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HomeMy WebLinkAbout05-05-1969F'228- Record of Official Proceedings of the Common Council of the City of Rochester, Minn., May5 , 1969 Minutes of a regular meeting of the Common Council of the City of Rochester, Minnesota, held in the Council Chambers in the City Hall, in said City, on May 5, 1969. President DeVries called the meeting to order at 2:00 o'clock P. M., the following members being present: President DeVries, Aldermen Cherland, Folkert, Larson, Ludowese, Postier, Strain. Absent: None. Upon motion by Folkert, second by Postier, the minutes of the meetings of April 21, 1969 and May 1, 1969 were approved with the following corrections - April 21st meeting on page 3, line 16 the word "Allendale" was misspelled and on last page, line 21 it should read to Sixth Street Southwest instead of Southeast; -all voted in favor. A resolution adopted by the Public Utility Board setting salaries for various positions was presented. President DeVries said that in approving this resolution it would be approving salaries for 102 positions at 5% for the first six months and 7% for the last six months with an extra 2% for ten foremen. A motion was made by Folkert, second by Strain, that this be tabled until 7:30 o'clock P. M.; all voted in favor. The appointment by Mayor Day of Kenneth Delmer Chase of 1303 Third Avenue S. W. to the position of patrolman on the Rochester Police Department, date of employment to commence May 21, 1969, was read. Upon motion by Postier, second by Ludowese, and all voting in favor, the appointment was approved. The appointment by Mayor Day of Mrs. Leonard Sankstone of 4010 Third Street N. W. as a member of the Community Relations Commission, term of office is for three years and expires May 1, 1972, was read and upon motion by Cherland, second by Folkert, and all voting in favor, the appointment was approved. The appointment by Mayor Day of Mrs. John McGuire of 1678-25th Avenue N. W. as a member of the Community Relations Commission, term of office to be for three years and expire May 1, 1972 (Mrs. McGuire will replace Dr. Neal Krupp who declined reappointment due to other commitments) was read. Upon motion by Cherland, second by Strain, and all voting in favor, the appointment was approved. The appointment by Mayor Day of Reverend Wesley E. Ewert of 1432 Meadow Lane as a member of the Community Relations Commission, term of office to be for three years and expire May 1, 1972, was read. Upon motion by Ludowese, second by Strain, and all voting in favor, the appointment was approved. The appointment by Mayor Day of Dr. Milton W. Anderson of 822 - 9th Avenue S. W. and Dr. Malcolm K. Campbell of 723 - 10th Street S. W. as members of the Housing Board of Appeals, term of office to be for two years and expire April 1, 1971, was read. Upon Upon motion by Folkert, second by Strain, and all voting in favor, the appointment of Aldermen Ludowese, Cherland and Strain as members of the Civil Defense Commission was approved. Mrs.Dorothy Combs of 1103 - 7th Street S.W. was present in regard to the Rochester Music Festival which was planned for the week October 6-11, 1969; she said they had LI 0 EI 1 1 0 Record of Official Proceedings of the 'Common Council of the City of Rochester, Minn., May 5, 1969 229� many things planned but would have to get permission for some of them; she said they planned a street dance and would have to have street space; they would also need sidewalk space for n a street theatre; they would like to have an Acrobatic Jet Show; they also would need permission fora parade on Saturday morning. Upon motion by Folkert, second by Strain, and all voting in favor, the matter was referred to the Public Safety Committee. A letter from W. E. Just of 211 6th Avenue S.W. that on the east side of the Grenning Property located at -the corner of 6th Avenue and 2nd Street S. W. there is a diamond shaped piece of ground which they would like to buy or lease for a parking lot, was read. • Upon motion by Postier, second by Folkert,-�and all voting in favor, the letter was referred to the Finance Committee. A letter from Owen Meyer of 2556 - llth Avenue N. W. making suggestions about lane line markings was read and upon motion by Folkert, second by Strain, and•all,voting in I favor, the letter was referred to the Public Works Committee. A letter from Builders Land Company requesting that•McGhie and Betts, Consulting Engineers be authorized to prepare, in accordance with the city specifications, the necessary plans for the construction of sanitary sewer, storm sewer, water mains and street improvements in Elton Hills East 6th Subdivision, was read. Upon motion by Strain, second by Folkert, and all voting in favor, the letter was referred to the Public Works Committee. A letter from the Kahler Corporation requesting consideration for an onisale liquor license at the Zumbro Hotel when and if the City should issue additional licenses, Ii I� was read. President DeVries ordered the same placed on file. II The summons of George J. Mason, Jr. and The Western Casualty and Surety Company, plaintiffs vs The City of Rochester, defendant, was read and upon motion by Postier, second by Ludowese, and all voting in favor, the same was referred to the City Attorney. I A letter from the Olmsted County Highway Engineer in regard to lighting around the Apache Shopping Center was read and upon motion by Strain, second by Postier, and -all voting f in favor, the letter was referred to the Public Works Committee. I Two resolutions adopted by the Public Utility Board (a) that a leave of absence be ' i I� granted to Mrs: Maxine Klingsporn, Billing Operator I, from May 1, 1969 thru May 31, 1969 and (b) requesting authorization to sell and transfer the proceeds to Univested Funds - �I Electric Department Depreciation Reserves $190,000.00 4'/o US Treasury Bonds due 2-15-72 and �1 $150,000.00 6% Federal Home Loan Bank Notes due 11-25-69, were each read and upon motion by Postier, second by Ludowese, and all voting in favor, the resolutions were approved. A letter from George R.-Grieve stating that the owners of the Till property are in full agreement with the recommendation of the Planning -and Zoning Commission to rezone this land from the R-1 to R-3 and B-lb except for the proposed 5 plus acre park site and the group of five lots fronting on 25th Avenue N.W. immediately south of the park site and designated i in a block lettered "N" on the community development project plan, was read and President !� DeVries ordered the same placed on file. j The following petitions and applications were each read and upon motion by Folkert, • second by Postier, and all voting in favor, the same were referred to the Planning and Zoning Record of Official Proceedings of the Coihmon Council of the City of- Rochester, Minn., May 5, 1969 ICommission: a. letter from Ray McKenny requesting permission to carry on U Haul Rental business. b. Letter from Rochester Rent -All requesting permission to rent trailers, etc. c. petition for change of zoning on properties at 216, 220, 224, 304 and 306 15th Avenue S. W. from the B-lb District to the R-1 District. d. application for final plat approval of Crescent Park 8th Addition. e. application for approval of community development project on property south and west of McQuillan Drive N.E. in Rocky Creek 1st Subdivision. f. _application for waiver of compliance for conveyance of property by metes and bounds rearrangment of Lot 1, Block 4, Elton Hills East Third and Lot 1, Block 1, of Valhalla Fourth Subdivision. The claim for damages to his car in the amount of $177.23 of Richard Lundquist lof 1809 26th Street N.W. for damages caused by a raised manhole, was read and upon motion by (Larson, second by Folkert, and all voting in favor, the claim was referred to the City Attorney. Mr.Emrold Thiem was present in regard to his request for a variance on his property at 800 1st Avenue S. W. to permit a reduction in the required side yard. The recommendation of the Planning and Zoning Commission stating that the application to vary the provisions of paragraph 24.04 of Ordinance No. 1296 as they apply to property located at 800 1st Avenue S.W. to permit a reducation in the required side yard fails to meet the conditions that must exist before a variance can be authorized and, therefore, they recommend that this application for a variance be denied, was again read. Mr. Thiem said he was only requesting a five foot variance on the required setback on the south property line, he said this area was zoned as a flood plain and he'did not know if the problem of the water run-off had been considered by the Planning Commission. A motion was made by Strain, second by Postier, that the recommendation of the Planning & Zoning Commission be disapproved and a hearing on the variance beset for 7:30 o'clock P. M. on May 19, 1969; all voted in favor. The recommendation of the Planning & Zoning Commission stating that they had reviewed the petition to vacate the east -west alley in Block 26, Original Plat (Calvary Episcopal Church Property) and find that this alley has never been used as a public way and the Calvary Episcopal Church has been located over and across this alley since it was constructed many years ago, the alley is not needed now for a public way and they do not see any need for it as a public way in the future and based on these findings they recommend that this alley be vacated, was read. Upon motion by Larson, second by Postier, and all voting in favor, the recommendation was accepted and the City Attorney was instructed to prepare a resolution ordering a hearing on the said vacation. . The recommendation of the Planning & Zoning Commission stating that they had reviewed the petition to vacate the east -west alley that lies east of the North -South alley in Block 15, Original Plat and find that portions of the original alley have been vacated in years past and the alley is not used as a public way at this time and there appears to be no need for it in the future and based on these findings they recommend that this alley be vacated, was read. Upon motion'.by Postier, second by Ludowese,, and all voting in favor, the recommend- ation was accepted and the City Attorney was instructed to prepare a resolution ordering a 1hearing on the said vacation. u1 • 1 • 1 C 1 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., May 5, .1969 1 • 1 1 0 1 The recommendation of the Planning & Zoning Commission that they had reviewed the petition to vacate 9th Avenue N.W. as it adjoins Lot 14, Block 1, Kreter's Replat (south of 812- Ave.N.W.) and find that this area is presently being used as a pedestrian walkway for access across CascadeCreek and as a flood plain area and surface drainageway, the area is also being used for park purposes, and based on these findings they recommend that this petition be denied and this right-of-way be kept for City uses, was read. Upon motion by Folkert, second by Postier, and all voting in favor, the recommendation was accepted and the petition denied. The recommendation of the Planning & Zoning Commission re the petition to vacate the north 25 feet of 37th Street N.-W. from 18th Avenue N.W. to 15th Avenue N.W. was presented and upon motion by Strain, second by Folkert, and all voting in favor, the recommendation was tabled until 7:30 P. M. The recommendation of the Planning & Zoning Commission that they had reviewed the final plat of Country Club Manor•Seventh Subdivision and recommend that it be granted final approval, was read. Upon motion by Ludowese, second by Folkert, and all voting in favor, the recommendation was accepted and a hearing was set for 7:30 o'clock P. M. on May 19, 1969. The recommendation of the Planning & Zoning Commission stating that they had reviewed the application to vary the•yard space provisions of Paragraph 32.04 of the Zoning Ordinance as it applies to Lots 20, 22, and Part of 23, Auditor's Plat "D" (Prow's Motel) and find that the proposed use is an apartment building under the definitions contained in the Zonitg.Ordinance and as such•the yard space requirements of tts R-3 District apply even though this property is located in a B-3 District that would allow commercial uses to cover the entire lot; a similar building was constructed on this lot in 1966; it was called a motel and a permit was issued allowing it to be constructed up to the side lot line and also to encroach into the required rear yard area; they feel there is need for review of definitions of motel, hotels and apartments as contained in the Zoning Ordinance; they find that the proposed structure would not be objectionable in the area and therefore•recommend that this variance in the required yard spaces be granted approval as shown on the applicants site plan, was read. Alderman•Postier said the Planning Commission was in exact opposition of the Planning Department and he felt this should be given more study. A motion was made by Postier; second by Folkert, that this be referred back to the Planning & Zoning Commission and the f Planning Department and treat the whole piece of property as community development and also 1 study the parking; all voted in favor. The recommendation of the Planning & Zoning Commission that the application of Mrotek's Direct Service at 1315 North Broadway to rent outdoor campers, travel trailers and tent type campers be granted approval, was read. Upon motion by Postier, second by Strain, and all voting in favor, the recommendation was approved. The recommendation of the Planning & Zoning Commission that the application to display, sell or rent outdoor camping trailers, campers and camper bodies on the property 0 Record of Official Proceedings of the Common . Council of the City of Rochester, Minn., May 5. 1969 n U located at 455 - llth Avenue N. W. (Northgate 66 Service) be denied, was read. Upon motion by Ludowese, second by Strain, and all voting in favor, the recommendation was approved and the application denied. The recommendation of the Planning & Zoning Commission stating that they had reviewed the petition to change the zoning districting on lands known as the Till Property N.W. from the R-1 District to the R-3 and B-lb District (Carpenter & Grieve Development) and recommend that the area proposed as B-lb District be granted approval and that the area proposed as an R-3 District be granted approval except for the area proposed for public.park and the 5 lots shown as area "n" which remain in the R-1 District, was read. Upon motion by Cherland, second by Postier., and all voting in favor, the recommendation was tabled until May 19, 1969. The recommendation of the Planning & Zoning Commission stating that they had reviewed the petition to change the zoning districting on proposed Lots.l-9, Block 4, Crescent Park 8th Addition and find that these lots will be located along the east side of the new John Adams Junior High School site; there is a 100 ft. open drainageway to the north and undeveloped land to the east and south and feel that this proposed change in zoning districting would not be detrimental in the area and therefore recommend that it be granted approval, was read. Upon motion by Strain, second by Cherland,and all voting in favor, the recommendation was disapproved and the zone change denied. The recommendation of the Planning & Zoning Commission stating that they had reviewed the petition to change the zoning districting on 20 acres of land known as the Pennington Property, lying north of 41st Street N. W.between U. S. 52 and 18th Avenue N.-W. from the R-1 District to the R-3 District and recommend that this petition be granted approval, was read. Upon motion by Larson,.second by Ludowese, and all voting in favor, the recommendation was approved and a hearing was set for June 2, 1969 at 7:30 o'clock P. M. The recommendation of the Planning & Zoning Commission stating that they had reviewed the petition to change the zoning districting on the south 130.5 feet of the property at 211 - 20th Avenue S. W. from the R-1 District to the R-4 District (formerly Big Joy Drive - In) and recommend that it be denied, was read. Upon motion by folkert, second by Ludowese, and all voting in favor, the recommendation was tabled until 7:30 o'clock P. M. The recommendation of the Public Safety Committee, in accordance with recommendations of the Board of Park Commissioners and Planning and Zoning Commission, that upon termination of use of the present dumping grounds, the area be utilized for park purposes, was read and upon motion by Postier, second by Strain, and all voting in favor, the recommendation was approved. Upon motion.by Ludowese, second by Strain, and all voting in favor, a short recess s declared at 3:30 P. M. President DeVries called the meeting to order again at 3:50 P. M. th all members. being present. The recommendation of the Public Works Committee that the proposal of Agneberg- ISankstone & Associates for engineering services for elevated water tank and trunk lines for the 1 • 1 0 Record of Official Proceedings of. the Common Council 2.33 of the City of Rochester,. Minn., May 5. 1969 1 • 1 1 n U 1 High.District of the West Service Area be accepted, was read and upon motion by Larson, second by Folkert, and all voting in favor, the recommendation was approved. . The recommendation of the Public Works Committee that the proposal of Agneberg- Sankstone Associates for engineering services for Manor Woods First Subdivision be accepted was read and upon motion by Ludowese, second by Strain, and all voting in favor, the. recommendation was approved. The recommendation of the Public Works Committee that in order to proceed with the planning for implemenation of the Thorofare Plan in the central downtown area, they feel that it is necessary at this time to reconsider the adopted Thorofare Plan in that area, to revise it in certain respects and reaffirm it in general, and therefore recommend the following, was read. 1) That the. City Council and City Planning Commission reaffirm the Thorofare Plan adopted in September 1968 as the Ultimate Street and Traffic Pattern after revising the 1st Ave SE sectionsouth of 3rd St SE as follows: Continue 1st Ave SE (northbound leg of one-way pair) directly south from 3rd St SE across 4th St SE, and 6th St SE, along the east side of the Zumbro River, and return to South Broadway south of the South Broadway bridge. 2) Proceed to implement without delay the necessary construction on First Avenue West of Broadway for the south -bound leg of the one-way plan. 3) Make use of Broadway as the interim north -bound leg of the one-way pair until the time that the First Avenue East location is constructed and put into use. Upon motion by Larson, second by Folkert, and all voting'in favor, the above recommendation was tabled until May 19, 1969. The recommendation of the Public Works Committee that'alocal improvement project be initiated by Council action for sanitary sewer'and'water main extension to the West � of Lot 21 in Allendale Subdivision, was read and upon motion by Larson, second -by Postier, and all voting in favor, the recommendation was approved. The recommendation of the Public Works Committee that a local improvement project initiated by Council action for concrete sidewalk on the south side of Elton Hills Drive N. W. from 3rd Avenue N. W. (West River Parkway) to 9th Avenue N. W., was read and upon motion by Folkert, second by Strain, and all voting in favor, the recommendationwas approved. The feasibility report of the City Engineer that construction of curb and gutter oni the south side of 5th Street S.W. from 15th to 16th Avenue S.W. and west end of vacated 5th Street S.W. is feasible and recommends its construction, the estimated cost is $2776.00,was read together with the recommendation'of the Public Works Committee that this project be constructed with the costs to be assessed to the abutting properties. Upon motion by Larson second by Strain, and all voting in favor, the recommendation was approved. The recommendation of the Public Works Committee that a local improvement project initiated by the Council without petition for street grading and surfacing, sanitary sewer, storm sewer, water main, and service connections in 18th Avenue N. W. from Cascade Street to 33rd Street N. W., was read and upon motion by Folkert, second by Strain,=and all voting in favor, the recommendation was approved. -The feasibility report of the City Engineer that street grading and surfacing, 0 sanitary sewer, storm sewer, water main and service connections in 18th Avenue Northwest fr Record of Official Proceedings of the Common Council of the City of Rochester, Minn., May 5, 1969 Cascade Street to 33rd Street Northwest is feasible and recommend'its construction, estimated costs are $133,200, was read together -with the recommendation.of the Public Works Committee that this project be constructed with the costs to be assessed -against the benfitted property. Upon motion by Folkeit, second by Larson, and all voting.in favor-, the recommendation was approved. The recommendation of the Public Safety Committee that parking be prohibited at all times on the north side of Seventh Street Northwest, 310 feet more or less immediately west of Eleventh Avenue Northwest, was read and upon motion by Cherland, second by Postier, and all voting in favor, the recommendation was approved and the City Attorney was • instructed to prepare the necessary resolution. A review of application requesting waiver of the requirements of the subdivision ordinance to convey property by metes and bounds, submitted by the Planning Department, on the rearrangement of Lot 1, Block 4, of Elton Hills East Third Subdivision and Lot 1, Block 1, of Valhalla Fourth Subdivision, and recommending that the conveyance of the said property be granted approval, was read. Upon motion by Strain, second by Postier, and'all voting in favor, the recommendation was approved. The recommendation of the Planning & Zoning Commission submitting proposed revisions to the Zoning Ordinance No. 1296, (1) proposed amendment to Par. 15.10; (2) proposed revisions to Pars. 53.01, 53.010 and 53.011; (3) proposed revision to Pars. 50.00 and 50.01; (4) proposed repeal of Par. 22.041; (5) proposed revisions to Pars. 52.04, 52.040, 52.041 and 52.042; and (6) proposed revisions to pars. 15.070, 15.071, 15.072, and 15.073, was read. Upon motion by Postier, second by Folkert, and all voting in favor, this recommendation was tabled until May 19, 1969 (copies to be sent to Aldermen). A motion was made by Larson, second by Folkert, to reconsider the action taken on the recommendation of the Planning & Zoning Commission regarding the petition to change the zoning districting on proposed Lots 1-9, Block 4, Crescent Park 8th Addition; all voted in favor. Mr. Franklin Michaels, Attorney for the petitioner, was present and urged that the Council change their decision and support the -recommendation of the Planning & Zoning Commission that this zone change .be granted approval; a motion.was made by Alderman Larson that the recommendation to change the zoning be accepted and a hearing be set for June 2, 1969 at 7:30 P. M., his motion was lost for want of a second. A motion was then made by Cherland, second by Strain, that the recommendation of the Planning & Zoning Commission be disapproved and the zone change be denied and upon roll call Cherland, Folkert, Ludowese, Postier, Strain and DeVries voting "aye" and Larson voting "nay", the motion was carried. The license bond of Woodhouse Brothers, Inc. in the amount of $5,000.00 with Capitol Indemnity Corporation as surety and the contract bond of General Electric Company in the amount of $2,380.00 with Federal Insurance Company, as surety, were each .read and upon notion by Larson, second by Strain, and all voting in favor, the bonds were approved. The applications of Rochester Outdoor Drive -In Theatre, Chateau Theatre, Cinema "21", Lawler Theatre and Time Theatre for &=theatre license were each read and upon motion by Larson, second by Strain, and all voting in favor, the licenses were approved. Record of Official Proceedings of the Common Council of the City of Rochester, Minn., May 5, 1969 23 • 1 40 The applications of Tasio Kapenis for "on" and "off" sale 3.2 beer license at 1123 2nd Street S. W. were each read and upon motion by Folkert, second by Postier, and all voting in favor, the applications were referred to the Public Safety Committee. The applications for transfer of the "on" and "off" sale 3.2 beer license at the Queen City Beer and Groceries at 513 - 2nd Street N.- W. were each read and upon motion by Folkert, second by Ludowese, and all voting in .favor, the applications were referred to the Public Safety Committee. The application of Elton Hills IGA Store for "off" sale 3.2 beer license was read and upon motion by Folkert, second by Ludowese, and all voting in favor, the license was granted. The applications of Gurney Goodenough, Schwanke Construction and Tilford Bros. Cement Contractors for license to construct sidewalks and the application of Gopher Sanitary Sewers Inc. for license to connect with sewers and drains, were each read and upon motion by Folkert, second by Larson, and all voting in favor, the licenses were granted. The applications of Cheap Charlies, Cue T Cafe & Billiards, Elton Hills IGA Store and Larsons Standard Service for license to sell cigarettes were each read and upon motion by Folkert, second by Ludowese, and all voting in favor, the licenses were granted. The application of Cue T Billiards & Cafe for a pool hall license was read and upon motion by Larson, second by Folkert,.and all voting in favor, the license granted. The application.of Charles Frances Phelps for a Journeyman Installers license was read and upon motion by Larson, second by .Strain, and all voting in favor, the license was granted. A motion was made by Folkert, second by Larson, that the semi-monthly bills, list of which is attached hereto, in the amount.of $256,645.43 be approved; all voted in favor. The recommendation of the Planning & Zoning Commission that the preliminary plat of Pennington First Subdivision be granted approval subject to 41st Street N. W. being wide 7.0 feet to 73.0 feet, was read. Upon motion by Larson, second by Ludowesq, and all voting in favor, the recommendation was approved. The recommendation of the Planning & Zoning Commission that the application for approval of the. community development project of Town and Campus (Pennington Property N. W.) be granted approval subject to an additional 7.0 ft of -right-of-way being provided for the widening of .41st St. N.W. was read and upon motion by Larson, second by Ludowese, the same was tabled until 7:30 R. M. An Ordinance annexing to the City of Rochester, Minnesota certain unplatted lands not exceeding two hundred acres in.area, all being in the Southwest Quarter of Section Twenty -Three, Township One -Hundred Seven.North, Range Fourteen West, Olmsted County, Minnesota (Elton Hills East 6th) was -given its second reading. An Ordinance annexing to the City of Rochester, Minnesota certain unplatted lands not exceeding two hundred acres in area, all being.in the Southeast Quarter of the Southwest 0 F'2:36 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., May 5, 1969 Quarter of Section Six,. Township One Hundred Six North, Range Thirteen West, Olmsted County, Minnesota ( two parcels at Jr. College site), was given its second reading. An Ordinance annexing to the City of Rochester, Minnesota, certain unplatted lands not exceeding.two hundred acres in area, all being in the Northeast Quarter of Section Twenty -Eight, Township One Hundred Seven.North, Range Fourteen West, Olmsted County, Minnesota (Carpenter -Till) was given its second reading. 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 municipal limits of the City of Rochester, Minnesota (Whelan -Gambill) was •given its third and final reading. A motion was then made by Larson, second by Ludowese, 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 promoting health, safety, order, convenience, and general welfare by regulating the use of land, the location, size, use and height of buildings, and the arrangement of buildings on lots, and the.density of population within this.City of Rochester, Minnesota, all in accordance with a comprehensive plan (property on 7th St. N.W. to M'-2.General Manufacturing District) was.given its third and final reading. A motion was then made by Ludowese, second by Strain, 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 promoting health, safety, order, convenience, and general welfare by regulating the use of land, the location, size, use and height of buildings, and the arrangement of buildings on lots, and the.density of population within this City of Rochester, Minnesota, all in accordance with a comprehensive plan (Lots 6,7,8, Auditor's Plat "D" to M-1 Light Manufacturing District) was given its third and final reading. A motion was then made by Larson, second by Folkert, that the said ordinance be adopted as read and all voting in favor, President DeVries. declared the said ordinance duly.passed and adopted. A resolution approving the plans and specifications for construction of street, sewer and water improvements (Job 6352-5-69). in Elton Hills EastFifth Subdivision and authorizing and directing Mayor and City Clerk to execute contract between the City and Builders Land Company, was read. Upon motion by Folkert, second by Strain, and all voting in favor, the resolution was adopted. A resolution waiving the minimum front yard set back requirements for Lot 5, Block 12, East 45 feet thereof of Northern Addition to 24 feet, was read. Upon motion by Folkert, second by Ludowese, and all voting in favor, resolution adopted. Mayor Day said there was some land in the area of the new Junior College and along the Sunnydale Road that is owned by.the State of Minnesota and he recommended that 1 1 1 0 the Planning & Zoning Commission look at this and consider the annextion of this land. Tom Moore, Planning Director, said he thought it would beiin line if there was interest • Record of Official Proceedings of the Common Council 237.1 of the City of Rochester, Minn., MT , i 969 LJ 40 LJ 1 lJ that a letter be addressed to the State of Minnesota advising them of the interest. A motion was then made.by Larson, second by Postier, that the Mayor send a letter, with the approval of the Common Council, requesting annexation of this property; -all voted in favor. Upon motion by Postier, second by Larson, and all voting in favor, the matter of two members to serve on the Library Site Committee was referred.to the Finance Committee. Upon motion by Folkert, second by Cherland, the Public Works Committee was to select two of their members to serve on the Land Fill Committee. A motion was then made by Postier, second by Ludowese, that the 1st Monday in July be set as.the date for the Common Council to consider a land fill site; all voted in favor. Upon motion by Folkert, second_by Strain, the Flood Plain Study presented by the Corps of Engineers was referred to the Public Works Committee and the Planning & Zoning Commission,.and these committees and the entire Council meet with the County Board of Commissioners on the study; all voted in favor. Upon motion by,Ludowese, second by Postier, and all 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 Cherland, Folkert, Larson, Ludowese, Postier, Strain. Absent: None. following: President DeVries stated this as being the time and place set for hearing on the Hearing on proposed assessment for curb and gutter on 13th Avenue and 20th Street N. W., Lots 5,6,7,8, Block 26, Elton Hills 6th Subdivision. 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. Hearing on proposed assessment for sidewalk approaches to Sunset Terrace School - Part 2, 1968. There.was no one present wishing to be heard. President DeVries declared the hearing,officially closed. A motion} was then made by Strain, second by Ludowese, to proceed with the project; all voted in favor. Hearing on proposed assessment for sidewalk approaches to Mayo High School - Part 1,� 1968. Mr. Oscar Schmidt of 925 - 10th St. S.E. inquired what his assessment would be; C. A. Armstrong, City Engineer informed him that this was on the long side of the lot owned by Mr. Schmidt, it was 122 feet long and he would.be assessed only for one-half which would amount to $200.56. There was no one else present wishing to be heard. President DeVries declared the hearing officially closed., ,A motion -was then made by Ludowese, second by Folkert, to proceed with the project;�all voted in favor. Hearing -on application -to amend the Land Use Plan to designate areas on the Till Farm as being suited for medium density residential use and commercial use.. 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 Cherland, instructing the City Attorney to prepare a resolution amending the said Land Use Plan; all voted in favor. F'2:38 Record of. Official Proceedings of. the Common Council of the City of Rochester, Minn., May 5, 1969 u Hearing on proposed change of zoning on property located at the N. E. corner of 2nd Street S. W. (CSAH 34) and 36th Avenue N. W. fromthe R-1 to the B-lb District. Mr. Robert IRadke of 104 36th Avenue N.W. was present and inquired what the B-lb neighborhood zone would be for; Tom Moore, Planning Director, said the plans were for a retail store. There was no one else present wishing to be heard. President DeVries declared the hearing officially closed. A motion was then made by Ludowese, second by Postier, instructing the City Attorney to prepare an Ordinance making the zone change; all voted in favor. A resolution adopted by the Public Utility Board setting salaries for various (positions was again presented; this resolution would be approving salaries for 102 positions at 5% for the first six months and 7% for the last six months with an extra 2% for ten foremen. Alderman Postier said that he did not think this would be fair to the other 550 city employees plus the other 80 down at the Utility Plant that had already accepted their salaries. Alderman Larson said he felt this had dragged out to long and should have been taken care of a long time ago and thought this recommendation should be accepted. A motion was then made by Postier, second by Folkert, that this resolution be dsiapproved and -upon ro,11..ca1,1-, Cherland, Folkert, Ludowese, Postier• and DeVries voting "Aye" and Larson and Strain voting "nay", President DeVries declared the resolution not adopted. The recommendation of the Planning & Zoning Commission stating that they had. reviewed the petition to vacate the north 25 feet of 37th Street N. W. from 18th to 15th Avenue N. W. and find that the road, as currently constructed, leaves an area of excess right-of-way on the north side of 37th St. N. W. and this area is not needed for street purposes since it has been decided that a 100 ft. right-of-way is adequate for this major street; the north helf of the right-of-way of 37th St. N.W., east of 15th Ave.N.W. is only 50 ft. wide as compared to the 75 ft. width west•of 15th-Ave. N.W.; based on these findings they recommend that this.25 ft. strip of land be vacated and further recommend -that as a condition of vacating this portion of 37th St. N.W. that the newly established north line -of 37th St. N.W. be designated as "no access" for vehicular travel from the lots to 37th St. N.W. and vice versa, was read. Mr. Gerald Thilgen of 1518 - 38th Street N. W. was present and•said he was the petitioner and wanted to know if there were plans for putting sidewalk on the north side of 37th Street and if so how would this affect this 25 foot strip;.he was•told that this 25 ft. would be added. to his land and if sidewalk was constructed it would be beyond this 25 ft. that is being vacated. A_motion was then made by Strain, second by Cherland, that the recommendation of -the Planning & Zoning Commission be accepted and the City Attorney be instructed to prepare a resolution ordering a hearing on the said vacation; all voted in favor. The recommendation of the Planning & Zoning Commission stating that they had reviewed the petition to change the zoning districting on the south 130.5 feet of the property at 211-20th Avenue S.W. from the R-1 District to the R-4 District (formerly Big Joy Drive -In) and find that this matter was first considered on March 31, 1969 and•was tabled in order to give this commission an opportunity to consider a zoning program for the entire area; they initiated a zone cahnge along the north side of 3rd St. S.W. and 17th Ave. S.W. and 21st Ave. 1 1 1 0 1 9 Record of Official Proceedings of the Common Council of the City of Rochester, Minn.,_ Mays 1969 23 1 • 1 1 • I S. W. from the R-1 District to the R-2 District; there was considerable local opposition to this -proposal based on potential noise from increased number of people that would live the arf and increased property values that would result in higher taxes; based on these factors they withdrew any further consideration of the change to the R-2 District and the area will remain an R-1 District; as a result of this action, they then removed from the table the petition described above and recommend that it be denied, was read. Mr. Dennis Attorney, Attorney for the petitioner, was present and urged that this zone change be granted, he said the property was owned by Don Monson and half of it was zoned commercial and the balance was residential and they would like to be able to use the whole area as multiple dwelling. Mr. Don Branley of 1807 3rd St. S. W.; Mr. Vincent Fingfelder of 302 - 19th Avenue S.W.; Mr. Walter Royce of 228 - 19th Ave. S. W.; Walter. Anderson of 1850 3rd St. S.W.; Mrs. Walter Royce of 228 - 19th Ave. S.W.; Clara Stoppel of 217 - 19th Ave. S.W.; -Mr. Walter Berndt of 323 - 21st Ave. S.W. and Inga Johnson of 1801 3rd St. S.W. were each heard in opposition to this zone change. A motion was made by Strain, second by Ludowese, that the recommendation to deny the zone change be approved; all voted in favor and the zone -change was denied. The recommendation of the Planning 61 Zoning Commission stating that they had reviewed the application for approval of the Community Development Project of Town and Campus (Pennington Property N. W.) and find that this proposed community development project is located in an area that is currently being considered to be rezoned to the R-3 District; the community development project complies with the provisions of Article 46 pertaining to such projects; they also find that there will be sufficient vehicular traffic generated in this area that the right-of-way of 41st St. N.W. should be widened an addition 7 ft. to 73.0 feet; there will also be other public streets to the west and north adjoining this area; based on these findings they recommend that this proposed community development project be granted approval subject to an addition 7.0 feet of right-of-way being provided for -the widening of 41st St. N. W., was read. Mr. Leonard Sankstone, Architect was present and showed a drawing of the proposed units, there would 418 units in all with one and two bedroom apartments and the town house which would have three bedrooms, there would be two parking spaces for every unit and it would be totally self contained, there would be no public streets, -the utilities will be placed in easements to -the the Water Dept. etc. can come do whatever has to be done; there would be no maintenance of -streets whatsoever; as far as the additional seven feet the owners said they would provide this additional 7 feet of right-of-way. A motion was then ma by Larson, second by Cherland, that the recommendation be accepted and a hearing be set for 7:30 o'clock P. M. on June 2, 1969; all voted in favor. A resolution adopted by the Public Utility Board setting salaries for 102 employees) was read; this resolution provided for 6% across the board with 8% for ten foremen. A motion was made by Ludowese, second by Strain, that this resolution be adopted and a•11 voting in favor, •President DeVries declared the resolution unanimously adopted. Mr. Gerald Swanson, City Attorney, said the Board in adopting this resolution has adopted certain conditions - that the employees who have left their employment shall report back to work by 8:00 A. M. on 0 F'24.0 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., May 5, 1969 Thursday, May 8th and any employee who fails to report at such time, shall have in effect resigned from his position; and it goes without saying that those who have not reported for work since Thursday week before last will not be paid for thAt time nor will they receive any benefits during that time. A motion was then made by Folkert, second by Cherland, to reconsider the action taken this afternoon on the recommendation of the Planning & Zoning Commission on the application to vary the yard space provisions of paragraph 32.04 of the Zoning Ordinance as it applies to Lots 20, 22, and part -of 23, Auditor's Plat "D" (Prow's Motel); all voted in -favor. Mr. Bob DeWitt, the contractor doing the remodeling, said they had started this in good faith and did not know it was against the ordinance but he said he felt there should be �seme facilities that allowed cooking in some of the motels. Mr. Frank Michaels, Attorney, also urged that this be granted, he said the only change that would be made is the 12 foot setback. A motion was then made by Ludowese, second by Strain, that the recommendation of the Planning & Zoning Commission that the variance be granted approval be accepted and a hearing be set for May 19, 1969 at 7:30 o'clock P. M.; all voted in favor. The following tabulation of bids opened at 11:00 A. M. on May 5, 1959 was presented and ordered placed on file: City Engineers Estimate 1. Street Grading, surfacing,.sanitary sewer, storm sewer, water main and service connections in 19th St. N.W. and Block 4, Valhalla 4th Subdivision Riverside Sand & Gravel Company $31,398.37 $38,069.08 Kasson Sewer & Water Company 37,681.47 Fraser Company. 32,850.48 2. Sidewalk Project #4-9-1969. Doyle Conner Company 9,533.45 8,53.1.75 C. M. Boutelle & Sons, Inc. 9,465.00 Phil Ryan Cement Contractor 9,513.25 B. DeWitz 9,658.75 Ed Mahoney & Dick Pearson Concrete 9,433.53 3. Sidewalk Project #6-E-1969 Mahoney & Pearson Concrete 6,182.10 5,724.50 Doyle Conner Company 6,309.10 C. M. Boutelle & Sons, Inc. 6,351.90 B. DeWitz 6,337.90 4. Sidewalk Project #11-W-1969 Mahoney & Pearson Concrete 7,537.20 6,831.85 Doyle Conner Company 7,575.80 E. J. Vonch Concrete Company 7,492.15 C. M. Boutelle & Sons, Inc. 7,590.00 Phil Ryan Cement Contractor 7,461.32 B. DeWitz 7,582.12 5. Sidewalk Project #12-W-1969 Mahoney & Pearson Concrete 10,325.24 9,688.80 Doyle Conner Company 10,810.00 E. J. Vonch Concrete Company 10,906.80 C. M. Boutelle & Sons, Inc. 10,734.00 B. DeWitt 10,697.76 6. Sidewalk Project #14-W-1969 Mahoney & Pearson Concrete 13,713.35 12,064.45 Doyle Conner Company 13,666.75 C. M. Boutelle & Sons 13,354.70 B. DeWitz 13,424.79 7. Sidewalk Project #15=W-1969 Mahoney & Pearson Concrete 8,157.95 6,890.35 Doyle Conner Company 7,995.64 C. M. Boutelle & Sons 7,867.50 B. DeWitz 7,934.67 8. Sidewalk Project #16-W-1969 Mahoney, & Pearson Concrete 16,086.10 14,155.50 Doyle Conner Company 15,789.80 C. M.' Boutelle & Sons, Inc. 15,690.00 B. DeWitz 16,779.20 1 0 • 11 0 Record of Official Proceedings of the Common Council of the City of Rochester, Minn.,_ May 5, 1 969 1 • 1 1 0 1 9. Sidewalk.Project #17-W-1969 Mahoney & Pearson Concrete. $14,825.20 Doyle Conner Company .14,545.60 E. J: Vonch Concrete 13,318.40 C.. M. Boutelle & Sons, Inc. 14,460.00 B. DeWitz 14,393.60 10. Sidewalk Project #1,9-W-1969 . Mahoney & Pearson Concrete 10,846.95 Doyle Conner Company 10,631.40 E. J. Vonch Concrete 9,632.00 C. M.,Boutelle & Sons, Inc. 10,508.40 Phil Ryan Cement Contractor 10,314.30 B. DeWitz 10,519.68. 11. Sidewalk Project #21-W-1969. Doyle Conner Company 9,236.04 B. DeWitz 9,336.72 12. Sidewalk Project #22-W-1969 B. DeWitz 14,593.28 Doyle Conner Company 14,730.52 Mahoney & Pearson Concrete 14,993.85 13. Sidewalk Project #23-W-1969 B. DeWitz 8,559.88 Mahoney & Pearson Concrete 8,498.13 Doyle Conner Company 8,512.00 C. M. Boutelle & Sons, Inc. 8,884.40 Phil Ryan Cement Contractor 8,464.12 E. J. Vonch Concrete .8,512.00 14. Sidewalk Project in Folwell and Edison School Area 1968 - Section I Mahoney & Pearson Concrete 12,292.65 Doyle Conner Company 12,116.60 C. M. Boutelle & Sons 12,668.50 B. DeWitz 12,286.60. 15. Sidewalk in Folwell and Edison School Area 1968- Section II C. M. Boutelle & Sons 6,500.00 B. DeWitz 7,272.50 $13,042.00 9,535.65 8,429.10 13,232.65 7,758.65 . 11,121.50 5,055.10 The recommendation of the Finance Committee that. .the Common Council advertise for bids for the purchase and installation of a brine tank at the Mayo Civic Auditorium, estimated cost of the tank is $5,000 to $7,000, was read. Upon motion -by Folkert, second by Strain, the recommendation was approved; all voted in favor. The recommendation of the Finance Committee that an additional administrative position be authorized in the office of Administrative Assistant and that a resorlbt16n-.be prepared amending the personnel resolution, the pay grade and title of said position to be recommended by the Personnel Advisory Committee, was read. Upon motion by Larson, second by Strain, and all voting in favor,.the recommendation was approved. . A motion was then made that the following fifteen recommendations of the Public Works Committee be considered in block; all.voted in favor. A motion was -then made by second by Folkert, that the said recommendations be approved as read; all voted in favor: .1. That the.bid of .Riverside Sand & Gravel Company in the amount of $31,398.37 be accepted for Part I.of.street grading and .surfacing, sanitary sewer, storm sewer, water main and service connections in 19th Street N.W. and Block 4, Valhalla Fourth Subdivision. 2., That .the bid of Ed Mahoney &.Dick Pearson.Concrete in the amount of $9,433.53 be accepted for Sidewalk Project 94-E-1969. 3. That the bid of Ed.Mahoney & Dick Pearson Concrete in the amount of $6,182.10 be accepted for Sidewalk.Project #6-E-1969.. 4. That the bid of Phil Ryan in the amount of $7,461.32 be accepted for Sidewalk Project #11-W-1969. 5. That the bid of Ed Mahoney & Dick Pearson Concrete in the amount of $10,325.24 be accepted for Sidewalk Project #12-W-1969. 6. That the bid of C. M. Boutelle & Sons in the.amount of $13,354.70 be accepted for Sidewalk Project #14-W-1969. 7. That the bid of .C.,M. Boutelle & Sons, Inc. in the amount of $7,867.50 be accepted for Sidewalk Project #15-W-1969. 8. That the bid of C. M. Boutelle & Sons, Inc. in the amount of $15,690.00 be accepted for Sidewalk Project #16-W-1969. 0 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., May 5, 1969 u 9. That the bid of E. J. Vonch Concrete in the amount of $13,318.40 be accepted for Sidewalk Project #17-W-1969. 10. That the bid of.E. J. Vonch Concrete in the amount of $9,732.00 be accepted forsidewalk Project #19-W-1969. 11. That the bid of.Doyle Conner Company in -the amount of $9,236.04 be accepted for Sidewalk Project #21-W-1969. 12. That the bid of B. DeWitz in the amount of $14,593.28 be accepted for Sidewalk Project #22-W-1969. 13. That the bid of-PhilRyan in the amount of $8,464.12 be accepted for Sidewalk Project #23-W-1969. 14. That the bid of.Doyle Conner Company in the amount of $12,116.60 be accepted for sidewalk construction in the Folwell & Edison School Area - 1968 Section I. 15. That the bid of C. M. Boutelle & Sons, Inc. in the amount of $6,500.00 be accepted for.sidewalk construction in the Folwell &Edison School Area - 1968 Section II. A motion was then made by Folkert, second by Larson, thatthe 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 resor=lutions duly passed and adopted: 1. Resolution authorizing Public Utility Board to sell and transfer proceeds of sale of $190,000 47. U.S. Treasury Bonds and $150,000 6% Federal Home Loan Bank Notes to Uninvested Funds - Electric Department Depreciation Reserves. 2. Resolution approving a resolution granting a leave of absence to Mrs. Maxine Klingsporn following surgery. 3. Resolution adopting assessment roll for curb and gutter on 13:h•Avenue and 20th St. N.W., Lots 5,6,7,8, Block 26, Elton Hills 6th Subdivision. 4. Resolution k;adopting assessment roll for sidewalk approaches to Mayo High School - Part 1, 1968. 5. Resolution eadopting assessment roll for construction of sidewalk• approaches to Sunset Terrace School - Part 2, 1968. 6. Resolution authorizing execution of proposal with Agneberg-Sankstone Associates for engineering services for Elevated Water tank and trunk line for the High District of the West Service Area. 7. Resolution authorizing execution of proposal with Agneberg-Sankstone Associates for engineering services for sewer.for Manor Woods 1st Sub. 8. Resolution authorizing conveyance by metes and bounds -rearrangement of Lot 1, Block,4, Elton Hills East Third Subdivision and Lot 1, Block 1, Valhalla 4th Subdivision. 9. Resolution authorizing City Clerk to advertise for porposals for furnishing one years supply of liquid chlorine for Sewage Treatment Plant. 10. Resolution declaring cost to be assessed and ordering preparation of proposed assessment for sidewalk approaches to Winston Churchill School -Part 2 - 1968. 11. Resolution ordering a hearing on the proposed assessment for sidewalk approaches to Winston Churchill School - Part 2-1968. 12. Resolution declaring cost to be assessed and ordering preparation of proposed assessment for concrete sidewalk on the north and east side of llth Avenue N. W. from 16th Avenue N. W. to 19th St. N.W. and on the east side of T.H. 52 frontage road from 16th St. N.W. to a point 200 feet north. 13. Resolution ordering a hearing on proposed assessment for sidewalk on the north and east side of llth Avenue N.W. from 16th Avenue N.W. to 19th St. N. W. and on the.east side of T. H. 52 frontage road from 16th St. N.W. to a point 200 feet north. 14. Resolution declaring cost to be assessed and ordering preparation of proposed assessment for sidewalk on the south side of Northern Heights Drive between 5th Avenue and 22nd St. N.E. and on the east side of 7th Avenue N.E. between Northern Heights Drive and 22nd St. N. E.. 15.. Resolution ordering a -hearing on proposed.assessment for sidewalk on the south side of Northern Heights Drive between 5th Avenue and 22nd Street N.E. and on the east side of 7th Avenue N.E. between Northern Heights Drive and 22nd St. N.E. 16. Resolution referring petition for sidewalk on the north side of 23rd St. N.W. from 18k Avenue N. W.. to 21st Avenue N.W. to City Engineer and Public Works Committee for determination of adequacy, etc. 17. Resolution receiving preliminary report, ordering a public hearing and directing preparation of plans and specifications for street grading and surfacing, storm sewer, water main, sanitary sewer, and service connections in 18th Avenue N.W. from Cascade Street to•33rd Street N. W. 18. Resolution referring proposed improvement for feasibility report and recommendation for street grading and surfacing, sanitary sewer, storm sewer, water mian, and service connections in.18th Avenue N.W. from Cascade Street to 33rd St. N.W. 1 1 17 L E 1 Record of Official Proceedings of the. Common Council 243 of the City of Rochester, Minn., May 50 1969 u • J 19. Resolution referring proposed improvement for" feasibility report and recommendation for sidewalk on the south side ofvElton Hills Drive N.W. from-3rd Avenue N. W. (West River Road) to 9th Avenue N.W. 20. Resolution referring proposed improvement for feasibility report and recommendation for sanitary sewer and water main extension to the West of Lot 21 in Allendale Subdivision. 21. Resolution accepting bid for Sidewalk Project #4-E-1969. 22• to It It #6-E-1969. 23. It it it #11-W-1969. 24. " of #12-W-1969. 25. # 14-W-1969. 26. " " " #15-W-1969. 27• " " " #16-W-1969. 28. " " " #17-W!;�1969. 29• " #19-W-1969. 30. " " " #21-W-1969. 31. " " " #22-W-1969. 32• " #23-W-1969. 33. " " " Folwell-Edison School Area-Sec.I 34. " " " Folwell Edison School Area-Sec.II 35. " " Street Grading, surfacing, sanitary sewer, storm sewer, water main and service connections in 19th Street N.W. and Block 4, Valhalla 4th. 36. Resolution ordering bids for One Brine Tank for the Mayo Civic Auditorium. 37. Resolution approving resolution adopted by Public Utility Department setting salaries for various positions (102 employees). Upon motion by Larson, second by Folkert, and upon roll calland all voting in favor, the rules were suspended and an ordinance annexing to the City of Rochester, Minnesota certain unplatted lands not exceeding two hundred acres in area, all being in the R =X1=t (107) NIUM i%XM Southwest Quarter of Section ;; 23; Township One Hundred r(7): North, Range .1F.6iirteen West, Olmsted County, Minnesota (Elton Hills East 6th) was given its third and final reading. A motion was then made by Folkert, second by Larson, that the said ordinance be adopted as read, and all voting in favor, President DeVries declared the said ordinance duly passed and adopted. Upon motion by Larson, second by Folkert, and upon roll call and all voting in favor the rules were suspended and an ordinance annexing to the City of Rochester, Minnesota, certain unplatted lands not exceeding two hundred acres in area, all being in the Southeast Quarter of the Southwest Quarter of Section Six, Township One Hundred Six North, Range Thirteen West, Olmsted County, Minnesota (two parcels at Junior College Site) was given its third and final reading. A motion was then made by Folkert, second by Ludowese, 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 prupose of promoting health, safety, order, convenience and general welfare by regulating the use of land, the location, size, use and height of buildings, and the arrangement of buildings, on lots, and the density of population within this City of Rochester, Minnesota, all in accordance with a comprehensive plan (changing west 77 feet of Lots 2 and 3 and east 15 feet of Lot 4 less South 103 feet thereof, Block 42, Morse & Sargeant's Addition to B-la Neighborhood Busines District) was given its third and final reading. Alderman Postier said there had been a grocery store on this lot which was now torn down and the Planning Department had recommended no change as they felt this was spot zoning, and also there was a petition signed4')by 30 property owners in this area that were opposed to it so he felt 0 -/ iu F'244 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., May 5, 1969 this should not be approved. Alderman Larson said the Planning &Zoning Department had been asked to come up with a,recommendation to have small grocery stores, there is already one in this block but he thought another one could be used and did not feel it was out of line to have competitionthere. A motion was then made by Postier, second by Ludowese, that the ordinance be not adopted and upon roll call and Cherland, Folkert, Ludowese., Postier and Strain voting "aye" and Larson and DeVries voting "nay", President DeVries declAred the said ordinance not adopted. A motion was then made by Postier, second by Folkert, that the Planning & Zoning Commission take a look at the B-la District and that this one lot in the 900 block on 4th Street be changed from the B-la District to the R-3 District to coincide with tie rest of the area; all voted in favor. A motion was then made by Larson, second by Folkert, to again reconsider the action taken earlier on the recommendation of the Planning & Zoning Commission regarding the petition to change the zoning districting on proposed Lots 1-9, Block 4, Crescent Park 8th Addition; all voted in favor. Mr. Don Close, the developer of this land was present and requested that -the Council reconsider their action, he said they knew when they brought these lots in that they were small lots but just brought them as they -were before the new junior high school was planned, he said they planned to now redevelop it and maybe put on something.like Town Houses, etc. upon motion by Larson, second by Ludowese, and all voting in favor, this recommendation was tabled until the meeting of May 19, 1969. s A motion was then made by Postier, second by Strain, that this meeting nbe adjourned until 7:30 o'clock P. M. on May 19, 1969; all voted in favor. City Clerk I. • 1 1 I*