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HomeMy WebLinkAbout11-03-1969F'414 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., November 3, 1969 11 Minutes of a regular meeting of the Common Council of the City of Rochester, Minnesota held in the Council Chambers, in the Citu Hall in said City, on November 3, 1969. Upon motion by Cherland, second by Postier, and all present voting in favor,. Alderman Folkert was appointed.as President pro temc i President pro tem Folkert called the meeting.to order at 2:00 o'clock P. M., the following members being present: President pro tem Folkert, Aldermen Strain, Larson, I� Ludowese, Postier, Strain (Alderman Larson -arrived at 2:30 P. M.). Absent: President I DeVries. Upon motion by Ludowese, second by Postier, and_all present voting in favor.,. the minutes of the meeting of October 20, 1969 were approved. The Mayor's appointment of Mrs..• Marian.Gardner of 1012 6th Avenue N. W..to li .I replace Mrs. Hilda Heusinkveld as school crossing guard at 14th.Street and 8th Avenue N. W. if i was read and upon motion by Postier, second by Cherland, and all present voting in favor, the appointment was approved. II ii A letter from Philip Lake of 1552 llth.Avenue N. W. requesting that parking be again allowed on West Center Street from llth Avenue West and submitting a petition with twenty signatures requesting that parking be reinstated on the south side of West Center Street from 1� llth Avenue West were each read and upon motion by Strain, second by Postier, and all,present voting in favor, the same were referred to the Public Safety Committee. (, A letter from H. S. Patterson of 1019 East Center Street stating that he was l Spaying his taxes under protest on the East 46 feet of Lots 22 and 23, Block 2, D. P. Maddens Addition and Lot 11, Block 1, Thurbers 1st Subdivision because they were both located in residential districts but were being used for garages and business; he stated that he felt the Zoning Department should be checking and taking care of such situations, was read and ordered placed on file. Alderman Strain said he had received several telphone calls on this situation, the people had called the Police Department and the Zoning Department and still nothing had been done, there was still a business being conducted in a residential, district. Mr. Tom Moore, Planning Director said as far as the zoning is concerned this a non-conforming.use, but he said there was a condition of the oil running on to the trees, etc and said he thought this was more of.a civil case than a zoning one. Gerald Swanson, City Attorney, said he had been of this and had told the Zoning Inspector to contact him as soon as they get a call and they would go out and view it and see if it was a zoning violation or whether it was disturbing the peace and quiet of the community. A letter from Calvary Episcopal Church requesting reserving of parking spaces (immediately around the church building from time to time on Second Street and Third Avenue=;n was read and upon motion by Ludowese, and all present voting in favor, the _letter was [referred to the Public Safety Committee. The application of Ralph L. Waltman for an "on sale" liquor license at 322 South Broadway and the application of Charles Campbell for an "off sale" [liquor license were each read 1 0 1 u �i 0 1 s 1 r Record of Official Proceedings of the Common Council 415 of the City of Rochester, Minn., November 3, 1969 and ordered placed on file. - r A letter from the Public Utility Board requesting that the retirement of Mr. i Thomas R. Moore, Civil Engineer be postponed from October 31, 1969 to December 31, 1969 was I read. Also a letter from the Personnel Advisory Committee recommending that the retirement of Mr. Moore be postponed as requested was read. A motion was made by Cherland, second by ;! Postier, that the request be approved and the leave extended; all present voted in favor. 'I Alderman Ludowese said he had attended a meeting of the Public Utility Board in regard -to the proposed route of the 150,000 volt transmission line along the east side of Country Club Manor Addition; he said it could just as well go up the road to Quarve and Anderson Co. but the Board did not even consider the alternate route which would move the line quite a bit further from the residences; he said the cost would only be about $11,600 to do this and Quarve & Anderson had said they would allow it; on the present route there is still about 150 feet that they do not -have the easement for; Alderman Ludowese suggested that the Council adopt a resolution requesting the'»:Rubliej'.Utility Board to reconsider their action. A motion was made by Larson, second by Cherland, that.a joint meeting be set up for the Common Council and the Public Utility -Board for -Wednesday noon, November•5, 1969 at the Public Utility Office to discuss this problem; all present voted in favor. -Also a petition signed by 76 residents in Country Club Manor requesting that the alternate route be considered was read and ordered placed on file. -r A petition with 456 signatures requesting the Council to give favorable consideration of the passage of the proposed "Common Day of Rest" ordinance was read and I I ordered placed on file. The claim of damage to a Pontiac Stationwagon owned by Dr. J. F. Fairbairn, If at llth Avenue N.E. and Sierra Lane was read and upon motion by Ludowese, second by Strain, • I! and all present voting in favor, the claim was referred to the City Attorney. A letter from North Star Research and.Development Institute submitting a proposal for "A Study of*the Two -Way Radio Systems Operated by the City of Rochester, Minnesota" was read and upon motion by Cherland, second by Ludowese,-and all present voting in favor, the same was referred to the Finance Committee. A resolution adopted by the Public Utility Board requesting authoriziation to enter into a purchase order agreement with SM Supply Company for furnishing 1-1000 KVA Pad Mounted Transformer ($5,085.00) was read and upon motion by Larson, second. by Cherland, and present all/voting in favor, the resolution was approved. A resolution authorizing appropriation of $200,000 to the Rochester State Bank for purchase of Federal Intermediate Credit Bank Debentures and appropriating $200,000 to each of the four banks for the purchase of Certificates of Deposit, were read and upon motion by Postier, second by ludowese, and all present voting in favor, the resolutions were approved. A letter from Tom,Moore, Planning Director, stating that he had reviewed the I 'I 0 F'416 Record of Official Proceedings of the Common Council of the City of 'Rochester, Minn., November 3, 1969 • applications of Joseph Clemens and Dr. E. E. Gambill to have their.land placed in the Rural Service District and recommended approval, was read; upon motion by Postier, second by Strain, and all present voting in favor,'the City Attorney was.instructed to prepare the necessary -ordinance. The following applications and petitions were read and upon motion by Strain, (second by Postier, and all present voting in favor, the same were referred to the CityPlanning and Zoning Commission: 1. application of David Clayton for variance at 2031-18th St. N.W. 2. applications of H. C. Hoaglan for variance at 1358-1Oth Ave. S.E. 3. application of American Religious Town Hall, Inc. to amend the City's Land Use Plan 4. application of Paul Mross for conveyance of property by metes and bounds 5. request of Mayo Foundation to have certain lands in Sec. 12-106-14 placed in the Urban Rural -Service District 6. request of Joseph Clemens to have certain lands in SWk of Sec. 21-107-14 placed in the Urban Rural Service District 7. letter from Mrs. Walter Welch requesting that her name be withdrawn from the petition.to close 2nd Ave.. S.W. 8. letter from Mr. & Mrs. Ferdmen Johnson that their name be withdrawn from the.petition to close 2nd Ave..S.W. 9. application of Vogel Outdoor Advertising to place porta-panel advertising device in parking lot at Miracle Mile Shopping Center for the month of January, 1970 10. letter from Dr. Earl E. Gambill to have certain lands placed in the Urban Rural Service District 11. ,letter from G. R. Grieve to have cerain lands in Sec. 28-107-14 placed in the Urban Rural Service District A letter from Tom 0. Moore, Planning Director, that the following lands be (transferred from the Rural Service District to the Urban Service District, was read and upon (motion by Larson, second by Ludowese, and all present voting in favor, the City Attorney was instructed to prepare the necessary resolution: 1. Lands Platted: a. Valleyhigh Third Subdivision b. Manor Woods First Subdivision c. Country Club Manor Seventh Subdivision d. Folwell Heights Fifth Subdivision e. Meadow Park Seventh Subdivision f. Northern Hills First Subdivision g. Elton Hills East Fifth Subdivision 2: Unplatted Lands: a. Lands lying north of 16th Street S. W. and east of T. H. 52 (Apache Mall and Oakview Theater). The Mayor's reappointment of Franklin F.Borg of 900-18th Avenue' N. E. and Bernard Kirckof of 1058-19th Avenue N. E. as members of the Building Code Board of Appeals, term of office to be -for two years and expire November 1, 1971, was read. Upon motion by tier, second by Cherland, and all present voting in favor, the appointments were approved. Mayor Day said he thought the ordinance setting up'Urban Service Districts was being interpreted the way it was intended when adopted and recommended that this be given some study. Upon motion by Postier, second by Ludowese, and all present voting in favor, the tter was referred to the Planning & Zoning Commission for study: Mayor Day presented 182 Safe Drivers Awards to employees of the various departments of the City. Mr.Richard Kastler of the firm of Wallace, Holland, Kastler, Schmitz & Company 1 • 1 1 1J 1 0 Record of Official Proceedings of. the ' Common Council of the City of Rochester, Minn., November 3, 1969 1 • 1 1 is 1 and Mr. Kenneth Boyer of the same firm, were present and submitted the "Engineer's Preliminary Report on the Airport Sewer Study; they read the general information and reviewed the report. Copies were given to each Aldermen for study and it is already in the Public Works Committee so no action was taken. The recommendation of the Planning &.Zoning Commission stating that they had r.eviewedOthe land use plan and the.zoning along the east side of U. S. 63 from 16th Street S. E. to the 3rd Avenue S. E. intersection with U. S. 63 and west of lst Avenue S. E. from the M-1 District to the B-3 District and recommending that this change of zoning be granted approval, was.read; most of the established uses in this area are permitted in the existing M-1.District.with the exception of new motels and other residential uses, in recent months there have been inquiries made concerning the development of new motels and apartments in this area, under the M-1 Districting these uses are prohibited; the city's land use plan indicates this area as being suitable for industrial use and they felt the development of uses permitted in the B-3 District would be in keeping with the objectives of the land use plan:=andwould possibly encourage some desirable new development in this area. Mr. Art Swan, Attorney was present in behalf of Truck Service Company and recommended that consideration be given to both sides of Broadway from 16th to 21st Avenue, he said he thought it should bel considered now and not changed one side now and later change the other side to a different zone. Mrs. 0. L. McCloud of 1905 - 1st Ave. S.W., Mrs. Reva Thompson of the Starlite Motel,J . and Mr. Harold.Geerdes of 1916 - 3rd Avenue S. E. each spoke in opposition to the zone change. A motion was made by Cherland, second by Postier, that the recommendation of the Planning Zoning Commission be accepted and a hearing on the proposed zone change be set for 7:30 P.M.', on December 8, 1969; all present voted in favor. The recommendation of the.Planning & Zoning Commission that the petition to change the zoning districting on Lot 6, Block 21, Golden Hill Addition from.the R-1 Districts I to the.B-3 District be denied, was read (the City's Land Use Plan designates.this area as being best suited for residential use, the existing commercial development ends on 1st Avenue S.W. and the Commission feels this is a logical dividing line for the zoning districts ing). An analysis of the petition with 37 signatures opposing this zone change by the . Planning Department that the petition is valid and a change in the ordinance would take a 6/7ths vote was also read. A motion was made.by Strain, second by Ludowese, that the recommendation of the Planning & Zoning Commission be accepted and the zone change denied; all present voted in favor. The recommendation of the Planning and ;Zoning Commission that the zoning districting on all of Lot 1 and that part of Lot 7, Block 3, Golden Hill Addition lying West of U. S. 63 south from the B-lb District to the B-3 District be approved was read. A motion was made by Postier, second by Ludowese, that the recommendation be accepted and a hearing be set for 7:30 P. M. on December 8, 1969; all.present voted in favor. The recommendation of the Planning and Zoning Commission that the petition toj . change the zoning districting on property along the south side of -East Skyline Drive includ-i Record of Official Proceedings; of: the `Common Council of . the City of Rochester, M nii.,, November 3 , ,1969 ing a parcel of Grandview Memorial Gardens Cemetery property and part of the west 300..feet of the Perry property -from the R-1 District to the.=B=1b District be approved, was read.- A motion was made by Postier, second by Strain, that the 4ecommendation be accepted and a Ihearing be set for 7:30 P. M. on December 8, 1969; all present voted in favor. The -recommendation of -the Planning & Zoning Commission stating that they had reviewed the petition to vacate a part of 3rd Avenue N. W: adjoining Valhalla Park Site, a petition was filed about one year ago to vacatethe west side of this street but in order to have a legal petition the City of Rochester needs to enjoin in the petitionsince park property abuts this street on the east, this petition has been tabled for an extended period of time, an alternate route to the city land fill site has just been opened -on 4th Avenue-N.W. so this street is not needed, this proposal is in accord with the general plan for the development of Ithis area and based on these considerations they recommend that the City of Rochester enjoin in this petition so the street -can be vacated, was read. A motion was made by Postier, second by Larson, that the recommendation be accepted and the City Attorney instructed to prepare the necessary resolutions and papers. A motion was then made by Larson, second by Postier, that this be tabled indefinitely; all present voted in favor. Upon motion by Postier, second by Ludowese, and all present voting in favor, the meeting was adjourned until 7:30 P. M. The meeting was called -to order at 7:30 o'clock P. M. with the following members being present: President DeVries, Aldermen.Cherland,.Folkert, Larson, Ludowese, Postier, Strain. (Absent: None. the following: President DeVries stated this as being the time and place set for hearings on Hearing on Part I of Allendale.Improvements - sanitary sewer and water main on 27th Street N. W. from 18th Avenue N. W. to East Frontage Road T..H..52 and along the East frontage road T. H. 52-fronting Lots 13, 14, 15, 16,and 17 Allendale Subdivision. Mr. Dana Eisenman of 2626 T.H. 52 was present and said he had no objection to this project and he was willing for the City to go ahead with the -work but there was a little discrepacny•on the price this . of buying the land, he -said he was only offered.8e a sq. ft. which he did not think/was.enougW-. but he would go ahead and give permission to go ahead with -the job and work out the price later. David Wernecke, Purchasing Agent, said he has been dealing on this -right of -way and said basically they set three rates and in this case.because.of the lay of the -land, the elevation, and the draw through here it was devalued a little; they used 7e,.12e and 200" and in some cases, not involved here, they used higher than that; there are some 30,000 sq. ft. in his case and we used 12o; on.part of it and depreciated so we had 9C and then on the back of the lot 7C; he said they had appraisals on this and it was rechecked and worked back from the Assessors figures and the appraisal figures and used this as a basis and this was almost double from the appraisal value. Mrs. Bert Ballou of 2622 T. H. 52 was also present and said .she would not sign the easement but would sign to proceed with the work and.permit them to go ahead. Mrs::;__ Harold Brevig of.2812 T. H. 52 was present and said he was in favor of getting sewer and water. There was no one else present wishing to be heard. President DeVries declared the hearing 1 1 1 1 Record of Official Proceedings of the Common Council 41.9 of the City of Rochester, Minn., November 3, 1969 1 1 0 1 officially closed.- A motion was then made by Cherland; second by Postier, to proceed with the project and the City Attorney prepare the necessary agreement to be siged by Eisenman and Ballou-to-allow them to go ahead; all voted in favor. Hearing on sanitary.sewer extension and street construction in Hutchings 2nd Replat. Mr. George Kerr, Attorney for the petitioner was present and said they had no objection to the sanitary sewer -but did not think the street served this property and could see•no reason why a 6" water main is necessary to serve this property; he objected to the three lots being assessed for this project. There was no one else present wishing to be heard. President DeVries declared the said hearing officially closed. A motion was then made by Ludowese, second by Strain, to proceed with the project as planned; all voted in favor except Alderman Larson who voted "nay". Hearing on proposed assessment for street grading and surfacing, sanitary sewer, storm sewer, subsurface drains, water mains and service connections in 16th Street S. E. from llth Avenue S.•E.•to Golden Hill Industrial Addition. Mr. Dan Macken, Jr. was present in -behalf of the Resurrection Church and said they questioned the assessment against this property as -it does not border on their corner.• C. A, Armstrong, said that this area had been developed a piece at a time, the first was Mayo High•and the sewer was brought up here then and put across the street so it would not have to be torn up again when it was built,. -we had to put the sewer and water across some of the property to connect to the sewer in Meadow Park and that way make a connection, at the time of the first assessment they were not charged because they were not annexed but now in order to connect for them they had to add this additional even though it did not -abut their property. There was no one else preset wishing to be heard. President DeVries declared the hearing officially closed. A motion wasthen made by,;*Postier, second by Cherland, to proceed with the assessment; all voted in favor except Alderman Larson who•"abstained". Hearing on proposed assessment for sanitary sewer extension on the east side of llth Avenue S.E. abutting Church of the Resurrection Subdivision and water main extension from 16th Street to-16� Street S. E. and deferred assessment on account of construction of water tank and connecting trunkline for Low District of the S. E. Service Area. Mr. Dan Macken again spoke in behalf of the Resurrection Church and said he felt they were being assessed too much for the value they -received. There was no one else present wishing to be heard.- President DeVries declared the hearing officially closed. A motion was made by Cherland, second by Ludowese, to proceed with the project; all voted in favor except Aldermai Larson who "abstained". Hearing on proposed assessment for storm sewer, sanitary•sewer and water main', in 5th Avenue S. E. from 5th Street S. E. to 131 feet north; in 5th Street S. E. from 5th to 7th Ave. S.E.; in-6th Avenue S. E. from 6th Street S. E. north to Bear Creek; in 7th Avenue S. E. from 7th Street S. E.• north to 5th Street S. E.; and in•8th Avenue S.E. (water main only) from 6th to 5th Street S. E. Mr.Wayne Stillman of 514 - 7th Avenue•S. E. was present and said they had adequate sewer and water before Extendicare was built and did not think 17t Record of Official Proceedings of the Common Council of the City of Rochester, Minn., November 3, 1969 0 they should have to pay for this. C. A. Armstrong, City Engineer, said they were only being charged for the sewer and water main, that they did not have adequate mains in front of their house and now this gives them a standard sewer. There was no one else present wishing to be heard. President DeVries declared the hearing officially closed. A motion was made by Larson, second by Ludowese, to proceed with the assessment; all voted in favor. recess was decl�oredmootion by Cherland, second by Strain and all voting in favor a 5'minute at 9:12 P. M. Meeting called to order at 9:20 with all members present. Hearing on proposed change.of zoning districting on the property to the north and east of Holm & Olson Greenhouses on the N.E. corner of 7th Street and llth Avenue N. W. from the R-1 District to the R-3 District.. An analysis of the petition of protest signed by 33 residents in this area from the Planning Department stating that the petition is valid and would require a 6/7ths vote of the Common Council to approve the proposed change in zoning was also read. Mr. Herbert Holm,one of the petitioners, was present and said they could just not afford to pay the taxes on this property as it was andthat was why they.:wanted to build such a complex. Mr. Joe Weis showed slides of the proposed complex and explained where the buildings and parking areas. Dr. Thomas Ryan of 916 - 10th St..N.W.; Mr. David Shively of 912 - 10th St. N.W.; Mr. & Mrs. Roland Ftie of 919 - 9th.Avenue N.W.; Mr. land Mrs. Gordon Anderson of 911 - 9th Avenue N.W.; Mrs..James Jahn of 915 - 9th Avenue N.W. and Mr. William Best of 905 - 9th Avenue N. W. were each heard opposing this zone change; there was no one else present wishing to be heard. President DeVries declared the hearing officially closed. After further discussion a motion was made by Larson, second by Cherland, that the recommendation of the Planning & Zoning Commission,that this zone change be granted be accepted and the City Attorney be instructed to prepare the necessary ordinance; upon roll call Cherland, Folkert, Larson, Postier and Strain voting "aye" and Ludowese and DeVries voting "nay", the motion was carried. Hearing on proposed change of zoning on Lots 2, 3, 4 and that part of Lots 8, 9 and 10, Block 3, Golden Hill Addition lying West of U. S. 63 from B-lb to B-3 District. There was no one present wishing to be heard. President DeVries declared the hearing officially closed. Upon motion by Larson, second by Ludowese,.and all voting in favor, the City Attorney was instructed to prepare an ordinance making the reque§te4 zone change. . Hearing on proposed change of zoning on Lots 51, 53 and 57 North Sunny Slopes from B-1 District to R-Sa District. Efnest?Plomonodon,of:55i�Sky,line,Dtive_,was:=,pr`esent and urged that the zone change be approved. A petition with 21 signatures all favoring the zone chhnge was read and ordered placed on file. There was no one else present wishing to.be heard. President DeVries declared the hearing officially closed. Upon motion by Folkert, second by Ludowese, and all voting in favor, the City Attorney was instructed to prepare the necessary ordinance. Hearing on petition to vacate a portton.on east -west alley.in.Block 7, Highland Addition. There was no one present wishing to be heard. President DeVrie$ declared the hearing officially closed. Upon motion by Cherland, second by Folkert, and all voting in favor, the City.Attorney was instructed to prepare a,resolution vacating the said alley. 0 1 1 0 0 Record of Official Proceedings of tlie- Commori',Council of the City of Rochester, Minn., November 3, 1969 4 1 1 1 C� 1 ..;, Continued hearing on water main extension in East Frontage Road T. H. 52-14 from 11k Street S.W. to 14th Avenue S.W. (Olson Subdivision)and deferred assessments on account of: sanitary sewer on 6th Street 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.Avenue S.W.; 15th Avenue S.W.; 8th Street S. W. and along T. H. 52. .The recommendation of the Public Works Committee that this hearing be continued to November 17th was read and upon motion by Larso second by Cherland, and all voting in favor, the recommendation was approved and the hearint continued to November 17th. An Ordinance rezoning certain property and amending the Zoning Ordinance of the City of Rochester, Minnesota (property in NW'k Section 2-106-14 - Graham K-Mart) was given its third and final reading. Mr. Gerald Swanson, City Attorney, stated that the developer had submitted a contract and the paragraph that relates to costs and assessments to be.with the City Engineer's estimates bothered him and hethought this should be changed, Mr. Paul Moore, the petitioner, said he thought this could be worked out he would have his attorney meet with Mr. Swanson, he said he had agreed to the construction costs as submittec by the Public Works Committee, had agreed to pay 50% of the extension and had agreed to I dedicate 33 feet. Mr. Swanson and Mr. Moore met and discussed this and came to an agreeme and the contract would be retyped. A motion was then made by Postier, second by Cherland, that the ordinance be adopted as read and upon roll call Cherland, Folkert, Larson, Ludowese, Postier and Strain voting "aye" and DeVries voting "nay", President DeVries declared the said ordinance duly passed and adopted. The recommendation of the Planning & Zoning Commission that they had reviewed) the petition to close 2nd Avenue S.W. at 16th Street S.W. and the request of the Council to investigate the possibility of closing 3rd Avenue S.W. and 4th Avenue S.W. at 16th Street S.W. and find that the existing traffic volumes on 2nd, 3rd and 4th Avenues S. W. are in the range of 500 to 800 vehicles per day, these are rather low volumes and should not prove disruptive to the neighborhood and also find that if these streets were closed access to this area would be difficult for the residents and in particular the Fire Department and based on these findings recommend that the petition and proposal be denied, was read. Upon motion by Cherland, second by Folkert, and all voting in favor, the recommendation was approved and the requests denied. The recommendation of the Planning & Zoning Commission that the final plat of Elton Hills East Sixth Subdivision be granted approval was read. Upon motion by Folkert, second by Cherland, and all voting in favor, the recommendation was accepted and a hearing was set for 7:30 P. M. on November 17, 1969. The recommendation of the Planning & Zoning Commission that the application to vary the side yard requirement on Paragraph 21.04 of Ordinance No. 1296 as it applies the property located at 2031 - 18th Street N. W. be granted approval (the Commission is also considering an amendment to the Zoning Ordinance that would make exceptions in these kinds of cases) was read. Upon motion by Cherland, second by Ludowese, and all voting in rs :7 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., November 3, 1969 to 4 favor, the -recommendation was accepted and a hearing was set for 7:30 P. M. on November 17, 11969. The recommendation of the Planning and Zoning Commission that the application for approval of•a variance to allow a canopy at the Just Rite Super Market located at 211 - 6th Avenue S. W. be granted approval, was read. Upon•motion•by Ludowese,•second by Strain, -and all voting in favor, the recommendation was accepted and a hearing was set for 7:30 P. M. on November 17, 1969. The recommendation of the Planning and Zoning Commission that the application Ito vary the provisions of the Zoning Ordinance to permit a ground sign -to be erected on St. Mary's hospital property along 2nd Street S. W. be granted approval was read and upon motion by Postier, second by-Folkert, and all voting in favor, the recommendation was accepted and a hearing was set for 7:30 P. M. on November 17, 1969. The rec=mendation of the Planning and Zoning Commission that the application to vary the setback provisions of the Zoning Ordinance as they apply to a proposed garage as proposed at 712 - 8th Street S. E. be granted approval was read and upon motion by Folkert, second by Strain, and all voting in favor, the recommendation was accepted and a hearing was set for 7:30 P. M. on November 17, 1969. The recommendation of the Planning and Zoning Commission that they had ;reviewed the petition to vacate a 5 ft utility easement along the rear lot line of Lots 1-3, Block 21, Elton Hills Third Subdivision (Covenant Church on Elton Hills Drive N.W. and 13th Avenue N. W.) be granted approval was read and upon motion by Folkert, second by Cherland, and all voting in favor, the recommendation was accepted and the City Attorney was instructed to prepare a resolution ordering a hearing on the said vacation. The recommendation of the Public Safety Committee that the Minnesota Highway (Department be requested to make a speed study on North Broadway between 14th Street and 27th Street was read and upon motion by Cherland, second by Folkert, and all voting in favor the recommendation was accepted and the City Attorney instructed to prepare a resolution making the Irequest. The recommendation of the Public Works Committee that X1) they approve of the new name of "Rochester Committee on Urban Environment (known as Beautification Committee) and (2) that this Committee act as an advisory committee to the Planning and Zoning Board and that all City Departments be directed to notify the Planning Department of all impending activities and changes affecting the design, color, and placement of City owned properties, was read and upon motion by Strain, second by Postier, and all voting in favor, the recommendation was accepted and the City Attorney instructed to prepare the necessary ordinance. The recommendation of the Public Safety Committee that the bid of H & H Electric Company in the amount of $16,440.00 for furnishing a traffic actuated traffic signal system at 2nd Avenue S. E. and 2nd Street S. E. be accepted was read and upon motion by Postier, second by Folkert, and all voting in favor, the recommendation was approved. (Two bids were received and opened H & H Electric Company in the amount of $16,440.00 and Nietz I • I- I 0 1 0 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., November 3. 1969 1 • 1 1 L� 1 Electric and Appliance in the amount of $18,955.-00 - City Engineer's estimate $18,800.00). The recommendation of the Public Works Committee that the bid of Kasson Sewer & Water, Inc. in the amount of $37,225.90 for construction of Part I Allendale Improvements be accepted was read and upon motion by Folkert, second by Cherland, and all voting in favor, thi recommendation was approved. (Three bids had been received and opened earlier.- Kasson Sewer & Water, Inc. in the amount of $37,225.90; The Fraser Company in the amount of $41,902.50 and Riverside Sand & Gravel Company in the amount of $39,615.80 - City Engineer's estimate was $47,671.00). The review of the application requesting A waiver of the requirements of the subdivision ordinance to convey property by metes and bounds description in part of.Lots 1 and 2, Block 82 Moe & Olds Addition by the Planning Department and recommending that it be granted approval was read and upon motion by Strain, second by Postier, and all voting in favor, the same was approved. The Mayor's appointment of Herbert R. Maynard of 1011 - 12th Avenue N. E. and C. J. Porter of 1509 - 13th Avenue N. E. as members of the Heating, Ventilating and Air Conditioning, Board of Review, term of office to be for three years and expire November 1, 1972 was read and upon motion by Cherland, second by Postier, and all voting in favor, the reappointments were approved. The application of Stanley A. Watson for a General Refuse Collectors License was read and upon motion by Postier, second by.Folkert, and all voting in favor, the lieense was granted. , The applications for Journeyman Installer, Warm Air Heating Systems, Ventilati Systems and Air Cooling Systems of Gerhart Sawatsky, Richard Nemecheck, William Matejka, Steven Ray Lovhaug, Wailliam Gachne and Oswin H. Elker were each read and upon motion by Postier, second by Ludowese, the licenses were granted. Upon motion by Folkert, second by Cherland, and all voting in favor, the semi- monthly bills in the amount of $437,182.30 , list attached, were approved. The contract bond of C. M. Boutelle & Sons, Inc. in the amount of $4,245.20 with Capitol Indemnity Corporation as surety was read and upon motion by Postier, second by Larson, and all voting in favor, the same was referred to the Mayor for approval. 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 Folkert, second by Larsonl, that the said resolutions as follows be adopted and all voting in favor, the said resolutions were duly passed and adopted: Resolution adopting assessment roll for storm sewer, sanitary sewer, and water main in 5th Avenue S. E. from 5th Street S. E. to 131 feet north;.in 5th Street S. E. from 5th to 7th Avenue S. E.; in 6th Avenue S. E. from 6th Street S. E. north to Bear Creek; in 7th Avenue S. E. from 7th Street S. E. north to 5th Street S. E.; and in 8th Ave. S. E. (water main only) from.6th to 5th Street S. E. Is Resolution adopting assessment for sanitary sewer extension on the east side ofl F'424 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., November 3, 1969 • llth Avenue S. E. abutting Church of the Resurrection Subdivision and water main extension from 16th Street to 16k Street S.. E. and deferred assessment on account of construction of water tank and connecting trunkline for Low District of•the S. E. Service Area. . the year 1969. Resolution.levying assessments.for sidewalks constructed and rebuilt during Resolution adopting assessment for street grading and surfacing, sanitary sewer, storm sewer, subsurface drains, water mains and service connections in 16th Street S. E. from llth Avenue S. E. to Golden Hill Industrial Addition. Resolution authorizing conveyance by metes and bounds - part of Lot 1, Block 82, Moe & Olds Addition. Resolution approving appropriation of $200,000.00 to each of the four banks in the City of Rochester for purchase of Certificates of Deposit for Electric Department Depreciation Reserve. five patrol cars. Resolution instructing City Clerk to advertise for bids for furnishing Resolution approving plans and specifications and ordering bids for the sanitary sewer extensions and street construction in Hutching's Second Replat. Resolution accepting bid of H fg H Electric Company for furnishing traffic actuated traffic signal system at 2nd Avenue and 2nd Street S. E. Resolution accepting bid of Kasson Sewer & Water, Inc. for Part I of Allendale Improvements. A motion was made by Postier, second by Larson, to extend the date of the first meeting in December from December 1, 1969 to December 8, 1969; all voted in favor. An Ordinance relating to taxicab service; increasing the rates therefor; and amending the Rochester Code of Ordinance, Section 157.130 was given its first reading. Upon motion by Ludowese, second by Folkert, and upon roll call and all voting in favor, the rules were suspended and the ordinance was given its•second reading. Upon motion by Folkert, second by Ludowese, and upon roll call and all voting in favor, the rules were suspended and the ordinance was given its third and final reading. A motion was then made by Strain, second by Folkert, that the said ordinance be adopted as read and all voting in favor, President DeVries declared the said ordinance duly passed and adopted. A resolution granting a variance at,1010 15th Avenue S. E. for enlargement of an existing garage into a double garage. Upon motion by Strain, second by by Folkert, and all voting in favor except President DeVries who voted "nay" resolution adopted. Resolution amending the Parking resolution as follows and upon motion byPostier, second by Cherland, and all voting in favor, resolution adopted: , "Section B. No Parking Zones, Streets, is hereby amended by adding thereto paragraph (216.5) so as.to,read in its entirey as follows: (216.5) 16th Street Southeast on both sides of the street between Apache Drive and U. S. Highway No. 52 and Apache Drive on both sides of the street between U. S. Highway No. 14-52 and 16th Street Southeast, at all times. 1 • 0 1 •