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HomeMy WebLinkAbout06-02-1969F'26.0 Record of Official Proceedings of the '-Common Council of the City of Rochester, Minn., June 2, 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 June 2, 1969. President DeVries called the meeting to order at 2:00 o'clock P. M. the j{ following members being present: President DeVries, Aldermen Cherland, Larson,Ludowese, i� Postier, Strain.. Absent: Alderman Folkert. Upon motion by Larson, second by Strain, and all voting in favor, the minutes of the meeting of May .19, 1969 were approved. The appointment by Mayor Day of Robert E. Toddie.of 1431 First Street Northwest as a member of the Housing Board of Appeals, term of office to be for two years and expire April 1, 1971 (Mr. Toddie replaces Dr. Richard Rossi) was read. Upon motion by Postier, second by Cherland, and all voting in favor, the appointment was approved. i A letter signed by Paul G. Belau, M. D., Secretary of the Fire Civil Service Commission, stating that under Section 23.5 of the Rules and Regulations of the Fire Department, Inspector Richard McDermott will be retired with the close of business on June 30, 1969 and as result some changes will be required in the official roster of the tI Fire Department; (a) in the Fire Prevention Bureau both Inspectors positions are technically vacant, as a result of a recent competitive examination, they have.an eligibility roster !'• ii for these positions and request that two be appointed from the following list for Inspector- 1. Charles C. Hayes and 2. Haven Fritsche.(there are only two names onthis roster); (b), as a result of the promotion of Charles C. Hayes to Inspector, a vacancy will exist as a Motor Operator and they request that one be appointed from the following three names standing highest on the Motor Operator roster 1. Ronald E. Baker, 2. Richard D. Toogood and 3. Kenneth Chase; the appointment for two Inspectors and one Motor Operator should be made effective July 1, 1969; (c) as a result of the retirement of Richard McDermott and the appointment of one of the firefighters to Motor Operator, a vacancy exists as Firefighter and they request that one firefighter be appointed from the three following names standing highest onthe current eligibility roster 1. Robert H. Richards 2. Alfred M. Kallestad and 3. Robin R. Rossi; and requ esting that the appointment of Firefighter be made effective June 30, 1969, was read. A motion was then made by Larson, second by Postier, that Charles C. Hayes and Haven Fritsche be appointed as Inspector in the Fire Prevention Bureau, effective July 1, 1969; that Ronald E. Baker be appointed as Motor Operator, effective July 1, 1969; and that Robert H. Richards be appointed as Firefighter, effective June 30, 1969; all voted in favor. A letter from the Personnel Advisory Committee that the appointment of the firefighter to fill the vacancy in the Fire Department be made effective June 30, 1969, was read and upon motion by Postier, second by Cherland, and all voting in favor, the recommendation was approved. A letter from the Personnel Advisory Committee recommending that the Council approve the revision of the hospitalization plan, effective July 16, 1969, as follows, was read and upon motion by Cherland, second by Ludowese, and all voting in favor, the, • 1 1 • 1 0 Record of Official Proceedings of the Common Council of the City of Rochester, Minn.,' June 2, 1969 26 1 • 1 J 0 recommendation was approved: Item Present Revised Daily benefit $ 20.00 $ 30.00 Miscellaneous charges 400.00 600.00 Surgical Schedule none 300.00 Employee cost for 1 dependent 8.90 10.40 Employee cost for 2•dependents• or more 15.06 18.06 Notice of objection to Commissioner's Report in condemnation proceedings for land in Section 12-106-14 owned by Leonard Lampland and notice of objection to Commissioner's Report in condemnation proceedings for land in Block 20, Moe & Olds Addition owned by Dale Cravath, were each read and upon motion by Larson, second by Postier, and all voting in favor, the same were referred to the City Attorney. Summons and complaint of Robert L. Sheridan and James D. Bergland, plaintiff vs City of Rochester and Tomax Contracting Company, defendants, was read and upon motion by Postier, second by Ludowese, and all voting in favor, the same was referred to the City Attorney. Notice from the Public Service Commission of a hearing to be held on June 23, 1969 in the matter of the application of Rochester Yellow Cab Corporation to make permanent its temporary authority to operate between Winona and Rochester, if no objection is filed by June 23, 1969, the application will be granted, was read and President DeVries ordered the same placed on file. A letter from Rudy and Margaret Benson of 1503 4th Avenue N. E. requesting curb and gutter be installed in front of their property with the same cost agreement in mind as that for a concrete sidewalk, was read and upon motion by Postier, second by Ludowese, and all voting in favor, the letter was referred to the Public Works Committee. A letter signed'by George Kallimanis requesting consideration for an on -sale liquor', license at "Golden George's", a pizza restaurant on Highway 52 North in the City, was read and President DeVries ordered the same placed on file. A letter signed by Jerry Amundson, Leasing/Development Administrator for the Apache Mall Project, requesting approval of the application of Mr. John Pilla and Mr.Robert Andrus for an off -sale liquor license to be located in the new Apache Mall project, was read and President DeVries ordered the same placed on file. A letter signed by Mrs. John J. Egan of 220 - 9� Street S. E. submitting suggestions for beautifying Rochester - inner core, was read and upon motion by Larson, second by Postier, and all voting in favor, the letter was referred to the Beautification Committee. A letter from the Rochester Airport Commission recommending that the Council approve estimate No. ,'for FAA Project No. 9-21-079-C911 to Arco Construction Company, Inc. in the amount of $21,905.83 and to McGhie & Betts, Inc. for engineering services (same project) in the amount of $37,955.22 and the Mayor and City Clerk be authorized to execute the necessary documents, was read. Upon motion by Postier, second by Ludowese, and all voting in favor, the recommendation was approved. Seven resolutions adopted by the Public Utility Board (a) that -:the Board be F'262 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., June 2, 1969 40 authorized to enter into contract with Keys Well Drilling for water well ($14,478.00); (b) that the Board be authorized to enter into purchase order contract with Bergstrom ,Verbarg Company for four_ transformers ($7,448.00); (c) that the Board be authorized to enter into purchase order contract with F. H. Bathke Co. ($38,750.00); (d) that the Board be authorized to enter into purchase order contract with Kuhlman Electric Company for transformers ($7,539.00); (e) that the Board be wuthorized to enter into agreement with the Chicago Northwestern Ry. Company for transmission line; (f) that the Board be authorized to enter into license agreement with the Chicago Northwestern Ry. Company and Peoples Coop. Power Assn.; (g) that the Board be authorized to sell $300,000 - 6.30% Federal Land Bank Bonds, were each read and upon motion by Larson, second by Cherland, and all voting in favor, the same were approved. A resolution adopted by the Public Utility Board requesting that a leave of absence be authorized for Maxine Klingsporn from June 1, 1969 to September 1, 1969, was read and upon motion by Postier, second by Ludowese, and all voting in favor, the resolution was approved and the leave of absence granted. The following petitions and applications were each read and upon motion by Strain, second by Ludowese, and all voting in favor, the same were referred to the Planning and Zoning Commission: 1. petition to vacate east -west alley in Block 2, Head & McMahons Addition 2. petition for zone change of Lots 14 thru 19, Block 1, Meadow Park 5th Subdivision and Lots 1 thru 10, Block 4, Meadow Park 8th Subdivision from the R-1 to the R-2 District. 3. application for variance on property at 1413 - 15 Avenue N. W. 4. application for approval of final plat of Manor Woods First Subdivision 5. application for approval of a revision to community development project from Metro Development Corp. u A letter from Mrs. John T. Martin of.719 - 7th Avenue S. W. in regard to the new !i 'Housing Code and siggesting some revisions so this code would apply only to new construction ;in the City, was read and President DeVries ordered the letter placed on file. • �I Alderman Ludowese also reviewed Ordinance No. 1406 "The Housing Code" and recommended particularly that two sections be amended (1) 3.2 Inspection of Dwellings, this I 1 • I� ,section provides that the Health Officer is authorized and directed to make inspections and is ! authorized to enter, examine and survey at all reasonable times all dwellings, apartments, ;rooming units and premises" and that the health officer should be given free access at all reasonable times for the purpose of inspection, examination and survey; Alderman Ludowese said ;he felt this was a direct violation of our personal rights and freedom and recommended that ,the following sentence be added to Section 3.2 "this section does not apply to single family, iprivately owned dwellings"; and (2) Section 16, Conflict of Ordinances, which provides that "where a provision of ordinance is to be in conflict with any zoning, building, fire, safety, Ijor health ordinance or code of the city existing on the effective date of this ordinance, the 'Iprovision which establishes the higher standard for the promotion and protection of -.the health I ;hand safety of the people shall prevail"; Alderman Ludowese said most of the homes could not meet these requirements and the key to the section is - the provisions which establishes the higher standard for the promotion and protection of the health and safety of the people.shall prevail - he said most of the homes were constructed by the standards of their day and by • Record of Official Proceedings of the Common Council 0 of the ..City .. of Rochester, Minn., June 2, 1969 1 • 1 1 9 1 todays code a great number would be considered sub -standard, these homes are all fit and safe' for human occupancy and the need for conforming to a new code would impose a needless expense', on many who can't afford it; he said this section sould not contain a retro-active clause,the:i code should apply only to those dwellings built since January 1, 1968 and should not apply to privately owned single family dwellings built prior to January 1, 1968. A motion was made , by Postier, second by Strain, that these recommendations be referred to the Public Works Committee, they to review the entire Housing Code,; all voted in favor. (An Ordinance was already prepared to be read later at this meeting amending Sections 42.110, 45.040 paragraph b and Section 46.140 of the Code of Ordinances. and repealing Ordinance No. 1468). The recommendation of the Planning and Zoning Commission stating that they had i reviewed the identification problem faced by various business establishments and rooming houses during the time when streets are under construction, when this happens it is most difficult for strangers to the City to find a business or rooming house they may be looking for, in recognition of this kind of situation and that it reoccurs annually, they recommend Ii that the Common Council. allow the erection of temporary advertising signs in situations where street construction has interrupted there normal business operation, was read. Such temporary, - signs would have to be removed after the construction period is over, a permit would have to be issued for any such sign specifying the conditions on which it is issued and such a ii proposal would necessitate some revision to the Zoning Ordinance in order to accomplish this objective. Mr. Tom Moore, Planning Director, said this had been presented to see if the i; Council felt it was worth pursuing and if so they would then go ahead with the proposed language. Upon motion.by.Strain, second by Ludowese, and all voting in favor, the j recommendation was referred back to the Planning Department for further study and recommendedll language. Mr. Francis Caron of 612 -.2nd Street S. W. was present and said they owned a motelll 'I on 2nd Street and due to the work being constructed on 2nd Street, they have had no business;li he requested permission to put up two temporary signs (1) in front of the property at the entrance to the alley and (2) one on 2nd Street. Upon motion by Postier, second by Larson, this matter was referred.to,the Public Works Committee with power to act; all voted in favor. The recommendation of the Planning & Zoning Commission stating they had reviewed the Council initiated change of zoning districting on the east 25.-feet of Lot 1 and East 25 feet of the south 10.3 feet of Lot 4, Block 42, Morse & Sargeants Addition from the B-la District to the R-3.District (formerly site of Giles Grocery Store on 900 block on 4th Street S.E.) and find that the.original grocery store has been taken down along with an adjoining residence and the land is now vacant, the existing B-la District was established at this location in recognition of the grocery store that existed; the adjoining properties are all residential ins.character and both sides of 4th St. S.E. are zoned an R-3 District except for the two B-la Districts; based on these findings they recommend that this change of coning be granted approval, was read. Upon motion by Postier, second by Cherland,and all voting in favor, the recommendation was accepted and a hearing on the proposed zone change was set for 0 2­1.4 Record of Official Proceedings of the' Common Council of the City of Rochester, Minn., June 2, 1969 7:30 o'clock P. M. on July 7, 1969, The recommendation of the Planning & Zoning Commission stating that they had re- viewed the petition to change the zoning districting on Lots l-5, Block 1 and Lot 1, Block 2 of proposed Indian Heights Third Subdivision from the R-1 District to the R-2 District and find that the area to the north of.19th Street N. W. is now zoned an R-3 District and -therefore this change would be compatible with planned future development in the area, and recommend that this petition be granted approval, was read. Upon motion by Cherland, second by Strain,' and all voting in .favor, the recommendation was accepted and a hearing on the proposed zone change was set for 3:30 o'.clock P. M: on July 7, 1969. • The recommendation of the Planning & Zoning Commission regarding the application of approval of the Community Development Project Plan of Carpenter and Grieve to be located on the Till Farm Property was read and upon motion by Postier, second by Cherland, and all voting in favor, the recommendation was tabled until the land is annexed to the City. The recommendation of the Planning and Zoning Commission that the petition to. annex lands lying east of llth Avenue S.E. and south to 20th Street S. E. (Mayo Foundation Property) be granted approval, was read. Upon motion by Larson, second by Strain, and all voting in favor, the recommendation was accepted and the City Attorney was instructed to prepare an ordinance annexing the said land. The recommendation of the Planning and Zoning Commission that the application for approval of the final plat of Indian Heights Third Subdivision be granted approval,•was read and upon motion by Postier, second by Strain, and all voting in favor, the recommendation was accepted and a hearing on the final plat was set for 7:30 o'clock P. M. on June 16, .1969. The recommendation of the Planning and Zoning Commission that the application for approval of the final plat of Crescent Park 8th Addition be granted approval, was read and upon motion by Cherland, second by Postier,•and all voting in favor, the recommendation was accepted and a hearing on the final plat was'set for 7:30 o'clock P. M. on June 16, 1969. The recommendation of the Planning and Zoning Commission that the application for approval of the preliminary plat of Meadow Park 8th Subdivision be granted approval subject to the annexation of land lying along the east side of llth Avenue S. E. and 20th Street S.E. to the north, was read. Upon motion by Postier, second by Ludowese, and all voting in favor, the recommendation was accepted. The recommendation of the Planning & Zoning Commission stating that they had reviewed the application for a variance in the provisions of paragraph 43.05 of the Zoning Ordinance as it applies to property located at 610-612 2nd Street S.W. and find that the circumstances involved in this application satisfy the four criteria established in the Zoning Ordinance for granting a variance; the existing sign had to be removed from the boulevard due to the widening of 2nd Street•S.W.; they recommend that this application be granted approval and the applicant be permitted to erect his existing ground sign on his property in such a way that no part of the sign projects out over the public street right -of i Record of Official Proceedings of the' Common Council A6.5 of the City of Rochester, Minn., June 2, 1969 way, was read. Mr. Francis Caron was present and stated that the reason they had to request this variance was that one time this block was zoned commercial and the buildings on either. side -of them had been built out right, to the property line and their building was back so a sign could not be seen. Upon motion by Strain, second by Cherland, and all voting in favor,' the recommendation of the Planning &Zoning Commission was accepted add a hearing on the i requested variance was set for 7:30 o'clock P. M. on June 16, 1969. The recommendation of the Planning and Zoning Commission stating that they had reviewed the potential use of the property located along the east side of 3rd Avenue S.E. from the Zumbro River to 4th Street S. E. for public purposes the City already owns the • a land to the east and north and this property would make a logical extension of city property that could be used for offstreet parking, an extension of Mayo Park, or a site for; a future,city hall or combined city-county..building; they are informed that.redevelopment ii I� plans are being prepared for two of these parcels now so the City may need to make a dec- ision on this relatively soon and because of this they recommend that the City acquire this property for public purposes and if funds are not available for immediate acquisition an official map should be prepared to reserve this land for public use purposes, was read. Upon) motion by Strain, second by Cherland,, and all voting in favor, the recommendation was !I referred to the Finance Committee. 1 The recommendation of the Planning and Zoning Commission that the petition to change', the zoning districting on Lots 11-12, Block 2 and Lots 1-2, Block 3 of Elton Hills East 't Fifth Subdivision from the R-1 District to the R-2 District and to change Lots 3-6, Block 3," and Lots 1-4, Block 4, Elton Hills East Fifth Subdivision from the R-1 District to,the R-3 District,be,approved, was read. Upon motion by Cherland, second by Strain, and all voting in favor, this recommendation was tabled until June 16th and copies of the Planning I�Department findings and recommendations on this were to be mailed to each alderman. i Mre.-i)Willard Lynchi of ,,l536-_5th 6treet''N::R E.c,was;=present, and--iiiquired1:rahat-,had.,happened 'I tojthe,crossing at'l5tfi,-*Avenue,N ';E. which had been asked for some time ago, he said llth j Avenue is the only through street and felt.this would make a nice crossing and it would be muchfaster getting to the down town area. C. A. Armstrong, City Engineer, reported that the' Railroad Company had had a meeting and would approved a crossing here but it is now up to the City to try to raise fund and start construction. Upon motion by Postier, second by ,i Ludowese, and all voting in favor, this matter was referred to the Public Works Committee 'I I' and to get a cost estimate and study from the City Engineers Department so this could be i, included in next years budget and also indicate whether 15th Avenue N. E. would have to be improved. The recommendation of the Public Safety (signed only by Postier and Cherland) that I the request of Tasio Kapenis for "On and Off" sale non -intoxicating malt liquor license at 1123 Second Street S.W. be approved, was read. Mr. James J. Thornton, President of the Board of Directors of St. Mary's Hospital, was present and objected to approval of this i Record of Official Proceedings of th6`Coinrrioil Council, 1 of the City of Rochester, Minn., June 2, 1969 n �J license because of its proximity to St. Mary's, he said they were concerned that this might result in something all along this street and felt it would set up a potential nuisance type of operation; he said the Board strongly opposed this. Alderman Postier said one of the reasons they came back with a favorable recommendation was that there had been a change in the hours of operation, they would close at 1:00 A. M. instead of 2:00 A. M. and also the Police had approved this.; he said the Council, does control the issuance of licenses and if this becomes a nuisance the license can be revoked. Alderman Ludowese said he was on the committee but had not signed the recommendation because he did not agree with some of the arguments, he did not.think food is complimented by beer, there are bars around the Methodist Hospital but he did not think they were particularly oriented to patients and did not think the employees of the Methodist ate at the Kahler or Continental but the employees of St. Mary's do eat across the .street. A motionwas then made by Cherland, second by Postier, that the.recommendation be approved and upon roll call, Aldermen Cherland and Postier voting "aye" and Aldermen Larson, Ludowese, Strain and DeVries voting "nay", President DeVries declared the motion not carried, the recommendation not approved and the license was denied. Miss Nellie Lindblad of 603 - 1st Street S. W. was present and said the bronze plaque out in front of City Hall "Historic Rochester" still gave the old address of the Medicar•Museum and this was confusing to transients looking for the museum. She was told this had been put up by First National Bank and they should be contacted for changes. Upon motion by Larson, 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. President DeVries stated this -as -being the time and place set for hearings on the following: .•_••• Hearing.on 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. There was no one.present wishing to be heard. President DeVries declared ;the hearing officially closed. A motionwas made by Larson, second by Ludowese, to proceed with the project; all voted in favor. Hearing on proposed assessments for sidewalk.approahces to Winston Churchill School, Part 2-1968. Mr. Phillip Ferguson of 710 Northern Heights Drive was present and said he did not think his sidewalk was laid according to the grade, there was quite a wash under the sidewalk and several pieces had already creacked and dropped off and he wondered who was responsible for this; he said there were three empty lots above him and the water washes down quite a bit, his property is sodded but the three lots above are not and he felt it 1 might help if these lots were sodded and edged. There was no one else present wishing to be • 1 1 • 1 Record of Official Proceedings of the' Common Council 267 of the City of Rochester, Minn., June 2 1969 heard. President DeVries declared the hearing officially closed. A motion was made by Folkert, second by Cherland to proceed with the assessment; all voted in favor. Hearing on proposed -assessment for sidewalk on the north and east side of llth Avenue-N. W. from 16th Avenue to 19th Street N. W. and on the east side of T. H. 52 Frontale Road from 16th Street N. W. to a point 200 feet north of 16th Street. There was no one present wishing to be heard. President DeVries declared the hearing officially closed. A motion was made by Postier, second by Folkert, to proceed with the assessment; all voted in favor. Hearing on proposed assessment for sidewalk on the south side of Northern Heights Drive between Sth.Avenue N.E. and 22nd St. N.E. and on east side of 7th Avenue N. E. between Northern Heights Drive and 22nd Street N. E. Mr. LaVane Lovelace of 554 Northern Heights Drive was present and -said the sidewalk was constructed before the freeze -and this spring there was quite a washout, he also said he did not think the sidewalk had been in according to the grade: 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 Strain, to proceed with the assessment; all voted in favor. Hearing on petition to vacate the utility easement along the lot line between Lots 27 and 28, Block 14, Country Club Manor 2nd Addition. There was no one -present wishing to be heard. President DeVries declared the hearing officially closed. A motion was made by Ludowese second b Folkert instructing the City Attorney to prepare a resolution vacatin� Y g Y Y P P g the said easement; all voted in favor. Hearing on proposed change of 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. There was no one present wishing to be heard. I President DeVries declared the hearing officially closed. A motion was made by Cherland, second by Strain, instructing the City Attorney to prepare an ordinance making the requested zone change; all voted in favor. Hearing on application for approval of the Community Development Project of Town and Campus (Pennington property N. W.). There was no one present wishing to be heard. �I i i President DeVries declared the hearing officially closed. A motion was then made by Strain!, i second by Postier, instructing the City Attorney to prepare a resolution approving the said Project; ali voted in favor. The recommendation of the Planning& Zoning Commission that the preliminary plat of Elton Hills East Sixth Subdivision be approved, was read and upon motion by Postier, second 1 by Larson, and all voting in favor, the recommendation was approved.* �I The recommendation of the Finance'Committee that the property commonly identified ast; the Norton Hotel Property be converted into off-street metered parking and that the I following be implements (1) City Engineer prepare specifications for the removal of the !I u structures and preparation of property for off-street metered parking, specifications sha111 call for bid prices on a 30 day completion date and a 60 day completion date (2) adopt a i �I ZbRecord of Official Proceedings of 'the} Common Council of the City of Rochester, Minn., June 2, 1969 • resolution authorizing advertisement of bids to be received at 11:45 A. M. on June 16, 1969 (3) appropriate monies from the contingency fund for cost of removal and construction, estimated cost to be $12,000-$15,000, depending on amount of time allowed for removal of structure and (4) The Finance Committee will recommend the meter rate and time limit no later than June 16, 1969, was read. Upon motion by Cherland, second by Folkert, and all voting in favor, the recommendation was approved. The recommendation of the Finance Committee that the property identified as 207 and 211 East Center Street be converted into off-street metered parking and that the following be implemented (1) City Clerk to notify the tenants to vacate the premises no later than July 15, 1969 (2) City Engineer prepare specifications for demolition or removal of structures and preparation of property for off-street metered parking (3) adopt a resolution authorizing the advertisement of`bids to be received at 11:45 A. M. on July 2, 1969 (4) appropriate monies from the contingency fund for cost of removal and construction, estimated cost to be $7,000-$8,000 and (5) the Finance Committee will recommend the meter rate and time limit no later than June 16, 1969, was read. Upon motion by Folkert, second by Cherland,and all voting.in favor, the recommendation was approved. The recommendation of the Finance Committee that the City Engineer be authorized to purchase a vehicle for use by the Traffic Engineer, this item was removed from the 1969 Budget request because of the uncertainty of employing a Traffic Engineer, the estimated cost of this vehicle is $3,000; it is recommended that the vehicle be financed by appropri- ating $2300 that was budgeted for a printing machine in the Engineering Department and the estimated additional $700 from the contingency fund and the printing machine would be re - budgeted for 1970, was read. Upon motion by Cherland, second by Strain, and all voting in favor, the recommendation was approved. The recommendation of the Finance Committee that the award of the Commissioners regarding the acquisition of property owned by Leonard Lampland be approved, the award was $5,082 for 8.47 acres of land and in the judgement of this committee, the award reflects a reasonable and just price for this property, was read. Upon motion by Folkert, second by Cherland, and all voting in favor, the recommendation was approved and the City Attorney was instructed to prepare a resolution approving the award. The recommendation of the Public Safety Committee that the request from Life Underwriters to conduct a July 4, 1969 Children's Parade be approved, was read. Upon motion by Folkert, second by Cherland, and all voting in favor, the recommendation was accepted and the request approved. The feasibility report of the City Engineer that the petition for water and sanitary sewer - Cascade Township com at a pt 911.7 ft. S of Ne cor Sec th W al S line of Northridge First Subdivision is inadequate as to description, a new project has been prepared to initiate the improvements intended by the petitioner (see Job #5821-X-69), and recommends that the petition be abandoned, was read. Upon motion by Larson, second by Folkert, and all r-J Record of Official Proceedings of the Common Council 2691 of the City of. Rochester, Minn., .Tune 2, 1969 voting in favor, the report was approved and the petition abandoned. The recommendation of the Public Works Committee that the Council initiate a local improvement project for street grading and surfacing on 25th Avenue N.W. from 19th St. to 20th St. N.W. and water main extension on 25th Avenue N. W. from 18k St. to 20th Street N. W. was read. Upon motion by Larson, second by Strain, and all voting in favor, the recommendation was approved. The feasibility report of the City Engineer that street grading and surfacing on 25th Avenue N. W. from 19th to 20th St. N.W. and water main extension on 25th Avenue N.W. from • 18k St. to 20th St. N.W. is feasible and recommend its construction, extimate costs are $23,000, was read together with the recommendation of the Public Works Committee that the report of the City Engineer be accepted with the costs assessed against the abutting properties,, the abutting properties are also subject to assessments for previously installed sanitary sewer in 25th Avenue N. W. under project #5821-6-66B. Upon motion by Folkert, second by Strain, and all voting in favor, the recommendation was approved. The recommendation of the Public Works Committee that the Council initiate a local improvement project for sidewalk Project #20-S-A-1969, construction of sidewalk on the East side of 15th Avenue N.W. from Cascade Street to 29th Street N. W. and on the south side of 30th Street N.W. from 16th Avenue and 29th Street intersection to 12th Avenue N. W., was read. Upon motion by Postier, second by Folkert, and all voting in favor, the recommendation was approved. The feasibility report of the City Engineer that construction of sidewalk on the east side of 15th Avenue N. W. from Cascade Street to 29th Street N. W. and on the south side of 30th Street N. W. from the 16th Avenue and 29th Street Intersection to 12th Avenue N.W. is feasible and recommend its construction, estimated costs are $5,865.00, was read together with the recommendation of the Public Works Committee that this project be constructed with costs assessed against the abutting properties. Upon motion by Folkert, second by Strain, and all voting in favor, the recommendation was approved. The recommendation of the Public Works Committee that the, Council initiate a public improvement project without petition for water main extension in 7th Street Northwest to serve Lots 6, 7 and 8, Auditor's Plat "D", was read. Upon motion by Folkert, second by Postier, and all voting in favor, the recommendation was approved. The feasibility report of the City Engineer that water main extension in 7th Street N. W. to serve Lots 6, 7 and 8, Auditors Plat "D" is feasible and recommend its construction, estimated costs are $6,380.00, was read together with the recommendation of the Public Works Committee that this be constructed with the cost to be assessed against the abutting property benefitted by this extension. Upon motion by Ludowese,.second by Folkert, and all voting in favor, the recommendation was approved. The recommendation of the Public Works Committee that a local improvement project without petition be initiated for replacement of sidewalks in Southwest Rochester - Sidewalk II I i 2,70 Record of Official Proceedings of the -Common Council of the City of Rochester, Minn., Junp 2, 1969 • roject #101-1969, was read.• Upon motion by Postier, second by Strain, and all voting in , the recommendation was approved. The feasibility report of the City Engineer that replacement of sidewalks in outhwest Rochester, Sidewalk Project # 01-1969 is feasible and recommends its construction, stimated costs are $8,274.00, was read together with the recommendation of the Public•Works ittee that this project be constructed with the costs to be assessed against the abutting operties. Upon motion by Strain, second by Ludowese, and all voting in favor, the commendation was approved. The recommendation of the Public Works Committee that a local improvement project thout petition be initiated for replacement of Sidewalk in Southwest Rochester - Sidewalk roject 0102-1969, was read. Upon motion by Ludowese, second by Strain, and all voting in vor, the -recommendation was approved. The feasibility report of the•City Engineer that the replacement of sidewalks in outhwest Rochester, Sidewalk Project #102-1969 is feasible and recommends its construction, stimated costs are $4,477.00, was read together with the recommendation of the Public Works ommittee that this project be constructed with the costs to be assessed against the abutting roperties. Upon motion by Postier, second by Cherland, and all voting•id favor, the commendation was approved. The recommendation of the Public Works Committee that a local improvement project ithout petition be initiated for replacement of sidewalk in Southwest Rochester— Sidewalk ject #103-1969, was read. Upon motion by Postier, second by Ludowese, and all voting in avor, the recommendation was approved. The feasibility report of the City Engineer that the replacement df sidewalks in uthwest Rochester, Sidewalk Project #103-1969 is feasible and recommends its construction, stimated costs are $1,893.00, was read together with the recommendation of the Public Works ttee that this project be constructed with the costs to be assessed against the abutting roperties. Upon motion by Cherland, second by Postier, and all voting in favor, the commendation was approved. The recommendation of the Public Works Committee that a local improvement project thout petition be initiated for replacement of sidewalk in Southwest Rochester - Sidewalk ject #104-1969, was read. Upon motion by Ludowese, second by Postier, and all voting in avor, the recommendation was approved. The feasibility report of the City Engineer that the replacement of sidewalks in ` thwest Rochester, Sidewalk Project #104-1969 is feasible and recommends its construction, timated costs are $3,907.00, was read together with the recommendation of the Public Works ittee that this project be constructed with the costs to be assessed against the abutting ties. Upon motion by Strain, second by Ludowese, and all voting in favor, the recommend - ion was approved. The feasibility report of the City Engineer that construction of sidewalk on the 1 C� 1 1 0 th side of 23rd Street N. W. from 18� Avenue N. W. to 21st Avenue N. W. is feasible, the 11 0 Record of Official Proceedings of the `Common Council 271 of the City of Rochester, Minn., June 2. 1969 1 • I 1 r� estimated costs are $2,520.00, was read together with the recommendation of the Public Works Committee that this project be constructed with the costs to be assessed against the abutting properties. Upon motion by Cherland, second by Ludowese, and all voting in 'favor, the recommendation was approved. The recommendation of the Planning and Zoning Commission stating that they had reviewed the petition to change the zoning districting on the south 100 feet of Outlot 1, Hammer and Fannings Addition and Lots 1, 2, and 3, Block 2, Hammer and Fannings Addition from the B-lb District to the R-1 District (216,220,224,304 and 306-15th Avenue S.W.) and find that this area is primarily residential in characte except for a motel located on the S.E. corner of 2nd Street S.W. and 15th Avenue S.W., these properties have been zoned a B-lb District since 1965 and no commercial development has taken place in the area, the owners of these properties are not interested in any commercial development, so based on these findings, they recommendat that this petition be granted approval, was read. Mr. John Voskuil of 224 - 15th Avenue S. W. was present and said this had always been zoned as residential until the new zoning ordinance was adopted, he said his land had been valued as $4,000 and now had been raised to $12,000, the value of the buildings stayed the same. Alderman Folkert said he did not think these people were aware of the change because the only notice of the zoning ordinance was in the paper and they had not seen it, probably the reason the increase was not noticed before was due to the sales tax . lowering the tax. Upon motion by Folkert, second by Cherland, and all voting in favor, the recommendation was accepted and a hearing on the proposed zone change was set for 7:30 o'clock P. M. on July 7, 1969. The recommendation of the Public Safety Committee'that the City cease the collect of refuse effective July 1; 1969 and that the City not district private refuse collectors within the City; that all City customers be notified of the termination of City collection and they be advised of the names of refuse collectors now licensed to do business within the City of Rochester; that every attempt be made to place City refuse collection employees into positions of other departments of the City; and that the mattes of disposing of the vehicles be referred to the Finance Committee'for recommendation, waE read. Alderman Folkder asked whether or not the districting as previously discussed could be worked out and also what control the City would have over the fees. Alderman Postier said the Committee met with the eight refuse haulers in the City and the haulers preferred that it not be districted and the committee felt the public should be entitled to choose whatever operator they want; as far as control over the fees, the Council by ordinance sets the fees so they would have control over that. Alderman Larson spoke in j favor of the districting, he said he felt it would be more economical and efficient to not have all the trucks going all over town. A motion was made by Postier, second by Strain, that the recommendation be approved; all voted in favor. The recommendation of the Public Safety Committee that the emergency 0 2 7 2 Record of Official Proceedings of the6"'Comrnon Council of the City of Rochester, Minn., June 2, 1969 • ambulance service contract with Gold Cross Ambulance not be renewed when it expires, the County Health Department is presently studying the matter of emergency ambulance service and will report back to this committee within the next several weeks, this committee will evaluate the report and make whatever recommendations deemed appropriate, was read. Dr. Clarence Henke, Public Health Officer, was present and said a committee of ten members, composed of representatives from the Mayo Clinic, each of the three hospitals and himself, has undertaken a study of the ambulance and emergency care situation in Rochester; he said this committee is studying the entire spectrum of emergency care facilities in the greater Rochester area and will consider recent state law changes which permits cities and counties to operate as one governmental unit; he said the report or a part of it should be available • within thirty days and also recommended that Gold Cross continue to receive the monthly payment of $1,000 until the report is presented. A motion was made by Folkert, second by Larson, that the City continue their present contract on a month to month basis after the expiration date until we have had a change to receive the report from Dr. Henke's committee and have acted on that, upon roll call Folkert, Larson and DeVries voting "aye" and Cherland, Ludowese, Postier and Strain voting "nay", President DeVries declared the motion lost. A motion was then made by Postier, second by Cherland, that the recommendation of the Public Safety Committee be approved and upon roll call Folkert, Larson and DeVries voting "nay" and Cherland, Ludowese, Postier and Strain voting "aye",'President DeVries declared the motion carried and the recommendation -approved. The application of George C. Holter for renewal of ten bus licenses for Rochester City Lines, Inc. was read and upon motion by Postier, second by Larson, and all voting in favor, the licenses were granted. The application of Town House, Inc. for an additional bar in their establishment was read and upon motion by Postier, second by Ludowese, and all voting in favor, the same was approved. The applications of Arlowe W. Esau, Raymond Zobel and Karm M. Byboth for Master Installer's License and Richard Hines, Lowell W. Parsons, Robert J. Hines, Jemme Wickersham, Ray W. Hill, Robert M. Roessler, William F. Kitzman and Larry I. Pettis for 'Journeyman Installer's License, were each read and upon motion by Postier, second by Ludowese, and all voting in favor, the licenses were granted. The application of Phil J. Beyer for Journeyman Plumber's License was read and upon motion by Postier, second by Ludowese, and all voting in favor, the license was granted. The application of Queen City Beer & Grocery for license to sell cigarettes was read and upon motion by Ludowese, second by Folkert, and all voting in favor, the license was granted. A letter from Jack Dolan, Traffic Engineer, re "Topics" Meeting, was presented and President DeVries ordered the same placed on file. A petition with 10 signatures of residents of Northwest 38th Street between 18th and 19th Avenues that the City instructed the owner (Silver Acres Projects, Inc.) of the property adjacent to their northern property to construct a safe and suitable fence along i Record of Official Proceedings of the Common Council of the City of Rochester, Minn., June 2, 1969 2731 1 • 1 1 CI forementioned lines for safety precautions, was read. Upon motion by Strain, second by Postier, and.all voting in favor, this matter was referred to the Mayor and Alderman of the Sixth Ward. The recommendation of the Public Safety Committee that parking be prohibited at all times on the north side.of.Elton Hills Drive from the East Frontage Road of Highway 52 to a point 200 feet, more or Less, east of the East Frontage Road of Highway 52,. was read and upon motion by Folkert, second by Ludowese, and all voting in favor, the recommendat was accepted and the City Attorney instructed to prepare the necessary resolution. The.recommendation of the Public Safety Committee that parking be prohibited at all times ,on ,7th Street N.E. on_ the north side of the, street from Broadway to a point 250 ft. more or less, east of Broadway, at all times and 7th Street N. W. on the south side of the Street from Broadway to a point 350 feet, more or less, west of Broadway at all times, was read. Upon motion by Ludowese, second by Postier, and all voting in favor, the recommendation was accepted and the City Attorney instructed to prepare the necessary resolution. A motion was made by Cherland, second by Folkert, and passed unanimously, that the semi-monthly bills in the amount of $246,226.35, list attached, be approved. A motion was made by Folkert, second by Larson, that the following resolutions be adopted in block; all voted in favor. A motion was then made by Larson, second by Folk that the said resolutions be adopted as read and all voting in favor, President DeVries declared the said resolutions.duly passed and adopted:. Resolution authorizing City Clerk to advertise for bids for furnishing safety helmets in the Police Department. Resolution authorizing City Clerk to advertise for furnishing two suburban wagons and two sedans for the City Engineer's Department. Resolution authorizing Public Utility Board to enter into contract with Keys Well Drilling.Company for a make-up water well. Resolution authorizing Public Utility Board to enter into A purchase order contract with F. H. Bathke Company for Standard Unit Trackmobile with accessories. Resolution authorizing Public,Utility Board to enter into a purchase order contract with Bergstrom Verbarg,Company,for transformers. , Resolution authorizing Public Utility Board to enter into a purchase order contract with Kuhlman Electric Company for transformers. Resolution authorizing Public Utility Board to enter into agreement with C. N. W. covering electric transmission line east of Rochester.. Resolution authorizing Public Utility Board to enter into license agreement with C.N.W. Ry. and Peoples Coop. Power: Assn,. to construct, install, maintain and use an electric transmission line across and over tracks east of City. Resolution authorizing Public Utility Board to sell and transfer $300,000.00 Federal 0 F'274 Record of Official Proceedings of the "Common Council of the City of Rochester, Minn., -tune 2, 1969 Land Bank Bonds due 2-20-70. to illness. Resolution approving extension of leave of absence for Mrs. Maxine KI-ingsporn due Resolution adopting assessment roll for construction of sidewalk on the south side of Northern Heights Drive between 5th Avenue and 22nd Street N. E. and on the East side of 7th Av,e-nue:.N::.E. between Northern Heights Drive and 22nd Street N. E. Resolution adopting assessment -roll for construction of sidewalk approaches to Winston -Churchill School, Part 2-1968. Resolution adopting assessment roll for construction of concrete sidewalk on the north and -east side of llth Avenue N. W. from 16th Avenue N.W. to• 1.9th Street N. W. and on the East side of T. H. 52•Frontage Road from 16th Street N. W. to a point 200 feet North of 16thStreet. Resolution authorizing and directing City Clerk to advertise for sealed proposals for (1) demolition and removal of structures and (2) preparation of property for off-street metered parking on Lots 13, 14, 15and 16, Block 20, Moe & Olds Addition (Norton Hotel Property). : Resolution authorizing and directing City Clerk to advertise for sealed proposals for (1) demol-ition and removal of structures - and (2) preparation of property for off-street parking -metered at 207 and 211 East Center Street. Resolution referring petition for street - grading and surfacing, water main extension, storm sewer and service connections stubbed into boulevards on designated R. 0. W to Crenlo-I.O.I. site from 19th St. N.W. to County State Aid Road #4 for determination of adequacy, feasibility report and recommendation. Resolution referring petition for sanitary sewer and water main extensions to serve Lots 1, 2 and 3 of Hutchings 2nd Replat for determination of adequacy, feasibility report and recommendation. Resolution approving plans and specifications and ordering bids for concrete sidewalk on the south side of Elton Hills Drive-N. W. from 3rd AvenueN. W. (West River Parkway) to 9th Avenue N.W. Resolution referring proposed improvement for feasibility report and recommend- ation for street grading and surfacing on 25th Ave. N.W. from 19th to 20th St. N.W. and water main extension on 25th Avenue N.W. from 182 to 20th Street N. W. Resolution referring proposed improvement for feasibility report and recommend- ation for construction of sidewalk on the east side of 15th Avenue N.W. from Cascade Street to•29th Street N. W. and on the south side of 30th Street N.W.-from the 16th Avenue and 29th St. intersectionto 12th Avenue N.W..(Sidewalk Project #20-W-A-1969). Resolution referring proposed improvement for feasibility report and recommend- ation for water main extension in 7th Street N. W.. to serve Lots 6, 7 and 8, Auditor's Plat "D". Resolution referring proposed improvement for feasibility -report and recommend- ation for -sidewalk project #101-1969 - replacement of sidewalks -in Southwest Rochester. 1 0 Resolution referring proposed improvement for feasibility report and recommend- Record of Official Proceedings of the Commorf' "Council of the City of Rochester, Minn., June 2, 1969 �I 1 1 • ation for sidewalk project #102-1969 replacement of sidewalk in Southwest Rochester. Resolution referring proposed improvement for feasibility report and recommendation!! for sidewalk project #103-1969 replacement of sidewalks in Southwest Rochester. I� Resolution referring proposed improvement for feasibility report and recommendation I; for sidewalk project #104-1969 replacement of sidewalk in Southwest Rochester. i Resolution ordering a public hearing and directing preparation of plans and speci- fications for street grading and surfacing on 25th Avenue N. W. from 19th to 20th St. N.W. and water main extension on 25th Avenue N. W. from 18� to 20th Street N. W. Resolution ordering a public hearing and directing preparation of plans and speci- fications for construction of sidewalk on the east side of 15th Ave. N.W. from Cascade St. to 29th Street N. W. and on the south side of 30th St. N.W. from the 16th Avenue and 29th Street intersection at 12th Avenue N.W. Resolution ordering a public hearing and directing preparation of plans and speci- ; fications for water main extension in 7th Street N.W. to serve Lots 6, 7 and 8, Auditor's Plat "D".. Resolution ordering a public hearing and directing preparation of plans and speci= fications for replacement of sidewalks in Southwest Rochester - Project #101-1969. Resolution ordering a public hearing and directing preparation of plans and speci- fications for replacement of sidewalks in Southwest Rochester - Project #102-1969. Resolution ordering a public hearing and directing preparation of plans and speci- fications for replacement of sidewalk in Southwest Rochester - Project #103-1969. Resolution ordering a public hearing and directing preparation of plans and speci- fications for replacement of sidewalk in Southwest Rochester - Project #104-1969. Resolution ordering a public hearing and directing preparation of plans and speci- fications for sidewalk on the north side of 23rd Street N. W. from 182 Avenue N. W. to 21st Avenue N. W., 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 Property), was given its third and final reading. An Ordinance relating to the Housing Code of the City of Rochester, Minnesota; amending Sections 42.110, 45.040, Paragraph (b), and Section 46.140 of the Rochester Code of Ordinances, and repealing Ordinance No. 1468, was given its first reading. A motion was maded b Poati�er secgld b Ludoweed tg $u�end th rdu�,s gnd give the ordinance its second rea in an u g ro ca 1 Pres an a s vo a ay . An Ordinance relating to Municipal Planning; gesignating land needed for public use;' regulating the construction of buildings and structures thereon; and adopting an official Map, was given its first reading: Upon motion by Larson, 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 Folkert, second by Larson, and upon roll call and all voting in favor, the rules were suspended and the ordinance was given its third and final reading. 2;t V Record of Official Proceedings of the -C6inmom`:Council of the City of Rochester, Minn., June 2. 1969 A motion was then made by Folkert, 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. A resolution amending the resolution establishing parking, truck loading, passenger loading, parking meter regulations and provisions, as follows was read and upon motion by Postier, second by Folkert, and all voting in -favor, the resolution was adopted: Section B, No Parking Zones, is hereby amended by adding a new Paragraph (146.8) tp read as follows: (146.8) 15th Avenue Southwest on the west side of the avenue from Second Street Southwest to a point 60 feet, more or less, south of Second Street Southwest at all times. A resolution granting a variance on the South 44 feet of Lot 14, Block 104, Wilson Addition and vacated 8th Street -Southwest lying directly south of Lot 14, reducing minimum side yard set back requirements to 4 feet 6 inches, was read. Upon motion by Postier, second by Ludowese, and all voting in favor, the resolution was adopted. A resolution accepting and approving the award of Commissioners on condemnation of certain land in Rochester Township, Section 12, Township 106 North, Range 14 West, Olmsted County, Minnesota (Lampland Property in the amount of $5,082) was read and upon motion by Larson, second by Folkert, and all voting in favor, the resolution was adopted. A motion was made by Alderman Cherland that the Finance Committee be requested and instructed to study the feasibility of imposing a city wide motel -hotel and restaurant tax and possible other ways of raising additional revenue and also ways of holding or cutting budgets for the following year; Alderman Postier seconded the motion and all voted in favor. Mayor Day commented on various things (1) he said he would like to send letters to our Legislative Group thanking them for what they did for the City during this session, he said'he was - disappointed in the outcome of the piggyback sales tax but there were other areas where they had helped and he would like to be talking about the whole Council when•he wrote and thanked them (2) he reported that as of tommorrow, city employees that had to enter homes would be -wearing identification, a card with their picture and identification of each employee (3) he said he had been working with a committee on "Youth Employement Service" and trying to help the youth find summer jobs (4) the committee had been meeting and he felt they were making progres on the Land Fill Site (5) he said he would like to have the Council keep the �i Mayors Parking and Traffic Committee involved and informed on "TOPICS"• (6) he said the State Law provides that the Mayor is the Weed Inspector -and he would like to have some committee study this and maybe it could be put under the Park or some other Department; he commended the Council for the work they had done so far in the past 60 days and said he felt they had accomplished quite a few things. Upon motion by Folkert, second by Strain, the question of weeds was referred to the Public Safety Committee to work with the Park Dept; all voted in favor. Upon motion by Postier, second by Ludowese, and all voting in favor, the meeting was adjourned until 12:00 o'clock noon on June 3, 1969. 1 0 1 1 • City Clerk C�