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HomeMy WebLinkAbout04-06-1970528 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., April 6, 1970 • Minutes of the Annual Meeting of the Common Council of the City of:Rochester, Minnesota, held in the Council Chambers in the City Hall, in said City, on April 6, 1970. President Postier called the meeting to order at 2.:00 o'clock P. M., the -following members being present: President Postier, Aldermen Cherland, Larson, Ludowese, McNary, Strain, Willmarth. Absent: None. President Postier then gave the following address: Honorable Mayor, Members of the Council and Citizens of Rochester. May I first take this opportunity to congratulate and welcome the two new members of the Council, Mr;.James McNary representing the Second Ward and Mr. Robert Willmarth representing the Fourth Ward.. On behalf of all the citizens of Rochester I wish to express appreciation and gratitude to the two members who are leaving the Council. Dutch DeVries and Vince Folkert have, without question, distinguished themselves in serving their community. Time would not permit a review of their many contributions. However, special note should be made of Mr. DeVries for his leadership and relentless effort in bringing about an effective plan of flood control for the City of Rochester. All of us who have had the opportunity to serve with Mr. Folkert would especially acclaim his many contributions in the area of city finance. His able handling of complex problems of finance, is in great measure.responsible for adopted policies of fiscal responsibility. The City is indeed indebted to Mr. DeVries and Mr. Folkert. Looking to the coming year we can readily.see that several of the major problems of the new Council involve issues that have already been subject to much discussion. Rather than attempt to enumerate all of these problems, I will mention one which I believe to have foremost, or be of foremost importance. That problem is the rapid increase in public expenditure and its direct effect on property taxes. This is without question a difficult and complex problem, but it is the most important, because it seriously affects the ability of city government to responsibly meet the needs of this growing community. Although most people may agree that expenditures should be reduced, it is quite a different matter in agreeing as to what services should be reduced. The practical solution to cut expenditures may very well be prevented because of politicial pressures and special interests. Another consideration in approaching the problem is the need for wiser expenditures and greater operating efficiency, but at the same time supporting services that are necessary for the City's good will and growth. I see no conflict in this consideration. Every activity of city government should be under regular and continuous scrutiny, in an effort to discover how performances can be improved and costs reduced. We have held the tax line for the past three years, and with your help, will do the same over the next two years. Required also, is study and discussion as to what are the expenditure needs over the foreseeable future, and more critically what needs can we afford. Here again, searching judgement will be required to determine what the citizens want on the one hadd, and what they are able to pay for on the other. In contrast to the expenditure considerations, there is need for continued attention to additional or new sources of revenue. The projected increases in school age population make it inevitable that the City's share of the tax dollar will continue to get smaller and smaller. This matter will require close communication with our Legislators in the months ahead. It also will require continuous evaluation:of our present sources of revenue, such as user fees or service charges. It may be said that Rochester is not alone with problems of financing municipal services. That is little comfort, however, and is no justification for sitting idly by. Rather it should be the challenge to discover methods and means to resolve the problem. I have mentioned only one problem among many that will face the Council. As the City grows, the solutions to its problems will become more complex and will make greater demands on your time. To this extent I would urge that the Council and its standing committees concern themselves more with the development of policy than with administrative matters. Department heads should be encouraged and required to make administrative decisions and to submit well studied recommendations. We do have a competent administrative staff and their abilities should be utilized to the fullest. I thank you for your kind attention. A resolution adopting Roberts Rules of Order, Revised as rules for conduct of business during the official year commencing April 1, 1970 was read. Upon motion by Cherland, second by Ludowese, and all voting in favor,.the resolution was adopted. • E 1 0 Record of Official Proceedings of thb'CbLYiinbn Council 529 of the City of Rochester, Minn., April 6, 1970 I,, 1 I • 1 A resolution adopting the following rules and regulations for the order of business of the Common -Council was, read and upon motion by Ludow,ese, second by Strain, and all voting in favor, the resolution was adopted: 1. Roll Call. The roll call of the Common Council shall be had and taken II in its alphabetical order according to the names of the members, except that the name of the President of the Common Council shall be called first at the first roll call of each meeting and then after that at that meeting, his name shall be called and vote taken after the expression of each of the other members of the said Common Council. 2. Reading and approval of the minutes of the preceding meeting. 3. At the first meeting, the appointment of officers and committees. 4. Public Hearings. 5. Reading of petitions and communications. 6. Reports of Committees. All reports of committees shall hereafter be made in writing, unless ordered otherwise by the said Common Council. 7. Unfinished business. i 8. Resolutions and Bills. 9. Ordinances. I' i 10. New business from Council Members. 11. Adjournment. A resolution establishing standing committees and functions as follows was read and upon motion by Strain, second by Ludowese, and all voting in favor, the resolution wasl adopted: Section 1. Standing Committees Established. The following permanent standing committees of the Common Council of the City of Rochester are hereby established: A. Finance Committee. B. Public Works Committee. C. Public Safety Committee. Section 2. Committee Functions. The foregoing standing committees shall consider such matters and perform such functions and duties as are referred or assigned to them by the Common Council or by the -President of the Common Council. The general jurisdiction of each -'standing committee is as follows: A: Finance Committee B. Public Works Committee 1. Finance 1. Streets & Alleys 2. Budgeting 2. Sewers-sanitary.and storm 3. Personnel 3. Water mains & towers 4. Investments 4. Building -Codes and Inspection 5. City Hall 5. Special Assessments 6. Library (a) Feasibi,ity report 7. Insurance (b) Award Contract 8. Taxes 6. Planning and Zoning 9. Purchasing 7. Annexations 10. Miscellaneous 8. Lighting 11. Special Assessments (a) Calculation of Costs 9. Public Utilities (b) Preparation and adoption •10.• Public Grounds of Assessment Roll. C. Public Safety Committee 1. Police Department and Protection 2. Fire Department acid Protection 3. Traffic Control and Parking 4. Licenses 5. Public Safety 6. Playgrounds and Parks J. Health Department 8. Recreation 9. Music Department 10. Civil Defense Section 3. Each committee shall be composed of not less than three members who shall be appointed by the President of the Common Council at the beginning of each official year. In making appointments to -the several committees, the President shall also designate which member shall be the Chairman of the Committee. Section 4. All prior standing committees of the Common Council are hereby dissolved and all matters referred -to those committees are hereby reassigned to the new standing committee. - The following appointments by President Postier were -then read and upon motion by Cherland, second by Larson, and all voting -in favor, the appointments were approved: 0 530 Record of Official Proceedings of the ' Common Council of the City of Rochester, Minn., April ,6; 1970 • Finance Committee Public Works Committee Darrell Strain, Chairman Paul Ludowese, Chairman BruceCherland, Darrell.Strain James McNary Robert Willmarth Ex Officio: Day, Postier, Andre, Swanson,.Reiter, Moline and Haas Public Safety Committee Robert Larson, Chairman Paul Ludowese Robert Willmarth -Ex Officio: Day, Postier, Andre; Macken, Mertz, Taylor, Cannelos and Swanson. Personnel Advisory Committee Bruce Cherland, Chairman. Robert Larson James McNary Ex Officio: Andre and Haas. Ex-Officio: Day., Postier, Armstrong, Andre, Moore, Moe, Marek, Brennan, Koskovich and Swanson Council Liaison: Parking and Traffic Committee - Darrell Stain Board of Equalization Robert Larson James McNary Robert Willmarth Fire Civil Service Commission Robert Domaille The following address was then given by Mayor Day: Mr. President and Members of the Common Counc4l. Last year, as you remember, I said, "We had a big job ahead of us; that we were going to have to work hard; that our.problems were many; our city employees, espegially.our department heads, would be pressed even harder than in the past." You and Department Heads have met that challenge.: At this time it would be glqite proper to take a.look at the problems ahead of us.this coming year. However, the problems appear endless, so, instead, today I would.like to briefly review.some of the things that we .have accomplished this past year and a few of the issues that.are still unresolved. We made a study in depth:of the administrative system, trying to streamline this function. We are attempting to clerify the policy and administrative responsibilities. During the past year the location for -the new landfill site was a time consuming problem. It now appearsthat the site north of town will be developed this year. After years with no fire protection at the Rochester Municipal Airport, you initiated, and we now have a fire and crash truck. You have commenced a study for a master sewer and water plan for our fringe areas which will soon be completed. We asked for more revenue this year from the Utility Department and increased that amount to $660,d00. It appears at this time this same request for utility revenue will again have to be made. After 14 years in planning, we opened Highway 52 to 63, a connecting link w hich was so badly needed. Alderman Folkert led the way for the passage of the pension bills in the State Legislature. It now appears that we have completed some long-range flood plans that we should be able to put into effect within 12 to 24 hours notice. You proceeded with the clearance of the Norton Hotel site and made way for additional parking. After several years in planning, it now appears that improvements in the Allendale Subdivision will be completed this year. We constructed more sidewalks last.year than have been constructed in previous years. The Council was involved in many problems relative to the Sheraton Hotel and Apache Mall Shopping Center. Both of these developments are now in operation and are certainly valuable and beautiful assets to our community. Underway, for the first time, is a city-wide clean-up program. Also, during the year we issued identification cards to all city employees whose duties required regular citizens contact. A Narcotics Division was established in the Police Department to investigate and assist those with a drug problem. We set up two committees aimed at assisting the youth in our City-- the Mayor's Youth Activities Committee and the Youth Employment Committee. One of the major steps, I feel, this year was the purchase of the railroad property for future parking, and especially the payment plan that you worked out, whereby the parking meter revenues will actually improve the downtown parking problem. • is 1 40 Record of Official Proceedings of the Common Council 531 of the City of Rochester, Minn., April 6, 1970 Yes, and the probelm with the bookstore and the army worms, library site, utility employee walk -out, Sunday selling, blue water tower,'the ambulance problem, K=Mart, One-way streets, re-evaluation, rural fire protection; all made for good conversation on the street, but areas that took hours and hours of your time to try and develop sound decisions. .We started out last April, talking about rising property taxes. We studied the problem as a group, we then passed it on to our Finance Committee, we then went into our budget sessions, at which time we asked all of our departments to cut expenses.as much as possible. This they did and we will have to ask for their cooperation again I this year. All citizens should be invited to attend our budget sessions. II I feel with the cutback in sidewalk construction and other local improvements I mentioned earlier, the possibility of not replacing the sidewalk inspector this year. ;((' I also feel that with the tax situation like it is, that we could possibly get by 11 without the City Scales. I also feel confident that either a Sheriff's Deputy or an assistant to the Chief of Police.could handle the suties of the Civil Defense Department. There are several other areas that we will have to look toward to help hold the • property taxes down._ I am very proud of our city employees and have appreciated the fine cooperation I have received from all the department heads ---and you men on the Council. At this time I would like to welcome the two new members to the Council, Jim McNary and Bob Willmarth and thak Dutch DeVries and Vince Folkert for their unselfish and untiring public service to their community. I shall continue to pledge cooperation between the Mayor's office and the Council. Thank you. i Mr. Harold DeVries of 611 - 13th Avenue S. E. thanked the Mayor and Council i for working with him in the past years and also thanked the department heads and citizens I` of Rochester for their support given to him; he presented a gavel to President Postier. I� Mr. Vincent Folkert of 932 - 11k Street S. W. also thanked the Mayor and I' Council for the help given him in the past four.years, he said they haddisagreements but as" 1� a body moved forward in many, many areas; he also thanked the department heads and employees for their help and encouragement in the past four years and said he felt that we have an excellent staff and should be thankful for this. The reappointments of the following by Mayor Dewey Day were each read and upol` motion by Cherland, second by Ludowese, and all voting in favor, the said reappointments were confirmed: 1. Stanley F. Drips of 1518 Ninth Street N. E. as a member of the Parking & Traffic Committee - term of office for three years and expires April 1, 1973. 2. Michael J.-Fogarty of 922 Seventh Avenue S. E. as a member of the Parking & Traffic Committee - term of office for three years and expires April 1, 1973. 3. LeRoy H. Borland of 101 Sixth Street N. W. as a member of the Parking & Traffic Committee - term of office for three years and expires April 1, 1973. 4. Dr. James E. Trost of 1112 Second Street N.W. as a member of the Police Civil Service Commission - term of office for three years and expires_.April 1, 1973. 5. Roger R. Cresswell of 703 14th Avenue N. E. as a member of the Public'Utility Board - term of office for two years and expires April 1, 1972.. • 6. David G. Roesler of 1345 20th Street N. W. as a member of the Public Utility Board - term of office for two years and expires April 1, 1972. 7. Dr. David L. Hoffman of 831 10k Street S.W. as a member of the Board of'Park Commissioners from 2nd Ward - term of office for two years and expires April 1, 1972. 8. Emerson L. Eastman of 517 Eleventh Ave.S.E. as a member of the Board of Park Commissioners from 4th Ward - term of office for two years and expires April 1, 1972.. 9. Robert A. Fick of'2502 19th Avenue N. W. as a member of the Board of Park Commissioners from 6th Ward - term of office for two years and expires April 1, 1972. 10. Mrs. Marian E. McQuillan of 712 Eighth Avenue N.W. as secretary in the Mayor's Office for the fiscal year 1970-1971. The applications for re -appointment for the official year 1970-1971 of the following were each read and upon motion by Cherland, second by Strain, and all voting in favor, the appointments were approved: 1. Administrative Assistant - James F. Andre 2. City Engineer - C. A. Armstrong 3. City Clerk - Elfreda Reiter 4. City Planning Director - Tom 0. Moore !� 5. City Attorney - Gerald Swanson .I 532 Record of Official Proceedings of the Common Council of the City of -Rochester, Minn., April .6i 1970 • 6. 'Personnel Director - J. C. Haas 7. Director of Finance -Treasurer - Edward J. Moline 8. Fire Warden - Orville Mertz 9. Director of Building and Safety - Jerome E. Koskovitch 10. City Painters - Warren Folkert and Kenneth Boege 11. City Weighmaster - Art Towey 12. City Poundmaster and Assistant - Robert Blakely and Alfred Heyn 13. City Hall Custodians - Robert Ludescher and Ellis Jensen 14. Maintenance Men In Parking Meter Division - Joseph Healey and Edwin Winter and John Murphy 15. Secretaries in Police Department - Doris Mount, Darlene Wentworth, Diane Castallano, Darlene Raaen and Norma Shampo 16. Personnel in Municipal Court - Lois Nelson, Clerk of Court; Ralph Ellingwood, Director -of Traffic Bureau;•Mrs. Wilma Polk Asst. Director of Traffic Bureau; Jean Knutson, Carol Mahon, Pauline Veer and Kristine Strom as Deputy Clerks. • The proposal of the Rochester Post Bulletin to publish the official printing and advertising for the City of Rochester for the year commending April 1, 1970 in the Rochester Post Bulletin, a legal newspaper published at Rochester, Minnesota, at the rate established by statutes of the State of Minnesota for legal publications, was read and upon motion by Larson, second by Strain, and all voting in favor, the same was accepted.- Upon motion by Ludowese, second by Strain, and all voting in favor, the minutes of the'meeting of March 16, 1970 were approved. A notice of appeal of commissioners award on condemnation of Parts of Lots 13 and 14, Allendale Subdivision for street purposes - Parcel No. 3, Esther Ballou - was read and upon motion by Cherland, second by Ludowese, and all voting in favor, the notice was referred to the City Attorney. A notice of appeal of commissioners award on condemnation of parts of Lots 13 and 14, Allendale Subdivision for street purposes - Parcel No. 5, Dana W. Eisenman and Helen M. Eisenman - was read and upon motion by Cherland, second by Ludowese, and all voting in favor, the notice was referred to the City Attorney. A letter from the Personnel Advisory Committee that as"of 1-1-70,.nine employees in the Utility Department had overtime hours in excess of the 40 flours they are permitted to carry over without approval, because of the nature of their work, they were unable to use these excesses by 12-31-69 and the superintendent requests that this time be extended to 9-1-70 and recommending that this request be approved, was read. Upon motion by Cherland, second by Strain, and'all voting in favor, the request was approved. A letter signed by C. A. Armstrong, City Engineer recommending appointment of Harold DeVries to the position of Sidewalk Supervisor at Step A of Grade 8, was read ( a°note from J. C. Haas that he concurs in this recommendation was attached). Upon motion by Larson, second by Strain, and all voting in favor, the recommendation was approved and the appointment was confirmed. A letter from Johnson, Drake and Piper, Inc. requesting that a contract be prepared to permit them to be their own contractor for the sanitary sewer, water mains, sewer and water service connections, etc. on 1st Place N. W. from 37th Ave. N. W. to Manor Woods Drive and san. sewer, water mains and service connections from intersection of Manor Woods Drive and 1st Place N. W. to the south cul-de-sac, was read and upon motion by Larson, second by Strain, and all voting in favor, the letter was referred to the Public Works Committee. jl • Record of Official Proceedings of the Common Council of the City of Rochester, Minn., April 6, 1970 ow o33 1 • LJ 0 A letter from the Berean Fundamental Church, owners of the west one-half of Lot 20, Allendale Subdivision requesting that the City extend the sewer and water service from its present termination on 20th Ave. N.W. far enough to serve this property and that sanitary sewer not be extended along the west side of this property as there will be no future need for it, was'read and upon motion by Larson, second by Strain, and all voting in favor, the letter was referred to the Public Works Committee. A letter'from Riverside Sand & Gravel Co. re improvements to Northern Hills 1st 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 letter signed by Lyle Woolley and Lowell Penz requesting that utilities be designed for Northgate 8th Subdivision was read and upon motion by Cherland, second by Larson, and all voting in favor, the letter was referred to the Public Works Committee. The application for plat approval of Northgate 8th Subdivision and the application for variance at 308, 312, 316 3rd Avenue N. W. were each read and upon motion by Strain, second by Ludowese, and all voting -in favor, the applications were referred to the Planning and Zoning Commission. A letter signed by Robert E. VanScoy, M. D. re parking on the west side of Second Avenue S. W. between 2nd and 1st Street S. W. along the east side of the Mayo building was read and upon motion by Cherland, second by Strain, and all voting in favor, the letter was referred to the Public Safety Committee. The application of Bernie Lusk for an "off sale" liquor license was read and the same was ordered placed on file. A resolution adopted by the Public Utility Board that the East 'k of Block 48 and the Westk of Block 47, Morse & Sargents Addition together with the vacated street between (323 4th St. S.E.) be leased for 12 months commencing 4-1-70 through 3-31-71 to the United States of America for the use of the U. S. Army National Guard and that the Mayor and City Clerk be directed to execute the said agreement, was read. Upon motion by Strain, second by Cherland, and all voting in favor; the same was approved. The claim of injury of Mildred Odegaard of Brookings, South Dakota who stumbled on an obstruction above the sidewalk and the claim of damage of property signed by Frederick Schuster on property at 112 South Broadway caused by hanging of banners across South Broadway, were each read and upon motion by Strain, second by Cherland, and all voting in favor,,the•claims were referred to the City Attorney. A request from Alderman Robert Larson that the Park Board and the Urban Environment Committee study the possibility of developing a bike -way along streams flowing through Rochester was read and upon motion by Larson, second by Cheriand, and all voting in favor, the same was referred to the Park Board. . The request of Vogel Outdoor Advertising for an extension on their permissions to use their porta-panel on the southeast beltline an additional thirty days was read and upon] motion by Larson, second by Strain, and all voting in favor, the request was referred to the 534 Record of Official Proceedings of the ' Common Council of the City of Rochester, Minn., April 6, 1970 • Planning &Zoning Commission and to the Public Safety Committee. A notice from the Municipal Commission of the State of Minnesota in the matter of the petition of certain property owners in Marion Township for the annexation of certain lands to the City of Rochester, that a hearing would be held at 10:00 o'clock A. M. on the 13th day of May, 1970.in the Auditorium of the Olmsted County Court House was read and ordered placea on rile. The recommendation of the Finance Committee that the assignment of committees on supervision of special assessment projects be (1) Public -Works Committee - determination of projects and feasibility reports and award contracts and (2) Finance Committee - calculation of costs and preparation and adoption of assessment roll, was read and 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 Finance Committee that a policy on charging interest on financing provided for special assessment construction projects was read and upon motion by Strain, 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.Planning-& Zoning Commission that the application to vary the. rear yard provision of the Zoning Ordinance as it applies to the property at 2635 - 12th Avenue N. W. be approved and that a 12' x 22' addition be allowed to be constructed onto the rear of the existing house, was read. Upon motion.by Cherland, second by Ludowese,.and all voting in favor, the recommendation was accepted and a hearing was set for 7:30 P. M. on May 4, 1970. The recommendation of the Planning &Zoning Commission that the final plat of Northwood Third Addition be granted approval was read -and upon motion by Larson, second by Strain,.and all voting in favor, the.recommendation was accepted and a hearing was set for 7:30 R.M. on April 20, 1970. The recommendation of the Planning & Zoning Commission that the petition to change the zoning districting on the property located at 1533 2nd.Avenue N. E. from the R-3 District to.the B-lb District be granted approval was read and upon motion by Larson, second by Strain, and all voting in favor, the recommendation was accepted and a hearing was set for 7:30 P. M. on May 4, 1970.. The recommendation of the Planning & Zoning Commission that the petition to annex the Baihly property located north of 16th Street S. W. and West of U. S. 52 to C.S.A.H No. 8 be granted approval was read and upon motion by Larson, second by Strain, and all voting in favor, the recommendation was.accepted and the City Attorney was instructed to prepare an ordinance annexing the said.land. The recommendation of the Planning & Zoning Commission that they had considered the application to amend the land use plan as,it affects property lying.west of U. S. 52 South of C.S.A.H NO 8 and�the.Zumbro River to:designate this area as being suited for commercial, multi- 1 • 1 1 �J EI family and recreation areas and recommend that this application be granted approval, was read. 0 Record of Official Proceedings of the Common Council 535 of the City of Rochester, Minn., April 6, 1970 L 1 1 0 1 Upon motion by Larson, second by Strain, and all voting in favor, the recommendation was accepted and a hearing was set for 7:30 P. M. on May 4, 1970. The recommendation of the Planning & Zoning Commission that they'had considered the application to vary the lot coverage and the floor area requirements of the Zoning Ordinance as it applies to the property at 417 and'419 6th Street S.W. and recommend that this variance be denied, was read (the structure located on the property is built to the maximum floor area ratio and lot area coverage as permitted in the R-4,bistrict, the applicant can convert an existing apartment unit into an office as -a conditional use in thell R-4 District to provide the needed space). Upon motion by Strain, second by'Ludowese, and all voting in favor, the recommendation was accepted and the variance denied. The recommendation of the Planning & Zoning Commission that the petition to annex the R. Conway property located west of the Longfellow School be granted approval was read. Upon motion by Larson, second by Cherland, and all voting in favor, the recommendation �i was approved and'the City Attorney was instructed to prepare the necessary ordinance. - The recommendation of the Planning & Zoning Commission that the Common Council !i adopt the combination of plan A-3 and.B-2 as the general traffic plan for the central area was read. A-3 One Way North (this route would diverge from Bdwy just north of the 6th St. �! South intersection and cross the Zumbro River and the main track of the Chicago Great West Railroad in a northeasterly -direction, then the route -continues northward, paralleling the railroad tracks, across the river again, and connect into existing lst Ave. East of 2nd Street South, the route then continues along 1st Ave. S. E. to East Center Street). B-2 One Way South (this utilizes Bdwy as a two-way route from 6th Street North to the north' Bdwy bridge, the-southbound traffic diverts from Bdwy at 6th St: North and ties into existing 1st Avenue West at 5th Street north, southbound traffic continues along First Avenue West to Center Street, the -northbound traffic utilizes -1st Avenue East from Center Street to 5th Street North,then curves northwest to connect into Bdwy at 6th Street -North). Alderman Larson said that he felt B-1 still' had a lot of merit (this would extend northbound of the one-way system to the Silver lake Bridge and the southbound one-way would use Broadway from the bridge to 6th Street N.W.) and moved that the motion be amended to approve A-3 and B-1; his motion was lost for want of a second. Upon motion by Ludowese, e second by Cherland, and all voting in favor except -Alderman Larson who voted "nay", the recommendation'was accepted.- A motion was then made by Larson, second by Ludowese, and all voting in favor, that a public hearing be held on the one-way'paier on May 18, 1970 at 7:30 P.-M. Upon motion by Strain, second by Cherland; and all voting in favor, the meeting was r•.ecessed at 3:00 P. M.- The meeting was called to order again at 3:20 P. M. with all members being present. The recommendation of the Public -Safety Committee that the following amendments to the Parking -resolution be approved, was read and upon motion by Ludowese, second by • J 5 3 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., April 6, 1970. • Cherland, and all voting in favor, the recommendation was approved and the City Attorney was instructed to prepare the necessary resolution: 1. That Subsection 217, Section b, No Parking Zones, protb iting parking on both sides of 16th St. SE between 3rd and 5th Ave be amended to prohibit parking on both sides of 16th St. SE between 3rd and 6th Avenue. 2. That Subsection 179, Section B, No Parking Zones be amended to prohibit parking on llth Ave NE on the east side of the street from Center Street to 1st NE (existing resolution now reads on llth Ave NE on east side of street from Center Street to alley north thereof, a distance of 145 feet). 3. Thay Subsections 188, Section B, No Parking Zones, be amended to prohibit parking on llth Avenue SE on east side of street from East Center Street to a point 230 feet, more or less, south of East Center Street (existing resolution now removes parking on east side of street from Center Street to 110 feet more or less south of Center Street). 4. Passenger Loading Zones be established on 1st Street NW on the north side of the street from a point 50 feet more or less west of Broadway to • Broadway (requested by Mr. Willard Holkestad for wheel chair patients on 1st Street entrance to Rochester Orthopedic Appliances, Inc.) 5. Passenger Loading Zone to be established on lst Avenue SE on the east side of the street from a point 50 feet more or less south of East Center Street to East Center Street (requested by Mr. Raymond E. Schliesman of Beckley's) The recommendation of the Public Safety Committee that the following be added to the truck routes (1) 37th St. NW from US Highway 63 to US Highway 52 (2) 7th Street NW from Valleyhigh Drive to Highway 14 West or service drive connection to Highway 14 West and (3) Valley High Drive NW from 7th to 19th Street and that the following be removed from existing .(1) 3rd Avenue NW from 14th Street North to the City limits and (2) 13th Street NW from Broadway to 3rd Avenue, was read and upon motion by Larson, second by Strain, and all voting in favor, the recommendation was accepted and the City Attorney instructed to prepare a resolution. The recommendation of the Public Safety Committee that the bid of.General Safety . Corp. for furnishing one 1250 GPM Pumper Truck.for the Rochester Fire Department in the amount of $35,307.00 be accepted, was read and upon motion by Strain, second by Larson, and all voting in favor, the recommendation was approved. The recommendation of the Public Works Committee that State Aid Street No. 117 - 9k Street SE from Broadway to 3rd Avenue SE (0.20 miles) be revoked asa StateAid Street and that State Aid Street No. 117 - 9th Street S.E. from Broadway to 3rd Avenue SE (0.20miles) be designated as a.State Aid Street, was read and upon motion by Cherland, second by Strain, and all voting in favor, the recommendation was accepted and the City Attorney instructed to prepare a resolution. A letter from the City Engineer that the Council initiate at the earliest possible date condemnation proceedings to acquire the necessary street right-of-way and utility easements for the Allendale local improvement project and that the Purchasing Officer continue to acquire by negotiated purchase whatever parcels he can negotiate successfully and these parcels would then be removed from the condemnation proceedings was read together with.the recommendation of the Public Works Committee to proceed accordingly. Upon motion by .Cherland, second by Ludowese, and all voting in favor, the recommendation was accepted and the City Attorney instructed to prepare a resolution for condemantion if necessary. The recommendation of the Public Works Committee that a local improvement -project be initiated by the Council without petition for Part II of Allendale Improvements (6502-70 • Record of Official Proceedings of the Common Council .53 .! of the City of Rochester, Minn., April 6, 1970 i 1 1 Part II) was read and upon motion by Cherland, second by Ludowese, and all voting in favor, II the recommendation was approved. The feasibility report of the City Engineer recommending construction of Part II of Allendale Improvements, estimated costs $562,300.00 was read together with the recommendation of the Public Works Committee that the project be constructed with the costs to be assessed against the property served and abutting. Upon motion by Cherland, second by Larson, and all voting in favor, the recommendation was approved and the City Clerk was instructed to prepare a resolution ordering a hearing. -The recommendation of the Public Works Committee stating that after conferring with the City Engineer, they feel that the City could extend sewer service to the area requested by Brown & Bins in a letter dated 3-9-70 (approximately 50 acres of land lying in Marion Township the Parkside Trailer Court, the Parkside Shopping Center and the Turkey Farm)within a year after the effective date of annexation provided a construction project was authorized by the City Council without delay following annexation; it must be recognizec that actual approval of a project'of this nature will require affirmative action by the Cit} Council at the time following a feasibility report and a hearing; they further recommend that the City Council, as an expression of its interntion, authorize at'this time, a survey cost estimate, and feasibility report be -made by the City Engineer for extension of sanitar) sewer and water service to this area and that the Council notify Marion Township of its action on this recommendation, was read. Upon motion by Cherland, second by Larson, and all.voting in favor, the recommendation was approved. A motion was then made by Larson, second by Ludowese, that a survey, estimate of cost and feasibility report be made by the City Engineer as soon as possible; all voted in favor. The recommendation of the Public Works Committee that -the Minnesota Plumbing Code, Chapter 13 of the Minnesota Health Department Rules and Regulations.and its proposed amendments be approved as the Plumbing Code for the City of Rochester,•was read. Upon motion by Strain, second by Ludowese, and all voting in favor, the recommendation was approved and the City Attorney was instructed to prepare the necessary ordinance. , The recommendation of.the Public Safety Committee that the proposed ordinance relative to refuse collection charges be given its first.and second reading and that May 4 be set for final reading and adoption, the said ordinance proposing the following changes, was read: 1. That subsections 1 and 2 provide for a maximummonthly rate for twice -a - week collection in residential areas be increased from $2.50 to $2.80. This increaase is based on two factors., The first relates directly to • the imposition of a user fee at the present -land=fill site, -and the second relates to the request from the Rochester Refuse Haulers for a general rate increase. It was determined that the estimated cost to the customer being served through a licenses hauler, because of the user fee, would be $:.125 per month. It was further determined that a general rate increase of $.175 per month was a reasonable allowance for increased operating costs since the last rate increase was granted. 2. That subsections 3 and 4 provide for codification, re -wording and re- numbering of existing practices and provisions. Subsection 3 provides explicitly that charges for commercial refuse collection are not regulated by the City. Currently, this is implied 1 LJ 38 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., April 6, 1970 • because of the absence of any provision in the code to the contrary. Subsection 4 is a re -numbering and re -wording of existing provisions under Section 130.600 of the code. 3. That the ordinance would be effective after its official publication. If the proposed ordinance is adopted on May 4, user fees at the present land -fill site could be imposed about May 15 or no later than June 1. The Committee further recommends that the Administrative Assistant be instructed to coordinate the administrative implementation of the user fees at the land -fill site. Mr. Wm. Price, Jr. Attorney was present.representing the rubbish haulers, he said it had been - two years or more since they had gotten the increase of 50t and their operational costs were continually rising; he requested that,the rate be increased for one can from 2.50 to 3.00 with nothing additional for the cost of the charge at. the dump,, for two cans from 2.50 to 3.00 and an additional charge of 15C for the charge at the dump, for 4 cans from 3.50 to 4.00, etc. he also requested consideration of having the private dwelling owners put their rubbish in plastic bags at the curbside; he used Herbert Bornfleth as an example, that he had 3 packer trucks and 5_ employees, not including himself and wife,_ his income from residential hauling was $41,009 and he had a total expense of $38,769 which provided nothing for salary for himself or his wife and this..left a gross profit of only about 2,200; with the new proposed increase he would only gain about 5,78.9 per year on 1522 residential customers and the cost of the dump would be about 3.,532 which would leave only an increase of about 1,946; the haulers are requesting more wages, cost of insurance, gas, etc. is increasing so he definitely feels that a greater increase should be granted._ Alderman Larson said he still felt that by the consolidation of routes the haulers could cut their expense and increase their overall efficiency. A motion was made by Ludowese, second by Strain, that the recommendation of the Public Safety Committee be accepted and the City Attorney be instructed to prepare an ordinance making the proposed change; all voted in favor. Mr. Frank Michaels, general consultant for Rochester Township, and also speaking in behalf of Cascade, Haverhill and,Marion Townships on the matter of the City providing fire protection to these four townships, he requested that the temporary agreement now in effect be extended to June 1, 1970 and this would give them time to try to solve their problems, such as working out_the charges, how far it should extend, whether it would affect the insurance rates for the City, etc. After further discussion, a motion was made. by Cherland, second by Larsen , that (1) this matter be referred to the Public Safety Committee, they to meet with the representatives from the four townships and come back with a recommendation on May 18, 1970, (2) that the City continue to furnish fire protection until June 1, 1970 and (3) that the City Attorney and Mr.,Michaels workout a. contract to take of all the legalities; all voted in favor. Mr. Gerald Swanson, City Attorney, said that he had a letter from Mr. W. J. Feyder of Toltz, King, Duvall, Anderson and Associates stating that they had made and paid for certain corrective work at the Sewage Plant and now that the work had been completed in order for them to obtain partial reimbursement from their insurance company they had to have a release from the City; also.a letter from .the City Engineer stating that the. corrective wprk was completed and is accepted as being in accordance with instructions and recommending that the Common Council acknowledge completion and acceptance of the corrective work. Upon motion by Larson, F� 11 1 P_� 1 1] Record of Official Proceedings of the Common Council of the . City of Rochester, Minn., April 6, 1970 539 1 • 1 �I 0 1 second by Cherland, the recommendation of the City Engineer was accepted and Toltz, King, Duvall, Anderson & Associates be notified of the acknowledged completion and acceptance of the corrective::work; all voted in favor. Mr. Gerald=Swanson, City Attorney, said that he had received a letter and copies of -the -Federal Insurance Administration's Official Flood --Hazard Map and Emergency Flood Insurance Map for the City of'Rochester; Mr. Swanson was to study these and try to clarify who is eligible and who is not for this insurance and report back. Upon motion by Cherland, second by Strain; and all voting in favor, the following number of applications for various city licenses were approved and the City Clerk was instructed to issue the said licenses: Bowling Alley License - (3) Tropic Bowl, Colonial Lanes and Recreation Lanes, Inc. Pool Hall License - (4) D & R Cafe & Billiards, Recreation Lanes, Inc., Mclntires Cue & 'Cushion and Cue-T Cafe & Billiards. Bus Licenses - (10) Rochester City Lines. House M6ver's License - (1) Lysne Construction Company. Ambulance License - (7)'Gold Cross(4) and Diamond Ambulance (3).' Junk Buyers License - (1)'-Wilbur Jennings dba Rochester Iron & Metal. Sign Erdctors License - (7) Weis Builddrs Inc., Abel Sign Co., Ace Signs, Alvin E. Benike, Inc., Triad Sign Co., Bzozkie Sign Co. and Kaufman Outdoor'Adv. Co. Cement Contractor's License - (15) Doyle Conner'C6.; Harold Hanson, Ed Mahoney, The Kruse Company, Tilford Bros. Cement Contractors, Alvin E. Benike, Inc., Floyd Larson Construction Co., Dick Pearson Concrete, C. M. Boutelle & Sons, Inc., 0. A.'Stocke &'Co., Schwanke Construction Co., E. J. Vonch, Weis Bdilders, Inc., Phil M-. Ryan Cement Contractor and Clayton Boutdlle. Underground Construction Contractor License - (1) Kepp Company, Inc. Sewer and Drain Connector's License - (8)' Littrup Nielson, Inc., Kirckhof Plumbing & Heating Viker & Sorenson, Fraser Company, Inc., Gopher Sanitary Service, ' Riverside Sand & Gravel, Richard O'Connell and M. P. Overand. Dance License - (8) The Bank Saloon, Tropic Lounge, Inc., Town House (Top Hat), Sheroc Corporation, Roxy; Itic., Hollywood Bar, The Kahler Hotel, and North Star Bar. Refuse Collectors - (8) Fred 0. Vagt (1), William H. Watson, Jr. (1), Herbert Bornfleth(3), George Fenske(4), Kirkham Waste Removal Service (3), Rochester Refuse Control, Inc. (3), Stanley Watson �4) and Harold A. Watson (5). Master Plumber License - (24)"Leonard Malon, Sam Russell, W. J. Hankee, Elmer Kruesel, Georg Krudwig, Lloyd'Bennett, John A. Healy III, Leslie Lance, Fred Schnell Ray Purvis, Bernard-Nesler, Charles Hiley, Richard Tointon, Bernard Kirckof, William Gander, James Pfeffer, John Scheid, James Barry, Wayne Dornack, Robert Langton, J. Leroy Kelly, Ronald L. Harris, Joe ` Cozik and John Blee. Heating'Contractor's License - (31) Thompson -Yaeger, Inc., D & D Refrigeration, Maass Plumbii & Heating, Alpek Sheet Metal & Roofing, Edwards Sheet Metal, J. A. Mitchell Welding & Trenching, Scheid Plumbing & Heating, Drain Master Plumbing & Heating, John Blee Plumbing & Heating, Barry Plumbing & Heating, Pfeffer•Plumbing & Heating, Utility Sales & Engineering, C & S Plumbing & Heating, Healy Mechanical Contractors, Lance Plumbing & Heating, Woodhouse Bros., H. Dornack & Sons, Schnell Plumbing & Heating, Ray's Plumbing & Heating, The Sanitary Co., Ronny's Plumbing & Heating, Krudwig Plumbing & Heating, Harris Mechanical Contracting, Joe Cozik Plumbing & Heating, Rochester Plumbing & Heating, Kirckof Plumbing & Heating, Richard Tointon, J.'McClure Kelly Co., Gander Heating & Plumbing and W. J. Hankee'Co. Master Installers License - (38)-L. M.'Edwards, William Keehn, Arthur Mengedoth, C. J. Porter -Garfield Roadway, Adrian Ronnenberg, H. W. Thompson, Loren Woodhouse, James Barry, John Blee, Joe Cozik, Wayne Dornack, William Gander, W.J, Hankee, Ronald Harris, John Healy III, Charles Hiley, Elmer Johnson, J. Leroy Kelly, Bernard Kirckof, Elmer Kruesel, Leslie Lance, Robert Langton, Bernard Nesler,'James W: Pfeffer, Ray Purves, Sam Russell, John Scheid, Fred Schnell, Richard Tointon, David Niebuhr, James Mitchell, Arlowe Esau, Raymond Zobel, Karl Byboth, Gordon Jones and Robert Blake. On Sale Non -Intoxicating Liquor -'(27) Darst Grill Tap Room, Mac's Restaurant, The Pub, Recreation Lanes, Ambrose Barry, The Spa Tavern, Queen City Beer & Grocery, Colonial Lanes, Fraternal Order of Eagles; East Side Inn,Inc. Jim and Joe's, Sixty Three Club, Golden George's,. Tropic Bowl, Richards Roost, Soldiers Fierd Restaurant, Eastwood Golf Course Club House, Alibi Inn, Tap Room, Office Tavern, Happy Time Bar, Princess Ja 13, 0 54.0 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., April 6, 1970 Cafe, Belt Line Tavern, The Brathaus, Shakey's Pizza, Howard Johnson's and American Legion Club Post# 92. Off Sale Non -Intoxicating Liquor - (58) Darst Grill Tap Room, Mac's Restaurant, The Pub, Recreation Lanes, The Spa'Tavern, Queen City Beer & Grocery, Ambrose Barry, Colonial Lanes, Jim & Joe's, Sixty Three Club, Golden Georges, Tropic Bowl, Soldiers Field Restaurant, Eastwood Gold Course Club House, Alibi Inn, Rap Room, Office Tavern, Happy Time Bar, Princess Cafe, Belt Line Tavern, The Brathaus, Shakey's Pizza, Ribbing's Food Center, Cascade Grocery, Piggly Wiggly(3), Mac's Grocery, National Food Stores, Inc., Morningside Grocery, Country Boy 63, Kwik Trip IGA, Barlow Foods, 011ie's Food Market, Just Rite Supermarket, Sheppards Grocery, Pantry Grocery, Erdmans Super Valu(3), Kleins Superette, Jim's Ranch Market Jack's IGA, Golden Hill Market, Stop N Shop, Rays Country Boy, Red Owl Store (3), Sunny Market,"Eds Pik Quik'Market, Brownell Drug, John's Grocery, East Side Inn, Third Avenue Grocery, Stop N Go (2). Cigarette License - (171) All renewals as listed in license register. Upon motion by Cherland, second by Strain, and all voting in favor, the following bonds were approved, the surety thereon accepted and thg bonds were ordered placed on file: Surety Principal Amount Employees Commercial Union Insurance Co. - Wayne Dornack 1,000.00 H. Dornack $Sons, Inc. 5,000.00 Ohio Farmers Insurance Co. of LeRoy, Ohio - D & D Commercial'Refrigeration 5:000.00 Litfrup'Nielson, Inc. 1,000.00 The Travelers Indemnity Co. of Hartford,Conn.-Viker & Sorenson, Inc. 1,000.00 Seaboard Surety Company of New Yor4, N. Y. - Alvin H. Benike, Inc. 1,000.00 John A. Healy III 1,000.00 ' 'Healy Mechanical Contractors 5,000.00 Aetna'Casualty & Surety Co. of'Hartford,N.Y.- Kaufman Outdoor Advertising 5,000.00 Planet Insurance Company -of Philadelphia' - James W. Pfeffer (2) 1,000.00 & 5,000.00 Transamerica Insurance Company - Fraser Company, Inc. 1,000.00 Capitol Indemnity Corp. of Madison, Wis: - Utility Sales & Engineering 5,000.00 St: Paul Fire & Marine Ins. Company = Robert'W. Langton (2) 1,000.00 & 5,000.00 ' Leonard'M. Edwards 5,000.00 Kirckof Plumbing & Heating (2) 1,000.00 & 5,000.00 W. J. Hankee Co., Inc. (2) 1,000.00 & 5,000.00 :'Alpek Sheet Metal & Roofing 5,000.00 Gander Plumbing & Heating(2) 1,000.00 & 5,000.00 ' Ray's Plumbing & Heating (2) 1,000.00 & 5,000.00 Western Surety Company - L. R. Lance (2) 1,000.00 & 5,000.00 'Maass Plumbing & Heating (2) 1,000.00 & 5,000.00 George Krudwig (2) 1,000.00 & 5,000.00 Richard Tointon (2) 1,000.00 & 5,000.00 Fred W. Schnell (2) 1,000.00 & 5,000.00 Lysne Construction Co. 7,500.00 ' James D. Abel 1,000.00 ' Rochester Plumbing & Heating 1,000.00 & 5,000.00 Kepp Company,'Inc. 1,000.00 Ace Signs 1,000.00 ' Barry Plumbing Heating (2) 1,000.00 & 5,000.00 Gopher Sanitary Company 1,000.00 Sam Russell 1,000.00 C & S Plumbing & Heating 5,000.00 Weis Builders, Inc. 1,040.00 Wilbur'Jennings 1,000.00 Fidelity and Deposit Company of Maryland - 'Ronny's Plumbing & Heating 5,000.00 Triad Sign Service, Inc. 1,000.00 The Ohio Casualty Insurance Company of ' Hamilton Ohio - Lloyd Bennett 1,000.00 John Blee (2) 1,000.00 & 5,000.00 Pierre Aircon Company 1,000.00 & 5,000.00 Hartford Accident & Indemnity'Co.- - Thompson Yaeger, Inc: 5,000.00 ' John A: Scheid (2) 1,000.00 & 5,000.00 .,: ;-, °� ;�; .�%; •=.; ...: -'; ; _, :,o. Vogel Outdoor Advertising Co. 1,000.00 ` The application of Lysne'Construction, Inc. for a permit to move a building from Elton Hills Drive N. W. & Viking Drive to 1927 1st Street N. W. was read and upon motion by Ludowese, second by Strain, and all voting in favor, the permit was granted, said building to be moved under supervision of Police Department and Public Utility Department. A motion was made by Larson, second by Cherland, that the following resolutions be adopted in'block; all voted in favor. A motion was then made by Larson, second by Ludowese, 1 • I- 0 n 0 Record of Official Proceedings of theCommon Council of the City of Rochester, Minn., April 6, 1970 541 1 • 1 1 U 1 0 that the said resolutions be adopted as read and all voting in favor, President Postier declared the said resolutions duly passed and adopted: r Resolution designating the Rochester Post Bulletin as the official newspaper for the year 1970-1971. Resolution authorizing execution of lease of property to U. S. Governmen for Army National Guard . Resolution referring proposed improvement for feasibility report and recommendation for Part II of•Allendale Improvement (# 6502-70•Part II). Resolution receiving preliminary report, ordering a public hearing and directing preparation of plans and specifications for Part II of Allendale Improvements. Department. NAACP) Resolution ordering bids for furnishing five 4-door sedans for Police Resolotion granting one public dance permit to Albert L. Hiatt (Rochest Resolution declaring cost to be assessed and ordering preparation of proposed assessment for widening and repaving and partial sidewalk replacement on 2nd Street S. W. from 5th-to llth Avenue S. W.•and replacement of sewer and water service connections at certain properties abutting the repaving project. Resolution ordering a hearing on proposed assessment for widening and repaving and partial sidewalk replacement on 2nd Street S. W. from 5th Avenue to llth Avenue S. W. and replacement of sewer and water service connections at certain properties abutting the repaving project. A motion was made -by Strain, second by Larson, and passed unanimously, that the semi-monthly bills in the amount of $112-,792.79, list attached, be approved. Resolution requesting Public Examiner of State of Minnesota to make examination of financila books and records of City for fiscal year from January 1 to December 31, 1971. Upon motion by Cherland, second by Larson, resolution adopted; all voted in favor. Resolution adopting•policy to govern financing of special assessment projects. Upon motion by Cherland, second by Strain, and all voting in favor, resolut adopted. Resolution requesting the Commissioner of Highways to make a study of speed limits on 37th Street N. W. within the city limits of Rochester between 18th Avenue Northwest and U.-S. Highway No. 52. Upon motion by Cherland; second by Ludowese, and all voting in favor, resolution adopted. Resolution amending parking resolution as follows: (1) Section B, No Parking Zones, is amended by rescinding Pararagraph 46.and adding Paragraphs 24.3 and 95 to read as follows: (24.3) Elton Hills Drive Northwest on the south side of the street, no _stopping or parking.at any time for a distance of 50 feet more or less east of the Herbert Hoover Elementary School pedestrian crosswalk. (95) Third Avenue Southwest on the east side of the street from Sixth Street to Fifth Street Southwest between the hours of 8:00 a.m.- and 12:00 noon on Sundays only:;.. 542 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., April 6, 1970 • (2) Section D, Truck. Loading Zones, is amended by rescinding paragraph 25. (3) Section E, Passenger Loading Zones, Paragraph 76 is amended in its entirety to read as follows: (76) Fourth Avenue Southwest on the west side of the street between West Center and First Street Southwest 50 feet more or less in front of the building known as St. John's Catholic Church for a period not to.exceed three minutes. Upon motion by Cherland, second by Ludowese,.and all voting in favor, resolution adopted. An Ordinance relating to plumbing licenses, fees and permits; adopting a new plumbing code for the City of Rochester; amending Rochester Code of Ordinances, Sections 77.010, 77.030, 77.040, 77.060; 77.070, 77.110, 77.120, 77.520, 78.010, and 78.020; and repealing Rochester Code of Ordinances, Sections 77.130 and 78.030, was given its first reading. Upon motion by Larson, second by Ludowese, and upon roll call and all 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 voting in favor, the rules were suspended and the ordinance was given its third and final reading. A motion was then made by Larson, second by Strain, that the said ordinance be adopted as read, and all voting in favor, President Postier declared the said ordinance duly passed and adopted. An Ordinance relating to the licensing of Bicycles, and amending the Rochester Code of Ordinances, Sections 142.020, 142.030, 142.040t 142.060 and 142.070 was given its first reading. Upon motion by.Strain, second by Cherland, and upon roll call and all voting in favor, the rules were suspended and the ordinance was given its second reading. Upon motion by Cherland, second by Strain,.and upon roll call and all voting in favor, the rules were suspended and the ordinance was given its third and final reading. An Ordinance relating to charges for.Refuse Collection; amending Rochester Code of Ordinances, Section 130.600, was given its first reading. Upon motion by Strain, second by Larson, and upon roll call and all.voting in favor, the rules were suspended and the ordinance was given its second reading. Upon motion by Larson, second by Cherland, and upon roll call and all voting in favor, the rules were suspended and the ordinance was given its third and final reading. . An Ordinance relating to the Zoning Ordinance of the City of Rochester and public hearing on zoning amendments; amending Ordinance No. 1296, Section 62.03 as follows, was given its first reading: 1162.03 COUNCIL HEARING: After receiving the recommendation of the Planning and Zoning Commission on the proposed amendment or change, and before adoption of such amendment or change, the City Clerk shall fix•a date for a public hearing before the Common Council to consider the matter and shall cause notice of such hearing to be published in the official newspaper at least once, not less than twenty (20) days before the date of such hearing. In addition to the foregoing published notice, the City Clerk shall send a written notice of such hearing by regular mail to the owners of all lands proposed•to be changed and to the owners of land adjacent to and within two hundred (200) feet of the outer perimeter of the land proposed to be changed. The City Clerk shall send such notice to the owners of record as listed in her office using the best address available to her. The failure of any owner to receive a written notice as set forth above shall not affect the validity of any district boundary change made by the Common Council." Upon motion by Larson, second by Cherland, and upon roll call and all voting in favor, the rules were suspended and the ordinance was given its second reading. Upon motion by Larson, 1 • 1 I. 10 • Record of Official Proceedings of the Common Council of the City of Rochester, Minn., April 6, -1970 543 second by.Cherland, 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 Larson second by Ludowese; that the said ordinance be adopted as read and all voting in favor, President.Postier declared the said ordinance duly passed and -adopted.. An Ordinance relating to passenger and commodity loading zones; amending the Rochester Code of Ordinances by adding anew section 147.221, was given its first reading: 147.221. Passenger and Commodity Loading Zones. No person shall park a vehicle for any purpose or period of time other than for the expeditious loading or unloading of passengers or commodities in any space established by the Common Council as a Passenger and Commodity • Loading Zone, and so signed or marked, during the hours when the - regulations applicable to such zone are effective. In no case shall the stop for loading or unloading passengers or commodities in such zones exceed 15 minutes. An Ordinance relating to the Rochester Common Council, Administration of City Government, Adoption of Ordinances, and levying of property taxes; amending the Charter of the City of Rochester as follows: Amending Sections 98 and 107, repealing Section 114 through 122, and adding a new Section 165, was given its third and final reading. A motio was made by Larson, second by Ludowese, that the said ordinance be adopted as read, and all voting in favor, President Postier declared the said ordinance duly passed and adopted Resolution recommending to Municipal Commission that 1081 acres of land abutting the present City limits and situated between the City and the Rochester Municipal Airport be annexed subject to the condition - the petitioners as a condition precedent to annexation have offered to enter into an agreement with the City of Rochester to pay the cost of the proposed sewer extension to the airport as an assessment against petitioners property without deferment of any amount, less such costs as may be appropri- ated to the Rochester Municipal Airport and less such federal aid, if any, as may be made available for the sewer project. Upon motion by Larson, second by Ludowese, and upon roll call and Larson, Ludowese, McNary, Strain and Willmarth voting "aye" and Cherland and Postier voting "nay", resolution adopted. Upon motion by Ludowese, second by Strain, and all voting in favor, the • meeting was adjourned until 7:30 o'clock P. M. President Postier called the meeting to order at 7:30 P. M., the following members being present: President Postier, Aldermen Cherland, Larson, Ludowese, McNary, Strain, Willmarth. Absent: None. Hearing on petition to change zoning on the South 9 feet of Lot 1, Block 2, Indian Heights Third Subdivision from the R-2 District to the R-1 District. There was no one present wishing to be heard. President Postier declared the hearing officially closed. The recommendation of the Planning & Zoning Commission that this be granted approval was again read and upon motion by Strain, second by Cherland, and all voting in favor, the recommendation was approved, and the City Attorney was instructed to prepare an or.dinaince:;making the zone change. Hearing on proposed zone change on Northgate 66 Service Station Property • • h 5+4 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., April 6, 1970 • located at the Southwest corner of llth Avenue Northwest and 5th Street.Northwest from the R-3 District to the M-1 District. The analysis.of the petition of.protest, stating that the petition was valid.and would require a 6/7 vote of the Council to approve the proposed zone change was also read.. Mr. W. G. Nelson, representative of Phillips Petroleum Co. said they purchased this property in 1962.and it had been zoned commercial in 1961, then when the zoning ordinance was adopted in 1965 it was zoned as R-3, and the reasons,they were requesting the change now were (1) R-3 did not give them assurance of continued operation and possession of the service station.if they decide to remodel or rebuild (2).under R-3 there.are certain conditions that they could lose the permits they have under the time limit in the ordinance • (3) there are certain accessory uses not permitted in R-3 that were permitted in commercial (4) the other intersection of the 4 corners here are zoned as M-1 and (5) they need zoning equal to the other corners to meet the competition; he said it is the same owner since 1962 and has operated a successful business but probably can not make a go of it if he could not Dperate on a competitive basis. Mr. Harold Krieger, Attorney represented Dick Kruckenberg the lessee, said he would just like to continue operating as he was but would like the zone district the same as the other three corners. Mr. David Bishop, Attorney represented Mr. Tom Godsell Dwner of the property immediately adjacent, he said they had no complaints as to how the business Ls operated but did not feel a M-1 district should join residential and felt B-lb should be the maximum here, he said the buildings were built about 10 years ago and are very clost to the station. Mr. Richard Bins of. 417 13th Avenue N. W. said this property abuts 4� Street N. W., )ne of the two streets into this area and today when he looked down there the iot- was completely Eilled with trailers, trucks and snowmobiles and they looked unsightly and obstructed the view. Zr. Tom Godsell, owner of the six plex next to the station said he built the sixplex on a 50ft Lot so it was only about 5 feet away from the station, he said they did not object at the Planning x Zoning meeting because they did not realize everything that could be done in the M-1 district, ie said he felt it would depreciate his property and it was an eyesore. Mr. Del Fischer said he vas with the 66 Oil Company and it is quite evident that to be successful in a service station rou have to have diversification, what kept them going 5 years ago would not do so today; he ;aid this property should be M-1 like the other 3 corners of this intersection. Mr. Dick • ,ruckenberg, Manager of the station said he rented utility trailers, cabin trailers and trucks ind sells snowmobiles; he started the truck line and snowmobiles about a year ago, the camping :railers in 1964 and utility trailers before that; he said he about 4 trucks on the lot right iow. Mr. Paul McCue of 401 13th Ave. N.W. said he was opposed to the M-1 zone, they would be .aced with doing things that are not in line with the business, even now at certain times of the rear there are Xmas trees, buses parked on the lot and even miniature motorcycles for sale. There aas no one else present wishing to be le ard. President Postier declared the hearing officially :losed. The recommendation of the Planning & Zoning Commission that this petition be granted tpproval was again read. A motion was made by Alderman Cherland that the recommendation be accepted and a hearing on the proposed zone change be set; his motion was lost for want of a second. A motion was then made by Ludowese, second by McNary, that the recommendation be not Record of Official Proceedings of the Common Council 54D of the City of Rochester, Minn., April 6, 1970 approved and the zone change denied; all voted in favor except.Alderman Cherland who voted 1'nay��. President $ostier stated that.this was not an official hearing on the appeal of Mr. Don Dickman, the hearing had been officially closed at the last meeting, concerning the parking of vehicles and trailers on property located on the Northwest corner of 3rd St. S. W. and 19th Avenue S. W. in an:;R-1 District, so no one would be heard. However, the City Attorney had prepared a report on this question and copies had been sent to each of the Alderman for study so action could now be taken on the recommendation. The recommendation of • the Planning & Zoning Commission that this appeal be granted approval and that the non- conforming use of this property be limited to operable automobiles (this does not include boats, trailers, junked cars, trucks, helicopters, farm implements, etc.) was again read. A motion was made by Larson, second by Ludowese, that the recommendation of.the Planning & Zoning Commission be not approved and the appeal of Mr. Dickman be denied; all voted in favor except Strain and Willmarth who voted "nay". The City Attorney was instructed to prepare a finding of fact for action of the Council. The recommendation of the Planning & Zoning Commission that the petition to change the zoning on a part of the Holm & Olson Property (N. E. corner of 7th Street N. W. and llth Avenue N. W.) from the R-1 District to the R-3 District be granted approval was again read. The analysis of the petition of protest against the proposed zone change statingthat the petition was valid and according to the p g provisions of the Zoning ordinance � i it will require a 6/7ths vote of the Common Council to approve the proposed change of zoning, was also read. Mr. Herbert Holm, the owner of the property in question was again present and requested favorable action on his petition. Dr. Thomas Ryan of 916 loth St. N.W.; Mr. David Shively of 912 - 10th St. N.W.; Mr. Ralph Hammond of 1110 - 10th Ave. N. W. and Mrs. David Shively of 912 - 10th St. N. W. were each heard in opposition to the proposed zone change. A motion was made by Ludowese, second by Strain, that the recommendation of the Planning & Zoning Commission be not approved and the proposed zone change be denied; upon roll call all voted in favor thereof except Alerman Willmarth who voted "nay". The recommendation of the Public Works Committee that yhe bids of Richard's Oil of Savage Minnesota for cutback asphalt, L. N. Sickles of St. Paul for cationic emulsion, Rochester Sand & Gravel for plant mixed bituminous and Rochester Sand & Gravel for washed sand and James Paulson for crushed rock, be accepted as recommended by the Purchasing Dept., was read. Upon motion by Larson, second by Willmarth, and all voting in favor, the recommendation was approved and contracts were authorized to be prepared for the same. Mr. Willard Larson of 1546 7th Abe. N. E. was present in regard to the proposed one-way streets and was told that a public hearing would be held at a later date. Res'olutrion-,af'f rm�hgathe decIsfohyoTithe Zoning Inspector in regard to zoning violations on Lots 4,5,6, Block 2, Highland Addition (Suburban Motors and instructing him to enforce the notice of violations was read. Upon motion by'Larson, second by Strain, and all n F'546 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., April 6, 1970 voting in favor, the resolution was,adopted. Upon motion by Strain, second by Willmarth, and all voting in favor, the meeting was adjourned until 7:30 o'clock P.. M. On April 20, 1970. City Clerk • 1 1 0