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HomeMy WebLinkAbout04-19-1971Record of Official Proceedings of the Common Council of the .City -of_ Rochester, Minn., April 19, 1971 Minutes of an adjourned regular meeting of the Common Council of the City of Rochester, Minnesota, held in the Council Chambers in the City Hall, in said City, on April 19, 1971. President Postier called the meeting to order at 7:30 o'clock P. M., the following members being present: President Postier, Aldermen Kamper, Larson, Mayer, McNary, Strain, Willmarth. Absent: None. Hearing on Council initiated zone change in the area from 2nd Avenue N. W. to llth Avenue between 1st Street S. W. and the Chicago and Northwestern Railway from the R-2 District to the R-3 and R-4 Districts. Mr. Tom Moore, Planning Director, outlined the new boundaries, he said the area had been cut back from the original proposal once by the Council and now again by the Planning Commission; he.showed maps of the area, the proposal that went back to the Planning Commission recommended R-3 District along the east and west side of 6th Avenue from 2nd Street north to the railraod tracks and then all the rest of the.area was. proposed for R-4 with the exception of the property on the south side of 1st St. N.W. from essentially 7th Avenue to llth Avenue which was taken off from the original proposal; he said at the Planning Commission hearing there was still considerable objection to including a .large portion of this area in the R-4 and still Abjection in the general area; the Planning Commission is now recommending that the rezoning on West Center be cut back, covering the frontage on the west side of 7th Avenue between West Center and 1st Street and then -the only.other change would be extending the R-3 down to 1st Street instead of ending at at 2nd.Street. A petition with 48 signatures requesting that the area between lst Street N.W. and 5th Street N. W. between the center line of the alley between 5th Avenue and 6th Avenue between the center line of the alley between 6th and 7th Avenue N. W. remain as R-2 was presented; also a letter from Mr. Irvin Hoch requesting that his property at 623 1st Street N. W. be rezoned as multiph.was read. Mr. Clyde Lindbert of 623 4th.Street N. W. was present and stated that all.of the signers on the petition lived with a 200 ft.radius of the new zoning proposal and requested that this property be left as R-2 District. Mr. Hoch.was also present and requested that his property at 623 1st Street N. W..be included in the R-3 or R-4 District but he was told that this was not in the area being considered so could not be acted on at this time, it would have to be donsidered at a separate.time. There was no one else present wishing to be heard. President Postier declared the hearing officially closed. A motion was then made by Willmarth, second by Mayer, that the recommendation of the Planning Commission be amended in compliance with the petition as submitted by Mr. Lindberg and pull the line back so it is between 5th and 6th Avenue and then down to 1st Street, that the amended area be approved and the City Attorney be instructed to prepare the necessary ordinance; all voted in favor. Hearing on the application to vary the provisions of paragraph 32.03 of the zoning ordinance to permit a 50 foot sigil on the Welles Shopping Center Property. The recommendation of the Planning & Zoning Commission was that the application be denied. Mr. Harlan Tracy with Ace Sign Company was present and requested that the application be approved. There was no one else present wishing to be heard. President Postier declared the hearing 1 • 1 11 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., April 19, 1971 71 1 • 1 1 0 1 officially closed. -A motion was then made by Larson, second by Kamper, that the recommend- ation of the Planning & Zoning be approved and -the application be denied; all voted in fa Hearing on application to vary the provisions of paragraph 21.002 of the'Zoning Ordinance to allow the building at 1424-1426 loth Avenue N. W. to be used as a two family dwelling. The recommendation of the Planning & Zoning Commission was that the application be granted approval. Mrs. Peg Place of K & K Realty Company was present and represented' the present owners of the property Mr. & Mrs. Merlin Mason'who now reside in Florida; she said she had a buyer, Mr. Steffes, who would purchase this property if the variance was granted. There was no one else present wishing to be heard. President Postier declared t hearing officially closed. A motion was made by Kamper, second by McNary, that the varian be granted and 'the City Attorney was instructed to prepare the necessary resolution; all voted in favor. Hearing'on petition to change the zoning districting on the north 505.5feet of that part of the south one half of the NW'k of Section 25-107-14 which lies west and north of the T. H. No. 63 between 3rd Avenue N.E. and 23rd St. N.E. from the R-1 District to the B-3 District (Rochester Sand &Gravel Company was the petitioner). The recommendation of Planning & Zoning Commission was that the area be changed to a B-la zoning district. Mr. Dennis Peterson, Attorney, was present on behalf of the petitioner, he said the property did not lend itself to a residential area, it was -located on a busy thoroughfare and another factor was the sewer and water was on the other side of the highway an expense the owner was willing to bear if they could get a sufficient zone change to bear the cost which was approximately $8,000; another thing the property sits much higher than the property to the west so it sits out by itself kind of like an island and they are willing to fence or border the area so it would be offensive to the residential property located to the rear; he said B-3 zone was probably more than good planning dictates for the use of this property and the3 could accomplish the use of the property with B-lb and requested that a B-lb zone be granted he said they nad nothing specific in mind at present`. Mrs. Gene Eiden was present and said she lives on property abutting and they were opposed to the B-3 zone, she said they were not opposed to the property being used but were opposed to high density. There was no one else present wishing to be heard. President Postier declared the hearing officially closed. A motion was made by Larson, second by Strain, that the B-lb zone change be granted, that when construction was done that suitable fencing or shrubbery be put around the development and the City Attorney was instructed to prepare -the necessary ordinance; all voted in favor. Continued hearing on grading, surfacing, storm sewer and water main in 40th St. N. W. from llth Avenue N.W. to 660 feet east of the west line of Section 23-107-14. The estimated cost of this project is $85,956.40. Mr.Dan Castle was present representing the St. Andrews Presbyterian Church, he said they had plansfnr construction in this area and the sewer and water were necessary, -so they were in favor of this project; Mr.Gordon Gjdelten a member of the Board of Directors of the Summit Square Corporation, he said they 0 had the property north of 40th Street and had now gotten FHA approval and were ready to r Record of. Official Proceedings- of the Common Council of. the City. of. -:Rochester, Minn., April 19, 1971 0 proceed with construction so were very anxious to have this projected proceeded with. There was no one else present wishing to be heard. President Postier declared the hearing officially closed. A motion was then made byKamper, second by Strain, to proceed with the project; all voted in favor. The following appointments by Mayor Day were presented - reappointment of Dr. Malcolm K. Campbell as a member of the Housing Board of Appeals, term of office for two years and expires April 1, 1973; appointment of Emery T. (Buck) Jackson, John R. Philo and Rev. Erling M. Tungseth as members of the Community Relations Commission, term of office for three years and expires May 1, 1974.. A motion was made by Willmarth, second by Mayer, that the appointments be considered in block; all voted in favor. A motion was then made by Larson, second by Strain, that the appointements as presented be approved; all voted in favor. Upon motion by Willmarth, second by Strain, and all voting in favor, the request to extend the public sidewalk on the west side of Memorial Parkway S. W. across the frontage road and highway to the Apache Shopping Center was referred to the Public Works Committee. Pizza Hut of Rochester, Inc. is contemplating constructing a second "Pizza Hut" restaurant on South Broadway and are requesting preliminary approval of a 3.2 non -intoxicating malt liquor.on-sale license at this time so that a decision can be made to commence construction. Upon motion by Strain, second by McNary, and all voting in favor, the City Clerk was instructed to send the Pizza Hut of Rochester a letter stating the Council's intent to issue the above referenced license upon completion of the proposed building. The requests from RADAR, Rochester Area Drug Abuse Response that (1) the Council adopt a resolution authorizing the City to act as Grantee in receivingand administering in behalf of RADAR any funds received from the Governor's Commission on Crime Prevention and Control for the Comprehensive Community Drug Abuse program and (2) that the City make a contribution to help finance their first year of operation. Upon motion by McNary, second by Kamper, and all voting in favor, the City Attorney was instructed to prepare a resolution authorizing the City to act as Grantee.=' Upon motion by Larson, second by Strain, and all voting in favor, the request for finances was referred to the Finance Committee. Application of The Rochester Firefighters Civic Welfare Association for a permit to hold a dance at the Mayo Civic Auditorium on April 23, 1971. Upon motion by Willmarth, second by Larson, and all voting in favor, a resolution approving the said permit was adopted. Report from City Administrator that negotiations have been made to purchase perty at the corner of 1st Ave. S.W. and West Center Street, which is occupied presently the Skelly Oil Company Service Station; the offer by Skelly Oil Company was to sell this property for $203,000.00; this lot would be used for parking as part of the Mayor's Downtown plan. Mr. John Sebold, Executive Vice President of Industrial Opportunities, Inc. was present and read a letter from their Board of Directors requesting that the City postpone the purchase of additional lots until a solution to the financial dilemna of the Rochester Auto Park, Inc. is accomplished. Mr. Leon Shapiro of 439 - 15th Avenue S. W., Mr. Maurice Gintz of 1118 20th Street N. W., Mr. Alan Rich of 1150 Plummer Circle and Mr. Charles Pine I .• 1 1 • 0 • Record of Official Proceedings of the Common Council 40 of the City of Rochester, Minn., April 19, 1971 73 • 1 1 of 705 Memorial Parkway were all present and heard in opposition to the purchase of the.said lot. Alderman Strain stated that he felt $203,000 was too much to spend for one lot and made a motion that the City not purchase the Skelly lot; Alderman Larson seconded the motion. A motion was then made by McNary, second by Kamper, that this matter be tabled for two weeks, all voted in favor. A report from the City Administrator stating that Mr. Robert Springer is requesting a variance from the Building Code as it relates to the Midway Building at 602 - 2n, St. S.W., he wishes to convert office space in this building into apartments, presently the exterior wall of this building is only one foot from the property line and Section 504 (b) of the Building Code prohibits windows or exterior walls closer than three feet from the property line. The Building Code Board of Appeals considered this.request on March 23, 1971 and a motion to deny the appeal ended in a tie vote; the Board again considered this matter on March 24, 1971 and voted to grant this appeal "provided that Mr. Springer acquire a right to use a minimum of 3'.x 36' of the adjoining property as a non -buildable area to meet the Rochester Building Code Requirements" and Mr. Springer maintains that he has been unable to acquire this right. President Postier stated that he had received a call from the City Attorney that the City Council is not in a position to review a decision given.out by the . Building Code Board of Appeals, he said he felt that the Council should be the last word on such decisions and was under the impression that they were; he also said that Mr. Springer had not been able to get an easement for the adjoining property and in view of this thought the Board of Appeals should again consider this with that information. A motion was made by .Mayer, second by Strain, that the City Attorney be instructed to prepare an amendment to the Building Code that the Common Council be empowered to review after the Board of Appeals.make a recommendation (the Common Council be the last say); all voted in favor. A motion was then made by Willmarth, second by Strain, that this matter be referred back to the Building Code Board of Appeals.without a recommendation, all voted in favor. The City Engineer was informed that it will be necessary to hold a public hearing on the 2nd Avenue N. E. from 2nd St. N.E. to 7th St. N.E. if the City expects to get Topics financial aid on its construction. Upon motion by Larson, second by Strain, and all voting in favor, May 24, 1971 at 7:30 o'clock P. M. was set for a,4public hearing on the construction on 2nd Avenue N.E. from 2nd St. N.E. to 7th St. N.E. Upon motion by McNary, second by Strain, and all voting in favor, a five minute recess was declared at 10:05 P. M. The meeting was called to order again at 10:10 P. M. with all members being.present. The following bills introduced in the Minnesota Legislature were presented to the Common Council for action: A. S. F. 1157 gives townships with a population of 400 or more the same power:.that the Council of incorporated villages have. Upon motion by Larson, second by Strain, and all voting in favor, a resolution was adopted opposing this bill and the City Clerk was instructed to forward copies of this resolution to our Senator and Representatives. 0 r74 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., April 19, 1971 0 H. F. 193 requires all proposed special assessment improvements to be recorded in the records of the County Auditor. Upon motion by Strain, second by Mayer, and all voting in favor,. a resolution was adopted opposing H. F. 193 and the City Clerk was instructed to forward copies of this resolution to our Senator and Representatives. H. F. 313 establishes a county court system and eliminates the municipal courts. Upon motion by;Kamper, second by Strain, and all voting in favor, a resolution was adopted requesting that this bill be amended to provide that all income from traffic fines from the City of Rochester and 50 percent of fines received for other offenses committed within the City be returned to the City to help finance the cost of law enforcement provided by the City of Rochester and the City Clerk was instructed to forward copies of this resolution to our Senator and our Representatives. S. F. 113 relates to membership on the regional planning commission. No action was taken on this bill. H. F. 1136 puts the state back into the personal property tax picture. Upon motion by Willmarth, second by Kamper, and all voting in favor, a resolution was adopted opposing this bill and the City Clerk was instructed to forward copies of this resolution to our Senator and our Representatives.. H. F. 1864 would establish water user fees and incentives for improved regulations of water appropriation. Upon motion by Willmarth, second by Mayer, and all.voting in favor, a resolution was adopted opposing this bill.and requesting not to include municipal utilities within the provisions of H. F. 1487 which proposes to levy a tax of 15% on gross earnings of electric utilities for apportionment to counties, school districts, and other governmental units within which an electric utility is located and the City Clerk was instructed to forward copies of this resolution to our Senator and our Representatives. S. F. 1204 would freeze property tax levies by municipalities, schools and other political subdivisions at their 1970 assessment payable in 1971. Upon motion by Willmarth, second by Larson, and all voting in favor, a resolution was adopted opposing this bill, and the City Clerk was instructed to forwar& copies of this -resolution to our Senator and our Representatives. H. F. 1119 (S.F. 811) provides that 2% of motor vehicle.insurance premiums be dedicated to police pension funds. Upon motion by Larson, second by Kamper, and all voting in favor, a resolution was adopted requesting that this bill be enacted into law and the City Clerk was instructed to forward copies of this resolution to .bur•. Senator and our Representatives. Upon motion by Strain, second by Willmarth, and all voting in favor, permits were granted to Lysne Construction Company to (1) move a building from 1217 15th Avenue S. E. to outside the city limits and (2) move a building from 1437 12th Street S. E. to 1223 15th Ave. S. E. .Applications for cigarette license of Richer Automotive Mobil, Henry's Drive In, Happy Warrior, Superamerica, Madson's Standard and Beltline Cafe and applications for theatre license of Cinema "21", Lawler, Time, Chateau, Oakview and Outdoor Drive -In. Upon motion by Larson, second by Kamper, and all voting in favor, the licenses were all granted. City -County Street Improvement Agreement to participate in the constructions costs of the proposed 7th Street N. W. improvements between llth Avenue N. W. and Valleyhigh Drive, which is also designated as County State Aid.Highway #33. Upon motion by Willmarth, second by Larson, and all voting in favor,.the City Attorney was instructed to .prepare a resolution authorizing execution of the said agreement. Recommendation that the Council initiate a.local improvement project extending water and sewer to the R.E.A. site, the estimated cost is $143,342.00. Upon motion by Strain, second by Larson, and all voting in favor,. the recommendation was accepted and resolutions were adopted (1) referring proposed improvement for feasibility report and recommendation and (2) resolution receiving preliminary report and ordering a public hearing and directing -preparation of plans and specifications. Recommendation to engage McGhie & Betts to provide plans, specifications and • 11 1 CI 1 engineering inspection of the sewer and water extensions within the Minnesota Bible College r� Record of Official Proceedings of the ' Common Council 75 of the City of Rochester, Minn., April 19, 1971 1 0 J • Addition. Upon motion by Larson, second by Strain, and all voting in favor, the City Attorney was instructed to prepare a_resolution authorizing execution of the said contract Recommendation of Finance that the City Council engage the firm of•EbAsco Services Inc. as insurance consultants for one year and that the City accept the quotations Number 1; 4 and 5 on the Auto (fleet) policy to be renewed May 1, 1971 (quotat- ions attached). Upon motion by Larson, second by McNary, and all voting in favor, the quotations were accepted and the City Attorney was instructed to prepare a resolution authorizing execution of the contract with Ebasco Services Inc. Tabulation of Bids received on the following: 1. Season's supply of crushed Quartzite. Only one bid of New Alum Quartzite Quarries in the amount of $5.99 per ton in railcars and $6.90 per ton in truckloads was received. Upon motion by Larson,.second by Willmarth, and all voting in favor, the bid was accepted and the Mayor and City Clerk authorized and directed to execute the contract. 2. Season's supply of Road Oil and Cutback Asphalt L.N.Sickels Co. Great Northwestern Northern Co. Refining Co. Road Oil, SC-70, SC250, SC3000 -- -- .1457 per gal. Medium cure cutback asphalt -- .1582 per gal. .1557 per gal. Rapid cure cutback asphalt -- .1607 per gal. .1582 per gal. Cationic asphalt emulsion CRS1 or 2 .1597 per gal. -- -- Upon motion by McNary, second by Kamper, and all voting in favor, the low bid of Northwestern Refining Co. for the road oil, rapid cure and medium cure cutback asphalt and the low bid of L. N. Sickles for the cationic emulsion were accepted and the Mayor and City -Clerk were authorized and directed to execute the contract. 3. Season's supply of Plant Mixed Bituminous Sullivan Rochester Construction Co. Sand & Gravel #2341 bituminous, fob plant 6.65 per ton 6.50 per ton• #2351 bituminous fob plant 8.75 per ton 8.60 per ton ton -miles of hauling .16 per ton -mile .14 per ton -mile # 2341 bituminous laid and rolled in place 10.00 per ton 8.95 per ton Upon motion by Strain, second by Willmarth, and all voting in favor, the low bid of Rochester Sand & Gravel Company on all items was accepted and the Mayor and City Clerk.were authorized and directed to execute the contract. 4. Season'ssupply of washed sand, gravel and crushed rock Quarve Rochester Paulson Anderson Co. Sand & Gravel Rock Products washed sand, fob pit 1.75 per cu. yd. 1.70 per cu.•yd. -- washed sand, delivered 2.50 per cu. yd. 2.45 per cu. yd. -- pit run gravel, fob pit 1.75 per cu. yd. 1.60 per cu. yd. pit run gravel, delivered 2.50 per cu. yd. 2.45 per cu. yd. crushed rock, fob quarry 1.75 per cu. yd. -- 1.70 per cu.yd crushed rock, delivered 2.65 per cu. yd. -- 2.65 per cu.ydi *Quarve & Anderson submitted an additional bid for 1�"cruehed rock, fob pit 1.25 per cu. yd. 1�" crushed rock delivered 2.15 per cu. yd. Identical bids of Quarve -Anderson and Paulson Rock Products for crushed rock delivered was determined by the flip of a coin and Paulson Rock Products won: Upon motion by Kamper, second by Willmarth, and all voting in favor, the bids of Rochester Sand & Gravel for washed sand and pit run gravel and Paulson Rock Products for crushed rock were accepted and the Mayor and City Clerk were authorized and directed to execute the contract. 5. Three 25,500 GVW Truck Chassis, two for the S & A Department (replacements) and one for the Sewage Treatment Plant and one 50,000 GVW Truck Chassis for the Sewage Treatment Tank Truck. Selby Truck Universal Truck Clements Sales Ford Service Co. Chevrolet 3 25,500 GVW Chassis 17,890.43 19,143.16 23,019.00 21,386.88 Less allowance for trade ins 1,895.43 1,000.00 4,921.26 3,000.00 15,995.00 18,143.16 .18,097.74 18,836.88* *error in subtraction 1 50,000 GVW truck chassis 12,111.00 13,675.00 16,956.00 No bid Upon motion by Larson, second by Strain, and all voting in favor, the low bids of Selby Truck Sales were accepted and the Mayor and City Clerk instructed to execute the contract. Record of. Official Proceedings of the Common Council of the City of Rochester, Minn., April 19, 1971 6. Three Dump Truck Boxes for the above 25,500 GVW Chassis-: Chas. Olson & Sons, Inc. - $5,165.20; MacQueen Equipment Co., $4,179.00; Garwood Twin Cities - $3,945.00 and L. L. Dewey Co. - $3,405.00. Upon motion by Kamper, second by Willmarth, and all voting in favor, the bid of L. L. Dewey Company was accepted and the Mayor and City Clerk were authorized to execute the contract. 7. Replacement of roof on Digester # 3 and # 4 at the Sewage Treatment Plant.' Using # 2 pine Hanson Builders-.$5,831.00; The Kruse.Co. - $7,433.10; Weis Builders, Inc. - $6,285.00 and Floyd Larson Construction - $7,459.00; Using #1 Fir Floyd Larson Construction $8,730.00. except Larson who "abstained", Upon motion by Strain, second by Mayer, and all voting in favor,/the bid of Hanson Builders was accepted and the Mayor and City Clerk were authorized and directed to execute the contract. Recommendation of Personnel Advisory Committee to change the City Policy to include residency border to Olmsted County. Upon motion by Strain, second by Larson, and all voting in favor except President Postier who voted "nay", the recommendation was accepted and the City Attorney was instructed to prepare the necessary resolution. A motion was made by McNary, seconds by Larson, and passed ucanimously, the semi- monthly bills in the amount of $74,553.58 were ,approved. Request for authorization to park a porta panel on Apache Mall Shopping Center. Upon motion 6y Kamper, second•by Strain, and all voting in favor, the request was approved. A motion was then made by Willmarth, second by'Larson, that the City Attorney be instructed to prepare an amendement to the ordinance that these requests -for porta panels be approved by the Zoning Department and not have to come to the Council for approval; all voted in favor. Recommendation to amend the City's Land Use Plan by designating lands along the East side of U. S. 52 north in Allendale Subdivision as being best suited for medium density residentail use, was tabled until May 3, 1971.: Recommendation of Planning Department that the following properties currently designated as a Rural Service District be placed in the Urban Service District because they have now been platted: Block 4, Apache Mall Shopping Center Subdivision; Meadow Park Eighth Subdivision; Bracken Mead.Second Subdivision; Summit Square First Subdivision and Pennington First Subdivision.. Upon motion by Willmarth, second by Mayor, and all voting in favor, the City Attorney wi as nstructed.to prepare the necessary resolution. • f Recommendation of Planning Department that the following described properties recently annexed to the City be designated as Rural Service District: Hunt, Dashow, Toddie, Davies and Weichselbaum property around Pinewood School and Doughboy property (old turkey farm). Upon motion by Willmarth, second by Strain, and all voting in favor, the City Attorney was instructed to'prepare the necessary ordinance. The recommendation of the Heating, Ventilating and Air Conditioning Board of Review recommends that Section 94.080 be amended as follows for clarification purposes:' 94.080 Room Heaters (1) Installation in Sleeping Quarters. Room heaters installed in bedrooms • or sleeping quarters shall be of the direct vented type having a sealed -combustion chamber provided with outside air for combustion and vented -directly to -the atmosphere: Units with draft diverters, which open into • the occupied space, thus making it possible for products of combustion to enter the heated space,'will not be allowed. Upon motion by -Willmarth, second by Mayer, and all voting in favor, the City Attorney was 1 [1 1 • 1 0 Record of Official Proceedings of the' Common Council of the City of Rochester, Minn., April 19, 1971 1 1 • P J instructed to prepare an ordinance so amending the code. Resolution approving public utility resolution authorizing leave of absence for Maxine Klingsporn, Billing Machine Operator I. Upon motion by Willmarth, second by Strain, and all voting in favor, resolution adopted. Resolution approving public utility board resolution authorizing the Mayor and City Clerk to execute a change order to contract with Worthington Corporation for surface condenser and auxiliary equipment. Upon motion by Willmarth, second by Mayer, and all vot in favor, resolution adopted. Resolution amending Employment Policy adopted January 6, 1971, first sentence of Section 2 (b) residence requirements (1) except as hereinafter provided, all employees of the City must reside within the territorial limits of Olmsted County. Upon motion by Willmarth, second by Kamper, and all voting in favor, resolution adopted. Resolution designating'hll that part of the Southeast Quarter of Section 22, Township 107 North, Range 14 West less the following - Elton Hills 1st, 2nd 5th and 8th Subdivisions, Crescent Park 1st, 2nd, 3rd, 4th, 5th, 6th, 7th and 8th Addition, and Tower Terrace Subdivision, in the Rural Service District effective with the taxes due and payable in 1970. Upon motion by Larson, second by Kamper, and all voting in favor, resolution adopted. Resolution amending Parking Ordinance No. 871 as follows: Section B, No Parking Zones, Paragraphs (146) and (147) are amended in their entireties to read as follows: (146) Seventh Street Northeast on the south side of the street from Broadway to a point 280 feet more or less east of Broadway at all times." (147) Seventh Street Northeast on the north side of the street from North Broadway to a point 150 feet more or less east of Broadway at all times." Upon motion by Larson, second by.Willmarth, and all voting in favor, resolution adopted. Resolution terminating lease agreement of certain premises at the Rochester Municipal Airport Fuel Flowage Agreement with Gopher Aviation, Inc. and authorizing Mayor andl City Clerk to execute same. Upon motion by Larson, second by Willmarth, and all voting in favor, resolution adopted. Resolution granting variance to use R-1 property as a twin-plex at 1424-1426 loth Avenue N. W. Upon motion by Willmarth, second by Strain, and all voting in favor, resolution adopted.. Resolution vacating utility easements in Apache Mall, Subdivision, Lot 2, Block 1.1 Upon motion by Larson, second by Willmarth, and all voting in favor, resolution adopted. Resolution requesting the Public Service Commission of the State of Minnesota to change rate to 10 miles per hour as maximum speed for trains and engines operating on the Chicago and Northwestern Ry. Company tracks between 2nd Avenue N. E. and 6th Avenue N. W. Upon motion by Willmarth, second by Mayer, and all voting in favor, resolution adopted. Resolution approving supplement No. 6 to License FA67CE-4023 revising site description for remote Transmitter Facility at Rochester Municipal Airport. Upon motion by 0 rr8 Record of Official Proceedings of the 'Common Council of the City of Rochester, Minn., April 19., . 1971 Strain, second by Mayer, and all voting in favor, resolution adopted. Resolution instituting condemnation proceedings for acquisition of a permanent easement for public street purposes across right-of-way of C.N.W. Ry. Company"for the extension and improvement of 9th Street S.E. between 3rd Avenue S.E. and Broadway South. motion by Strain, second by Mayer, and all voting in favor, resolution adopted. Resolution granting variance to extend the time limit for restoring a damaged building at 406 3rd Avenue S.E. Upon motion by Mayer, second by Willmarth, and all voting in favor, resolution adopted. Resolution granting variance to permit construction of an addition to the dwelling extending into the rear yard at 4102 5th Place N. W. Upon motion by Willmarth, Isecond by McNary, resoltuion adopted, all voted in favor. Resolution granting variance to permit a two-family dwelling at 1115 9� Avenue S. E.� Upon motion by Strain, second by Willmarth, and all voting in favor, resolution adopted. Resolution approving trailer coach park plan at 7th Street N. W. - Mobile Home. Upon ion by Willmarth, second by Larson, and all voting in favor, resolution adopted. Resolution granting variance to permit the construction of a solid ground sign in front of the building line at 2112 Viking Drive N. W. Upon motion by Willmarth, second McNary, and all voting in favor, resolution adopted. Resolution authorizing Mayor and City Clerk to execute a consent of easement lder whereby City consents to the extinguishment of access to T. H. 52 from.the IBM Premises. motion by McNary, Second by Mayer, and all voting in favor except Willmarth and Strain abstained, resolution adopted. Resolution granting variance to permit construction of a wall sign extending a height of 7 feet above the parapet wall of the building on premises known as K-Mart ty Shopping Center. Upon motion by Strain, second by iarson, and all voting in favor, solution adopted. Resolution authorizing the City of Rochester to act as grantee for RADAR of lmsted County Inc. Upon motion by Willmarth, second by Strain, and all voting in favor, (resolution adopted. An Ordinance rezoning certain property and amending the Zoning Ordinance of Ithe City of Rochester, Minnesota (changing north 505.5ft of Sk of NWk Sec..215-107-14 which lies westerly of T. H. 63 to B-lb Neighborhood Business District.- Bdwy between 3rd Avenue 23rd St. N.E.) was given its first reading. An Ordinance relating to Wet Standpipes and amending Section 3805 of the hester Building Code as enacted by Ordinance No: 1455, was given its first reading. Upon motion by Willmarth, second by McNary, and all voting in favor, the inance regarding soliciting was referred to the Public Safety Committee for review and ecommendation. 11 1 0 L� 0 1 9 Record of Official Proceedings of the Common Council 79 of the City of Rochester, Minn., April 19, 1971 Upon motion by Larson, second by Strain, and all voting in favor, theCity Attorney was instructed to prepare (1) resolution requesting that special legislation be enacted making the City of Rochester and Villages in the County of Olmsted a part of the Upper Zumbro Soil and Water Conservation District and (2)Resolution whereby the City of Rochester and the Upper Zumbro Soil and Water Conservation District endorse a southeastern Minnesota Resource and Development project. Upon motion -by Larson, second by Strain, and all voting in favor, the meeting was adjourned. 1. 2. 3. 4. 5. • 1 City Clerk INFORMATION Minutes of Standing Committees 4/12/71 A public hearing will be held May 6, 1971 at 10:00 a.m. in the County Court House concerning "annexation to the airport" which was approved by the Council May 4, 11 Notice of Injury - Mrs. Elmer Arch, Jr. (referred to Insurance and Attorney) Referred to Planning and Zoning: ;f a. petition to rezone property on the corner of 5th St. N.W. and llth Ave. N. W. from R-3 to B-lb (Phillips Petroleum Co. - Northgate 66) b. application for a variance 713 - 10th St. S.W. (Vivian M. Ibach) c. application for a variance to vary the sign height requirements on property located at 16th Avenue N.W. and 5th St. (Standard Oil Service Station Robert L. Livett) d. application to vary the side yard requirements on property located at �I 1411 - 14th Avenue N. E. (John Sibley) I� e. application for variance to allow a portion of a proposed building to` overlap City property - 608 7th St. N.W. (John Hoisington) f. application for variance to vary the sign area requirements at 417 - 6th iI St. S. W. (Rodney A. Young) Letter from Planning Commission re: Wilmar Enterprises proposal to buy City property (referred to Finance Committee).