HomeMy WebLinkAbout09-15-1969Record of Official Proceedings of the Common Council
41 of the City of Rochester, Minn., September 15, 1969
`1 o
•
LJ
1
1
Minutes of an adjourned regular meeting of the Common Council of the City of
Rochester, Minnesota, held in the Council Chambers in the City Hall, in said City, on
September 15, 1969.
President DeVries called the meeting to order at 7:30 o'clock P. M., the following
members being present: President DeVries, Aldermen Cherland, Larson, Ludowese, Postier,
Strain. Absent: Alderman Folkert.
Upon motion by Ludowese, second by Larson, and all present voting in favor, the
minutes of the meetings of August 21, 1969 and September 2, 1969 were approved.
following:
President DeVries stated this as being the time and place set for hearings on the
Hearing on proposed amendments to the Zoning Ordinance (1) amendment to paragraph
44.O1 which provides that a solid masonry wall be built around the rear lot line and side
lot line of all gasoline service stations except those located in an M-District and (a) an
amendment which would increase the penalty for violation of the Zoning Code. There was no
one present wishing to be heard; President DeVries declared.the hearing officially closed.
0. N. Mertz, Fire Chief, said this was the first he had heard of this amendment and wondered
what the purpose was or if it was necessary, he requested that he be given some time to
study and review it. Upon motion by Larson, second by Cherland, and all present voting in
favor, the matter was referred to the Public Safety Committee.
Hearing on variance to vary the side yard requirement of the Zoning Ordinance as
it applies to the property located at 1010 - 15th Avenue S. E. There was no one present
wishing to be heard; President DeVries declared the hearing officially closed. The
i�
recommendation of the Planning & Zoning Commission that this variance be denied was again
read and a7motion was made by Postier, second by Strain, that the recommendation of the
Planning & Zoning be disapproved'and the City Attorney be instructed to prepare a resoluti
granting the variance; Gerald Swanson, City Attorney, again stated that he thought the
Common Council would be hard pressed to comply with the provisions of the zoning ordinance
in determining that this is an unusual or extraordinary situation, he said if a variance
was granted in this case it would be hard to make determination in every case, he said an
example could be if this gentleman had a small lot which preceded the zoning and platting
ordinance and wanted to make an improvement on it this could be considered a hardship but
here you have lots that are quite standard throughout the City and you have a request for
variance that same situation could be multiplied. Alderman Postier said he had viewed this
property and felt that there were extenuating circumstances, also they had not opposed the
installation of a retaining wall when the street was widened, he again s€hfd he felt the 1
Council was qualified to take these individual problems as they come up''and deal with them l
� IIas such as they come in the future. A motion was then made by Strain, second by Larson,
that.this be tabled until the meeting of October 6th so each member could view the property;
iI
all present voted in favor. ,'
80
Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., September 15, A969 •
Hearing on variance to the rear yard requirement of the Zoning Ordinance as it
applies to the property located at 1525 Graham Court S. E. Mr: Harold Stewart, the
petitioner, was present and said the reason he had requested this variance was he wanted to
put an addition on his house which the size of his family required, the water table in this
area prohibits putting in a basement so he planned to add this containing a family room and
one bedroom. There was no one else present wishing to be heard; President DeVries declared
the hearing officially closed. The recommendation of the Planning and Zoning Commission
that this variance be granted was again read and upon motion by Cherland, second by Strain,
and all present voting in favor, the recommendation was accepted and the City Attorney was
instructed to prepare a resolution granting the said variance.
Continued hearing on approval of a community development project, an area of land
bordered on the north by the extension of 26th Street N. W., on the south by 19th Street N. W.,
on the East by 25th Avenue N. W. and on the west by County Road A (Till -Grieve -Carpenter
property). There was no one present wishing to be heard; President DeVries declared the
hearing officially closed. Mr. Tom Moore, City Planning Director, said the petitioners had
called and said they were not ready with some of the minor changes requested. No actionwas
taken or would be taken until they came back in with the corrected plan.
Upon motion by Postier, second by Strain, and all present voting in favor, the meeting
was adjourned at 8:15 P. M. -President DeVries called the meeting to order again at 9:00 P. M.
with all members being present except Alderman Folkert.
Mr. Gene Cowen of 1331 22nd Street N.W. was present and brought to the attention of
the Council the poor quality of the blacktop driveway repair, when the sidewalk had been
constructed this summer the contractor had done a very poor job, he said he had contacted
the contractor and he said he did not have to to this; Mr. Cowen requested that the Council
contact C. M. Boutelle, the contractor, to get his driveway repaired in good condition; he
also said his neighbor Robert Haugen of 1325 - 22nd Street N. W. was out of town today but
he had the same circumstances. Mr. Al Toddie, Assistant City Engineer, was to check and take
care of this matter.
The following tabulation of bids opened at 2:00 P. M. on September 15, 1969 was
presented:
1. Part II of street grading and
surfacing,
sanitary sewer, storm sewer,
water main and
Service connections in 19th St. N.W. and
Block 4, Valhalla 4th Subdivision.
Riverside Sand & Gravel
Rochester;
Minn. $76,755.40 *
Engr..
Estimate
Fraser Co., Inc.
Rochester,
Minnesota 79,053.87
Leon Joyce Construction Co.
Rochester,
Minn. 82,517.52
$67,149.80
2. Curb and gutter on both sides
of 5th St.
S.W. from 15th to'l6th Ave.
S.W. and the west
end of vacated 5th St. S.W. and sidewalk
replacements on south side as
required.
No bids were received.
The Mayor's appointment of Eldred A. Kuehn of 2421-18th Ave. N. W. as a member of
the Mayors Parking and Traffic Committee, term of office to expire April 1, 1971 and Mr.
Kuehn to replace the unexpired term of Thomas Murray who resigned June 9, 1969, was read.
Upon motion by Cherland, second by Postier, and all present voting in favor, the
appointment was confirmed.
1
•
1
1
1
Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., September .15, 1969
381
1
u
1
9
i�
Notices from the City of Albert Lea that the Regional Fall Meeting would be held
there on September 30, 1969 and from the Village of Kenyon that the Regional Fall Meeting `
would.be held there on October 2, 1969, were each read and President DeVries ordered the same)
I
placed on file.
The request of the Disabled American Veterans Department of Minnesota for
i
permission to conduct their annual Forget -Me -Not Drive in Rochester on September 27, 1969 was:
read. Upon motion by Strain, second by Cherland, and all present voting in favor, the ,i
request was approved. it
I
A letter from S. C. Samels of 9 Sunny Slopes requesting the installation of a l
'I
metal stop sign at a "T" intersection located in recently annexed property located in Sunny
I
Slopes Addition viz at the intersection of Walden Lane S.W. and Skyline Drive S. W., was read'.
Upon motion by Postier, second by Cherland, and all present voting in favor, the letter was
referred to the Public Safety Committee.
A letter from Mrs. Helen Drosos Adams inquiring if the City had taken into
consideration the children crossing 9k St. S.E;, 3rd Ave. S.E. etc. when thinking about
allowing K-Mart to.proceed, was read. Upon motion by Strain, second by Cherland, and all
present voting in favor, the letter was referred to the Public Safety Committee.
�I
A recommendation signed by all members of the Beautification Committee
requesting that (1) the name of this committee be changed to the Rochester Committee on Urban;
Environment (CUE), (2) effective implementation of this responsibility necessitates that this,
committee receive advance notification of all impending activities and changes affecting the
i
design, color and placement of city owned property and therefore request that this informa-
tion come to them so they may, after due consideration, make our recommendations to the i
appropriate city departments and (3) that this committee function in an advisory capacity
through the Planning and Zoning Commission, was read. Upon motion by Larson, second by
Ludowese, and all present voting in favor, the.recommendation was referred to the Public
Works Committee.
A resolution adopted by the Public Utility Board requesting approval of a.change
order to the contract with Thein Well Company for Make -Up Water Well No. 1, making a total
amended contract price of $9,708.50, was read. Upon motion by Ludowese, second by Strain,
and all present voting in favor, the.resolution was approved.
A resolution adopted by the Public Utility Board that $100,000.00 be appropria
to the Rochester State Bank for the purchase of U. S. Treasury Bills maturing September 18,
1969, was read. Upon motion_by Ludowese, second by Strain, and all present voting in favor,
the resolution was approved.
A. resolution adopted by the Board of Park Commissioners that approximately 10
acres of land adjacent to the present Graham Addition be acquired for park purposes by
whatever method the Common Council may consider appropriate, was read. Upon motion by Stra
second by Postier, and all present voting in favor, the same was referred to the Finance
0
Committee.
Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., September 15, 1969 •
A letter from Johnson, Drake, & Piper, Incorporated objecting to the installation of
the high voltage transmission line which proposed along a line within 15 feet of their
residential lots was read. Upon motion by Ludowese,.second by Postier, and all present
voting in favor, the letter was referred to the City Attorney.
A petition with 27 signatures requesting that:the Council remove the high voltage
transmission line poles located on a drainage-swail East of Country Club Manor was read and
President DeVries ordered the same placed on file.
A resolution adopted by the Board of Park Commissioners stating.that they feel the
cost of development of the 300 x 1,677 foot utility easement.east of Country Club Manor
does have potential for park development but feels the cost of development of the area is
not feasible at this time because of the high expenditure necessary for storm sewer
installations and recommending that (1) plans be dropped regarding immediate development of
the area into recreational facilities (2) future planning toward the development of the
easement property be centered around water oriented facilities in such a manner as not to
require the storm sewer construction at city expense and (3) a new park site be acquired in
or adjacent to Country Club Manor for general park development, was read. President DeVries
said he had viewed this area during the installation of the high voltage transmission line;
when asked if the Public Utility Board had considered going across the Furlow property with
the line he said they had and had the same objections and also this land was outside the
City; he said he felt some facility for recreation was badly needed in this area, the only
thing they have now is on top of the hill, there are about 800 children in Country Club
Manor area and a park was necessary, he said he would suggest that the Public Utility Board
provide some funds for purchase of some land inthis area. Upon motion by Strain, second by
Larson, and all present voting in favor, the resolution was approved.
A resolution adopted by the Board of Park Commissioners recommending that approximately
10-acre of land in or adjacent to Country Club Manor be acquired for park development either
through negotiation or other methods as the Common Council may consider appropriate was read.
Upon motion by Postier, second by Cherland, and all present voting in favor, the resolution
was referred to the Finance Committee, the Public Safety Committee and the Planning & Zoning
Commission.
A letter from Gold Cross Ambulance Service, Inc. about ambulance -hospital
communications was read and ordered placed on file. Alderman Ludowese said that at the
last Public Safety meeting he had been told that the Diamond Ambulance does not have radio
contact with the emergency rooms and Chief Macken said it was his understanding that they
did have; he said the owner of Diamond Ambulance had come to his place of business and
had demonstrated his equipment which proves that he does have radio equipment.
The following applications and petitions were each read and upon motion by Postier,
second by Cherland, and all present.voting in favor, the same were referred to the Planning
and Zoning Commission:
1. Petition for zoning district change at 1021 - 7th St. N.W. to
R-3 District.
1
•
1
9
[1
0
Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., September 15, 1969
3 S3
2. application for plat approval of plat of Hendrick's Subdivision.
3.. application for plat approval of Pennington First Subdivision.
4. petition to vacate 9' Avenue N. W. southerly of a line extending
from the northeast corner of said Lot 23, Replat of Outlot #1,
Elton Hills East First Subdivision to the northwest corner
of Lot 24, Replat of Outlot #1, Elton Hills East First Sub.
A letter from President DeVries submitting the reappointment of Henry Iberg of
628 - llth Street S. W. as a member of the Joint Airport Zoning Board, his term of office
.shall expire December 31, 1969, was read. Upon motion by Cherland, second by Strain, and
all present voting in favor, the appointment was confirmed.
A letter signed by Wayne F. Clark and Russell F. Clark of 840 14th St. N. W.
• stating that they had an application on file for "off sale" liquor license and now have a
building that could be used and requesting that they be issued a license, was read and
ordered placed on file.
A letter from C. A. Armstrong, City Engineer, recommending appointment of
Barbara Joe Hennessey to the position of Receptionist -Tel. Operator in the City Engineering
Department to fill vacancy at Grade 2, Step A ($310 per mo.) was read. Upon motion by
Larson, second by Postier, and all present voting in favor, the appointment was approved.
The application of Forest Whidby of St. Paul, Minnesota for a permit to hold a
dance on October 4, 1969 in the Mayo Civic Auditorium was read and upon motion by Postier,
second by Ludowese, and all present voting in favor, the application was referred to the
Public Safety Committee.
0
The application of M. P. Overend for a license to connect with sewers and drains
was read and upon motion by Larson, second by Ludowese, and all present voting in favor, the
license was granted.
The license bond of M. P. Overend in the amount of $1,000.00 with Northwestern
National Insurance Company as surety was read and upon motion by Larson, second by Postier,
and all present voting in favor, the bond was approved and ordered placed on file.
The contract bonds of Crescent Park, Inc. in the amount of $62,148.00 with
United States Fidelity and Guaranty Company as surety; H & H Electric Company in the amount
of $15,850.00 with Western Surety Company as surety; Riverside Sand & Gravel Company in the
amount of $19,587.00 withUnited States Fidelity and Guaranty Company as surety; and Fraser
Company, Inc. (2) in the amounts of $98,137.70 and $2,539.40 with Transamerica Insurance
Company as surety, were each read and upon motion by Larson, second by Postier, and all
present voting in favor, the bonds were accepted and referred to the Mayor.
The recommendation of the Planning and Zoning Commission that the Common Council
authorize the City Planning Department to undertake this study - Comprehensive Sanitary
Sewer and Water Plan for Rochester Urban Area - as part of the City's Public Facilities
Plan was read. Mayor Day said he thought this was a very good plan, they would have to
work very closely with the City Engineer and Public Works and other department but it was
very important if people are looking at land in the urban area for them to have some kine of
idea as to when they could expect improvements. Upon motion by Ludowese, second by.Strain,
and all present voting in favor, the recommendation was referred to the Public Works Committe
e.
Record of Official Proceedings of "the Common Council
of the City of Rochester, Minn., September 15, 1969
The recommendation of the Public Safety Committee that Section 147.220 of the
Municipal Code be amended that it provide for a period of fifteen (15) minutes.for loading
and unloading passengers, was read and upon motion byPostier, second by Ludowese, and all
present voting in favor, the recommendation was accepted and the City Attorney was instructed
to prepare the necessary resolution.
The recommendation of the Public Safety Committee that a truck loading zone be
established on the east side of South Broadway for a distance of 25 feet, more or less, in
front of the Sheraton Rochester Hotel immediately south of the Olmsted County Bank, was read
and upon motion by Ludowese, second by Postier, and all present voting in favor, the •
recommendation was accepted and the City Attorney was instructed to prepare the necessary
r esolution.
The recommendation of the Public Safety Committee that a truck loading zone of 25
feet, more or less, be established on the south side of Second Street Southeast immediately
east of South Broadway, was read and upon motion by Larson, second by Ludowese, and all
present voting in favor, the recommendation was accepted and the City Attorney was
instructed to prepare the necessary resolution.
The recommendation of the Public Safety Committee that the City Attorney be
instructed to draft a Common Day of Rest Ordinance, was read. A motion was made by Ludowese,
seocnd by Postier, that the recommendation be approved and upon roll call, Larson, Ludowese,
Postier and DeVries voting "aye" and Cherland and Strain voting "nay', the recommendation was
' o
approved.
The recommendation of the Public Safety Committee that the Fire Department be granted
permission to use on -street parking adjacent to the former Olmsted County Bank for
implementation of the activities of Fire Prevention Week, was read.' Upon motion by Ludowese,
second by Postier, and all present voting in favor, the recommendation was approved.
The recommendation of the Public Safety Committee that the application of George and
Arden Grubb, Inc. dba North Star Bar at 503 North Broadway for a dance license be approved was
read. Upon motion by Postier, second by Cherland, and all present voting in favor, the
recommendation was approved. •
The recommendation of the Public Safety Committee that the application of Roger Stump
821 North Broadway dba Stop-N-Go of Southern Minnesota for a license to sell non -intoxicating
malt beverages off sale be approved was read. Upon motion by Ludowese, second by Cherland,
and all present voting in favor, the license was granted, subject to completion of the
building to the satisfaction of the Inspection Department.
The recommendation of the Public Safety Committee that there be no increase in parking
(violation penalties was read. A letter from AFL-CIO recommending that an increase in parking
fines be avoided was read and ordered placed on file. A letter from the Board of Trustees of
the Downtown Retail Merchants Association taking a negative position to increase in parking
meter violation penalties and recommending that the present 12-minute meters be converted to
r
Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., September 15, 1969
-
3-8-i�P
0
1•
1
1
30-minute meters with two such meters at the ends of each block for "quickie" packers was
read and upon motion by Ludowese, second..by Postier, and all present voting in favor, this
letter was referred to the_Public Safety Committee. A motion was then made by Ludowese,
second by Postier, that the recommendation of the Public Safety Committee -be approved; all
present voted in favor.
The recommendation of the Public Safety Committee that a channelization plan be
approved to provide left turn storage lanes and remove parking on North Broadway between
and including 6th Street South and 13th Street North was read. Upon motion by Postier,
second by Ludowese, and all present voting in favor, the recommendation was approved with
the deletion of the portion between 6th and 7th Street, and the City Attorney was
instructed to prepare the necessary resolution.
A Flood Control Report and Recommendation from the Public Works Committee
recommending that the Council approve by resolution plan #6, or a comparable plan which
will provide for protection from the 100 year frequency and for a retarding structure on
the South Fork of the Zumbro and request the other members of the sponsors to concur with
their intent and that a mill levy for the forthcoming Flood Control Program be included
in the Budget for 1970 and each preceeding year to establish a fund for the City's share
of the program, was read. Upon motion by Larson, second by Ludowese, and all present
voting in favor, the recommendation was approved and meeting was to be set up with the
other four sponsoring agencies._
The recommendation of the Public Works Committee that the agreement with the
State of Minnesota, Department of Highways, covering the maintenance and operation of four
lighting units at T. H. 14 and State Junior College entrance be approved, was read. Upon
motion by Larson, second by Postier, and all present voting in favor, the recommendation
was approved.
The recommendation of the Public Works Committee that the bid of Riverside Sand
and Gravel Co., Inc. in the amount of $76,755.40 for construction of Part 2 of grading and
l
surfacing, sanitary sewer, storm sewer, water main and service connections in 19th St. N.W.
and Block 4 Valhalla 4th Subdivision be approved was read. Upon motion by Larson, second
by.Ludowese, and all present voting in favor, the recommendation was approved.
A motion was made by Ludowese, second by Cherland, and passed unanimously that
the semi-monthly bills in the amount of $117,126.69, list attached, be approved.
A motion was made by Larson, second by Postier, that the following resolutions
be adopted in block; all present voted in favor. A motion was then made by Postier, sec
by Larson, that the said resolutions be adopted as read and all present voted in favor:
Resolution approving change order to the contract with Thein Well Company for
Make Up Water Well No. 1.
Resolution approving appropriation of $100,000.00 to the Rochester State Bank
for purchase of U. S. Treasury Bills maturing September 18, 1969.
0
Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., September 15, 1969 •
Resolution authorizing and directing Mayor and City Clerk to execute agreement with
State of Minneso a, Department of Highways for maintenance and provide electric engergy for
four lighting units at T. H. 14 and the -Junior College entrance.
Resolution declaring cost to be assessed and ordering preparation of proposed
assessment for Parts I and II of Trunk Line sanitary sewer and water main from old T. H.420
to the East Line of the NE'k Section 6, Marion Township.
Resolution ordering a hearing on proposed assessment for Parts I and II of Trunk
Line Sanitary Sewer and Water Main from Old T. H. #20 to the East line of NEk Section 6,
Marion Township.
Resolution declaring cost to be assessed and ordering preparation of proposed
assessment for extension of sanitary sewer in North Sunny Slopes Drive to Lots 50, 51, 52,
53 and 54 in North Sunny Slopes.
Resolution ordering a hearing on proposed assessment for extension of sanitary sewer
in North Sunny Slopes Drive to Lots 50, 51, 52, 53, and 54 in North Sunny Slopes.
Resolution declaring cost to be assessed and ordering preparation of proposed
assessment for extension of sanitary sewer and water main in North Skyline Drive, abutting
Lots 56, 57, 58, 59, 41, 42 and 44 of North Sunny Slopes Addition.
Resolution ordering a hearing on proposed assessment for extension of sanitary sewer
and water main in North Skyline Drive, abutting Lots 56, 57, 58, 59, 41, 42 and 44 of North
Sunny Slopes Addition.
Resolution declaring cost to be assessed and ordering preparation of proposed
assessment for deferred assessment for sanitary sewer and water main in North Skyline Drive
and West Frontage Road to T. H. 52 to Lot 55 North Sunny Slopes against Lots 1 thru 5 and
Lots 13 and 14, Block 2 and Lots 11 and 12, Block 2, Folwell Heights 4th Subdivision.
Resolution ordering a hearing on proposed assessment for deferred assessment f.or
the sanitary sewer and water main in North Skyline Drive and West Frontage Road to T. H. 52
to Lot 55 North Sunny Slopes against Lots 1 thru 5, Block 3 and Lots 13 and 14, Block 2 and
ILots'll and 12, Block 2, Folwell Heights 4th Subdivision.
Resolution declaring cost to be assessed and ordering preparation of proposed
lassessment for deferred assessments for construction of a sanitary sewer on 6th St. S.W.
from a point 190 feet west of 15th Ave. S.W. to a point 450 feet west, and in Block 2,
Dresbach's-Addition, 14th Ave. S.W., 15th-Ave. S.W., 8th St. S.W., and along T. H. 52
against all lots in Folwell Heights Subdivision.
Resolution ordering a hearing on proposed assessment described above against
4th
all lots in Folwell Heights/Subdivision.-
Resolution declaring cost to be assessed and ordering preparation of proposed
assessment for deferred assessments for construction of sanitary sewer on 6th St. S.W. from
a point 190 feet west of 15th Ave: S.W. to a point 450 feet west, and in Block 2, Dresbach's
Addition, 14th Ave. S.W.,`15th Ave. S.W., 8th St.-.S.W., and along T. H. 52 against all lots
in Folwell Heights 5th Subdivision.
j
•
.1
1
0
11
Record of Official Proceedings of the Common Council
of -the City of Rochester, Minn., September 15, 1969
3
r:
1
1
Resolution ordering a hearing on proposed assessment described above against all
lots in Folwell Heights 5th Subdivision.
Resolution accepting bid of Riverside Sand & Gravel, Inc. for Part II of street
grading, and surfacing, sanitary sewer, storm sewer, water main and service connections in
19th'Street N. W. and Block 4, Valhalla 4th Subdivision.
An Ordinance annexing to the City of Rochester, Minnesota, certain unplatted
land not exceeding two hundred acres in -area, all being in the Northeast Quarter of the
Northeast Quarter of Section 12, Township 106 North, Range 14 West, Olmsted -County, Minnesotan
(located west side of U. S. 52 and south of Phil's Fix -All owned by Mayo Properties 4.86 acre;
was given its first reading. Upon motion by Larson, second by Strain, and upon roll call andl
all present voting in favor, the rules were suspended and the ordinance was given its second
reading. Upon motion by Larson, second by Ludowese, and upon roll call and all present
voting in favor, the rules were suspended and the ordinance was given its third and final
reading. A motion was made by Postier, second by Larson, that the said ordinance be adopted
as read and all present voting in favor, President DeVries declared the said ordinance duly
passed and adopted.
An Ordinance rezoning certain property and amending the Zoning Ordinance of the
City of Rochester, Minnesota (Graham-K-Mart to R-3) was given its first reading.
An Ordinance rezoning certain property and amending the Zoning Ordinance of the
City of Rochester, Minnesota (Carpenter -Grieve Development to R-3 and B-:lb District) was
given its first reading.
Resolution accepting permanent easement for public utility services on Lot 5,
Block 6, Sunrise Estates First Subdivision by Mary T. and Ray J. Arend and Maxine M. and.
Herbert Bailey. Upon motion by Postier, second by Strain, and all present.voting in favor,
resolution adopted..
,Resolution authorizing owners to convey by metes and bounds Lot 5, Block 6,
Sunrise Estates First Subdivision. Upon motion by Larson, second by Ludowese, and all p
voting in favor, resolution adopted.
Resolution accepting permanent easement for public sidewalk and watermains to
the City on Lots 11 and 12, Block 3, Golden Hill Addition by the Continental Oil Company.
Upon motion by Postier, second by Ludowese, and all present voting in favor, resolution adopti
Resolution authorizing and directing Mayor and City Clerk to execute on behalf
the City the contract with Crescent Park Inc. for local improvements in Crescent Park 8th
Addition. Upon motion by Ludowese, second by Larson, and all present voting in favor,
resolution adopted.
Resolution ordering a hearing on petition to va6ate that portion of the east -
west alley easement in Block 7 Highland Addition which lies south of Lot 26, Block 7, Highla
Addition. Upon motion by Ludowese, second by Postier, and all present voting in favor
resolution adopted.
Resolution amending the parking resolution as follows, upon motion by Postier,
Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., September 15, 1969 •
second by Strain, and all present voting in favor, resolution adopted:
Section B, No Parking Zones, Streets, paragraph (49.9) is hereby amended
to read in its entirety as follows:
(49.9) Second Avenue Southwest on the west side of the Avenue
for a distance of 350 feet more or less immediately south of
14th Street Southwest between the hours of 7:00 a.m. and 6:00 p.m.
Resolution amending the parking resolution as follows, upon motion by Postier, second
by Larson, and all present voting in favor, resolution adopted:
Section B, No Parking Zones, Streets, is hereby amended by adding thereto
Paragraph (3.5) and by amending paragraph (7.5) to read in their entirety
as follows:
(3.5) North Broadway on both sides of the street from Twelfth
Street to Thirteenth Street at all times.
(7.5) South Broadway on the west side of the street from 350 feet
more or less south of 6th Street Southwest to 360 feet more
or less north of 6th Street Southwest.
Resolution amending the parking resolution as follows, upon motion by Ludowese,
second by Postier, and all present voting in favor, resolution adopted:
Section B, No Parking Zones, Streets, is hereby amended by adding thereto
paragraph (40.2) to read in its entirety as follows:
(40.2) Second Street Southwest on the south side of the street
from Ninth Avenue Southwest to a point 100 feet more or
less west of Ninth Avenue Southwest, at all times; and
Second Street Southwest on the north side of the street
from Ninth Avenue Southwest to a point 75 feet more or less
east of Ninth Avenue Southwest, at all times.
Section H, Limited Parking Zones, Zone E (2 hour parking) is hereby
amended by adding thereto paragraph (10) to read in its entirety as follows:
(10) Second Street Southwest on the south side of the street
from a point 250 feet more or less west of Sixth Avenue
Southwest to Eleventh Avenue Southwest except from Ninth
Avenue Southwest to a point 100 feet more or less west
of Ninth Avenue Southwest; and Second Street Southwest
on the north side from Seventh Avenue Southwest to
Eleventh Avenue Southwest except from Ninth Avenue
Southwest to a point 75 feet more or less east -of
Ninth Avenue Southwest.
Resolution amending the parking resolution as follows; upon motion by Ludowese,
second by Postier, and all present voting in favor, resolution adopted:
Section B, No Parking Zones, Streets is hereby amended by adding thereto
paragraph (66) so as to read in its entirety as follows:
(66) Third Avenue Southwest on the east side of the street from
First Street to a point 150 feet more or less south of
First Street between the hours of 4:00 p.m. and 6:00 p.m.,
Monday through Friday.
Resolution amending the parking resolution as follows; upon motion by
Larson, second by Cherland, and all present voting in favor, resolution adopted:
Section B, No Parking Zones, Streets, paragraph (158) is hereby amended
to read in its entirety as follows:
(158) Elton Hills Drive Northwest on both sides of the street
from the East Frontage Road of Highway No. 52 to a point
465 feet more or less northeasterly at all times.
Mr. Gerald Swanson, City Attorney, read a resolution which would rescind a resolution
adopted by the Common Council on August 18, 1969 authorizing execution of an option
contract with The Kroger Company and authorizing and directing the Mayor and City Clerk
to sign a new option contract to purchase the City property described therein for
$326,000.00 on the following terms:
1. The option shall expire November 30, 1969.
2. The Kroger Co. shall pay the abstract expenses if the same be
continued at the request of The Kroger Co. prior to exercise
of the option.
3. The City shall have a right of first refusal if The Kroger Co.
proposes to resell the property within five years of the"date
of purchase.
1
is
1
1
is
1
0
Record of- Official Proceedings of the Common Council
of the City of Rochester, Minn., September 15, 1969
38y
1
•
1
1
is
1
4.1 The Kroger Co. shall pay the City any profits from the sale of the
property.
5. The agreement to pay the City the resale profits shall be void if
within five years a 54,OOO.square foot Kroger Family Center is
constructed on the property.
6. If the option is exercised the conveyance shall made before
January 1, 1970.
Mr. Swanson also said that Kroger Company had agreed to pay for the improvements necessary to
service this property. A motion was made by Strain, second by Larson, that the above
resolution be adopted as read and upon roll call,-Cherland, Ludowese, Postier and DeVries
voting "nay" and Larson and Strain voting "nay", the motion was lost and the resolution not
adopted.
A resolution rescinding the resolution adopted by the Common Council on August
1969 authorizing the execution of that certain option contract with The Kroger Company. Upon
present
motion by Postier, second by Ludowese, and all/voting in favor except Aldermen Larson and
Strain who voted "nay, the resolution was adopted.
A motion was then made by Strain, second by Postier, that the property located
on the Northwest corner of Elton Hills Drive and Broadway North (the property The Kroger Co.
was interested in) be referred to the Public Works Committee and the Finance Committee for
further review and study as to whether some kind of ,income would be realized, etc.; all
present voted in favor of the motion.
Upon motion by Ludowese, second by Postier, and all present voting in favor, thel
meeting was adjourned.
City Clerk
31
r1
LJ