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HomeMy WebLinkAbout08-18-1969Record of Official Proceedings of the Common Council of the City of. Rochester, Minn., August 18, 1969 345 • 1 1 is I1 Minutes of an adjourned regular meeting of the Common Council of the City of Rochester, Minnesota, held in the CouncilChambers in the City Hall, in said City, on August 18, 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, Absenf: None. Upon motion by Postier, second by Strain, and all voting in favor, ;the -_=minutes of the meeting -of August 14, 1969 were approved. President DeVries stated this as being the time and place set for hearings on the following projects: Hearing on petition to vacate the East-West alley in Block 2, Head & McMahon's -r Addition to the City (alley east of 5th Ave. S. W. between 3rd and 4th St. S.W.). There was no one present wishing to be heard. President DeVries declared the hearing officially closed. A motion was -made by Larson, second by Ludowese, that the recommendation of the Planning & ;Zoning Commission that this be approved be accepted and the City Attorney was instructed to prepare•a resolution vacating the said alley; all voted in favor. Hearing on elevated Water Tank and.Trunk Mains for the High District of the West Service Area. There was no one present wishing to be heard. President DeVries declared t hearing officially closed. A motion was made by Ludowese, second by Postier, to proceed with the project; all.voted in favor. Hearing on street connections and surfacing, sanitary sewer,.storm sewer, sub-' surface drains, water mains and service connections stubbed into boulevard on 16� Street S. E., 8� Avenue S. E, and portions of 8th and 9th Avenue S.E. in Meadow Park 7th Subdivision. There was no one present wishing to be heard. President DeVries declared the hearing officially closed. A motion was made by Strain,.second by Ludowese, to proceed wiftl the project; all voted,in favor. Hearing on approval of the Official Street Map of Diagonal Connections from North Broadway to First Avenue West between Fifth Street and Sixth Street Northwest. Mr. Jack. Dolan, Traffic Engineer, presented a map of the area which showed a.90 foot right-of-way cutting diagonally from North Broadway to First Ave. N. W. through the block between 5'th and 6th Street N. W., First Avenue N. W. is programmed as the southbound leg of the one-way pair with the northbound segment as yet not definitely designated. C. A. Armstrong, City Engineer said there was no definite schedule yet, this is just to show that we plan on doing this street and putting the owners on alert that this will be done'so they will not do any repairs or work until we have a chance to acquire it, the next step would be to try to acquire the needed right-of-way. There was no one else present wishing to be heard. President DeVries declared the hearing officially closed. A motion was made by Ludowese, second by Folkert, instructing the City Attorney to prepare a resolution approving the official map; all voted in favor. 0 Hearing on granting a variance on Lot 3, Block 28, Hutchings Replat. There was 346 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., August 18, 1969 • no one present wishing to be heard. President DeVries declared the hearing officially closed. The recommendation of the Planning & Zoning Commission that this variance be granted approval was read. A motion was made by Ludowese, second by Strain, that the recommendation be not approved and the.requested variance be denied; all voted in.favor except President DeVries and Alderman Larson who voted "nay". Hearing on proposed ordinance "Ordinance amending No. 1466 entitled an Ordinance establishing within the City of Rochester an Urban Service District as separate taxing District" (the Arnold Property). There was nu one present wishing to be heard. President DeVries declared the hearing officially closed. A motion was made by Folkert, second by Postier, instructing the City Attorney to prepare the final ordinance; all voted in favor. The following tabulation of bids was read and referred to the Public Works Committee.fgr•reeommendation: 1. Street connections and surfacing, sanitary sewer, storm sewer,.subsurface drains, water mains and service connections stubbed into boulevard on 16� St. S.E., 8k Ave. S.E., and vortions of 8th and 9th Avenue S. E. in Meadow Park 7th Subdivision City Engineer's Estimate Fraser Company Inc. Rochester, Minnesota 174,802.31* 190,062.67 Riverside Sand & Gravel Rochester, Minnesota .. 195,167.24 Rochester Sand & Gravel Rochester, Minnesota 192,194.41 Leon Joyce_ Construction _ Rochester, Minnesota 194,443.23. 2. Sewers, water main, grading and surfacing on 41st Street N. W. from 19th Avenue N.W. to Trunk Highway 52 frontage road. Fraser Company Inc. Rochester, Minnesota 136,201.65 138,705.95 Riverside Sand & Gravel Co. Rochester, Minnesota 138;434.10 Kasson Sewer & Water, Inc. Kasson, Minnesota 142,869.90 Rochester Sand & Gravel Inc. Rochester, Minnesota 135,573.25* 3. Regrade and surface, sanitary sewer, storm sewer and water main extensions, service connections stubbed into boulevard on 19th Street N. W. from 19th Avenue N. W. to County State Aid Highway #4. Fraser Company Inc. Rochester, Minnesota 125,917.34* 117,224.62 Riverside Sand & Gravel Rochester, Minnesota 131,401.71. Rochester Sand & Gravel, Inc. Rochester, Minnesota 132,171.39 Leon Joyce Construction Rochester, Minnesota 136,978.17 4. Surfacing on 7th Street N. W. from Chicago Great Western Railroad to west line of Valleyhigh Second Subdivision. Riverside Sand & Gravel Rochester, Minnesota 77,131.85 68,685.50 Rochester Sand & Gravel Rochester, Minnesota 72,332.65* Leon Joyce Construction Rochester, Minnesota 75,661.50 Kasson Sewer & Water Kasson, Minnesota 76,966.50 5. Grading and surfacing, sanitary sewer, storm sewer, water main and service connections stubbed into boulevards on 31st Street N. W. abutting Tower Terrace Subdivision Fraser Company Inc. Rochester, Minnesota 601,168.81 54,632.93 Riverside Sand & Gravel Rochester, Minnesota 59,448.67* Rochester Sand & Gravel -Rochester, Minnesota 61,997.80 Kasson Sewer & Water Kasson, Minnesota 66,142.83, Mr.George Holter of the Rochester City Lines was present and requested a few changes be made in his sbhedules and operation (1) change the time of leaving (2) would like to extend St. Mary's bus out to the vocational school about once an hour (3) extend service into Sunset TerraceiAddition (4) have a run to the new Junior College (this was already in operation but he had not gotten permission) and (5) he had a request to extend service to Apache Mall. A motion was made by Postier, second by Cherland, that Mr. Holter present his requests in writing and the City Attorney be instructed to prepare the necessary resolution; all voted in favor. 1 • 1 L • 1 0 e Common Council Record of Official Proceedings of th of the City of Rochester, Minn., August ls, 1969 v A letter from the Rochester Airport Commission recommending that the Common Council authorize payment to the Federal Aviation Administration in the amount of $5,326.63 for FAA cost incurred in the removal and replacement of the Localizer at the Airport, this is a partial payment of $50,000(estimated) reimbursable contract between the City of Rochester and the FAA, was read. Upon motion by Postier, second by Larson, and all voting in favor, the recommendation was approved. A letter from Riverside Sand & Gravel Company requesting that the Council give assistance in distributing the cost of improvements in Northern Hills First Subdivision in • such a manner that this project will become feasible to construct at this time, was read. Upon motion by Larson, second by Ludowese, and all voting in favor, the letter was referred to the Public Works Committee. A letter from Johnson, Drake & Piper, Inc. requesting to be their own contractor for improvement work in Manor Woods First Subdivision was read and upon motion by Strain, second by Ludowese, and all voting in favor, the letter was referred to the Public Works Committee. A resolution adopted by the Public Utility Board requesting permission to enter into a purchase order contract with Crescent Electric Supply Company for 10,000 feet of high voltage cable (7,470.00) was read and upon motion by Folkert, second by Ludowese, and all voting in favor, the resolution was approved. A resolution adopted by the Public Utility Board requesting permission to enter into a lease agreement with Chicago and Northwestern Railway Company to lease a right-of- way from 3rd Ave. S.E. to the new 115 KV Substation was read and upon motion by Postier, second by Folkert, and all voting in favor, the resolution was approved. A letter from the State of Minnesota, Department of Highways, listing segments of frontage road, approximately 1.79 miles along T. H. 14=7 in Rochester are no longer required for trunk highway purposes and will revert to the City of Rochester on October 15, 1969 and listing portions of frontage road that will qualify for designation as Municipal State Aid Streets if the City elects to request state aid designation by resolution, was • read. Upon motion by Larson, second by Ludowese, and all voting in favor, the letter was referred to the Public Works Committee. A letter from the Minnesota State Department of Highways submitting agreement for basic street and traffic inventory project under the TOPICS program was read. Upon motion by Larson, second by Ludowese, and all voting in favor, the agreement was approved and the City Attorney instructed to prepare a resolution authorizing execution of the said agreement. The following petitions and applications were presented and -upon motion by Folkert, second by Strain, and all voting in favor, the same were referred to the Planning & Zoning Commission: 1. petition of Russell Weinschenk and LeRoy Bass to vacate alley in Block 7, Highland Addition 2. application for approval of final plat of,Valley High Third Subdivision 3. application for variance by Harold and Beatrice Stewart on -Lot 9, Block 7, Homestead Addition �4 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., August 18, 1969 a 4. application for variance by Lloyd and Ruth Schultz at 1010 -.15th Avenue S. E. 5. application for substitution of non -conforming use by Dale Lehnertz on Lot 7, Block 2, Leiferman-Koehnen Subdivision A revised analysis of the petition of protest against the proposal to change the zoning districting on the Graham Property on 3rd Ave. S. E. from the R-2 and the R-4 Districts to the B-3 District was presented and ordered placed on file. The Mayor's appointment, pursuant to certification by the Rochester Police Civil Service Commission, of Richard Lauren Dale of 1318 Sixth Avenue S. E. and Paul Edward Feind of 403 Eleventh Avenue N. E. to the position of patrolmen on the Rochester Police Department to.fill two vacancies, starting date of employment is October 13, 1969, was read and upon motion by Postier, second by Strain, and all voting in favor, the appointments were approved. A letter from Sherwood M.Courrier of Diamond Ambulance Service proposing to provide 24 hour ambulance service, emergency and otherwise, for the City on a guarantedd collection basis.Twas read and upon motion by Cherland, second by Strain, and all voting in favor, the letter was referred to the Public Safety Committee. The request of Rochester Symphony,=Guild for permission to display the Symphony Banner at Broadway and Second St. S.W. from October 3 through October 11, 1969 in order to publicize Rochester Music Festival Week, was read and upon motion by Cherland, second by Postier, and all voting in favor, the request was referred to the Public Safety Committee. The recommendation of the Planning & Zoning Commission stating that they had considered the referral from the Common Council to amend the yard space provisions that pertain to accessory buildings that are located in the required rear yard area, the existing provision requires a minimum yard space of 18 inches and because of recent experience with this provision and a resulting court case the City Attorney had suggested that this provision be increased to 3 feet; after careful consideration of this proposed revision and of their previous deliberations on this same provision, they recommend that the minimum yard space be left at 18 inches, however, provisions should be evaluated further as a part of the overall review and revision of the Zoning Ordinance, was read. Upon motion by Larson, second by Ludowese, and all voting in favor, the recommendation was approved (this subject to be studied further when the total zoning ordinance is under study). The recommendation of the Planning & Zoning Commission that Paragraph 44.01 of the Zoning Ordinance be amended as shown below, was read and upon motion by Postier, second by Strain, and all voting in favor, the recommendation was approved and a hearing on the proposed revision was set for 7:30 o'clock P. M.-on September 2, 1969: 44.01 Automobile Service Station - Barrier: On any lot in any B or M-District that adjoins an R-District, no automobile service station shall be erected.or constructed, and no alteration or improvement shall be made to any existing non -conforming service station, unless the premises upon which such station is or is intended to be located shall be screened along the lot line by a solid masonry wall barrier. The barrier wall shall not be less than six (6) feet high where such lot adjoins,the side`aand/or rear lot line of an R- District either directly or across an alley. The first ten (10) fogt section of such wall, measured from the street right-of-way line, may be stepped down to two (2) feet at said right-of-way line, following a pattern of appropriate design. 1 • I 1 Is Record of Official Proceedings of the Common Council 349 of the City of Rochester, Minn., August 18, 1969 1 • I El The recommendation of the Planning & Zoning Commission that the final plat of Valleyhigh Third Subdivision as revised 8-13-69 be granted approval and that sidewalks be installed on the south side of 7th St. N. W. adjoininggahis subdivision when development takes place on the lands in this subdivision, was read. Upon motion by Postier, second by Strain, and all voting in favor, the recommendation was accepted and a hearing on the plat was set for 7:30 o'clock P. M. on September 2, 1969. c= The recommendation of the.Planning & Zoning Commission stating that they had reviewed the proposal to purchase that part of the Old Sewage Treatment Plant Property that lies west of U. S. 63, south of Elton Hills, East of Access Drive and North of the South line of the Old Sewage Treatment Plant Property; in their evaluation of this request they asked each operating department of the City if they have any need for this property now or in the future and the City Engineering Department felt that the City should keep this property for general public purposes; after considering all aspects of this proposal they find that there is no projected future public need for this property and this being the case its sale would not conflict with the City's comprehensive and therefore they recommend that this property be offered for sale subject to (1) a minimum front yard setback of 25 ft. be established around this property where.it adjoins U. S. 63, Elton Hills Drive N. W. and the west access drive (2) no vehicular access be permitted to or from this property and U. S. 63 and Elton Hills Drive N. W. and.(3) sidewalks be constructed around this property on U. S. 63, Elton Hills Drive N. W. and the west access drive, was read. Upon motion by Larson, second by Postier, and all voting in favor, the recommendation was referred to the Finance Committee. The recommendation of the Planning & Zoning Commission stating that the revised annexation law that was passed by the 1969 Minnesota Legislature permits the annexation of land that abuts the city limits at a corner, the annexation of city owned property has always been permitted under the statute, the Old Hog Farm property is owned by the City and it abuts the city limits at a corner; this property is currently being developed for city park usage, since this land is already off the tax rolls there will be no financial loss to Marion Township; the area is approximately 52.2 acres; and they recommend that the Old Hog Farm Property be annexed to the City, was read. Upon motion by Larson, second by Cherland, and all voting in favor, the recommendation was accepted and the City Attorney was instruct, to prepare an ordinance annexing the said land. The recommendation of the Planning & Zoning Commission stating that the revised annexation law that was passed by the 1969 Minnesota Legislature permits the annexation of land that is across a road from the city limits; the City's Sewage Treatment Plant and dumpling grounds property.abuts the city.limits across township road and since this land is already off the tax rolls.there.will be no financial loss to Cascade Township, the area of this property is approximately 127.0 acres, and based on these findings they recommend that this property be annexed to the City, was read. Upon motion byPostier, second by Strain, • U Record of Official Proceedings of the Common Council of the City of Rochester, Minn., August 18, 1969 - land 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 4k.Zoning Commission ',that the City initiate proceedings to annex to the City of Rochester the property designated as Tract C on the map, the area is mainly vacant but there is some development along the north and south sides of U. S. 14,a business is located on East Skyline Drive, there is.a farmand a house in this area, this land is on the tax rolls of Marion Township and much of this land could be designated as Rural Service District, was read. Upon motion by Strain, second by Postier, and all voting in favor, the recommendation was accepted and the City Attorney was instructed to prepare a resolutionshowing the intent of the Council to annex. City The recommendation of the Planning & Zoning Commission that the/initiate proceedings to annex to the City of Rochester the property designated as Tract E on the map, this area is about half developed as a suburban residential area known as Hilltopp Acres, thel:remaining area is vacant except for a house and a farm area, some of this property could be designated as Rural Service District, was read. Upon motion by Strain, second by Larson, and all voting in favor, the recommendation was accepted and the City Attorney was instructed to prepare a resolution showing the intent of the Council to annex. Mayor Day said he would like to have all these recommendations proposing annexation be.held up until further study and recommendation could be given as to how they will be served with sewer.and water if required, he said if annexation was proposed answers should ;also be.available as to how and then they could be serviced. A motion was made by Postier, second by Folkert, to reconsider the two. recommendations proposing annexation of Tract C and Tract E above; all voted in favor. A motion was then made by Folkert, second by Postier, that the recommendations of the Planning & Zoning Commission recommending annexation of Tract C, Tract E, Tract F, Tract G and Tract H be tabled for further study concerning service of utilities; all voted in favor. The recommendation of the Planning & Zoning Commission that the consulting firm of Community Planning and Design Associates be retained by the Council to work with the Planning Department staff for the purpose of revising the :Zoning Ordinance, the fee for this service would be set at $9800.00, was read. Mayor Day said that the chairman of the Planning & Zoning Commission had expressed a desire to meet with the Council as a whole and explain what some of the problems are, he said he thought the Council should study this and meet on it at a separate meeting. Alderman Larson said they had talked about this some at Public Works and had a meeting with the Planning & Zoning Commission in regard to the proposal, our present code is about 10 years old and has been in effect about 5 years but the planners and developers are having problems with some of the wording.which is not clear in many cases. A motion was made by Larson, second by Folkert, that this be referred to the Common Council as a committee of the whole; all voted in favor. The recommendation of the Public Safety Committee stating that they had considered 1 1 the application of Pizza Hut, Inc. for a license to sell non -intoxicating malt beverages on -sale at a building to be constructed on a parcel of .land located on the southeast corner of the I • Record of Official Proceedings of the Common' Council of the City of Rochester, Minn., August 18, 1969 35- 1 1 • 1 0 intersection of 11th Avenue-N. W. and 6th Street N. W. and the Committee wishes to report that when a building is completed and a formal application for a license to sell non - intoxicating malt beverages on -sale is received, the Committee will recommend that such a license be issued, was read. Alderman Ludowese said he was opposed to pizza places having beer, he said many young teenagers like pizza and would be going to a place like this, he said there were a lot of-3.2 beer.places already in Rochester and did not .think another was necessary and also -pointed out -that this one would be located very close to the John Marshall High School. Mr. Tom Wolf, Attorney -was present and said he would answer any questions: A motion was made by Postier, second by Folkert, that the recommendation be approved; all voted in favor. The recommendation of the Public Safety Committee thatthe application of Everett J. Meyers dba Roxy Bar at 315 First Avenue N. W. for a license to permit dancing was considered and the committee recommends that the application be approved, was read. Upon motion by Ludowese, second by Postier, and all voting in favor, the recommendation was approved and the license ordered issued. . The recommendation of the Public Safety Committee that the application of 40/8 Voiture, American Legion, for a license to -sell non -intoxicating malt beverages, on -sale for one day August 24, 1969 at the Olmsted County Fairgraounds be approved and the license be issued for one day only, August 24, 1969 for a fee of $15.00, was read. Upon motion by Folkert, second by Cherland, and all voting in favor, the recommendation was approved. Upon motion by Postier, second by Folkert, the matter of a Common Day of Rest . Ordinance was referred back to the Public Safety -Committee; all voted in favor. . . The recommendation of the Finance Committee that a reply.be sent -to Mr. J. B. Bagne of the Zumbro Development Company that the City is not interested in buying the property at 308— 3rd Avenue S. E., this recommendation is made unless the Council as a whole expresses an interest in this area, the planning commission has previously recommended an official map be made of this area, was read. Mayor Day said apparently it had been decided that buying this property along 3rd Avenue would be too expensive, the Planning & Zoning Commission would like to see us preserve it, but he did not think we had any right to freeze it if we were not going to buy it. Upon motion by Folkert, second by Strain, and all voting in favor, the recommendation -was referred back to the Finance .Committee. . . The recommendation of the Public Works Committee stating that after conferring with General Warehouse Corporation, who have advised that their need for city water at this time is not a serious problem and they request that the construction be deferred until such time as the street -is regraded or they reinstate their petition, they recommend that the bids received on August 8th for.watermain extension in 7th Street N. W. to serve Lots 6, 7, and 8 Auditor's Plat "D" be rejected and that the present project proceedings be abandoned, was read. Upon motion by Folkert, second by Postier, and all voting in favor, the recommendation was approved. 0 5' Record of Official Proceedings of the Common Council of the City of Rochester, Minn., August 18, 1969 The recommendation of the Public Safety Committee that parking be prohibited at all times on the west side of.Sixth Avenue Southwest from Second Street Southwest to 180 feet more or less north of Second Street Southwest, was read. Upon motion by Cherland, second by Strain, and all voting in favor, the recommendation was approved and the City Attorney instructed to prepare the necessary resolution. The recommendation of the Public Safety Committee that Subsection 60 of Section B No Parking Zones be amended to read "Third Avenue S. E. on the east side of the street from Fourth Street S. E. to the bridge, was read. Upon motion by Cherland, second by Postier, and all voting in favor, the recommendation was approved and the City Attorney instructed to prepare the necessary resolution. The recommendation of the Public Safety Committee that Subsection 61 of Section B No Parking Zones be amended to read "Third Avenue S. E. on the west side of the street from Third Street to Fourth Street at all:_ times", was read. Upon motion by Cherland, second by Folkert, and all voting in favor, the recommendation was approved 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 the south side of 2nd.Street S. W. from 5th Avenue S.W. to a point 250 feet more or less west of 6th Avenue S. W., was read. Upon motion by Postier,.second by Cherland, and all voting in favor, the recommendation was approved 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 the east side of 6th Avenue S.W. from 220 feet more or less south of 2nd Street S. W. to Ist.Street S.W. and that Section B, Subsection 98 be amended to read "6th Avenue S.W. on the east side of the street between 1st Street and Center Street, except passenger loading zone of 50 feet more or less in front of Central School.and on the west side of the street between Center Street and 1st Street between the hours of 7:00 A.M. and 5:00 P.M. on school days only, was read. Upon motion by Folkert, second by Strain, and all voting in favor, the recommendation was approved and the City Attorney instructed to prepare the necessary resolution. The recommendation of the Public Safety Committee that parking be prohibited between the hours of 7:00 A. M. and 5:00 P. M. on @School days only at a point from 132 feet East of Valkyrie Drive N.W. to a point 386 feet more or less west of Viking Drive N.W. , was read. Upon motion by Cherland, second by Folkert, and all voting in favor, the recommendation was approved 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 the west side of 14th Avenue S. W. from 2nd Street S. W. to St. Mary's Hospital entrance between the hours of 7:00 A. M. to 7-PO P. M..Monday through Friday and that 11 Subsection 145.1 of Section B No Parking Zones of the Master Parking Resolution be deleted, was read. Upon motion by Postier, second by Cherland, and all voting.in favor, the recommendation was approved and the City Attorney instructed to prepare the necessary resolution. 1 • 1 0 L� Record of Official Proceedings of the' Common Council of the City of Rochester, Minn., August 18, 1969 353 1 E u 1 0 Alderman Folkert stated that he had received a call about whether or not a cross walk would be warranted at St. Mary's Drive on 14th and moved that this matter be referred to the Public,Safety Committee for consideration; Strain seconded the motion and all voted in favor. President DeVries stated that he had received a call that the present parking on 2nd Avenue S. W. south of 14th Street on the west side of the street for about five houses was prohibited and they.would like to have it from 7:00 A. M. to 6:00 P. M. instead of the 24 hours. Upon motion by Larson, second by Ludowese, and all voting in favor, this matter was referred to the Public Safety Committee. , The recommendation of the Public Safety Committee that parking be prohibited at all times on the east side of U. S. Rte. #63 South from 17th Street S.E. to a point of 110 feet more or less south, was read. Upon mot$on,by Cherlard, second by Ludowese, and all voting in favor, the recommendation was approved and the City Attorney instructed to the necessary resolution. The recommendation of the Public Safety Committee that bids be advertised for installation of traffic actuated traffic signal and street lights at 37th Street N. W. and 18th Avenue N.W., was read. Upon motion by Cherland, second by1iYolkert, and all voting in favor, the recommendation was approved. The recommendation of the Public Works Committee that the bid of Fraser Company Ind. in the amount of $174,802.31 for street construction and surfacing, sanitary sewer, storm sewer, subsurface drains, water mains and service connections stubbed into boulevards on 16� St. S.E., 8k Ave. and parts of 8th and 9th Avenue S. E. in Meadow Park Seventh Subdivision be accepted, was read.. Upon motion.by Folkert, second by Cherland, and all voting in favor, the recommendation was approved. The recommendation of the Public Works Committee that the bid of Rochester Sand & Gravel Inc. in the amount of $135,573.25 for construction of sewer, water main, grading and surfacing on 41st Street N. W. from 18th Avenue N. W. to T. H. #52 Frontage Road be accepted,, was read. Upon motion by Postier, second by Cherland, and all voting in favor, the recommendation was approved. The recommendation of the Public Works,Committee that the bid of Fraser Company Inc. in the amount of $125,917,.34 for regrading and surfacing, sanitary sewer, strom sewer, and water main extensions stubbed into Boulevard on 19th Street N. W. from 19th Avenue N.W. to County Aid Highway #4, be accepted, was read. Upon motion by Folkert, second by Ludowesi and all voting in favor, the recommendation was approved. The recommendation of the Public,Works Committee that the bid of Rochester Sand & Gravel Inc. in the amount of $72,33.2.65 for grading and surfacing 7th Street N. W. from C.G.W.R.R. to West line of Valleyhigh 2nd Subdivision be accepted, was read. Upon motion Ludowese, second by Folkert.,.and all voting in favor,.the recommendation was approved. The recommendatiop of the Public Works Committee that the bid of Riverside Sand & 0 Gravel Inc. in the amount of $59,448.67 for street grading and surfacing, sanitary sewer, 354 Record of Official Proceedings of the' Common Council of the City of Rochester, Minn., August 18,. 1969 • storm sewer, water main and service connections stubbed into boulevards on 31st Street N. W. abutting Tower Terrace Subdivision be accepted, was read and upon motion by Postier, second by Ludowese, and all voting in favor, the recommendation was approved. The application of Robert B. Matheson, Jr. for a Journeyman Plumbers license was read and upon motion by Larson, second by Strain, and all voting in favor, the' -license was granted. The application of -Broadway Cafe for a license to sell cigarettes was read and upon motion by Postier, second by Folkert, and all voting in favor, the license was granted. The contract bonds of E. J. Vonch (3) in the amounts of-$2,046.90, $8,411.45 and . $4,266.45 with Great American Insurance Company as surety; Doyle Conner Company in the amount of $1,345.00 with State Automobile & Casualty Underwriters -as surety; and Riverside Sand & Gravel in the amount of $141,476.05 with U. S. Fidelity & Guaranty Company as surety were each presented and upon motion by Postier, second by Folkert, and all voting in favor, the same were accepted and referred to the Mayor for approval. A motion was made by Folkert, second by Strain, and passed unanimously that the semimonthly bills in the amount of $519,322.42, list of which is attached, were approved. A motion was made by Ludowese, second by Larson, that the following resolutions be adopted in block; all voted in favor. A motion was -then made by Larson, second by Folkert, that the said resolutions be adopted as read and all voting in favor, President DeVries declared the said resolutions dujy'._passed and adopted: Resolution authorizing Public Utility Board to enter into a contract purchase order with Crescent Electric Supply Company for cable. Resolution authorizing Public Utility Board to enter into a lease agreement with the C. N. W. R. R. Resolution authorizing and directing Mayor and City Clerk to execute Agreement No. 56240 M with Minnesota Department of�Highways for traffic operations program to -increase capacity and safety (TOPICS program).. Resolution abandoning project for water main extension in 7th•Street N. W. to serve Lots 6, 7 and 8, Auditor's Plat "D". Resolution ordering and directing -City Clerk to advertise for bids for.Traffic Actuated Traffic Signal and Street Light at 37th Street N. W. and 18th Avenue N. W. Resolution approving plans and specifications and ordering bids for sanitary sewer and water main extension to the West i of Lot 21 in Allendale Subdivision. Resolution approving plans and specifications and ordering bids for construction of curb and gutter on both sides of 5th Street S. W. fr6m-15th to 16th Avenue S. W. and the west end of vacated 5th Street S. W. and sidewalk replacement on the south side as required. Reso.lution accepting bid of Fraser Company Inc. for street connections•and• surfacing, sanitary sewer, storm sewer, subsurface drains, water mains and service connections stubbed into boulevard on 16k St. S.E., 8k Ave. S.E. and portions of 8th and 9th Avenue S. E. in Meadow Park 7th Subdivision. 9 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., August 18, 1969 �35 5 Resolution accepting bid of Rochester Sand & Gravel Inc. for.sewers, water main, grading andsurfacing on 41st Street N. W. from 18th Avenue N. W. to T. H. 52 frontage.road. Resolution accepting bid of Fraser Company Inc. to regrade and surface, sanitary sewer, storm sewer and water main extension, service connections stubbed into boulevard on 19th Street N. W. from 19th Avenue N. W. to County State Aid Highway # 4. Resolution accepting bid of Rochester Sand& Gravel Co. for surfacing on 7th Street N. W. from C. G. W. R.R. to west line of Valleyhigh Second Subdivision. Resolution accepting bid of Riverside Sand & Gravel Inc. for grading and surfacin€ • sanitary sewer, storm sewer, water main and service connections stubbed into boulevards on 31st Street N. W. abutting Tower Terrace Subdivision. The recommendation of the Planning & Zoning Commission that the application for approval.of a community development project south and west of McQuillan Drive N. E. in Rocky Creek Subdivision be approved subject to receipt of a letter from the Fire -Chief approving the proposed fire land access and assuming that provision has.been made for proper and adequate water pressure and the Commission also voted to waive the set -back requirements under the Community Development Project provisions.and to approve the plan as submitted, was again read (tabled from previous meeting). Mr. Robert Toddies was again present and said he had investigatedthe cost of extending the.water main and was talking of a figure of about $25,000 to extend pressure costs without saying anything about completing the plans to get the street layout; he said the booster system would be sufficient, the recommendation of the Water Department was that a booster system be installed and other than that they had no objection, the hydrants would be installed at an elevation of 1100.E Alderman Strain asked that if in order to remove the City from liability would they change the.insurance policy to the type that the City could not be sued if you do not have the proper pressure.. Mr.Don Buske, Asst.Fire Chief, read from Fire Underwriters where they were requiring about 1800 gals. for 1-2 story buildings and 3000 gals. for 3 story, if you could get that amount at 22 lbs of pressure it would be alright, he said they tested out here where the road makes a bend, they flowed the hydrant and only got 1140 gals at 20 lb. pressure. Gerald Swanson, City Attorney, said if the City approves plans and specifications for a system which is inadequate.for normal fire protection he thinks the City is setting itself up for liability; the.question is the owner of the property runs the risk of fire but if there is a fire hydrant and no water he thinks it would be sufficient ground to hold the City liable, or if the system is unsufficient to provide the normal water required for .fire trucks he thinks there is some question as to the City's liability on this. Mr. D. M. Noyes of 430 Oak Grove, Minneapolis -of .the Noyes Development Company the developers, said they wanted to do what was.required and were relying on their engineers as to what to do, if the booster makes for a better project they would go along with it, he said they had an option on the land to the south and if these -apartments go well they will continue to build to the south which shows on the overall plan but would like to get started with this project as soon as possible, they have an investment in the land and the land is no good to them 3516 . Record of Official Proceedings of the .Common Council of the City of Rochester, Minn., August 18, 1969 • unless it can be utilized; he said they would do their best to.comply with all the rules. .C. A. Armstrong, City Engineer, said ifthey-:connected to the low level system and put in boosters and this was adequate he.did not think they could be assessed when they go to the high pressure. A motion was made by Larson, second by.Folkert, that this be again.tabled for two weeks and referred to the Public Works Committee, they to meet with the Fire and Water Departments; all voted in favor. The resolution authorizing conveyance by metes and bounds, part of Lots.l and 2, Block 2, Rocky Creek lst.Subdivision lying south of a line drawn .parallel to and 217.00 feet northerly of the south line of said lots (tabled from last meeting) was again presented and upon motion by Larson, second by Folkert, and.all voting in favor this was.again tabled. Mr.Franklin Mibhaels said there was going to be an ordinance presented tonight which annexed.Lots 51, 52 and 57 North Sunny Slopes and when this was annexed it would come into the City as R-1 District and he requested.that the Council initiate proceedings to change the zoning on these lots to R-Sa. Upon motion by Folkert, second by..Larson, and all voting in favor, this was referred to the Planning.& Zoning Commission. A resolution authorizing the Mayor and bity Clerk.to execute the option to purchase in favor of the Kroger Company subject.to the following changes to be made (1) change the termination date of December 31, 1969 to October 3.1, 1969 and (2) provide a I clause which will prohibit Kroger Company for a period of three years.from selling, assigning or leasing the property to anyone else. Upon motion by Cherland, second by -Larson, and all voting in favor except Aldermen Ludowese and Postier who voted "nay", the resolution was adopted. A resolution accepting the grant of a permanent roadway easement to the City of Rochester in the Eastk, Northwest k, Section 28-107-14 by Industrial Opportunities,. Inc. was read. Upon motion by Ludowese, second by Postier, and.all voting in favor,.resolution adopted. Resolution accepting the grant of a street easement to.the City of Rochester at Lot 1, Block 14, Head & McMahons Addition by the Evangelical Lutheran Trunity Church, was read. Upon motion by Larson, second by Cherland, and all voting in favor, resolution adopted. A resolution accepting the grant of a permanent water main and sanitary -sewer main easement at the southwest corner Lot.21 Allendale Subdivision by Eugnee E. O'Neill and Thelma B. O'Neill, was read. Upon motion by Cherland, second by Postier, and all voting in favor, is resolution adopted. Resolution accepting the grant of a.permanent water main and sanitary sewer main easement in.Lot 21, Allendale Subdivision by Fred 0. Dahle and.Magdalene K. Dahle, was read. Upon motion by Folkert, second by Cherland, and all.voting in favor, resolution adopted. A resolution accepting the grant of a permanent easement for public sanitary sewer to the City of Rochester at Lot 3, Block 3, Fo1well.Heights Fourth Subdivision by the Kruse Company and the First National Bank of Rochester, was.read. Upon motion by Folkert, second by Postier, and all voting in favor, resolution adopted. 1 0 L 1 0 40 Record of Official Proceedings of the Common Council 3 5) 7 of the City of Rochester, Minn., August 1s, 1969 1 C J 1 A resolution granting a permit to install stone fencing -on the Kahler Center extending 2 inches into the public -right-of-way of First Avenue N. W., was read. Upon motion by Strain, second by Folkert, and all voting in favor, resolution adopted. An Ordinance rezoning certain property and amending -the Zoning Ordinance of the City of Rochester (changing the Northwest quarter of Sec. 33-107-14 lying East of Country Club Manor and north of the City's drainage easement to R-4 District), was given its first reading. An Ordinance rezoning certain property and amending the Zoning Ordinance of the City of Rochester (changing Lots 14 through 19, Block 1 of Meadow Park Fifth Subdivision to R-2 District) was given its first reading. An Ordinance annexing to the City of Rochester certain platted land in North Sunny Slopes (Lots 51, 53 and 57 North Sunny Slopes including � of public street right-of- way adjoining Lots 51 and 57),was given its first reading. An Ordinance annexing to the City of Rochester, Minnesota certain platted land in Highland Addition (Lot 7, Block 3, Highland Addition and right of way of 20th Ave. S.W. f centerline of 2nd St. S.W. to centerline of 3rd St. S.W. and north � of 3rd St. S.W. adjoining Lot 7, Block 3, Highland Addition and adjoining the west 132 feet of Lot 7, Block 2, Highland Addition), was given its first reading. An Ordinance annexing to the City of Rochester, Minnesota, certain unplatted land in Cascade Township, Sections Twenty -One, Twenty -Two and Twenty -Eight, Township One Hundred Seven North, Range Fourteen West, Olmsted County, Minnesota, which is completely surrounded by land within the City of Rochester, Minnesota, was given its first reading. An Ordinance annexing to the City of Rochester, Minnesota certain unplatted land in Cascade Township in the Southeast Quarter of Section Thirty-two, Township One Hundred Seven North, Range Fourteen West, Olmsted County, Minnesota (Judd property - 75% surr was given its first reading. An Ordinance annexing to the City of Rochester, Minnesota, certain unplatted land) in Cascade Township in the Southwest Quarter of Section Twenty -Four, Township One Hundred Seven North, Range Fourteen West, Olmsted County, Minnesota (Larsen property N. E. - 75% surrounded) was given its first reading. An Ordinance annexing to the City of Rochester, Minnesota, certain unplatted land G in Cascade Township, Sections Twenty -Seven, Twenty -Eight and Thirty -Three, Township One Hundred Seven North, Range Fourteen Test, Olmsted County, Minnesota (75% surrounded), was given its first reading. An Ordinance relating to the construction of public sidewalks and amending Section 302 (a) of the Rochester Building Code adopted by OrdinanceNo. 1455, was given its first reading. Sec. 302 (a) No permit shall be issued for the construction of a new building on any parcel of property not already served by a sidewalk unless the plans for such building provide for the construction of sidewalks within and along the public street right-of-way adjacent to the front 0 r35 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., August 18, 1969 • or side of the building site. Such sidewalks shall be installed at the time of construction of the new building. Upon application of the owner and recommendation of the City Engineer the Building Official may waive the requirement that sidewalks .be installed whenever it is determined that sidewalks would be impractical to install because of the terrain or that sidewalks in the area would serve no useful purpose. The requirement of this paragraph that sidewalks be installed shall not apply to the construction of accessory buildings or the making_ of additions, alterations or repairs to existing buildings. Alderman Larson stated that the Public Works Congress was meeting in Cleveland, Ohio on September 15th to 18th, 1969 and one of their main topics was "land fill"and that he and James Andre%a would liketo attend. Upon motion by Cherland, second by Strain, and all voting in favor, authorization to attend was granted. , Upon motion by Postier, second by Strain, and all voting in favor, the meeting was adjourned. City Clerk 10