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HomeMy WebLinkAbout05-19-1969Record of Official Proceedings of the Common Council of the City of Rochester, Minn., May 19, 1969 1 • 1 1 1 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 19, 1969: President DeVries called the meeting to order at 7:30 o'clock P. M., the follow- ing members being present: President DeVries, Aldermen Cherland, Folkert, Larson, Ludowese, Postier,-Strain. Absent: None. Upon motion by Ludowese, second by Folkert, the minutes of the meeting of. May 5, 1969 were approved with the following correction: on page 12, line 6, the name "Peterson" be added after Attorney; all voted in favor. Bids were received at 11:45 A. M. for furnishing of one year's supply of liquid chlorine for the Sewage Treatment Works and the bids of Jones Chemical Company in the amount of $4.93 per cwt; Lyon Chemicals, Inc. in the amount of $5.22 per cwt; and Hawkins Chemical Inc.,in.the amount of $5.65 per cwt were each received and it was recommended that the bid of Jones.Chemical, Inc. be accepted. Upon motion by Larson, second by Ludowese, and all voting in favor, the low bid -of Jones Chemical Company was accepted. President DeVries stated this as being the time and place set for hearings on the following projects: Hearing on proposed assessment for sidewalks in the John Marshall and Washi School Areas - 1968. There was no one present wishing to be ,heard. President DeVries declared the hearing officially closed. A motion was then made by Postier, second by Folkert, to proceed with the asessiment;all voted in favor. Hearing on proposed assessment for sidewalk approaches to*Kellogg & Jefferson Schools - 1968; There was no one present wishing to be heard. President DeVries declared the hearing officially closed. A motion was then made.by Ludowese,,second by Cherland to proceed with the assessment; all voted in favor. Hearing on approval of the final plat of Country Club Manor 7th Subdivision. There was no one present wishing to be heard. President DeVries declared the hearing officially closed. A motion was then made by Ludowese, second by Strain, instructing the City Attorney to prepare a resolution approving the said plat. Hearing on application to vary provisions of Ordinance No. 1296 as they apply to property located at 800 First Avenue S. W. to permit a reduction in the required side yard (Emrold Thiem). Mr. Emrold Thiem.was present and urged that this variance be granted, he again explained that he was only asking for a 5 ft. variance and he felt this would work no hardship on the abutting property as it was a city park, was zoned as flood plain and there would never be a permanent type of structure built on it. There was no one else, wishing to be heard., President DeVries declared the hearing officially closed. A motion was made by Larson, second by Postier, instructing the City Attorney to prepare a resolution granting the said variance; all voted in favor. Hearing on application to vary the yard space as it applies to Lots 20, 22 and part of 23, Auditor's Plat "B" (Prow's Motel). Mr. B. DeWitz, the contractor, was present and said that this was going to'be a 28 unit motel -apartment building with an indoor F'24.6 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., May 19, 1969 swimming pool, the reason they had to ask for a variance was that there were going to be cooking facilities in each unit which classified it as an apartment building. Mr. Franklin Michaels, Attorney said this'was a continuation of an existing building and they had part of of it built and found that by the terms of the ordinance that with cooking facilities it was technically called apartments, he said there were more than two parking places per unit and urged that the variance be granted. A motion was made by Cherland, second by Strain, that the City Attorney be instructed to prepare a resolution granting the -variance; all voted in favor, except Alderman Ludowese who voted "nay'. The report of the Commissioners on -Condemnation proceedings relative to Lots 13, 14, 15 and 16, Block 20, Moe and Olds Addition, Olmsted County, Minnesota (Cravath Property) was presented. Also a notice of -objection to commissioners' report signed by Dale and Doris 1 Cravath was read. Mr. Gerald Swanson, City Attorney, said he had met with the owners and had also met with the commissioners and reviewed their report and felt this was a fair award for the property taken. A motion was made by Larson, second by Folkert, that the report of the Commissioners be accepted and the City Attorney prepare the necessary resolution accepting the said report; all voted in favor. A letter from the Rochester Airport Commission recommending that the Council go on record in opposition to H. F. No. 2510, Minnesota Airports Commission Bill, and adopt a resolution in opposition thereto, was read. Upon motion by Postier, second by Cherland, the recommendation was accepted and the City Attorney was instructed to prepare a resolution in opposition thereto; all voted in favor. A letter from the Rochester Airport Commission recommending that -the Council approve Change Order No. 1 on FAAP No. 9-21-079-C911, Minnesota Project No. 5501-26 and authorize the Mayor to execute the necessary documents, the change order will increase the contract price in the amount of $103.80, was read. Upon motion by Larson, second by Ludowese, the change order was approved and the Mayor authorized to execute same; all voted in favor. A letter from the -Rochester Airport Commission -submitting a list of sub -contractors for the general contractor, Arcon Construction Company, Inc. for Rochester Municipal Airport Project FAAP 9-21-079-C911, was read and upon motion by Folkert, second by Postier, and all voting in favor, the same was ordered placed on file. The requests of American Legion Auxiliary and Veterans of Foreign Wars Auxiliary for permission to sell poppies on the streets of Rochester on Friday, May 23rd from 3:30 P. M. to 3:30 P. M. on Saturday, May 24, 1969, were each read. Upon motion by Postier, second by Folkert, and all voting in favor, the requests were approved., A letter from Builders Land Company requesting that consideration be given to establishing the public sidewalks -in new subdivisions to a width of 4 feet on all streets except main thoroughfares, was read and upon motion by Folkert, second by Postier, and all voting in favor, the letter was referred -to the Public Works Committee. • 1 • 1 0 Record of Official Proceedings of the Common Council 247 of the City of Rochester, Minn., May 19, 1969 1 • A letter from the Rochester Association of Life Underwriters requesting permission to conduct a July 4, 1969 "Kiddie Parade" was read and upon motion by Larson, second by Folkert, and.all voting in favor, the letter was referred to the Public Safety Committee with power to act'. A letter signed by Mrs. and Mr. Woodrow Nelson of 1417 7th Avenue-N. W. stating that they had been made aware of the fact that the ramping is inadequate at the airport and urging that some plans be made to help the many paraplegics coming to Rochester was read. Upon motion by Folkert, second by Postier, and all voting in favor, the letter was referred to the Public Works Committee and Planning & Zoning Commission. A letter from the Mayor's Parking and Traffic Committee recommending that the Council reject the choice of the Library Board of the block east of the Bus Depot (known as the statutory lot) for erection of a new library, was read. Upon motion by Folkert, second by Larson, and all voting in favor, the]etter was referred to the Finance Committee. A letter signed by Bert Alexander stating that he had made application for an off -sale liquor license in 1956 and wished to advise that his request is still in effect and that the application would be used at 1006 North Broadway in the event of the granting of said license, was read and President DeVries ordered the same placed on file. A notice from the Public Service Commission granting an order to Jefferson Lines, Inc. authorizing and approving the discontinuance of service to Wanamingo, Minnes was presented and President DeVries ordered the same placed on file. The complaint of Pamela J. Block, a minor by her father Robert F. Block, for an injury received when backstop collapsed at Slatterly Park was read and upon motion by Postier, second by Folkert, and all voting in favor, the same was referred to the City Attorney. Four resolutions adopted by the Public Utility Board (a) that the Board be authorized to enter into a purchase order.contract with Crescent Electric Supply Company for transformers (b) that Secretary of Public Utility Board and Head Cashier be authorized to sign checks drawn on revolving fund and that the Collections Manager in addition be authorized to sign checks (c) that'$150,000 be appropriated to Rochester State Bank for the purchase of U.S.'Treasury Bills maturing May 22, 1969 and (d) that the Board be authorized to sell $270,000 6.307. Federal Land Bank Bonds, were each read and upon motion by Larson, second by Strain, and all voting in favor, the same were approved. A letter signed by Warren Arnold stating that his property consisting of 20.2 acres was recently annexed to the City and he would appreciate placing this land under the rural service district for tax purposes, was read and upon motion by Larson, second by Cherland, and all voting in favor, the letter was referred to the Planning & Zoning Commission. The following petitions and applications were presented and upon motion by Larson, second by Ludowese, and all voting in favor, the same were referred to the Planni and Zoning Commission: Record of Official Proceedings of, the Common- Council of the City of Rochester, Minn., May 19, 1969 1. Petition.of K & S Construction for zone change on Lost 1,2,3,4,5, Block 1 and Lot 1, Block 2, Indian Heights 3rd Subdivision to R-2 District. 2. application of Francis Caron for variance on property at 612-2nd St. S.W. 3. application for plat approval of Indian Heights 3rd Subdivision (final) 4. application of Carl Hutchings for variance -on Lot 3, Block 28, Morse & Sargeants Addition. 5. Notice from Town Board of the Town of Rochester protesting annexation of Lots 5 and 6, Block 2, Golden Hill Addition. .6. Notice in the matter of the petition of certain freeholders for annexation of land along Highway 63 South and other land. A letter from the Minnesota National Guard Association extending to the Mayor and members of the Common Council their sincere thanks for the courtesies and cooperation extended to all members and their ladies who were in attendance at the 64th annual conference, was read and President DeVries ordered the same placed on file. A letter signed by Richard J. Hesse, Colonel, Corps of Engineers expressing appreciation for cooperation in assisting the Corps of Engineers in the emergency work done under 'Operation Foresight" was read and President DeVries ordered the same placed on file. A letter from the Olmsted County Memorial Association (Carol Ann Wallace, Secretary) requesting permission to have a parade on May 30, 1969 was read and upon motion by Postier, second by Ludowese, and all voting in favor, the request was approved. A letter signed by Mrs. James G. Delano requesting permission for the New Democratic Coalition to have a small parade through the downtown section of Rochester on May 30 (Memorial Day) was read. President DeVries said that inasmuch as this was a new request it would have to be referred to the Public Safety Committee for review and recommendation and their recommendation would have to be approved by the Council at its next meeting which would not be until Uune 2, 1969, a few days after Memorial Day; it was suggested that any parade should be carried on as a part of the City's usual Memorial Day observance. Mrs. James Delano was present and said they should have requested permission earlier but said the national Democratic Coaliton had not notified them until last week that they were urging local groups to parade in this manner on Memorial Day, she said her group would contact the Memorial Association for permission to parade with that group at the end of its line of march. Mr. Franklin Michaels was present and stated that the Art Festival was being held on June 8, 1969 and requested permission to close off streets by the Art Center and the Civic Theatre and also would like to run a fence from the South line of the Civic Theatre to the north. Upon motion by Strain, second by Folkert, and all voting in favor, his request were approved. The recommendation of the Planning and Zoning Commission stating that they had reviewed the need for a major transportation link across the north port of the City from U. S. 52 to U. S. 63 and also reviewed again the official street map for this thoroughfare that had been prepared by the Olmsted County Planning Advisory Commission; they also heard comments that the State of Minnesota is apparently unofficially considering a connectionbetweenU. W. 52 and U. S. 63 at some location considerably farther; north of the location recommended by the Rochester -Olmsted Transportation Planning Study; they feel that as additional development progresses in the area north of 37th St. N.W. a major transportation facility will be needed J E • 1 0 0 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., May 19, 1969 1 num 1 0 in this general location as was pointed out.by the R.O.T.P.S., the time to begin reserving the right-of-way for this route is now, before private interests construct",buildings in the area needed for this facility, the least expensive means of reserving this right-of-way is by the use of the official street map provisions of the County Planning Act of 1959; the therefore strongly recommend that the Common Council request the Olmsted County Board of Commissioners to adopt the official street map for Circle Drive N. W. from U. S. 52 to U. S. 63 as prepared by the Olmsted County Planning Advisory Commission, was read. Upon motion by Postier, second by Folkert, and all voting in favor, this recommendation was referred to the Public Works Committee. The recommendation of the Planning & Zoning Commission stating that they had reviewed the matter of changing the zoning districting on Lots 1-6, Olson's Subdivision from the R-1 to the R-3 District and find that this general area is predominately a single family residential area, after evaluating all of the information that has been presented on this proposal it is the concensus of the Planning and Zoning Commission that this area not be used anymore intensely than for uses that are permitted in the existing R-1 District and therefore recommend that this petition to change the zoning to the R-3 District be denied, was read. Mr. George Pougiales, Attorney representing the petitioner, was present and again reviewed why he felt this zone change be granted. Mr. Tom Healey, Attorney representing the residenis in this area, said this has been back and forth a number of times and was recommended for denial each time and felt the Council should go along with this and deny the requested zone change; upon request he explained that this land originally belonged to Dr. Wakefield, a consultant on the staff at the Mayo Clinic, until about 10 years ago at which time he sold the entire parcel to Arthur Olson from Oklahoma; Mr. Olson lived on this property until about 1'k years ago and at that time he subdivided the property and sold two lots to Dr. Retz and later sold the remaining six lots to Mr. Hrska and Mr. Young, he said they did discuss the deed to the adjoining property on the south and it stated that the property could be used and there were no private restrictions included below R-4 use. After hearing those present a motion was made by Folkert, second by Larson, that the recommendation of the Planning & Zoning Commission be approved and the zone change was denied; all voted in favor. The recommendation of the Planning & Zoning Commission stating that they had reviewed the application.of Rochester Rent -All to display for rental various equipment outside on the lot located on the N.W. corner of North Broadway and llth Street N. W. and find that this property is currently zoned a B-lb District but it has a house on the property and there are also houses to the north of this location in the B-lb District and houses to the west in an R-1 District; the storing of vehicals and other equipment in the yard space around the house presents a very unkept appearance to the whole general neighborhood; because of the existing conditions, both on the lot in question and the original site of Rochester Rent -All on the S.W. corner of North Broadway and llth Street N. W., they recommend that this request be approved provided the applicant erects a F'2 5 0 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., May 19, 1969 suitable screening around the outer perimeter of Lot 6, Block 25 and Lot 1, Block 26, Northern Addition to effectively hide from view the equipment displayed on the property, was read. Upon motion by Larson, second by Ludowese, and all voting in favor, the recommendation was approved subject to the screen being erected within 30 days. The recommendation of the Planning & Zoning Commission in regard to the petition for a front yard variance on Lot 3, Hutchings Second Replat (south of 8th Street S. E. and 10th avenue S. E.) was read and upon motion by Folkert, second by Strain, and all voting in favor, the same was tabled until later in the meeting. The recommendation of the Planning Department that the application requesting a waiver of the requirements of the subdivision ordinance to convey property by metes and bounds description (Parcel 1: the west 153 feet of Lot 2, Halls First Addition and Parcel 2: the east 109.65 feet of Lot 2, Halls First Addition) be approved was read and upon motion by Postier, second by Larson, and all voting in favor, the recommendation was approved. The recommendation of the Public Safety Committee that the request of the Tropic Bar and Lounge to extend their liquor and dance limits to the entire building during the summer months be approved, subject to approval of the plans by the Fire Chief and the City Building Inspector, was read. Upon motion by Postier, second by Folkert, and all voting in favor, the recommendation was approved. The recommendation of the Public Safety Committee that an adult crossing guard be authorized for Herbert Hoover Elementary School for the 1969-70 school year to assist children crossing Elton Hills Drive, was read and upon motion by Larson, second by Folkert, 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 west side of 15th Avenue, 60 feet more or less immediately south of 2nd Street Southwest, was read and upon motion by Postier, second by Cherland, and all voting in favor, the recommendation was approved and the City Attorney was -instructed to -prepare the necessary resolution. The recommendation of the Public -Safety that the application for transfer of the "on sale" and "off sale" non -intoxicating malt liquor licenses now issed to Donald Cunningham, Queen City Beer and Groceries at 513 Second Street N. W. to Thomas C. Wahlberg be approved, was read and upon motion by Ludowese, second by Strain, and all voting in favor, the recommendation was approved and the transfers granted. • The recommendation of the Public Works -Committee that the Common Council initiate a public improvement project without petition for sidewalk to serve Lot 1 of Henke's Replat of Block 29, Northern Addition, was read and upon motion by Folkert, second by Postier, and all voting in favor, the recommendation was approved. The recommendation of the Public Works Committee that the Common Council initiate a local improvement project for concrete sidewalk on the north side of 5th Street Southwest from 19th Avenue to 20th Avenue Southwest, this'was originally included in the • 1 Record of Official Proceedings of the Common Council 2 o i of the City of Rochester, Minn., May 19, 1969 1 • 1 0 1 sidewalk program but later deleted and after reconsidering the matter, the Committee recommends that it be installed as originally proposed, was read. Mms Riary Barker of 424-20th Avenue S.W, was present and again protested construction of sidewalk here, she said there were four taxpayer who lived and here and were 100% opposed, three of these people owned double lots and did not feel they could bear the expense, she said she understood the reason this was reconsidered was that the -frontage road was -dangerous and cars park on both sides of the street between the Highway and the frontage road but she said they all had parking facilities and did not leave their cars on the street. Alderman Folkert said the reason this was brought up again was that the people between the service road and 19th Avenue called following the meeting when this was considered and asked why the sidewalk was not put here and where they.could be heard on it, he said he referred them to the Public Works Committee and the Committee did go out and again studied this and after the study felt it should be put here; he also said he personally made a count of the children here -and found ten coming down from the top and 23 from around the corner making a total of 33 from this area. A motion was then made by Larson, second by Ludowese that the recommendation be approved; all -voted in favor.. . The feasibility report of the City Engineer stating that construction of concrete sidewalk on the north side of 5th Street S. W. from 19th Avenue to 20th Avenue S. W. is feasib and recommend its construction and that it -be included in the construction with other sidewalks in Sidewalk Project V A-W-1969 on 5th Street S.W., the estimated costs are $1,426.00, 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 Ludowese, and all voting in favor,.the recommendation was approved. The feasibility report of the City Engineer stating that sanitary sewer and water main extension to the West k of Lot 21 in Allendale Subdivision is feasible and recommends its construction on the following alignment: beginning on 20th Ave. near the north line of Lot 22 in Allendale, thence southerly to the north line of Lot 21, thence westerly along the north line Lot 21 to the easterly r-o-w T. H. 52, thence along the Easterly rao-w to the south line of Lot 21 extended, the estimated costs are $20,319.00, was read together with the recommendati of the Public Works Committee that the above -project be constructed along the alignment proposed by the Engineer with the costs assessed against the abutting property served. Upon motion by Folkert, second by Postier, and all voting in favor, the recommendation was approved. The feasibility report of the City Engineer stating that concrete sidewalk on the south side of Elton Hills Drive N. W. from 3rd Avenue N.W. (West River Parkway) to 9th Avenue N. V. is feasible and recommends its construction, estimated costs are $9,873.00, was read together with the recommendation -of the Public Works Committee that the above project be constructed with the costs to be assessed to the abutting properties. Upon motion by Postier, second by Cherland, and all voting in favor, the recommendation was approved. The feasibility report -of the City Engineer stating that construction ofsidewalk to serve Lot 1 of Henke's Replat of Block 29., Northern Addition is feasible and recommends its is 0 F7252 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., May 19, 1969 construction, estimated costs are $385.00, was read together with the recommendation of the Public Works Committee that the above project be constructed with the cost to be assessed against Lot 1 of Henke's Replat of Block 29, Northern Addition. Upon motion by Postier, second by Strain, and all voting in favor, the recommendation was approved. The feasibility report of the City Engineer stating that construction of sidewalk on the north side of 22nd Street N. W. from 18k Avenue N. W. to 21st Avenue N. W. is feasible and recommend its construction, estimated cost is $3,913.00, was read together with the recommendation of the Public Works Committee that the above project be constructed with the costs to be assessed against the abutting property served, in accordance with the present assessment policy. Upon motion by Ludowese, second by Strain, and all voting in favor, the recommendation was approved. The applications of Wayne Plumbing & Heating, Inc. and Fuel Economy Engineering Company for Master Plumber's License' Dale L. VandeWalker, Orville A. Lubahn and Stephen D. Davis for Journeyman Installers License; and Wallace.Klinhuizen, Vincent Stienessen, William Tointon, Gerald Nichols, H. M..Macken, Gary A. Leferink, James Klingsporn, Orville Lubahn, Roger Vick and Dale L. Van de Walker for Journeyman Plumber's License were each read and upon motion by Postier, second by Strain, and all voting in favor, the licenses were granted. The applications of quality Homes, Inc. and Clayt Boutelle Cement Contractor for license to construct sidewalks, curb.and gutter and driveways were each read and upon motion Iby Folkert, second by Postier, and all voting in favor, the licenses were granted. The application of Bzoskie Sign Company, Inc. for a license to erect and maintain signs was. read and upon motion by Postier, second by Folkert, and all voting in favor, the license was granted. The applications of Zumbro Oil Company, Wards IGA Foodliner and Hillcrest Country Kitchen for license to sell cigarettes were each read and upon motion by Ludowese, second by Strain, and all voting in favor, the licenses were granted. The applications of Pantry Grocery and Wards IGA Foodliner for "off sale" non intoxicating malt liquor license were each read and upon motion by Ludowese, second by Strain, land all voting in favor, the licenses were granted. The license bond of Wayne Plumbing & Heating, Inc. in.the amount of $1,000.00 with Western Surety Company as surety was read and upon motion by Postier, second by Folkert, the bond was approved. The contract bonds of Ed Mahoney and Dick Pearson Concrete (3) in the amounts of $10,325.24, $9,433.53 and $6,182.10 with United States Fidelity & Guaranty as surety; C. M. Boutelle & Sons, Inc. (4) in the amounts of $13,354.70, $7,867.50, $15,690.00 and $6,500.00 with Capitol Indemnity Corporation as surety; Doyle Conner Company (2) in the amounts of $12,116.60 and $9,236.04 with State Automobile & Casualty Underwriters as surety; Phil Ryan Cement Contractor (2) in the amounts of $7,461.32 and $8,464.12 with United States Fidelity & Guaranty as surety; B. DeWitz in the amount of $14,593.28 with United States Fidelity & 1 • J 1 0 1 0 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., May 19, 1969 1 I 0 I Guaranty as surety; and Riverside Sand & Gravel in the amount of $31,398.37 with United States Fidelity & Guaranty as surety, were each presented and upon motion by Postier, second by Strain, and all voting in favor, the bonds were accepted and referred to the Mayor for approval. The recommendation of the Planning & Zoning Commission stating that they had reviewed the matter of the future development potential for lands lying south of the Apache Mall Shopping Center Subdivision and West of the Zumbro River with particular reference to providing vehicular access to this area; after thorough consideration of this matter with the benefit of presentations by the property owners involved they are of the opinion that a public street needs to be provided to the south from 16th St. S.W. to provide access to lands lying south of Apache Corp.Property and west of the Zumbro River; the rest is subject to flooding but it could be filled; the Zumbro River channel could be relocated to provide an additional area of useable land on the west side of the river; highway 52 runs along the west edge of property and access is denied from this property to the highway; over the years this Commissic has requested other property owners to provide access to an adjoining neighbor so this is not a new consideration; with these thoughts.in mind, they wish to reaffirm their recommendation on the preliminary plat of Apache Mall Shopping Center Subdivision dated March 26, 1969 with particular reference to the need for providing access to the property lying south of 16th.St. S. W. lying between the Zumbro River and U. S. 52, was read. Mr. Art Swan, Attorney represent ing Apache Mall, said he would like to point out that the plant in front of the Council now is revised and was never taken up by the Planning & Zoning, this plat only platted the land north of 16th Street; he said if Apache donated the amount of land needed for street right-of-' way,about one half an acre, it could cost the firm from $100,000 to $300,00 depending upon where the street is laid out and if the street is laid out improperly the entire Apache acreage south of 16th Street S. W. would depreciate since it could not be utilized to its fullest extent; Mr. Swan requested that the Council approve the plant of the property north of 16th Street and delay action on the portion to the south for 90 days. Mr. Harvey Coleman, General Manager of Apache's real estate division, also requested that the plat of the proper north of 16th St. be approved and they be given 90 days to come back with a plat of the pro- erty south of 16th St.; he said they vehemently opposed an extension of right-of-way across their property and if this plat was not approved now they would lose three potential sales;hel said he did not think the Council should fprce them to dedicate property for someone else's use. Tom Moore, Planning Director, said the City had been trying to get a plat of this area for three years and would like to have the plat but it does not solve the problem south of 1 Street; he also said no requests had been approved for sale of parcels by metes and bounds; said the recommendation was based on the old plat and they had recommended that (1) the, triangle be shows as highway right of way (2) the easement should not be designated as a public access (3) the water tower site and well site be shown on the plat and (4) access be shown on this plat. Mr. Mike Behrens, Attorney representing the property owners south of 16th Street, this property contains about 10acres and is located east of the U. S. 52 bypass 254 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., May 19, 1969 A motion was made by Larson, second by Folkert,'that the following resolutions be adopted in block and all voted in favor. A motion was then made by Folkert, second by Larson, that the following resolutions be adopted as read and all voting in favor, President DeVries declared the said resolutions duly passed and adopted: Resolution authorizing issuance and sale of $2,000,000 Public Utility Revenue Bonds for 1969. Resolution approving "An Act relating to Police Meter Maids in the City of Rochester. Resolution accepting easement granted by Wilbur E. Cotton and Dorothy M. Cotton for street easement over a part of Lot 5, Block 8, Wm. McCullough's Addition. Resolution authorizing and directing City Clerk to advertise for sealed proposals for three patrol cars. Resolution authorizing Public Utility Board to enter into a purchase order contract with Crescent Electric Supply Company for transformers. Resolution authorizing Collection Manager in Public Utility Department to sign checks drawn on their revolving fund. Resolution approving appropriation of $150,000 to Rochester State Bank for purchase of U. S. Treasury Bills maturing 5-22-69. Resolution authorizing Utility Board to sell and transfer proceeds of $270,000 Federal Land Bank Bonds. Resolution authorizing conveyance^by'metes and bounds - the west 153.00 feet of Lot 2 and East 109.65 feet of Lot 2, Halls First Addition. Resolution adopting assessment roll for construction of sidewalks in the John Marshall and Washington:School Areas - 1968. Resolution adopting assessment roll for sidewalk approaches to Kellogg and Jefferson Schools - 1968. Resolution accepting plat to be known and designated as Country Club Manor Seventh Subdivision. Resolution declaring cost to be assessed and ordering preparation of proposed assessment for concrete sidewalk on north side of Elton Hills Drive N.W. and North Broadway to 12th Avenue N.W. Resolution ordering a hearing on proposed assessment for concrete sidewalk on north side of Elton Hills Drive N. W. and North Broadway to 12th Avenue N.W. Resolution receiving preliminary report and ordering a public hearing for sani- tary sewer and water main extension to the west ki of Lot 21 in Allendale Subdivision. Resolution receiving preliminary report and orde-ring a public hearing on construction of sidewalk on north side of 5th Street S. W. from 19th to 20th Avenue S.W. Resolution referring proposed improvement for feasibility report and recommendation for sidewalk on the north side of 5th Street S. W. from 19th to 20th Ave. S.W. Resolution receiving preliminary report and ordering a public hearing for construction of curb and gutter on the south side of 5th St. S.W. from 15th to 16th Avenue S. W. and the west end of vacated 5th St. S.W. 1 1 1 • Record of Official Proceedings . of the Common Council of the City of Rochester, Minn., May 19, 1969 1 • 1 1 C 1 Resolution referring improvement petition for report and recommendation for side- s.ic e�aalk`eon_, ornth.�side, 9f .2.7nd;.5t. z e -,#-.,,;1,8 to 21st Avenue N. W. Resolution referring proposed improvement for feasibility report and recommendation for sidewalk to serve Lot 1 of Henke's Replat of Block 29, Northern Addition. Resolution receiving preliminary report and ordering a --.public hearing on cnnstructi of a sidewalk to serve Lot 1 of Henke's Replat of Block 29, Northern Addition. Resolution receiving preliminary report and ordering a public hearing 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. Resolution determining adequacy of improvement petition, receiving preliminary report and ordering a public hearing for construction of sidewalk on the north side of 22nd Street N. W. from 18k Avenue N. W. to 21st Avenue N.W. Resolution approving plans and, specifications and ordering bids for Sidewalk Project #1-E-1969. Resolution approving plans and specifications and ordering bids for Sidewalk Project 1k2-E-1969. Resolution approving plans and specifications and ordering bids for Sidewalk Project #3-E71969. Resolution approving plans and specifications and ordering bids for Sidewalk Project #5A-E-1969. Resolution approving plans and specifications and ordering bids for Sidewalk Project #5B-E-1969. gesolution approving plans and specifications and ordering bids for Sidewalk Project VA-W-1969. Resolution approving plans and specifications and ordering bids for Sidewalk Project #7B-W-1969. Resolution approving plans and specifications and ordering bids for Sidewalk Project # 9-W-1969. Resolution approving plans and specifications and ordering bids for Sidewalk Pr6j,ect #10-W-1969. Resolution approving plans and specifications and ordering bids for Sidewalk Project #13-W-1969. Resolution, approving plans and specifications and ordering bids for Sidewalk Project #18-W-1969. Resolution approving plans and specifications and ordering bids for Sidewalk Project #20-W-1969. Resolution granting one public dance permit to the Rochester Fire Civic Welfare Association. A motion was made by Folkert, second by Strain, that the semi-monthly bills in the amount of $ 193,716.86 . , list of which are attached hereto, be approved; all voted in favor. F'256 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., May 19, 1969 , r� U The recommendation of the Planning &•Zoning"Commission that the petition, tom change the zoning districting on lands known as the Till Property N. W. from the R-1 District to the R-3 District and the B-lb District had been considered and recommending that the area proposed as a B-lb District be granted approval and that the area proposed as an 3-3 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 Postier, second Dy Larson, and all voting in favor, the recommendation was tabled. The recommendation of the Public Works Committee regarding the Thorofare Plan [or downtown area was read and upon motion by Strain, second by Postier, and all voting in • Eavor, the recommendation was tabled. The recommendation -of the Planning & Zoning Commission that the -following proposed revisions (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 3f par. 22.041 (5) proposed revisions to pars. 52.04, 52.040, 52.041 and 52.042 and (5) proposed revisions to pars. 15.070, 15.071, 15.072 and 15.073 be adopted, -was read. notion by Larson, second by Postier, and all voting in favor, the recommendation was accepted and a hearing on the proposed revisions was set for 7:30 o'clock-P. M. on June 16, The recommendation of the Planning & Zoning Commission that the'petition to change the zoning districting on property designated as Parcel X located at the S. E. corner 3f 18th Avenue N.W. and 37th Street N. W. from the R-1 District to the B-lb District be denied, was read. Mayor�Day stated that at the time this was first read, Mr. Miller the petitioner became ill and requested that this be tabled until he got on his feet again and could present his side of the story and again suggested that this either be tabled or acted 3n favorably. Upon motion by Cherland, second by Folkert, and all voting in favor, the recommendation of the Planning & Zoning Commission was approved and the zone change was denied. The recommendation of the Planning & Zoning Commission that -the petition to change the zoning districting on property located between 37th Street N. W. and 36th Street v. W. from the 15th Avenue N.W. to the 18th Avenue N. W. less a small parcel at" the inter- section of 18th Avenue N. W. and 37th Street N. W. from the R-1 District to the R-3 District (Parcel Y) be denied, was read. Upon motion by Folkert, second by Ludowese, and all voting in favor, the recommendation was approved and the zone change was denied. The recommendation of the Planning & Zoning Commission stating that they had reviewed the petition to change the zoning districting on proposed Lots 1-9, Block 4, "rescent Park 8th Addition from the R-1 District to the R-3 District 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 they 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. Mr. John Yaeger, a member of 9 Record of Official Proceedings of the Common Council 25r of the City of Rochester, Minn., May 19, 1969 1 0 L 1 the Rochester School Board, was present and said Mr. Elford had attended their last Board meeting and had indicated that he intended to erect some additional multiple dwelling here and the Board had agreed that they had no objections to this, they felt that it might act as a buffer zone to other residential in this area. Mr. Carl Elford, the owner, was also present and said he intended to erect a building that would be compatable to the rest of the area and that it would be constructed some time this summer. Mr. Franklin Michaels, Attorney representing Mr. Elford, also requested and urged that this zone change be granted A motion was made by Cherland, second by Folkert, that the recommendation of the Planning & Zoning Commission be disapproved and the zone change denied and upon roll call Cherland, I Folkert and Strain voting "aye" and Larson, Ludowese, Postier and DeVries voting "nay", President DeVries declared the motion lost. A motion was "then made by Larson, second by Ludowese, that the recommendation of the Planning & Zoning Commission be accepted and a hearing on the proposed zone change be set for 7:30 o'clock P. M. on June 16,'1969 and upon roll call Cherland, Folkert and Strain voting "nay" and Larson, Ludowese, Postier and DeVries coting "aye", President DeVries declared the motion carried. Upon motion by Larson, second by Strain, and all voting in favor, a recess was declared at 11:10 P. M. The meeting was called to order again at L2:10 P. M. with all members being present. The recommendation of the Planning & Zoning Commission recommending approval of the petition for a front yard variance on Lot 3, Hutchings Second Replat (south of 8th St. S.E. and loth Avenue S.E.) and also recommending that some disciplinary action be taken against the petition Mr. Carl Hutchings for starting construction of his'home without first obtaining a building permit, was read. Alderman Larson stated that he felt the City Attorney should advise the Council at the earliest opportunity as to the legal procedure relative to Mr. Hutchings proceeding with excavation of a basement and putting in footings without having secured the necessary building permit; a motion was then made by Larson, second by Cherland, that this be referred to the City Attorney and he advise the Common Council as to the proper steps to take; all voted in favor. A motion was then made by Larson, second by Ludowese, that the matter of the variance on Lot 3, Hutchings Second Replat be tabled; all voted in favor. A resolution waiving the minimum yard set back requirements for Lots 20, 22 andl part of 23, Auditor'6 Plat "D", Olmsted County, Minnesota (Prow's Motel) to permit construction of the motel -apartment building pursuant to the plat plan, was read. Upon motion by Folkert, second by Ludowese, and all voting in favor, the resolution was adopted.] A resolution opposing the creation of a state wide Airports Commission as proposed in H. F. No. 2510 and requesting that the Minnesota Legislature in the 1969 sess indefinitely postpone H. F. 2510, was read. Upon motion by Ludowese, second by Folkert, and all voting in favor, the resolution was adopted. A resolution authorizing the Mayor and City Clerk to execute the agreement with 0 Ervin Standke and Jessie Standke for the purchase of the property at 2001 and 2005 Third Record of Official Proceedings of the- Common. Council of the City of Rochester, Minn., May 19, 1969 Avenue Southeast to be used as a fire station site, was read. Upon motion by Postier, second by Strain, and all voting in favor, the resolution was adopted. A resolution amending the LAND USE PLAN as adopted on March 18, 1963, was read and upon motion by Larson, second by Strain, and all.voting in favor, the resolution was adopted. Four resolutions declaring and giving notice to the Board of Supervisors of Rochester Township, Olmsted County, Minnesota of the intent of the City of Rochester to annex lands identified as (1) Tract 9 located in Township 106 North, Range 14 West -.the total area is approximately 107.6 acres (2) Tract 10 in Township 106 North, Range 14 West - total area is approximately 53.60 acres (3) Lot 7, Block 3, Highland Addition and the right- of-way of 20th Avenue S.W., etc. - containing approximately 0.82 acres and (4)Lots 51, 53 and 57 North Sunny Slopes including k of the street right-of-way adjoining Lots 51 and 57 - containing 2.26 acres, these tracts are 75% or more bordered on three sides, were each read. Upon motion by Cherland, second by Larson, and all voting in favor, the resolutions were adopted. Five resolutions declaring and giving notice to the Board of Supervisors of Cascade Township, Olmsted County, Minnesota of the intent of the City of Rochester to annex lands identified as (1) Tract 5 and 5e in Township 107 North, Range 14 West - total area is approximately 407.21 acres (2) Tract 6 in Township 107 North, Range 14 West - total area is approximately 111.17 acres (3) Tract 7 in Township 107 North, Range 14 West - total area is approximately 20 acres (4) Tract 8 in Township 107 North, Range 14 West - total area is. approximately 781.8 acres and (5) Tract 12 in Township 107 North, Range 14 West - total area is approximately 3.0 acres, these tracts are 75% or more bordered on three sides, were each read. Upon motion by Cherland, second by Larson, and all voting in favor, the resolutions were adopted. A resolution amending the parking resolution as follows, was read and upon motion by Postier, second by Folkert, and all voting in favor, the resolution was adopted: Paragraph (109) of Section B, No Parking Zones, is hereby amended so as to read in its entirety: (109) Seventh Street Northwest on both sides of the street from a point approximately 250 feet east of llth Avenue to llth Avenue at all times; and on the north side of 7th Street Northwest 310 feet more or less, immediately west of llth Avenue Northwest at all times. Three resolutions ordering hearings on (1) vacating the north 25 feet of the easement for public street purposes comprising part of 37th St. N.W. including Lots 1 and 2, Block 3, Sunrise Estates Second Subdivision and Lot 9, Block 6 and Lots 17 through 22, Block 6, Sunrise Estates First Subdivision (2) vacating the alley running east and west in Block 26, Lots 1, 2, 3 and 4, Calvary Episcopal Church Property in Original Plat and (3) the south -north alley in Block 15, Original Plat of the City of Rochester - vacating, were each read. Upon motion by Cherland, second by Ludowese, and all voting in favor, the resolutions were adopted. A resolution confirming the report of Commissioners on condemnation proceedings 17 1 1 relative to Lots 13, 14, 15 and 16, Block 20, Moe and Olds Addition (Dale and Doris Cravath- 0 Record of Official Proceedings of the Cornmon Council 2-5-91 of the City of Rochester, Minn., May 19, 1969 1 4 • 1 1 is 1 $129,700.00 for all property rights acquired) was read. Upon motion by Ludowese, second by Postier, and all voting in favor, the resolution was adopted. An Ordinance amending the Zoning Ordinance of the City of Rochester, Minnesota (change the property beginning at the SW corner of Lot 27, Block 1, Country Club Manor 1st Addition, thence south along the easterly right of way line of 36th Ave.-N.W. a distance of 189.00 ft. to northerly r-o-w line T. H. 14 thence Northeasterly along said right of way line a distance of 129.87 ft., thence northerly a distance of 152.03 feet to the Southeast corner of said Lot 27, thence westerly a distance of 125.7 ft. to point of beginning to B-lb Neighborhood Business District) was given its first reading. Upon motion by Ludowese, second by Folkert, and upon roll call and all voting in favor, the rules were suspended and the ordinance was given its second reading. Upon motion by Postier, second by Ludowese, and upon roll call and all voting in favor-, the rules were suspended and the ordinance was given its third and final reading. A motion was then made by Ludowese, second by Postier, 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 Postier, second by Ludowese, and all voting in favor, the meeting was adjourned. City Clerk. 0