5 Ave.NE from.14 ST. NE to north end of 5 Ave. NE; There was no one present wishing to be heard. President DeVries declared the hearing i officially closed. A motion was made by Larson, second by Brunnette, to proceed with the d project; all voted in favor. 1; Sidewalk Project#5A-E-1969 east side of 4 Ave. SE from 4 St. SE to 5 St. SE; east side 2 Ave. SE "Mayo Civic Auditorium" between drives; south side 5 St. SE from 4 Ave SE to E line 6 Ave. SE; . east side 5 Ave. SE from 5 ST. SE.south to sidewalk in place; east 'side 7 Ave. SE lot 5, Block 7, East Rochester Addition; west side 8 Ave. SE from 6 St. SE to south line 5 St. SE; north side 6 St. SE from 11 Ave. SE east of sidewalk in place; north side 6 St. SE from 12 Ave. SE west to sidewalk in place; west side 12 Ave. SE from 6 St. SE north to bridge; east side of 12 Ave. SE from 6 St. SE to 5 St. SE; north side 6 St. SE from 12 Ave. SE to 13 Ave. SE; south side 2nd St. SE from intersection 4 St. SE west to sidewalk in place; east side 11 Ave. SE from 8� St. SE north to sidewalk in place; north side 8k St. SE from 11 Ave. SE east to sidewalk in place; F'164 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., March 17, .1969 • north side 8k St. SE from 13.Ave. SE west to sidewalk in place; west side of 12 Ave. SE north of 8k St. SE lots 1,2 & 3, Block 2, South Home; north side 9 St..SE from 8 Ave. SE to 9 Ave. SE; A letter from Mrs. Myrtle Mellin of 1115 Sixth St. S.E. registering objections to install- ation of sidewalk on the north side of 6th St. S.E. between llth and 12th and the west side of 12th Ave. between.Mayo Run and 6th Street was read and ordered placed on file. Mr. Bennett.Berg of 924 = llth Avenue S.E. said there is a problem on 12th Avenue, it has a dip in it and in order to put in a sidewalk there would be about a 3 foot drop and thought curb and gutter should be installed first and 6th Street widened and then the sidewalk installed, 12th sould be filled up to the level of 6th Street and then the sidewalk could be built all . the way up. Mr. Walter Jacobson of 502 - 5th Avenue S. E. said he did not think sidewalk was necessary yet on 5th Avenue to 6th Avenue as there no houses here and it would just be a big expense without anyone using it. Alderman Perry said that the new hursing home in this vicinity would be used this year and most of these people would be walking and this would be a main route to 4th Street and then down town. There was no one else wishing to be heard. President DeVries declared the hearing officially closed. A motion was then made by Ellison, second by Perry, to proceed with the project with the exception of the following three.and these three items go back to the Public Works Committee for further study and recommendation - (a) south side of 5th Street SE from 4Ave. SE to east line of 6 Ave. SE (b) north side of 6 St. SE from 11 Ave. SE east of.sidewalk in place and (c) north side of 6 St. SE from 12 Ave. SE west to sidewalk in place; all voted in favor. Sidewalk project #5B-E-1969 East side of 4th Avenue SE from 5 St. SE to 6 St. SE; Mr. Donald Whited of 508 - 4th Avenue S. E. was present and said he did not think there was a safety problem here and thought there was a more immediate problem flood control that should be taken care of first. There was no one else present wishing to be heard. President DeVries declared the hearing officially closed. A motion was then made by Brunnette, second by Ellison, to proceed with the project; all voted in favor. Sidewalk Project #6-E-1969 West side 11 Ave. SE from 11k St. SE to 12 St. SE; west side 11 Ave. SE from 11k St. SE north to sidewalk in place; west side 10 Ave. SE from 13k St. SE to.15 St. SE; west side 8 Ave. SE from 15 St. SE to 16 St. SE; There was no one present wishing to be heard. President DeVries declared the hearing officially closed. A motion was then made by Folkert, second by Postier to proceed with the project; all voted in favor. Sidewalk Project VA-W-1969 north side 5 St. SW from 17 Ave. SW to 21 Ave. SW; east side 18 Ave. SW from 5 St. SW north to sidewalk in place; north side of 6 St. SW & W side 18 Ave. SW•from Highway #14 to 7 St. SW (Folwell Heights) north side 6 St. SW from 10 Ave. SW west to sidewalk in place; A petition with 15 signatures opposing the sidewalk was read and ordered placed on file. Mrs. Mary Barker of 424 - 20th Avenue S.W. said they were on a•dead end and could not see why sidewalk should be put on the south side of the street, the dhildren all walk down the south side of the street where there are no driveways, if you put -sidewalk on the north Record of Official Proceedings of the Common Council of the City of Rochester, Minn., March 17, 1969 1j6 5) 1 n U 1 1 • 1 side they will have to cs.ross 20th Avenue, 19th Avenue and 7 driveways. Mr. Woodrow E. Olson of 429 20th Avenue S. W. said he could see no reason for sidewalk up here and thought the street should be put in before sidewalk. Mr. Robert Lee of 428 - 18k Avenue S. W. inquired what arrangements had been made to install sidewalk around Folwell School, he said there is no sidewalk on the south side of 6th Street or on the south side of 7th Street or on the hill itself and could not see installing a sidewalk a.half mile away when there are none directly around the school. There was no one else present wishing to be heard. President DeVries declared the hearing officially closed. A motion was made by Larson, second by Folkert, to proceed with the project with.the exception of (a) on the north side of 5th Street S.W.from 17th Ave. S.W. to 21st Avenue S.W. and this be referred back to the Public Works Committee for study and recommendation; all voted in favor. Sidewalk Project #7B-W-1969 West side of west frontage road west of Highway #14 and 52 from 6 St. SW to Skyline Drive Mr. Tom Healey, Attorney was present and represented four of the property owners, he said this was a peculiar area for sidewalk as it would be along the rear of the yards and asked what part if any would be exempt, he said the property owned by the First Unitarian Church was designed largely for people living south of Folwell Heights and felt one of the reasons was the peculiar cut of the land in building the highway. C. A. Armstrong said he would not attempt to say what will be exempt, all of these lots from 6th St. south to t First Unitarian Church property back on the frontage road and front on the road west of there in Folwell Heights. Mr. Scott Fritz of 917 - 17th Avenue S.W. inquired what side of the right-of-way it would be built on and was told on the east side within the highway right-of-way. Mr. James .Sadler of 827 - 4th St. S.W. said he owns four pieces of property along the frontage road that is undeveloped and asked if this could be deferred or if a temporary walk like bituminous could be used until the land is developed, he said they havei, no access off this, it is limited access and on three lots there is quite a drainage and thought it might be better to put in temporary walk of bituminous, he also inquired who would take care of this sidewalk on the frontage road. C. A. Armstrong said putting in bituminous had been discussed but considered it would be double cost to put in bituminous now and later cement; he said the care would come under public maintenance. There was no one else wishing to be heard. President DeVries declared the hearing officially closed. A motion was made by Larson, second by Perry, to proceed with the project; all voted in favor. Sidewalk Project #8-W-1969 east side 16-Ave. NW from 2 St. NW to 5 Place NW; south side 5 P1 NW from 16 Ave. NW to 13 Ave. NW.; east side 13 Ave. NW from 4k St. NW to 5 P1. NW; Mrs. Florence Ryan of 1349 2nd Street N. W. was present. Alderman Ellison said this was a peculiar situation, Mrs. Ryan's driveway is on the west side of the house and backs on to 16 Avenue and if this sidewalk is constructed in line with the sidewalk on the south side it will be a hazard and she will not be able to see the sidewalk before she is 7/8 of 0 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., March 17, 1969 11 the way out of.the driveway; he said Perkins Pancakes were also objecting and he would like to see this project not done. There:,was no one else wishing to be heard. President DeVries declared the hearing officially closed. A motion was then made by Ellison, second by Postier, that this entire project be referred back to the Public Works Committee for consideration as to the possibility of deleting the whole project; all voted in favor. Sidewalk Proiect #9-W-1969 north side 10 St. NW from 12 Ave. NW to 13 Ave. NW; south side of 10 St. NW from 12 Avenue NW east to sidewalk in place; north side 9 St. NW from 12 Ave. NW. west to sidewalk in place; north side 9 St. NW from 11 Ave. NW to 12 Ave. NW; west side 10k Ave.NW from 12 St.NW to 14 St. NW; west side 7 Ave. NW from 14 St. NW north to sidewalk in place; west side 9 Ave. NW from 12 St. NW north to sidewalk in place; west side 9 Ave. NW from 12 St. NW south to.sidewalk in place; north side 12 St. NW from 6 Ave. NW to 7 Ave. NW.; north side 12 St. NW from 7 Ave. NW west to sidewalk in place; west side 8 Ave. NW from 9 St. NW south to sidewalk in place; west side 8 Ave. NW from 7 St. NW north to sidewalk in place; south side 7 St. NW from 80.6' east 11 Ave. NW. to 7 Ave. NW bridge; A letter from Walter H. Van Lith stating that he did not think traffic warrants a sidewalk as there is no walking traffic on the south side of 7th Street N. W. and most of the businesses located along this area are filling stations, with drive in parking, wholesale houses with the exception of two homes, was read and ordered placed on file. Mr. Van Winkle said he owns a business at 1026 - 7th Street N. W. and thought it would be more feasible for people to walk on the other side of the street as long as there so many trucks coming and going on the south side of the street. Mr. Paul Klipsic of 832 - 7th Street N.W. said if sidewalk were put here the City would have to condemn land to do it otherwise people would be stepping right down into the street, there would be no boulevard. C. A. Armstrong said this was true the City would either have to acquire additional right-of-way or put it right up to the curb. Mr. James Madden, President of Clements Chevrolet, said they have a business on the south side of the street and thought with the industrial aspect on the south side of the street he thought it would be a very dangerous situation to have sidewalk on this side of the street. Mr. Gerald Price said he was part owner of Rochester Silo Company which is located here on 7th Street and said he felt there was no place to put sidewalk on the south and if it were put in when they got down as far as the bridge they would have to cross over on the street anyway and felt this would accomplish nothing except disrupt the tennis courts and make a more hazardous condition. Mr. Richard Derby of 1103 9th Street N. W. said he operated a chorpractic clinic and the patients that come now park their cars atran angle but if the sidewalk was put in they sould have to park parallel, also there would be a snow removalL �E problem as the building is on a steep bank and there would be no3place to put the snow. Mr. it Richard Gilligan was present in behalf of his parents who live at_727-8th Avenue N. W. and said they were senior citizens and did not think they should have.to put it in because all of !+ the traffic going down town on 8th,Avenue goes on the east side of 8th Avenue and the cost would be a burden to them. Mr. Herbert Fitch of 1107 - 9th Street N. W. inquired what would be done to the property across the street from him, there were cars parked here all the time without engines and this was an eye soar and he felt if he had to put in sidewalk then these 1 • r� 1 Record of Official Proceedings, of the Common Council 40 of the City of Rochester, Minn., March 17, 1969 Is7 people should have to do something about -cleaning up there place. There was no one else wishing to be heard. President DeVries declared the hearing officially closed. A motion was made b Ellison second b Perry., to proceed with the y y y., p project but that (a) 7th Street N. W. from 80.6 feet east of llth Avenue N. W. to,7th Avenue N. W. bridge be deleted from the project and (b) north side of 9th St. NW from llth Avenue to 12th Avenue N.W. be referred back to the Public Works Committee for further study and recommendation; all voted_ in favor.. Sidewalk Project #10-W-1969 north and east side Valleyhigh Drive from 14 St. NW to 21st Ave. NW; south side Valley High Drive from 15 St. NW thru 21 Ave. NW; east side 21 Ave. NW from Valley High Drive to 16k St. NW; • north side 15 St.NW. from 18 Ave. NW to'Valley High Drive; 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 Brunnette; to proceed with the project with the exception of on the east side of Valleyhigh Drive from 14th to .15th Street N. W.; all voted in favor. Sidewalk Project #11-W-1969 north side 17k Street NW from 21 Ave.NW to 25 Ave. NW; north side 18k Street NW from 21 Ave. NW to 25 Ave. NW; south side 18k Street NW from 21 Ave. NW to 25 Ave. NW; Mr. William Proksch of 2405 - 18'k Street N. W. inquired if when the sidewalk is put in if the driveway apron could be poured at the same time. C. A. Armstrong said this is not practical to do unless the curb and gutter is put in at the same time. There was no one else wishing to be heard. President DeVries declared the hearing officially closed. A motion was then made b Postier, second by Folkert, to proceed with the project; all voted in favor. Sidewalk Project #12-W-1969 north side'20 St. NW from 20 Ave. NW to 21 Ave. NW; north side 20 St. NW from 21 Ave. NW to 21 St. NW; west side 21 Ave. NW from 20 St. NW to 22 St. NW; north & east side 21 St. NW from 20 St. NW to 23 Ave. NW; north side 22 St.NW from 21 Ave. NW to 23 Ave.NW; west side 23 Ave.NW from 21 St. NW to 24 St. NW; There was no one present wishing to be heard. President DeVries declared the hearing officially closed. A motion was then made by Brunnette, second by Larson, to'proceed with thel project; all voted in favor. • it Sidewalk Project #13-W-1969 � west side 18� Ave. NW from 19 St. NW to 24 ST. NW; north side 19 St.NW from 18k Ave. NW to 20 Ave. NW; east side 20 Ave.NW from 19 St. NW to 20 ST. NW; There was no one present wishing to be heard. President DeVries declared the hearing officially closed. A motion was then made,by Brunnette, second by Folkert, to proceed with the project i with the exception of the north side of 19th St. NW. from 18k to 20th Ave.N.W. and east side of 20th Ave. N.W. from 19th St.N.W. to 20th St. N.W. and these two descriptions would be done II at the time of construction; all voted in favor. it Sidewalk Project #14-W-1969 north side 24 St.NW from west frontage road to 24 Ave. NW; l west side 18k Ave.NW from 24 St.NW to 26 St.NW; westsside 24 Ave. NW from 24 St. NW to 26 St. NW; north side 24 St. NW from 24 Ave. NW to 25 Ave. NW; I! Mr. Warren Howell of 2401 - 25th St. N. W. presented a petition against putting sidewalks on l �I • ;i iI I� Record of Official Proceedings of the Coirimori 'Council of the City of Rochester, Minn., March 17, 1969 24th Avenue N. W. from 24th Street N. W. to 26th St.N. W. and also on 25th St.N. W. from 24th Ave. to 25th Avenue N. W., this survey showed 32 residences of which 25 were against; the petition was ordered placed on file. Mr. Kenneth Jenkins of 2411 - 24th Street N. W. objected to the sidewalk on the north side of 24th Street because it was between the cornfield and 24th Avenue and felt it should be a through street not just a. path. Mr. Donald Simon of 2404 - 24th Avenue N. W. objected to the sidewalk. Mrs. John Beck of 2421 - 24th Street N. W. said there was a dire necessity for sidewalks, there were 22 children living in this block and it was hard to keep them out of the streets. There was no one else wishing to be heard. President DeVries declared the hearing officially closed. A.motion was then made by�arson, second by Brunnette, to proceed with the project; all voted in favor. Sidewalk Project #15-W-1969 west side 14 Avenue NW from Elton Hills Drive to Cascade Street NW; west side 15 Avenue NW from Elton Hills Drive to 16 Avenue NW; west side 18 Avenue NW from 22 St. NW to 19 Ave. NW; A letter from Harry F. Woods of 1406 Cascade Street N. W. opposing the sidewalk was read and ordered placed on file. There was no one present wishing to be heard. President DeVries declared the hearing officially closed. A motion was then made by Folkert, second by Larson, to proceed with the project; all voted in favor. Sidewalk Project #16-W-1969 north side 15 Ave.NW from 13 Ave. NW to 14 Ave. NW; west side 12 Ave. NWfrom Elton Hills Drive to 13 Ave.NW; north side 22 St.NW from 13 Ave. NW to 17 Ave. NW; west side 13 Ave. NW from 21 St.NW to 22 St.NW; North and east side 21 St.NW from 13 Ave. NW to 22 St.NW; A petition with 14 signatures opposing sidewalks on the north and east side of 21st Street N. W. between 13th Avenue N. W. and 22nd Street N. W., a petition with 4 signatures opposing. sidewalk on the west side of 13th Avenue N. W. between 21st Street and 22nd Street N. W. and a letter from Mr. & Mrs. Dennis Holt of 2331 12th Avenue N. W. also opposing sidewalk, were each read and ordered placed on file. Mr. Tom Doyle of 2204 17th Avenue N. W. said he lived on the corner of 17th Avenue and 22nd Street and objected to the sidewalk as he felt it would interfore with the surface water flow and they had already had problems in this area. C. A. Armstrong, said he did not think sidewalk would affect the water flow in any way. Mr. Everett Swanson of 1613 22nd Street N. W. said they were concerned about the placement of the sidewalk, he said they have a boulevard of about 22 feet wide instead of 10 feet wide and if the sidewalk were placed at the foot of the property line they would have quite a wide boulevard. Mr. A. G. Gregerson of 2105 - 13th Avenue N: W. said there were only -two i home owners on the west side of 13th Avenue N.W. between 21st and 22nd Street N. W. and felt it would be very costly to them to install this sidewalk -as they would have -to do E landscaping to keep the appearance of their lots and therefore were opposed to it. There 1!1 was no one else wishing to be heard. President DeVries declared the hearing officially closed. A motion was then made by Brunnette, second by Perry, to proceed with the project; all voted in f avor. 1 E 1 1 • 0 Record of Official Proceedings of the" Common Council of the City of Rochester, Minn., March 17, 1969 16- 1 • 1 1 0, L Sidewalk Project #17-W-1969 west side 13 Ave.NW from 20 St.NW to 21 St. NW; worth side 23 St. NW from 11 Ave. NW to 12 Ave. NW; west side 11 Ave. NW from 13 Ave. NW to 23 St.NW; west side 11 Ave. NW from 23 St. NW to -Elton Hills Drive NW; west side 11 Ave. NW from Elton Hills Drive to Cascade°Street NW; A petition with 14 signatures opposing sidewalk on the west -side of 13th Avenue N. W. from 20th Street to 21st Street N. W. was read and ordered placed on file. Mrs. Roger Wickstrom of 2007 13th Avenue N. W. spoke in opposition saying this was a dead end street, there was no, off street parking, the school bus comes right in front and last year they had curb and blacktop put on and they had'not'yet paid for it, she said it shod ld be on)bides of the street. W . J. Ryan of 2205 llth Avenue said what Mrs. Wickstrom was taxhad nothing to do with their part of'the project: There was no one else wishiheard. President DeVries declared the hearing officially closed. A motion was thy Larson, second by Folkert, to proceed with the project; all voted in favor. Sidewalk Project #18-W-1969 Nally side Zumbro Drive NW from Elton Hills Drive NW to 28 St. NW; SEly side Zumbro Drive NW from Elton Hills Drive NW to 26 St. NW; Mr. Phillip Goplen of 735 Zumbro Drive said this street is about 4 blocks long and has a cul- de-sac at one --end and he did not think it very practical to put sidewalk here. Mr. Melvin Hicks of 719 Zumbro Drive said he did not think the construction of sidewalk was very consistent, on one side you are going to construct two blocks and -on -the other only -one, and he thought it should be done equallity either on one side or both or not at all, he also questioned if sidewalks were proposed to the Lutheran School if they needed sidewalk then he felt the sbhool did to. Dr.'Paul Mouchon of 611 Zumbro Drive said he was on the long side of the NWly side and thought if just a portion was to be built it should be built where the most traffic is, he said he wasn't opposed to sidewalk but'questioned where it was being put. Mr. Eddie LanQhus of 712 - 26th Street N. W. said he did not feel the traffic warrants .f u sidewalk at this time. Mr. Donald Farrell of 625 Zumbro Drive said there were four lots here; four corner lots so the City would have to pay one whole block in a two block area, he said I! across the street was a direct route and thought this is where the sidewalk should be. Mrs.'; Judy Powers of 704 Zumbro Drive, Mrs. Walter Tournat of 736 Zumbro Drive and Mrs.'Claude Magnant of 710 Zumbro Drive each spoke in opposition. There was no one else°wishing to be heard. President DeVries declared the hearing officially closed. A motion was then made by Postier, second by Brunnette, that this project be referred back to the Public Works !i Committee for further study and recommendation. Sidewalk Project #19-W-1969 Both sides of 12 Ave.NW from Elton Hills Drive NW to Cascade St._NW; East side 13 Ave.NW from Cascade St.NW south to sidewalk in place; West side 13 Ave. NW from Cascade St.NW south to sidewalk in place; East side 14 Ave. NW from Cascade St. NW south to sidewalk in place; Mr. Paul Gunderson of 2615 12th Avenue N. W. was present and presented a petition with 75% of the residents on the west side of 12th Avenue.N.W. opposing the sidewalk. 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, 0 1 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., March 17, 1969 voted in favor. Sidewalk Project #20-W-1969 West side 15 Ave.NW from Cascade St.NW•to 15 Ave.NW. (Or 30 St. NW); North side 29 St. -NW from 12 Ave. NW to 15 Ave.NW; West side 12 Ave. NW from Cascade St.NW to 29 St. NW; North side Cascade St. NW from 12 Ave. NW east to end of street; North side Cascade St. NW from 12 Ave. NW west to sidewalk in place; A petition with 17 signatures opposing sidewalk on the west side of 15th Avenue N.W. from Cascade Street N. W. to 15th Avenue N. W. and a petition with 6 signatures opposing sidewalks in the Elton Hills 8th Subdivision, west side of 12th Avenue N.W. from Cascade Street to 29th Street N. W. were each read and ordered placed on file. Mr. LeRoy Pederson of 1303 - 29th St. N. W. wondered if with the magnitude of these projects if they could not be bid in a group and thereby making the cost less than 3.30 per foot. C. A. Armstrong said the projects were bid separately but that did not mean that one contractor could not bid on all of them. Mr. Maurice Cornelison of 1313 - 29th Street N. W. said if the sidewalk were constructed on the north side of this street it would mean that children going to school would have to cross 5 streets but if it were installed on the east side of 15th Avenue and 1 south side of 29th Street they would only have to cross 3 streets and if safety is the keynote then the PTA's should have presented such a plan, he said if funds are as grim as said a little more investigation should be put forth to utilize the funds. Mr. Charles Bolin of 2908 - 16th Avenue N. W. said this plan ends at a dead end and was opposed to it. Mr. :!Richard Leach of 2831 - 12th Avenue N. W. said he had the problem of access to his garage ;this would be destroyed completely if the sidewalk were irg alled and inquired is 25% ropposition does not constitute enough to eliminate this project. R. V. Ehrick said the: li ('Council initiated this project and with a 5/7 vote of the Council they could proceed, the petition of protest has no effect. Mr. Buddy Swander of 1319 29th Street N. W. said.he did not think sidewalk was needed as proposed and thought it was very unncessary. There was no one else wishing to be heard. President DeVries declared the hearing officially closed. A ,motion was made by Brunnette, second by Folkert, to proceed with the project with the exception of (a)west side of 15th Ave. NW.f rom Cascade St. NW to 15 Ave. NW (b) north side of 29Eh St. NW from 12 Ave. NW. to 15 Ave.NW and (c) west side of 12th Ave NW from Cascade St. NW to 29 St. NW and these three items be referred back to the Public Works Committee for 'for further consideration and recommendation; all voted in favor. Sidewalk Project #21-W-1969 East side 18 Ave.NW from Cascade St. NW to 33 St. NW; South side 28 St. NW from 18 Ave. NW east to sidewalk in place; There was no one present wishing to be heard. President DeVries declared the hearing officially closed.- A motion was then made by Brunnette, second by Folkert, to proceed with the project; all voted in favor. Sidewalk Project #22-W-1969 West side 18 Ave. NW from 33 St. NW to 40 St. NW; West side 19 Ave. NW from 33 St. NW to 37 St. NW; north -side 37 St. NW from 18 Ave. NW to 19 Ave. NW; _BXA, Ethel Oeleke of 1803 35th Street N. W. said the house faces on 35th St. and would like to know if she has to have sidewalk put along her lot and all the other lots are empty; she C� • 1 1 0 said there is still about � from the middle of the street that is still not plowedout from Record of Official Proceedings of the Common Council of the City of Rochester, Minn., March 17, 1969 snow; there are 9 houses in a two block area across the street, there is a school bus comes down 18th Avenue and goes down 35th Street the children are left out on the corner and none of them come up their way; she said she thought the sidewalk should be put on the east side there are no houses facing the north on 37th Street, the house on 38th faces 38th Streets instead of 18th. There was no one else present wishing tobe heard. President DeVries declared the hearing officially closed. A motion was then made by Brunnette, second by Perry, to proceed with the project; all voted in favor. Sidewalk.Project #23-W-1969 North side 4 Place NW from 36 Ave.NW west to end of present street; • South side 4 Place NW from 36 Ave.NW west to end of present street; A protest with 19 signatures was read and ordered placed on file. Mr. Robert Hague of 3833 4th Place N. W. said he had a blacktop driveway poured and when this was done the stakes were put in by the City Engineer's Department and now if the sidewalk was put in the driveway would not be on the right grade and wondered if something could be done. C. A. Armstrong said the City has no control over bituminous driveways. Mr. Hague said they were on a dead end street and said he was in favor of sidewalk but would like drive approaches and curb and gutter first. Mr. Austin Jorgenson of 3725 4th Place N. W. said there were many cars on this street and he was in favor of the sidewalk being constructed. Mr. Robert Sullivan of 4004 I� 4th Place N. W. said he lives on the end of the dead end street and if sidewalks were ? completed from 36th to 40th Street with what the rise is, this.sidewalk would be nothing but 11 I� a concrete roller coaster. Mr. Albert Aikens of 3609 4th Place N. W. said they live right 11 t i iacross from the school and would a lot rather have their children and other children playing and falling on a sidewalk than out on the street. Mr. Henry Martens of 3915 4th Place N. W. I said he had no objection to the sidewalk but would like to see the curb and gutter installed at the same time. Mr. Ernest Bakke of 3923 4th Place N. W. wondered why sidewalk was put on both sides of the street here and other places in the City only on one side, basically he said he was in favor and thought it would be of great benefit. C. A. Armstrong said the reason it was on both sides here was because there had been petitions presented on both sides. There was no one else wishing to be heard. President DeVries declared the hearing officially +� closed. A motion was then made by Ellison, second by Perry, to proceed with the project; all voted in f avor. . A short recess was held at 11:50 P. M. The meeting was called to order again at 12:00 P. M. midnight with all members being present. Hearing on street improvements on loth Street S. E. west of 15th Avenue S. E. There was no one present wishing to be heard. President DeVries declared the hearing officially closed. A motion was then made by Brunnette, second by Larson, to proceed with the project; all voted in favor. Hearing on proposed assessment for reconstruction curb and gutter and widen roadway on 5th Avenue S. W. from 2nd to 3rd Street S. W. There was no one present wishing to be heard. President DeVries declared the hearing officially closed. A motion was then made by Brunnette, second by Larson, to proceed with the assessment; all voted in favor. i 172- Record of Official Proceedings of the --Common Council of the City of Rochester, Minn., March 17, 1969 • 0 Hearing on proposed assessment for regradingand repaving the east -west alley in Block 14, Haed & McMahon's Addition, west of 5th Avenue S. W., including revising sidewalk grades on the west side of 5th Avenue S. W. between 2nd Street and 3rd Street S. W. and on the south side of 2nd Street S. W. between 5th Avenue and 6th Avenue S.W. There was no one present wishing to be heard. President DeVries declared the hearing officially closed. A motion was then made by Folkert, second by Brunnette; to proceed with the assessment; all voted in favor. The Mayor's appointment of Donald R. Saunders of 2326 - 16th Avenue N. W. to the Planning and Zoning Commission, term of office to expire December 31, 1970 (Mr. Saunders will fill the unexpired term of Thomas Healy who resigned) was read and upon motion by Perry, second by Folkert, and all voting in favor, the appointment was confirmed. A letter from the Rochester Airport Commission recommending that the Mayor and City Clerk be authorized to execute the Grant Agreement with the Federal Aviaition Adminis- tration for Rochester Municipal Airport Project No. 9-21-076-C911, offering Federal Funds in the amount of $445,997 on behalf of the City of Rochester, was read and upon motion by Folkert, second by Postier, and all voting in favor, the recommendation was approved. A letter from the Rochester Airport Commission recommending that the Mayor and Ij City Clerk be authorized to execute the contract supplement with the Federal Aviaition Administration to Contract No. FA67CE-4023 dated November 12, 1966 changing the boundaries of the Localizer Transmitter at the Rochester Municipal Airport, this contract supplement is necessary due to the Airport Construction this coming summer, was read and upon motion by Perry, second by Folkert, and all voting in favor, the recommendation was approved. A letter from the Board of Park Commissioners stating that they had reviewed the street widening plan for 2nd Street S. W., it does seem essential that -most -boulevard trees be removed in accordance with these plans, most of the remaining trees are old, diseased, deformed and costly to maintain; it is their opinion that (1) all trees in the boulevard from 5th Avenue to llth Avenue S. W. be removed with the exception of a limited number of very healthy and desirable trees (2) that a uniform planting of hard maplex, trees be substituted along the entire project and (3) that the boulevard tree planting be included in conjuction with bids on the entire 2nd Street S. W. development project, was read. Upon motion by Postier, second by Ellison, and all voting in favor, the letter was referred to the Public Works Committee. A letter from the Board'of Park Commissioners requesting that the present dumping grounds, exclusive of the Sewage Disposal Plant -area, be considered for future park development, with the possibility of vacating this area as a dumping ground during the next year or two, it seems as though it would lend itself to use for athletic f ie-lds, hiking trails along the Zumbro River and to serve as a buffer between the Sewage Disposal Plant any any other possible development in the area, was read. Upon motion by Folkert, second by Perry, and all voting in favor, the letter was referred to the Planning & Zoning Commission. 1 • 1 1 0 1 U Record of Official Proceedings of the -Common Council of the City of Rochester, Minn., March 17, 1969 1'73 1 s 1 1 A letter from the Fire Civil Service Commission submitting three proposed to the Civil Service Rules and Regulations (amendments No. 1 and 3 are merely adoption of' the current policy with regard to residence requirements and retirement and amendment No. 2 provides for dual service ratings for four positions in the Fire Department that have dual responsibilities) was read and upon motion by Folkert, second by Brunnette, and all voting in favor, the letter and amendments were referred to the Personnel Advisory Committee. A letter signed by Armin Scheule requesting permission to use audio equipment at the Education of Southeatern Minnesota Rally in the theatre section of the Mayo Civic Auditorium in the event of an overflow crowd, was read. Upon motion by Perry, second by Brunnette, and all voting in favor, the request was denied. A'notice from the Public Service Commission granting the petition of the Chicago and North Western Railway Company for authority to abandon and remove 345 feet of their t track located within their station grounds at Rochester, Minnesota and a notice of a hearing before the Public Service Commission in the matter of the application of Jefferson Lines, Inc. for an order authorizing and approving the discontinuance of service to Wanamingo, Minnesota, were each read and ordered placed on file. A motion was made by Perry, second by Ellison, instructing the City Clerk to put a notice of a public meeting in the theatre section of the Mayo Civic Auditorium to be held at 7:30 P. M. on March 27, 1969 for the presentation of the Flood P1aim Information Report as prepared by the Department of Army, St. Paul District, Corps of Engineer in the Post Bulletin; all voted in favor. The following letter from Oliver H. Beahrs, M. D., Total Community Development Action Committee on Flood Control, was read and ordered placed on file: Honorable Mayor and Members of the City Countil City of Rochester Rochester, Minnesota During the past.year the Action Committee on Flood Control of the Total Community Development program has considered several available mechanisms for accomplishing the flood control plan (Plan 7) for the South Zumbro Watershed. With this letter we would like to offer you the benefit of some of our study and our thinking. The Minnesota Watershed Act permits setting up watershed districts or independent political units under the control of a board of managers. Such a district, once established, would become an autonomous unit, having taxing and other powers to carry out its purposes. Approximately 20 such districts now exist in Minnesota. The disadvantage of this approach is that it sets up still another government unit with autonomy and without direct responsibility to the sponsoring agents of - the South Zumbro Watershed. Through the Minnesota Drainage Act, the county board can take the initiative to carry out'�.the flood control plans. This would not then set up another unit of government and the responsibility would be with one of the sponsoring agents. The only disadvantage of this approach would be that federal funds would not be available for the development of recreational facilities as part of the flood control program. At the present time, a proposed law is being considered by the Minnesota State Legislature which would permit the Soil Conservation District and the County Board, jointly -to accomplish a program of flood control, and at the present time it appears that this law may be enacted. Under its provisions the programs in Plan 7 could be accomplished, including the recreational parts. It is the recommendation of this committee that the sponsoring agents for the South Zumbro Watershed proceed under the proposed law if it is enacted and, it not, then under the provisions of the Minnesota Drainage Act. If this committee can be of any further help to you, please feel free to call on us. Very truly yours, /s 0. H. BEAHRS 9 1. 74 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., March 17, 1969 • Mr. Pete Canellos, Civil Defense Director, was present and said he felt the recommendations in Dr. Beahrs letter should be supported and would present the bills when they are received. The following report from C. A. Armstrong, City Engineer regarding Flood Protection Measures was read: Gentlemen: In accordance with your directions of March 10, I have conferred with the representative of the Corps of Engineers, and submit for your consideration the following locations at which some pre -flood protective measures would provide some degree of protection to several areas in the City which have been flooded in previous river overflows. 1. An earthetn dike along the west line of Graham Addition S.W, from Trunk Highway 14-52 (12 St. S.W.) to approximately 2000 feet South. This dike would tend to prevent the overflow of the Zumbro River from continuing east and north across the Graham Addition, the Crossroads Center, and the residential neighborhood lying north of 12 St. along 3 & 4 Ave. S.E. IA. An earthen or sandbag dike along the north shoulder of TH 14-52 (12 St. S.W.) from near 3 Ave. S.W. to the South Broadway Intersection to prevent the possibility of flood water in the Municipal Golf Course backing up over the highway at this low section. Also plug the culverts and storm sewer under TH 14-52 as far north as the golf course. 2. A sandbag dike along the back yards of the residences on the west bank of the Zumbro (along 7 Ave. S.W. and Memorial Parkway) from TH 14-52'as far north as the golf course. Also a short earthen dam along the west side of #4 fariway at the low spot of the back yards of the residences fronting on 11 St. S.W. and Memorial Parkway. 3. An earthen dike along the east bank of the Zumbro from the north side of 4 St. S.E., northeasterly across 3 St. S.E. and the lot'north of 3 St. This dike should also be faced with polyetheline and sandbags. 4. An earthen dike along the south side of 8' St. S.E.'(north side of Bear Creek) between 11 Ave. and 12 Ave. S.E. 5. An earthen dam across the low land just west of Hwy 52,.between Hyw 14 and the railroad tracks (Cascade Creek area) to prevent the excess floodwater from continuing eastward along the railroad ditch into the 11 Ave. and 6 St.N.W. area. These are projects which it appears possible to accomplish within the next week and which will give a measure of relief to specific areas. They will not prevent the general overflow of the river or creeks, nor will they provide any relief to the many other locations subject to flooding. If you wish this Department to proceed with these measures, I request that you have the Council authorize it for the record to relieve the department employees of personal liability for claims that may arise from the operations or its effects. Your authorization or other directions before entering onto the private properties involved are also requested. Yours truly, C. A. Armstrong A motion was made by Perry, second by Ellison, that the above be adopted as the plan for Flood Protection Measures; all voted in favor. A resolution requesting the U. S. Army Corps of Engineers to furnish assistance in flood emergency preparation and in flood fighting and rescuer operations and that in consideration of such assistance the Common Council agrees to (1) provide without cost to the United States all rights -of -way necessary for preparing for the flood emergency and in flood fighting; (2) hold and save the United States free from damages due to this work and (3) at its own cost remove, repair and restore as appropriate all works undertaken by the United States; and that the Mayor oft-,thd City of Rochester be authorized to come into agreement with the Corps of Engineers as to the means of supplementing the local flood emergency preparation and flood fighting and rescue operations, was read. A motion was then made by Ellison, second by Folkert, and all voting favor, that the said resolution be adopted as read. Resolutions adopted by the Public Utility Board (a) requesting authorization to 1 • 1 0 1 9 Record of Official Proceedings of the Common' Council of the City -of Rochester, Minn., March 17, 19.69 r 175) enter into purchase order contract with Crescent Electric Supply Company for furnishing cable ($9,282.00); (b) requesting authorization to enter .into purchase order contract with K & K Electric Company for 84 street light standards ($18,045.32); (c) requesting authorization to enter into purchase order contract with The Judd Company for one transformer ($3,985.00); (d) requesting authorization to enter into a purchase order contract with Crescent Electric Company for furnishing three transformers ($6,013.00) were each presented and upon motion by Ellison, second by Brunnette, and all voting in favor, the same were approved. A resolution adopted by the Public Utility Board requesting that $149,715.63 be appropriated to Rochester State Bank for purchase of U. S. Treasury Bills for the Electric Department Depreciation Reserve, was read and upon motion by Folkert, second by Brunnette, and all voting in favor, the resolution was approved. A resolution adopted by the Public -Utility Board stating -it -has undertaken and is i proceeding with a program to improve and enlarge the City's electric utility plants and system -to increase its efficiency and to meet existing and anticipated demands for electrical energy and requesting that the Council concur in their findings and determination and proceed to borrow the additional funds needed to complete the project, was read.. Upon motion by i Perry, second by Ellison, and all voting in favor, the resolution was approved and the City Attorney instructed to prepare a resolution authorizing same. The claim of injury from a fall on the sidewalk -of Dolores Laivell was read and upon motion by Folkert, second by Ellison, and all voting in favor, the claim was referred to the City Attorney. The following petitions and applications were each presented and upon motion by i Folkert, second by Ellison, and all voting in favor, the same were referred to the Planningll and Zoning Commission: (a) letter from Johnson, Drake & Piper, Inc. opposing annexation of land which lies easterly of Country Club Manor, westerly of Cascade Creek, southerly of the City of Rochester easement which goes east and west approximately on the line of 3rd St. N.W. and County road to the south. (b) application for final plat approval of Hutchings Second Replat. (c) application for final plat approval of Northern Hills First Subdivision (d) application for preliminary plat approval of Elton Hills Sixth Subdivision (6) application for final plat approval of Elton Hills East 5th Subdivision (f) application for final plat approval of Meadow Park Seventh Subdivision i (g) application of Marc Carpenter for annexation of land in Section 28-107-14 (h) application of Marc Carpenter for community development project (i) application of Marc Carpenter for zoning districting change (j) application of Rodney Young and Paul Hrusha for zone change on properties at 1016, 1022, 1028, 1034, 1040 and 1046 on 14th Ave. S.W. from R-1 to R-4 (k) application of Donald Fimon for variance on property located at 222-8th St.N.W. (1) petition of Johnson, Drake & Piper, -Inc. to vacate parts of Lots 27 and 28, Block 14, Country Club Manor 2nd Addition (m) application of Stanley and Nancy Raddatz to vacate part of 9k Ave. N.W. southerly of a line extending from N.E. corner of Lot 23, Replat of Outlot 41, Elton Hills East First Subdivision (n) application of Emrold Theim for variance on property at 800 First Ave. S.W. (o) application for plat approval of -final plat of Country Club Manor 7th Subdivision (p) petition of Paul Kreter to vacate a portion of 9th Avenue N.W. beg. at corner of 9th Ave. N.W. and 8k Ave. N.W. and running south to a pt. in line with the rear of Lot 14, Block 1, Kreter's Replat. A letter from State of Minnesota, Department of Highways submitting copies of agreement No. 56035 covering installation of an actuated signal with mast -arm indicators and street lights at the intersection of T. H. 14 and Memorial Parkway, was read and upon :176 Record of Official Proceedings of the 'Colnlnon Council of the City of Rochester, Minn., March 17, 1969 • motion by Perry, second by Postier, and all voting in favor, the letter and agreements were referred to the Public Works Committee. A petition with 20 signatures opposing the zone change of property at 913-915 4th Street Southeast from R-3 to B-la District was presented and ordered placed on file. A letter from the County Highway Engineer submitting two copies of the maintenance agreement form covering the maintenance of County State Aid Highways Nos. 1, 2, 4, 22, 33 and 34 and County Road "D" in the City of Rochester for the year 1969, was read and upon motion by Perry, second by Postier, and all voting in favor, the letter and agreements were referred to the Public Works Committee. The recommendation of the Planning and Zoning Commission stating that they had reviewed the petition to change the zoning districting on the Graham Property on the west side of 3rd Avenue S. E. between 8th Street S. E. and 9th Street S. E. from the R-2 District to the M-1 District and recommend that this petition be denied. A petition with 34 signatures opposing the proposed rezoning was read and ordered placed on file. Mr. John Gowan, Attorney representing the petitioner was present and requested that this matter be tabled until the next meeting of the Council as one of the owners that wished to be heard was out of town. Alderman Perry said he did not think this should be tabled, it would not be fair to a new Council to have to decide on this when the present Council has been working on it already for a year or more. Alderman Postier said he felt the City was morally bound to accept and approve these plans, he said the City had investigated acquiring this property for possible municipal use and now as long as the City did not want it he thought it should be approved, he also said that Mr. Tom Moore, Planning Director had recommended that this be approved and he felt the advise of the department heads should be supported. Mr. Dennis Peterson, said this property was located very close to the down town area and he thought if the City was going to allow shopping >centers that close to downtown they would have trouble developing the downtown area. A,motion was made by Perry, second by Ellison, that the recommendation of the Planning & Zoning Commission be accepted and the zone change be denied; upon roll call Brunnette, Ellison, Folkert, Larson, Perry and DeVries voting "aye" and Postier voting "nay", the motion was carried and the zone change denied. The recommendation of the Planning and Zoning Commission stating that they had reviewed the preliminary plat of Indian Heights Third Subdivision and recommend that it be granted preliminary approval subject to (1) a public street access be providd in the vicinity of Lot,13 to the west line of this plat (2) a public street access be provided through Outlot B to provide street access to the property to the north (3) acceptance of the street intersection at 19th Street N. W. by the City Engineer (4) right-of-way for a cul-de-sac should be provided at the west.end of 19th Street N. W. (5) utility easements be provided as requested by the utility companies (6) street names be designated (7) a 15 foot sidewalk and utility easement be provided between Lots 23 and 24, Block 1 (sidewalks would be recommended to be installed as part of their consideration of the final plat) was read. • 1 1 0 1 0 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., March 17, 1969 1'7 ----tt--. A copy of the proposed plat was presented and the owner and developer, Mr. Robert Springer was present, he said he had tried.to purchase the abutting property so that he could extend the street but had been unsuccessful. Upon motion by Brunnette, second by Larson, and all voting in favor, the plat and recommendation were referred to the Public Works . .Committee for study and .possible revision of street plan or layout. The recommendation of the Planning &Zoning Commission stating that they had reviewed the petition to change the zoning districting on Lots 18 and 19, Block 5, Elm Park Addition from the R-1 District to .the B-lb District (N.E. corner of 12th St. S.E. and Sth • Avenue S.E.) and find that this petition is not in accord. with the City's Adopted Land Use Plan, the land use plan .indicated this area as being best suited for general residential use and not for commercial use; based on these findings, they recommend that this petition be denied, was read. They also pointed out that a petition of protest has been filed against the change of zoning and this petition of protest is valid; they also have instructed the City Planning Department to evaluate the future land use needs along all of 12th Street S. E. and to make a report of their recommendations within the next two months.. Upon motion by Perry, second by Ellison, and all voting in favor, the recommendation of the Planning & �I Zoning .Commission was approved and .the zone change denied. II i The recommendation of the Planning & Zoning Commission stating that they had ij reviewed the .application to sell travel trailers on Lots 14. and 15, Block 1, Knollwood Acres (west side of.U. S. 63 south between 20th Street S.W.. and 21st Street S.W.) and find � that this proposed use would not be objectionalbe in this general area and theref ore, �� ti recommend that the sale of travel trailers be permitted as an outside sales areas onthis ;! property, was read. Upon motion by Ellison, second by Postier, and all voting in favor, the recommendation was accepted and permission granted to sell travel trailers on this property. The recommendation of the Planning & Zoning Commission stating that they had reviewed the application for approval of a conditional use to construct a well pumphouse and elevated water storage tower at the S. E.. corner .of U. S. 52 and U. S. 14 Interchange in S. W. Rochester. and find these uses to be acceptable in this area and recommend that this iapplication be granted approval, .was read. Upon motion by Ellison, second by Brunnette, 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 City accept the dedication from I.O.I. for the future roadway right-of-way in E'�NW'� Section 28, Cascade Township through the Hendrick farm in the I.O.I. General Fireproofing Industrial tract, was. read. Upon motion by Postier, second by Folkert, and all voting in favor, the recommendation was approved and the City Attorney instructed to prepare a resolution accepting the said dedication. The recommendation of the Public Safety Committee that the application of James C. Anderson dba Jim's Ranch Market at 1811 Second Street S. W. for a license to sell, at retail, non -intoxicating malt liquor off -sale be approved was read and upon motion by • i, 1► 11 t. v Record of Official Proceedings of the 'Corninon Council of the City of Rochester, Minn., March 17, 1969 Ellison, second by Postier, and all voting in favor, the recommendation was accepted and it was ordered that the license be issued. The recommendation of the Public Works Committee that the bid of Littrup Nielson, Inc. in the amount of $13,699.00 for construction of a sanitary sewer and water main extension on the west side of T. H. 63 from 16th St. S.W. to vacated 17th St. S.W. be accepted at the unit prices bid and checks be returned to the unsuccessful bidders, was read and upon motion by Larson, second by Perry, and all voting in favor, the recommendation was approved. The recommendation of the Public Works Committee that the bid of Doyle Conner Company in the amount of $283,239.05 for construction of the widening, repaving and partial sidewalk replacement on 2nd Street S. W. from 5th to llth Avenue S. W. be accepted at the unit prices bid and checks be returned to the unsuccessful bidders, was read and upon motion by Perry, second by Postier, and all voting in favor, the recommendation was approved. The contract bond of Selby Truck Sales in the amount of $12,795.00 with Fidelity and Deposit Company as surety was read and upon motionby Perry, second by Postier, the bond was approved. The applications for "on sale" intoxicating liquor license of Warrior of Rochester Company; Depot House, Inc; Skyways of Rochester, Inc.; Town House of Rochester, Inc.; Hotel Carlton; Sonor Hotel Corporation; Tropic Lounge, Inc.; Sheroc Corporation; The Kahler Corporation; Hollywood Bar, Inc.; The Normandy Bar; Michaels Supper Club, Inc.; Louie's Bar; Roxy Bar, Inc.; G & A Grubb, Inc.;. the Old Heidelberg; and applications for Club On Sale Liquor License of B.P.O. Elks Lodge No. 1091, Inc.; Fraternal Order of Eagles, Aerie #2228 Inc.; American Legion Club; AFL-CIO Union Club; V.F.W. Whitlock Sonnenberg Post 1215; were each read and upon motion by Postier, second by Folkert, and all voting in favor, the i`. F applications were approved and the City Clerk instructed to issue the licenses. The license bonds each in the amount of $3,000.00 of Hotel Carlton with United States Fidelity and Guaranty Company as surety; Skyways of Rochester, Inc. with Northwestern iNational Insurance Company as -surety; V. F. W.• Whitlock Sonnenberg Post #1215 with Fidelity j and Deposit Company of Maryland as surety; Hollywood Bar, Inc. and B.P.O.E. Lodge #1091 with ij Western Surety Company as surety; AFL-CIO Union Club, Inc., Depot House, Inc. and Roxy, Inc. 'i I' with Hartford Accident and Indemnity Company of Connecticut as surety; Sonor Hotel Corporation and The Kahler Corporation with the Fidelity and Casualty Company of New York as surety; I• Warrior Company, Inc., Tropic Lounge, Inc.,:.Fraternal Order of Eagles Aerie #2228 and American Legion Club with Westchester Fire Insurance Company of New York as surety.; Sheroc Corporation with Universal Surety Company as surety; Aetna Casualty & Surety Company as surety for the Old Heidelberg; and Town House of Rochester, Inc., Normandy Bar, Louie's Bar, Inc. and G & A Grubb Inc. dba North Star Bar with State Surety Company, Des Moines Iowa as surety, were each read and upon motion by Postier, second by Folkert, and all voting ..in favor, the bona were approved, the surety thereon accepted and the bonds were ordered placed on file. A motion was made by Perry, second by Folkert, and passed unanimously, that the semi- 1 • 1 1 • 1 0 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., March 17, 1969 1�9 1 • 1 1 is 1 monthly bills in the amount of $236,913.50be approved. A motion was made by Larson, second by Perry, that the following resolutions be adopted in block, all voted in favor. A motion was then made by Larson, second by Folkert, that the said resolutions be adopted as read and all voting in favor, President DeVries declared the said resolutions duly passed and adopted: Resolution accepting Grant Agreement dated February 28, 1969 for Rochester Municipa Airport, Project No. 9-21-079-C911 and Contract No. DOT-FA-69-CE-3851 and authorizing Mayor and City Clerk to execute same. Resolution authorizing Mayor and City Clerk to execute the contract supplement with the Federal Vaiation Administration to Contract No. FA67CE-4023 changing the boundaries of the Localizer Transmitter at the Rochester Municipal Airport. Resolution accepting substitution of collateral by Rochester State Bank. Resolution requesting Minnesota Department of Highways for needed engineering and technical services during 1969. Resolution adopting assessment for -reconstruct curb and gutter and widen roadway on 5th Avenue S. W. from 2nd to 3rd Street S. W. Resolution adopting assessment for regrading and repaving of the east -west alley in Block 14, Head & McMahon's Addition, west of 5th Avenue S. W. including revising sidewalk grades on the west side of 5th Avenue S. W. between 2nd Street and 3rd Street S.W. and on -the south side of 2nd Street S. W. between 5th and 6th Avenue S. W. Resolution authorizing Public Utility Board to enter into a purchase order contrac with Crescent Electric Company for transformers ($6,013.00). Resolution authorizing Public Utility Board to enter into a purchase order contract' with K & K Electric Company for 84 street light standards ($18,045.32). Resolution authorizing Public Utility Board to enter into purchase order contract with Crescent Electric Supply Company for cable ($9,282.00). Resolution authorizing Public Utility Board to enter into purchase order contract with The Judd'Company for transformer ($3,985.00). Resolution authorizing Public Utility Board to purchase $149,715,.63 U. S. Treasury Bills from Rochester State Bank. Resolution declaring cost to be assessed and ordering preparation of proposed assessment for sidewalk approaches to Robert Gage School - 1968. Resolution ordering a hearing on the proposed assessment for sidewalk approaches to Robert Gage School - 1968. Resolution accepting bid of Littrup Nielson, Inc. for sanitary sewer and water main extension on the west side of T. H. 63 from 16th Street S.W. to vacated 17th St. S.W. Resolution accepting bid of Doyle Conner Company for widening, repaving and partial. sidewalk replacement on 2nd Street S. W. from 5th to llth Avenue S.W. Resolution accepting bid of Rochester Sand & Gravel for furnishing washed sand and. is pit run gravel and the bid of.Quarve & Anderson Company for furnishing crushed rock. Resolution accepting bid of Northwestern Refining Company for furnishing road oil 1� Record of Official Proceedings of the 'Common' Council of the City of Rochester, Minn., March 17, 1969 • and cutback asphalt. An Ordinance amending an ordinance entitled "An Ordinance for the purpose of �I promoting health, safety, order, convenience, and.general welfare by regulating the use of land, the location, size, use -and height of buildings.on lots, and the density of popubtion i! within this City of Rochester, Minnesota, all in accordance with a comprehensive plan (changing !` Lots 6, 7 and 8, Auditor's Plat "D" to M-1 Light Manufacturing District), was given its first !I reading. An Ordinance annexing to the City of Rochester, Minnesota certain unplatted land in the Southwest Quarter of Section Twenty -Six, Township One Hundred Seven North, Range �' • f� Fourteen West, Olmsted County, Minnesota, which is completely surrounded by land within the �! Municipal limits of the City of Rochester, Minnesota., was given its first 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 second reading. Upon motion by Ellison, second by Ij Brunnette, and upon roll call and all voting in f avor,,the rules were suspended and the ordinance was given its third and final reading. A motion was then made by Brunnette, second i 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. An Ordinance amending an ordinance entitled, "An Ordinance for the purpose of j promoting health, safety, order;.convenience and general welfare by regulating the use of land, the location, size, use and.height of buildings on lots, and -the density of population within this City of Rochester, Minnesota, all in accordance with a comprehensive plan (changing that part of NE'k NE'k Section 3 and that part'of Nk of the NW'k Section 34-107-14 which lies :south of 7th St. N.W. north of C.N.Ry. Co. tracks and west of C.G.Ry. Co. tracks to M-2 ral Manufacturing District) was given its first reading. An Ordinance amending an ordinance entitled, "An Ordinance for the purpose of ing health, safety, order, convenience and general welfare by regulating the use of land, the location, size, use and height of buildings on lots, and the density of population within this City of Rochester., Minnesota, all in accordance with a comprehensive plan (changing the st 77 feet of Lots 2 and 3 and the East 15 feet of Lot 4 less South 103 feet thereof, Block Morse & Sargeant's Addition to B-la Neighborhood Business District) was given its first ading. An Ordinance annexing to the City of Rochester, Minnesota, certain unplatted lands in the Southeast Quarter of Section Twenty -Five, Township One Hundred Seven North, Range Fourteen West, Olmsted County, Minnesota, which are completely surrounded by land within the icipal limits of the City of Rochester, Minnesota (Gambill and Whelan property) was given its first reading. Resolution requesting Minnesota State Highway Department to prohibit parking at all times on both sides of thewest frontage road from 22nd Street Northwest to the off ramp ;. jentrance from State Trunk Highway No. 52 to said west frontage road, all in the City of Rochester. • 'Upon motion by Postier, second by Brunnette, resolution adopted. Is Record of Official Proceedings of the Common 'Council �- ' of the City of Rochester, Minn., March 17, 1969 • �u 1 • 1 Resolution amending the resolution establishing parking, truck loading, passenger loading, parking meter regulations and provisions, primary and one-way streets and alleys, as follows: (1) Paragraphs (130) and (142) of Section B, No Parking Zones, Streets, are hereby.amended so as to read in their entirety as follows: - (130) llth Avenue Northwest on the east side of the street from Center Street to loth Street Northwest•at all times, and from loth Street Northwest to 14th Street Northwest between the hours of 7:00 A. M. and 6:00 P.•M..on week days only. (142) 14th Street Northwest on both sides of the street from llth Avenue Northwest to Trunk Highway No. 52 (except on the south side of the street from 13th Avenue Northwest to a point 80 feet, more or less, east of 13th Avenue Northwest and from the west driveway to John Marshall High school to a point 750 feet, more or less, west of said driveway) between the hours of 7:00 A. M. and 5:00 P. M. on school days only. (2) Section B, No Parking Zones, Streets, is hereby amended by adding thereto paragraphs (142.4), (142.7) and (143.5) to read in their entirety as follows: (142.4) 14th Street Northwest from the west driveway to John Marshall High School to a.point 30 feet,. more or less, west of said driveway, at all times. (142.7) 14th Street Northwest on the south side of the street from 17th Avenue Northwest to a point 50 feet, more or less, east of 17th Avenue Northwest, at all times. (143.5) 14th Avenue Northeast on the west side of the street from Second Street Northeast to a point 50 feet more or less, south of Second Street Northeast, at all times. (3) Section E, Passenger Loading Zones, is hereby amended by adding thereto paragraph (81.5) to read in its entirety as follows: .(81.5) 14th Street Northwest on the south side of the street from a point 30 feet, more or less, west of the west driveway to John Marshall High School to a point 750 feet, more or less, west of said driveway, between the hours of 7:00 A. M. and 5:00 P. M. on school days only. Upon motion by Perry, second by Larson, resolution adopted. Resolution approving resolution adopted by Public Utility Board in re to their program to improve and enlarge the City's electric utility plants and system to increase its efficiency and to meet existing and anticipated demands for electrical energey and determining to proceed to issue bonds for the purpose of borrowing funds in accordance with the findings and determinations contained in said resolution. Upon motion by Perry, second by Larson, resolution adopted. Resolution accepting permanent easement for street purposes and utility purposes granted by Industrial Opportunities, Inc. Upon motion by Perry, second by Ellison, resolution adopted. Resolution authorizing construction of a well pump house and elevated storage tower as a conditional use . Upon motion by Brunnette, second by Larson, resolution adopted. Resolution designating various streets as Municipal State Aid Streets of the City of Rochester, subject to the approval of the Commissioner of Highways, State of Minnesota. Upon motion by Larson, second by Ellison, resolution adopted. Upon motion by Perry, second by Postier, and all voting .in favor, the meeting was adjourned until 12:00 o'clock noon on Friday, March 21, 1969. City Clerk 0