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HomeMy WebLinkAbout06-01-1970Record of Official Proceedings of th-'Co mmon Council of the City of Rochester, Minn., .tune 1, 1970 1 9 1 1 0 1 Minutes of a regular meeting of the Common Council of the City of Rochester, Minne- sots, held in the Council Chambers in the City Hall, in said City, on June 1, 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. Upon motion by Ludowese, second by Willmarth, and all voting in favor, the minutes of the meeting of May 18, 1970 were approved. The annueal Financial Report of the City of Rochester for the year ended Debember 31 1969 was presented and the same was ordered placed on file. Mr. Robert Millam of 811 - 18th Avenue S. W. was present and said that about six weeks ago a group of citizens submitted a petition to the Common Council asking assistance in the formation of a citizens commission to perform several tasks that might be beneficial to the three governing bodies of the area and understand that a group has been meeting on this and has formulated a manner in which this committee might be of service. Alderman Cherland said that after several meeting the members of the Finance Committee who are on the committee to. study this had come up with the following guidelines for establishing a joint study committee for City -County -Schools and recommended that these guidelines be accepted; Obiectives This committee is pledged to analy.zevarious problems confronting our three taxing bodies, as assigned to the committee and requested by the taxing bodies. Organization The committee shall be composed of fifteen members from a broad geographical and economic interest cross section of the community (city, county, township). Responsibility for selecting members and appointing the chairman will be accepted by the Rochester Area Chamber of Commerce. (However, each of the governing bodies may recommend people to serve on this committee). If desired by the committee, the Rochester Area Chamber of Commerce, will furnish a staff person to take minutes of meetings, call members and distribute mailings as necessary. Each of the governing bodies will appoint a resource person to meet with the committee from time to time as needed. The life of the committee will be determined by the three taxing bodies. Responsibility The committee, with the mutual agreement of theCity, County and School Boards and Commissions, would report their findings to the joint session of the three taxing bodies or by written report, simultaneously to each -body. Recommendations for studies would be given the committee by the three taxing bodies. It was noted that the members of the County represented and the members of the School Board. represented were in accord with these guidelines; after further disbussion a motion was made by Larson, second by Willmarth, that the guidelines be accepted as read; all voted in favor. A letter signed by Lester J. Fiegel and Elizabeth Hannenberger regarding the storm sewer on Trust Property known as First National Bank Trust or Fiegel Trust was presented and referred to the Public Works Committee. Mr. Gerald Swanson, City Attorney, reported that he had been meeting with the attorneys for the Town of Cascade, Haverhill, Marion and Rochester for the purpose of drafting a contract for the extension of fire protection by the City Fire Department to the surrounding towns; the contract will not be completed until after the June lst-meeting and �J 4 Record of Official Proceedings of the Common. Council of the City of-- Rochester, Minn., June 1, 1970 • therefore, it is recommended that the City extend the existing Fire Protection Emergency Agreement until June 30, 1970; the effective date of the contract being prepared will be July 1, 1970. Upon motion by Larson, second by Cherland, and all voting in favor, the i emergency contract was extended until June 30, 1970. Upon motion by Cherland, second by Larson, and all voting in favor, the request of the Rochester Jaycees for a parade permit for the second annual Children's Fourth of July Parade was approved. The format to be the same as last year. The recommendation of the Public Works Committee that bids be received on July 8th for "construction of a grade crossing on 15th Avenue N. E. across the Chicago Northwestern • Railroad Tracks" was presented. Upon motion by Cherland, second by Willmarth, and all voting in favor, the recommendation was accepted and a resolution ordering bids was adopted. Recommendation of Public Works Committee that a project be initiated "Sidewalk construction on the south side of Zumbro Drive N.W. between 5th Avenue N. W. and 26th Street N. W." Upon motion by Cherland, second by Larson, and all voting in favor, the recommendation was accepted and resolutions (a) referring proposed improvement for feasibility report and recommendation and (b) receiving preliminary report, ordering a public hearing and directing preparation of plans and specifications, were each adopted. Recommendation of Public Works Committee that a project be initiated "Sidewalk approaches to Ben Franklin School" (south side of 16th St. S.E. from 3rd Ave. east to R.R. tracks; south.side of 16th St. S.E. from one lot west of 8th Avenue to 9th Avenue; north side of 16th Street from 6th Avenue to llth Avenue; west side of 9th Avenue from 16tt Street z to sidewalk in place at Ben Franklin.School; east side of 8th Avenue from 15th Street to 16th Street). Upon motion by Ludowese, second by.Strain, and all voting in favor, the recommendation was accepted and resolutions (a) referring proposed improvement for feasibility report and recommendation and (b) receiving preliminary report, ordering a public hearing and directing preparation of plans and specifications were each adopted. Recommendation of Public Works,Committee that a project be initiated_"concrete sidewalk on both sides of 15th Avenue N.W. from 30th Street to 31st Street N. W." Upon motion by Ludowese, second by Willmarth, and all voting in favor, the recommendation was accepted and resolutions (a) referring proposed improvement for feasibility report and recommendation and (b) receiving preliminary report, ordering a public hearing and directing preparation of plans and specifications were each adopted. Recommendation of Public Works Committee that a project be irtiated "concrete curb and gutter and sidewalk on both sides of 12th Avenue N.E. from 14th Street N. E. to the North line of Duville lst Addition". Upon motion by Willmarth, second by Ludowese, and all voting in favor, the recommendation was accepted and resolutions (a) referring proposed improvement for feasibility report and recommendation and (b) receiving preliminary report, ordering a public hearing and directing preparation of plans and specifications were each adopted. Recommendation of Public Works Committee that a project be initiated "concrete, sidewalk an the East side of llth Avenue N.W. from Elton Hills Drive to Cascad6 Street N.W. Record of Official Proceedings of the Common Council of the City of Rochester, Minn., June 1, ' 1970 . i- 58� 1 • 1 41 1 is �I and on south side of Cascade Street N. W. from llth Avenue to sidewalk in place West of 12th Avenue N. W." Upon motion by Ludowese, second by Strain, and all voting in.favor, the recommendation was accepted and resolutions (a) referring proposed improvement for feasibility report and recommendation and (b) receiving preliminary report, ordering a public -hearing and, directing preparation of plans and specifications were each adopted. l Recommendation of City Engineer that the Maintenance Agreement with the Minnesota Highway Department for the City to maintain Trunk Highway 296 and 63 within the city limits. A motion was made by Ludowese, second by Strain, that the recommendation be accepted and a resolution be prepared authorizing execution of the agreement. Alderman Willmarth inquired if any negotiations had been made to try to increase the amount of money the State paid, the amount being paid now was $1200 per mile and he said he thought with the a*penses and costs all going up this should also go up. A motion was made by Cherland, second by Larson, that J I{ this be tabled until August 3, 1970; all voted in favor. A motion was then made by Larson, second by Cherland, instructing the City Attorney to prepare a resolution requesting the Minnesota Higheay Department to increase their participation in this agreement up to $1500 ;i per mile; all voted in favor. Recommendation of Public Works Committee that a public hearing be held on the "Extension -of 9th Street S. E. from 3rd Avenue S. E. to South Broadway together with the necessary utilities". Upon motion by Cherland, second by Willmarth, "and all voting in favor thereof, the recommendation was accepted and a resolution receiving preliminary report ordering a public hearing and directing preparation of plans and specifications was adopted. Upon motion by Larson, second by Cherland, and all voting in favor, the hearing was set for 7:30 P. M. on July 8, 1970. Recommendation of Public Works Committee that a contract agreement be prepared with) Olmsted County providing for the installation and maintenance of highway lighting at County State Aid Road # 4 and 19th St. N.W. (16 units), -County State Aid Road # 4 and 37th Ave. N.W. which is Crenlo and IBM Road intersection (14 units), and County State Aid Road # 8 and # 25 which is 16th St. S. W. and Maywood Road (10 units). Upon motion by-Ludowese, second by Strain, and all voting in favor, the recommendation was approved and the City Attorney was instructed to prepare the -contract agreement. - Upon motion by Larson, second -by Ludowese, and -all voting in favor, -a resolution authorizing -and directing the City Clerk -to advertise for bids for furnishing *one street sweeper for the Street &U Alley Department was adopted. A motion was made by Strain, second by Cherland, and passed -unanimously, that the semi-monthly bills (list attached) in the amount of $226,572.86 be approved. i Upon motion -by Larson, second by Strain, and all voting in favor, a resolution �! approving and accepting assignment of collateral in -lieu of a depository bond from the ,j Northwestern National Bank of Rochester, Minnesota was adopted. - Upon motion by Larson, second by Ludowese, and all voting in favor, the following h j� recommendations of the Personnel Advisory Committee were approved: (1) That Donald Wees, i� ii 56 Record of Official Proceedings of the"•Common Council of the City of Rochester, Minn., June 1, 197LO . Plans Checker in the -Building & Safety Department be given a three step merit increase effective May 16, 1970.-(2) That Gordon Sather be appointed to the position of Inspector .in the Building & Safety Department at step 7F as of June 15, 1970 (3) That Richard Krier be appointed to the position of Long Range Planner at step 20B as of June 10, 1970 and (4) that the request of Everett Fisk to reclassify one Account Clerk KK to an Account Clerk III be approved.. Recommendation of Public Works Committee that they had reviewed the request of Robert M. Conway for city water and sewer services to his 31 acre tract in Section 12 in the Longfellow School. -Area; it -is evident that the existing sewer mains cannot be extended to this, tract, sewer service to this area is dependent upon the construction of the previously studied SE Interceptor Sewer on which a preliminary report was filed in March, 1963; because of current interest in and the need for City sanitary sewer in this area, this.committee recommends that the Council authorize the City -Engineers -Department to proceed with the location and design of the SE Interceptor Sanitary Sewer and that an initial appropriation of $20,000 be authorized for the location survey from the 1970 Budget item "SE Area Trunk Line Sewer". Upon motion by Ludowese, second by Strain, and all voting in favor, the recommendation was accepted and the City Engineer authorized to proceed with the survey. Upon motion by Ludowese, second.by Willmarth, and all.voting in favor, the recommendation of the Personnel Department that Mrs. Christine J. Lund= Clerk Typist II in the Building and Safety Department be granted a leave of absence from June 15, 1970 to October 15, 1970 because of '.pregnancy was approved. Recommendation of Planning Commission that refuse containers be purchased and also of Finance and Public Works Committee; upon motion by Ludowese, second by Larson, and all voting in favor, the recommendation was approved and the purchase authorized (approx. 50 containers with plastic doors and no labels). Recommendation of Planning & Zoning Commission that the City acquire the lands for -street right-of-way for the south half of 20th Street N.W. and the west half of 25th Avenue N. W. adjoining the proposed final plat of Northgate Eigth Subdivision. Upon motion by Strain, second by Cherland, and all voting in favor, the recommendation was approved and the owners be requested to dedicate the required land for the right-of-way. , Recommendation of Planning & Zoning Commission that the petition to annex the land south of 20th Street S. E. and East of C.S.A.H. No. 1 be approved -and that it be designated as Rural Service District. Upon motion by Ludowese, second by Willmarth, and all voting in favor, the recommendationuas accepted and the City Attorney was instructed to_prepare an ordinance annexing the said land. Resolutions adopted by the Public Utility Board (a) authorizing the Board to purchase property in Lot B, New Subdivision for $12,000 and (b) authorizing the Board to enter into a purchase order contract with Kuhlman Electric Company for furnishing transformer,. (c)authorizing execution of release & indemnifying agreement between City -Fairbanks Morse & Ins. Upon motion by Larson, second by Cherland, and all voting in favor, resolutions were adopted. 1 1 is 1 approving the three resolutions. 0 0 Record of Official Proceedings of the "Common Council 58,7 of the City of Rochester, Minn., June 1, 1970 1 • 1 • i' �f I� Upon motion by Ludowese, second by Cherland, and all voting in favor, the followings, applications for licenses were approved. Application of Pizza Hut of Rochester, Inc. for a license to sell "on sale" non -intoxicating malt liquor. Applications for cigarette license of Johnny's Bonded, RDC Club, Pauls Mobil, Northwest Gulf, Dennys Eastside, Hillcrest Motel,I� Imperial Station, Elks Club, Waters.Conley, Normandy Bar Broadway Restaurants, Elton Hills I' Standard, Mr. Steak, Rehling."66" Service, Elton Hills Pure, Chuck's Conoco, Bobs Drive -In j Liquor, Western Stores, Ruffalo Drug and Look Nook. Recommendation of Public Safety Committee that the request of George Holter to in$tall.bus schedule information signs in the.downtown area be approved; that a sign permit be issued.specifying the location of these signs but that the permit fee be waived and the method of installing such.signs be approved by the Director of Building & Safety; that the. signs be installed in such 8 manner as not to endanger the personal safety of pedestrians. and that the City not participate in the cost of materials or installation at this time. Upon motion by Willmarth, second by Cherland,.and.all voting in favor, the recommendation was approved. Recommendation of City Engineer that the bid of Doyle Conner Company in the amount of $6,481.30 for construction of curb and gutter.on both sides of.3rd Place N.W. from 36th Avenue N. W. to and including 36XX and 37XX and 3803 be accepted. Upon motion by Larson, second by Cherland,.and.all voting. in favor,.a.resolution accepting the.bid of Doyle Conner Company was adopted._ Upon motion by Willmarth, second by Cherland, .and all voting in favor, the requirements of the Building Code, Section 4502 were waived as.it related to.the Francis. Hotel Emergency Exit extending over the alley. Recommendation.of City Planning Department that the application of Vogel Outdoor Advertising to park a porta panel (temporary sign) at 1804 North Highway 52 be approved but that the Council consider a 30 day period instead of the 90 day period requested. Alderman Larson moved that the request be approved.for the 90 day period and Willmarth seconded the motion. Alderman Ludowese said he felt that 90 days was not a x>temporay period and thought it should be approved for only 30 days. All voted in favor of the motion to grant the permit for 90 da:ys except Alderman Ludowese who voted "nay". Mr. George Holter of Rochester.Bus Lines requested a change in the Northwest Route SA, that portion of the route.starting from Elton Hills Drive on 5th Avenue.N.W. to be changed to Elton Hills Drive to 4th Avenue N. W. to 26th Street. Upon motion by Cherland, second by Strain, and all voting in favor, the requested change was approved. Upon motion by Larson, second by Cherland, and all voting in favor, the meeting was adjourned at 3:30 P. M. The meeting was, called -to order again.at 4:00 P. M. with all membe present. An Ordinance relating to passenger and commodity loading zones; amending the Rochester Code of Ordinances by adding anew section 147.222;:was given.its.third and final reading. A motion was made by Larson, second by Ludowese, that the ordinance be adopted as 40 RAI 588 Record of Official Proceedings of the •Comrrion Council of the City of Rochester, Minn., June 1, 1970 • read; all voted in favor.. An Ordinance annexing to the.City of Rochester, Minnesota, certain unplatted land not exceeding 200 acres in area, all.being in.the Southwest Quarter of Section 7, Township 106 North, Range. 12. West, and in the East Half of _Section.12, Township 106 North, 'Range 14 West, Olmsted County, Minnesota (Conway property) was given:its third and final reading. A motion.was made by Larson, second by Strain, that.the said ordinance be.adopted as.read; all voted in favor. An Ordinance relating to the establishment of truck routes.in the City of Rochester; amending Rochester Code of Ordinances, Section 144.100 (deleting 3rd Ave. N.W.from 14th St. N.W. to north City limits; and 13th St. N.W._f rom Broadway to 3rd Ave. N.W.) (adding 37th St. N.W. from U.S. Highway 63 to U. S. Highway 52; 7th St..N.W. from.Valleyhigh Drive to U.S. Highway 14 West; and Valleyhigh Drive N. W. from 7th St. N. W: to 19th St. N. W.)was given its third and.final reading.. A motion was made.by.Ludowese, second by Larson, that the said.ordinance be adopted as read;.all voted in favor. An Ordinance rezoning certain property and amending the Zoning Ordinance of the City of Rochester, Minnesota (changing Lots 7,.Block 2,.Leiferman-Koehnen Subdivision to B-lb Neighborhood Business District) was given its .third and final reading. A.motionwas made by Larson, second by Ludowese, that.the said ordinance be adopted as read; all voted in favor. An Ordinance relating to subdivision regulations, the platting and dedication of property, prohibiting certain conveyances and imposing penalties for violation thereof; amending Section 41.010; repealing.Section 41.020, 41.030, 41.040,.41.050,.41.060,.41.070, 41.080, 41.081, 41.082, and 41.090; and adding new sections to the Rochester Code.of.Ordinance, was given its second reading. Upon motion by. Larson, second by Willmarth, and all voting.in favor, the request of the Rochester Art Center for permission to hang a banner for the Rochester Art Festival across 2nd.Street from June 2 - 8, 1970 was approved. - Upon motion by Ludowese,.second by Strain, and all voting in favor, the request of Resurrection Parrish Church for permission to hang a banner across 2nd Street June 11-14 for their second annual rodeo was approved.. An Ordinance annexing to the City of Rochester, Minnesota, certain unplatted land not exceeding 200 acres in area, all being in.the Northeast Quarter of Section 10, Township 106;North, Range 14 West, Olmsted.Countiy, Minnesota (Baihley property) was given its first reading. Upon motion by Larson, second'by Strain, 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.Strin, second by Ludowese, that the said ordinance be adopted as read; all voted in favor. Upon motion by Ludowese, second by Larson, and all voting in favor, a resolution was adopted authorizing.the Public Utility Board to enter into a license agreement with the Chicago 1 • 1 u u 1 and Northwestern Railway Company as shown on blueprint C. E. 45395 (378.00). Resolution approving the plans and specifications on file in the office of the 11 Record of Official Proceedings of the"Common Council of the City of Rochester, Minn., June 1, 1970 • 1 • 1 0 is it the City Engineer for Job No, 6202-3-70 (Widening, repaving, sidewalkq sewers, water main and; service connections in Second Street Southwest - T.H. 14-52 to 23rd Avenue S. W.) and authorizing the Mayor and City Clerk to sign on behalf of the City the cooperative constr- uction agreement entitled City -County Street Improvement Contract with the County of Olmsted.'; A motion was made.by Larson, second by Ludowese, that the resolution be adopted as read. (The estimated total cost of the project will be $516,400.00; County Funds and Turn -Back i Funds to pay $260,400.00 and City Funds to pay $256,000.00from Public Improvement Funds $144,000.00, Current Special Assessments $58,600.00 and deferred special assessments J i $53,400.00). Upon roll call Cherland,.Larson, Ludowese, McNary, Strain and Willmarth voting "aye" and Postier voting."nay", the resolution was declared adopted. -,. Upon motion by .Strain, second by Willmarth, and all voting in favor, the meeting was adjourned until 7:30.o'clock P. M. President Postier called the meeting to order again at 7:30 o'.clock P. M., the ,following members being present: President Postier, Aldermen Cherland, Larson, Ludowese, McNary, Strain, Willmarth. Absent: None. Hearing on Part II of Allendale Improvementa;�,which was continued from May 4, 1970. The following report from C. A. Armstrong, City Engineer, was read: "Honorable Mayor & Common Council .City of Rochester, Minnesota Gentlemen: A petition was received on May 25th signed by 31 owners of the 45 tracts in Allendale requesting that the City "Abandon the part of'the improvement which would entail building roads within Allendale Subdivision". It was further suggested that the sewer and water mains be'extended only to the extent necessary to serve the existing buildings in Allendale. This would entail,extensions of the sewer and water mains as follows: 1. Complete the mains in the Frontage Road from the north end of last years project to 31st Place (watermain only across lots 20,22 & 23) 2. In 31st Place from the Frontage Road, east to 19th Ave., and south bn 19th Ave. to the 30th Place Cul de sac. 3. In the 30th Place Dul de sac. 4. The outfall line in the'easement'from the north end of 19th Ave to ' 33rd St. 5. In 20th Ave. from 30th Place to the center of lot 20. The accompanying map shows in yellow color the tracts presently served by sewer and water mains, and in red color the additional tracts which would be served by the extensions listed above. Comment on the above Plan The benefit of this plan is that that it would provide City sanitary sewer and water service to all but one of the existing residence buildings in Allendale at the least cost. (This one exception could be served with sanitary sewer by an additional extension on the proposed 19th Ave. alignment, but the cost would be very high). The disadvantages of this pian*are: 1. It would not further the complete plan by which the entire Subdivision could be developed as previously adopted by the County Planning Board and property owners in 1965. It only postpones the vital decision to proceed with this plan. 2. Because of the absence of public streets, building permits will be prohibited (by Section 61.140 of the Code of Ordinances) on any tract or lot except those fronting on*18th Avenue N.W., the Frontage Road, or 33rd Street N. W. 3. The cost of installing the sanitary sewer and watermains on this proposal would be higher than otherwise because it will be necessary to restore the existing roadways, and the trenching will be deeper than if they were dug in conjunction with street grading. In view of,the opinion expressed by several of the property owners that they are not in agreement with the adopted,Street and Development Plan for the interior portion of the Subdivision, I recommend that they get together and create a revised General Development that will suit their needs and intentions, because without such a plan no further subdivision of tracts extensions of sewer and watermains, or construction of buildings can be ma$e. /s C. A. Armstrong 590 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., June 1, 1970 • The recommendation of the Public Works Committee.that the proposed project "Part II of Allendale Improvements" consisting of street grading, surfacing, sanitary sewer mains,, stormsewer mains, water mains and service connections in Allendale be abandoned, was.read. .There was no one present wishing to be heard. President Postier declared the hearing officially closed. A motion was then made by Ludowese, second by Cherland, that the recommendation be approved and the.project abandoned; all voted in favor. Alderman Cherland told the people from Allendale .that at some point in the near -future he would like to sit down and look at this plan again and see if there is not something that.can be worked out and keep the plan going even though we can get along without the project now; in a year or two these people might want to develop and make division.of their property so he requested that some -of these people contact him and try to find some solution. Alderman Larson said any remodeling or construction will be severally.curtailed because it will not be permissable and it will not be simple to sell property if you want to in view of that fact. Hearing on construction of concrete sidewalk on the north side of 13th Street S.E. from 6th to 8th Avenue S.E. There was no one present wishing to be heard.. President Postier declared the hearing officially closed. A motion was made by Ludowese, second by Willmarth, to proceed with the project and a resolution ordering bids on.the project was adopted; all voted in favor. Hearing on concrete -sidewalk on the West side of North Broadway from. 14th Street North to 16th Street North. There was no one present wishing to be heard. President Postier declared the hearing officially closed. A motion was made by Willmarth, second by Strain, to proceed with the project and a resolution ordering bids on the project was adopted; all voted in favor. Hearing on concrete sidewalk on the east side of 19th Avenue S. W, from 2nd Street S. W. to sidewalk in place at 5th Street S. W.' Mrs. Edward Eyre of 404 19th Avenue S. W. spoke in favor of the project because the children have to walk in the street. now. There was no one else present wishing to be heard. President Postier declared the hearing Officially closed. A motion was made by Ludowese, second by Strain, to proceed with the project and a resolution ordering bids on the project was adopted•,. all voted in favor. Hearing on concrete sidewalk on the south side of 19th Street N. W. from 19th Avenue N. W. to the west frontage road of T. H. 52 N. W. The following two alternates as proposed by the Public Works Committee were read: Alternate #1. Construct the sidewalk one foot north of the property line as planned in the original construction plans in 1960, with the curb line remaining in its present location. The cost to the property owners in this alternative will be the actual cost of the sidewalk construction which'is estimated at $4.21 per lin. ft. Alternate # 2. Construct the sidewalk one foot north of the property -line as planned in the original construction'plans in 1960, but widen the boulevard by removing the existing curb and reconstructing a bituminous curb 4 feet farther north. The cost to the property owners in this alternative will be the actual cost of the sidewalk construction plus the cost of -removing and reconstructing the bituminous curb, regrading and resodding the boulevard.. This additional cost is estimated at $3.40 per linear foot. Mr. Keith Draves of 1822 19th Street N. W. said they were -for alternate #2 but said they • 1 1 • 1 • Record of Official Proceedings of the''Commo`n Council of the City of Rochester, Minn., June 1, 1970 591 1� W. 1 1 0 1 would like to do some of their work, like fill and sodding. Mr. Lloyd Wasson of 1862 19th Street N. W. said they had problems with washout and inquired if this bituminous would be more durable and not wash away. C. A. Armstrong, City Engineer, said they planned on replacing with the same type of bituminous as before, the driveways would have to be regradec and built out to the gutter; he said if they are going to do their own sodding, the 4 contrator would cut and roll up what is there now and it will be reuseable up to about 75%; also, there are various types of bituminous and -if the property owners so desired they -could have a better poured type for about 50-75C more; he said one of the things involved in the cost is the completion of the project and filling, seeding and sodding and if the people did not do it the City would have to have someone go in and finish it up. Mr. Graves said they agreed they would like to have the better bituminous and curb and they would like to do their own fill, seeding and sodding. A motion was made by Willmarth, second by Strain, to proceed with the project on the basis that the residents prefer the better curb and that they would do some of their own work but if it is not done within 30 days the City -will do it and that a resolution -to order bids be adopted; all voted in favor. Hearing on construction of sidewalk on the northerly side of 13th Avenue N. W. 14th Street N. W. to 16thAvenue N. W. Mr. James Calvin of 1506 13th Ave. N. W. inquired why sidewalk was on both sides of the street here, he said they had a nice fill in their front yard and sidewalk construction would ruin this: Mr. William Otto of 1608 13th Avenue N. W. and Mr. John Muehlenbein of 1608 13th Avenue N.W. each spoke in favor -of the sidewalk. -There was no-one else present wishing to be heard. President Postier declared the hearing officially closed. A motion was made by Ludowese, second by McNary, that the project be proceeded with and a resolution ordering bids was adopted; all voted in fain r. Hearing on application to'amend the City's Land Use Plan to designate an area around the Pinewood School as being suited for multi -family use. Mr. David Hunt of 806 Northern Heights Drive spoke in favor of the designation. There was• no one else present wishing to be heard. President Postier-declared the hearing officially closed. -Upon motion by Willmarth, second by Strain, the recommendation of the Planning & Zoning Commission that the land use be amended to show the land along Willow Creek as -being suited for park, flood plain or conservation usesa and the remaining land be designated as being suited for multi= family use was approved and the City Attorney was instfucted to prepare the necessary resolution; all voted in favor. Hearing on application fora variance to vary the required rear yard -in the B-lb District as it applies to the property located at 11 - 6th Street N. W. There was no one present wishing to be heard. President Postier declared the hearing -officially closed. A motion was made by Ludowese, second by Willmarth, to accept the recommendation of the Plan & Zoning Commission that -this be approved and instruct the City Attorney to prepare the necessary resolution; all voted in favor. Hearing on application for a variance to allow the 25 foot front yard requirement to be waived to permit parking of cars within 5 feet of the sidewalk located on Mebhodist 0 92 Record of Official Proceedings of the Common ' Council of the City of Rochester, Minn., June 1, 1970 • Hospital Property at 208,212.and 216 3rd Avenue N. W. Mr. Gordon Lundskow representing the Methodist Hospital urged that this request be granted, that this property had been purchased for the purpose of having a parking lot. A motion was ,made by McNary, second by Strain, that the recommendation of the Planning & Zoning Commission to approve the request be accepted and the City Attorney be instructed to prepare the necessary resolution. Alderman Larson said he felt if this was granted they should be required to place a fence or shrubber between the cars and the street. A motion was then made by Willmarth, second by Larson, to amend the original motion to include that they be allowed to park cars within 5 feet of the sidewalk and the Methodist representatives work with the Park Board to get some type of appropriate shrubbery or bushes between the cars and street; all voted in favor. All voted -in favor of the original motion as amended. A motion was made by Larson, second by Cherland, that the matter of opening the city owned proposed parking lots on East Center Street and the Railway property be referred to the Public Works Committee for prompt action; all voted in favor. Hearing on application to vary the provisions of Paragraph 23.04 and 23.041 of Zoning Ordinance to permit a twelve unit apartment house at 307.3rd Avenue N..W. There was no one present wishng.to be heard. President Postier declared the hearing officially closed. A motion was made by Larson, second by Willmarth, that the recommendation of the Planning & Zoning Commission that the application be denied be approved, and all voting.in favor, the application was denied. Hearing on application for a variance to allow a two family dwelling in the R-1 District at 920 6th Street S.E. There was no one present wishing to be heard. President Postier declared the hearing.officially closed. Gerald Swanson, City Attorney, said.if.the (Council wanted to permit this you should amend the zoning ordinance, you can not permit a non- conforming use by variance. The recommendation.of the Planning & Zoning Commission was.that this be granted approval. A motion was made by Strain, second by Wil,-Imarth, that the recommendation be accepted and the City Attorney be instructed to prepare the necessary resolution; when a vote was called for, Cherland, Larson, Ludowese, McNary and Postier voting "bay" and Strain and Willmarth voting "aye", the motion was lost and the variance denied. Hearing on application for approval of the final plat of Northgate Eighth Subdivision. There was no one present wishing to be heard. President Postier declared the hearing officially closed. Upon motion by Ludowese,.second by Willmarth, and all voting in favor, the recommendation of the Planning & Zoning Commission that the final.plat be granted approval was accepted and a resolution approving the final plat was adopted. Hearing on application for approval of the final plat of Pennington's First Sub. There was no one present wishing to be heard. President Postier declared the hearing officially closed. Upon motion by Cherland, second by Larson, and all voting in favor, the (recommendation of the Planning & Zoning Commission that the. final plat be granted approval was accepted and a resolution approving the final plat was adopted. 0 LI Upon motion by Ludowese, second by Strain, and all voting in favor, the meeting was adjourned until 7:30 o'clock P. M. on June 15, 1970. City Clerk