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HomeMy WebLinkAbout05-03-1971Record of Official Proceedings of the Common Council of. the City. of Rochester, Minn., May 3 , 1971 Minutes of a regular meeting of the Common Council of the City of Rochester, iMinnesota, held in;ahe Council Chambers in the City Hall, in said City, on May 3, 1971. President Postier called the meeting to order at 2:00 o'clock P. M., the !following members being present: President Postier, Aldermen Kamper, Larson, Mayer, McNary, ;Strain, Willmarth. Absent: None. Upon motion by Kamper, second by Willmarth, and all voting in favor, the minutes lof the meeting held on April 5, 1971 and April 19, 1971 were approved. The following appointments by Mayor Day were read: Members of the Mayor's Youth JActivities Committee, term of office to be for one year and expire February 2, 1972- At Large, Mrs. Lyle A. Johnson; 1st Ward - Stanley Whiting; 2nd Ward - Mrs. Donald T. Franke; 3rd Ward - lRobert W. Blake; 4th Ward - V. J. Trotter, Jr.; 5th Ward - Craig C. Sheets; -Mrs. Keith sDraves of the 6th Ward (all members were reappointments.except'V: 'J.. Trotter .who replaces Donald.Berg .'iof the 4th.Ward). Mayor Day requested that these appointments be held as he wished to go over them again. Upon motion by Kamper, second by Willmarth, and all voting in favor, the same were Itabled. li Request of Stanley Guth of Builders Land Company to vacate a portion of-3rd Avenue IN. W. from the south line of the Zumbro Drive south to the presently vacated section of 3rd Avenue i i1which point is approximately 126 feet north of 26th Street N. W., access to both the north and ,1south points of this section of 3rd Avenue are blocked; a petition has been presented to the jj l;Board of Cascade Township for the vacation of the portion of 3rd Avenue which -lies within their jurisdiction. Mr. Guth was present and stated. they were working with the Township Board on the ;S flother half of the vacation and would like to have it done simultaneously so he requested that isome action be taken ordering a hearing. C. A. Armstrong, City Engineer, said the roadway was { �jnot being used by the public so he would have no objections to the vacation. Tom Moore, Planning 'Director, said their department had nobjections to it as such but they felt that it was tied up 1with another matter and that is the dedication for right-of-way for the extension of the West (River Parkway along the west side of Zumbro River and thought the property owners should give some sort of letter indicating their willingness to dedicate. Mr. Guth said the property owners ;had agreed they would dedicate and now it was just a matter of getting the correct description land iron out the details and he would take care of getting such a letter. Upon motion by ;Larson, second by Willmarth, and all voting in favor, the City Attorney was instructed to prepare la resolution ordering a hearing on the requested vacation. Petition for sidewalk on the south side of 29th Street N. W. from 12th Avenue N.W. Ito 15th Avenue N.W. Upon motion by Strain, second by McNary, and all voting in favor, a (resolution was adopted referring the petition to the City Engineer and Public Works Committee (for feasibility report and recommendation. Petition for sidewalk on both sides of 26th Street N. W. from 14th Avenue N. W. Ito 15th Avenue N. W. Upon motion by Willmarth, second by McNary, and all voting in favor, a resolution was adopted teferring the petition to the City Engineer and Public Works Committee Ifor feasibility report and recommendation. (Also a petition of protest was received and referred) • 1 1 9 • Record of Official Proceedings of the Common Council of the City of Rochester, Minn., May* 3. 1971 -- --- -- -- --__ --- 1 • 1 1 0 f- Petition for extension of sanitary sewer and water main across T. H. 52 at i Eastwood Road S. E. in connection with the proposed extension to Parkside Trailer Court and!. Doughboy properties. Upon motion by McNary, second by Strain, and all voting in favor, a resolution was adopred referring the petition to the City Engineer and the Public Works Committee for feasibility report and recommendation. Petition for sidewalk on the north side of 15th Street N. W. from Valleyhigh Drive west to the City limits. Upon motion by Kamper, second by Larson, and all voting in favor, a resotion was adopted referring the petition to the City Engineer and the Public Works Committee for feasibility report and recommendation. Letter from Mr. Hugget, Manager of the Libby McNeill Libby Plant requesting postponement of the 3rd Avenue S. E. street improvement project from 12th Street to 16th Street S. E. until the spring of 1972 so that at least the major part of it could be completed before they start processing freshovegetables. The City Engineer reported that it is not vitally necessary to complete the entire project in 1971, the problems that it would present to Libby's could be alleviated by contracting the project as proposed, working only on the section south of 14th Street during the corn canning season, installing the underground utilities from 12th to 14th Street after the corn canning season ends, and postponing that section of the roadway construction until 1972 when it could be substanti- ally completed by the first of July- A motion was made by Alderman Larson that the City schedule this work on 3rd Avenue for two seasons and the area from 12th to 14th Street be scheduled for early construction in early 1972; Alderman Willmarth seconded the motion and all voted in favor thereof, except Alderman Strain who voted "nay". Mrs. June Davis of the Peace Center was present and requested a permit to hold a parade on Memorial Day after the one that is usually conducted byc=;the Legion and V.F.W. Upon motion by Larson, second by Strain, and all voting in favor, the matter was referred tc the Public Safety Committee. The Minnesota Highway Department is considering improving T. H. 63 from 23rd St. N. E. to 0.5 miles north of jct. 37th St. to a four1lane divided highway and has requested the Council's recommendation as to the various alternates to undertake; the Committee of Whole recommend that the Council advise the Minnesota Highway Department to proceed with t east alternate as previously presented. A motion was made by Larson, second by Willmarth, that the recommendation be accepted and the City Clerk was instructed to notify the District Office of the Minnesota Highway Department of the Council's action; all voted in favor except President Postier who "abstained". Mr. John Hoisington of John's Aluminum Company is remodeling his building at 608 - 7th Street N. W. and in order to complete a mansard roof, a portion of the eave of said roof will overlap City property approximately 12 inches at a height approximately eight feet above the surface of the ground, the city property in question is Cook Park. A letter from the Park Department indicating that they have no objections to this encroachment. Mr. Hoisington was present and showed pictures of the proposed building and requested that his • Record of. Official Proceedings of the Common Council of the City of Rochester, Minn., May 3, 1971 1�1 request be granted. A motion was made by Strain, second by Kamper, that his request be approved based on the revocable permit clause and the City Attorney was instructed to prepare I� `the necessary resolution, all voted in favor. ! Request of Kenneth Link, Juvenile Officer in the Rochester Police Department, requesting a dance permit for a dance to be held at the National Guard Armory on May 7, 1971 from 8:30 P. M. to li:30 P. M.* (The proceeds going to assist the mentally retarded children at the State Hospital and Assissi Heights). Upon motion by Larson, second by Mayer, and all voting in favor, his request was approved and the dance license granted. Upon motion by Willmarth, second by Strain, and all voting in favor, the City Attorney was instructed to prepare the necessary ordinance authorizing the City Engineer to post seasonal load restrictions upon City streets as he deems necessary. Upon motion by Larson, second by Strain, and all voting in favor, the following license applications were approved and the City Clerk was instructed to issue the licenses. License to sell cigarettes of Osco Drug, Inc.; license to erect and maintain signs of Vogel Outdoor Advertising; General Refuse Collector License of Fred Vagt; license to construct sidewalks, curb and gutter and driveways of Robert DeWitz; and transfer of ambulance license of Gold Cross Ambulance from a 1967 Cadillac Ambulance to a 1970 Cadillac Ambulance. Recommendation of Public Works Committee to initiate a local improvement project for grading and surfacing East River Road (3rd Ave. N.E.) from 24th Street N. E. to 110 feet north of 27th Street N.E. Upon motion by Willmarth, second by Strain, and all voting in favor, the recommendation was accepted and two resolutions were adopted (a) resolution referring improvement to City Engineer and Public Works Committee for feasibility report and recommendation and (b) resolution receiving preliminary report, ordering a public hearing and directing preparation of*piaAs and specifications. Feasibility report of City Engineer for street grading and surfacing, sanitary sewer and water main in 20th Street N. W. between 21st Street N.W. and the west line of Northgate 8th Subdivision t6t'(1) all construction applicable to the new subdivision be done by the owner or proprietor at his expense and (2) the grading, surfacing, sewer and wtermains in 20th St. be done as a local improvement project and assessed to both sides of the street, the estimated cost is $22,531. Upon motion by Strain, second by Willmarth, and all voting in favor, the report was accepted and a resolution was adopted receiving the report, ordering a public hearing and directing preparation of plans and specifications. Tabulation of bids for improvements on 7th Street N.W. from llth Avenue N.W. to Valleyhigh Drive and on Valleyhigh Drive N.W. from*7th to 14th Street N.W. The following bids were received: Sullivan Construction Company - $380,266.70; Riverside Sand &Gravel Company - $343,347.03; Doyle Conner Company - $345,784.38; Rochester Sand & Gravel Company $344,940.00; and Winona Plumbing Company $372,217.20. Upon motion by Willmarth, second by Mayer, and all voting in favor, a resolution was adopted accepting the low bid of Riverside Sand & Gravel Company. (The City Engineer reported that one requirements of the specifications was that the bidder must do atleast50% of the work themselves and read a letter from Riverside Sand & Gravel soRecommeA3ation of Traffic Engineering that a truck loading zone be established in • 1 1 0 • Record of Official Proceedings of the Common Council of the City of Rochester, Minn., May 3, 1971 i' 1 L 1 front of the premises known as 108 East Center STreet. Upon motion by Larson, second by McNary, and all voting in favor, the recommendation was accepted and the City Attorney was instructed to prepare the necessary resolution. Two resolutions (a) resolution declaring cost to be assessed and ordering prepara- tion of proposed assessment and (b) resolution ordering a hearing on the proposed assessment on each of the three following projects were presented: (1) Sidewalk on the east side of llth Avenue N.E. abutting Lots 5, 6 and 7 Duville 2nd and Lots 6, 7 and 8 and'19 Sawinski's First. Addition (2) concrete curb and gutter on both sides of 3rd Place N.W. from 36th Avenue N.W. to and including all 3600 and 3700 numbered lots and (3)curb and gutter on both sides of 5th Street S. W. from 15th Avenue to 16th Avenue S.'W. and west end vacated 5th Street S.W. and sidewalk replacements on the south side as required. A motion was made by Strain, second by Mayer, that the resolutions be adopted in block, all voted in favor. A motion was then made by Larson, second by Mayer, that the resolution be adopted as presented; all voted in favor. Resolution approving and accepting additional securities in collateral in -lieu of a depository bond from Northwestern National Bank (designation as city depository not to exce $3,033,000.00). Upon motion by Willmarth, second by Larson, and all voting in favor, the resolution was adopted. Upon motion by McNary, second by Willmarth, and all voting in favor, a resolution was adopted instructing the City Clerk to advertise for sealed proposals for furnishing one years supply of liquid chlorine for the Sewage Treatment Works. Tabulation of bids for one 11 cu. yd. self loading scraper for the City Landfill. Bids of Ziegler, Inc. $41,368.60; Road Machinery &Supplies $37,820.00; Geo. T. Ryan Company $36,591.00; Hall'Equipment Co. $36,189.00; Rochester Equipment Co. $37,969.75 and Borchert - Ingersoll Inc. $42,072.00. The recommendation was to accept the bid of George T. Ryan Company as the lowest bid meeting specifications. Mr. Wally Haaland of Hall Equipment Inc. was present and stated that they were the low bidder but there seemed to be some misunder- standing about the Internation DT-407 Enginer that is used in the E-211 Payscraper; he presented a letter from his Company stating that'to dispel any doubt about this engine application they would give a two year engine warranty. A motion was made by Willmarth, second by Strain, to bypass the low bid and accept the bid of the George T. Ryan Company; all voted in favor thereof except Alderman Mayer who voted "nay'. Upon motion by Strain, second by Mayer, and all voting in favor, the City Attorney was instructed to prepare a resolution authorizing and directing the Mayor and City Clerk to execute the maintenance agreement between the City of Rochester and Olmsted County for the use and maintenance of Graham Arena. This is basically the agreement worked out between the.two parties' in 1967 and under which the parties have been operating, however, a formal agreement has never been executed. Basically, the agreement calls for each party -to pay all expenses of operation and interior maintenance, including necessary equipment, supplie, utilities, wages of supervisory, mainteance and administrative personnel and all other expenses during the period which the arena is under their supervision and control and the 0 i Record of Official Proceedings of the Common -Council of the City of Rochester, Minn., May 3, 1971 County is to pay all major maintenance of capital repair and improvements. Recommendation of Planning and Zoning Commission that the.petition to vacate the Cul-de-sac South of Fifth Avenue and 20th Street N. E. be approved subject to (1) the City retain a utility easement 5 ft wide by 33 ft in length along the south line of 20th Street N. E. extended from the centerline of 5th Avenue N.E. to the west line of 5th Avenue N. E. and (2) a replat be prepared and filed with the City for approval, this will erase all exi6ting lot lines and create new ones and give the city and county a proper and permanent record of this area. Upon motion by Larson, second by McNary, and all voting in favor, the recommendation was accepted and.the City Attorney was instructed to prepare a resolution ordering a hearing on the proposed vacation. Recommendation of Planning and Zoning Commission to approve the petition to annex the west 40 acres of the south 70 acres of the South one half (S'k) of the Southeast One .Quarter (SE'k) Section 24, Township 107 North, Range 13 West (east of Rocky Creek Mobile Home Park). Upon motion by Willmarth, second by McNary, and all voting in favor, the City Attorney was instructed to prepare an ordinance annexing the'said land. Recommendation of Planning and Zoning Commission to approve the petition to annex the property located from Valleyhigh Drive N. W. to the Chicago Great Western Railroad north of 15th Street N. W. and that this property qualifies to be designated -as Rural Service District and recommend that it be so designated. Upon motion by Kamper, 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. Kenneth Thamert of 2042 Valley High Drive was present and said all the owners were in favor df being annexed as R-1. Recommendation of Planning and Zoning Commission.to approve the interchange at the intersection of proposed U. S. 52 and C.S.A. H. No. 1 (Simpson Road S. E.). Upon motion by Larson, second by Strain, and all voting in favor, the recommendation was accepted and the City Attorney was instructed to prepare a resolution to be sent to the Minnesota Highway Department concurring with this. Tabulation of bids for One 3,800 gallon•, tank for the Sewage Treatment Works. Bids of Brown Tank & Fabricating Company $3,161.00; Ruffridge Johnson Equipment Co. $6,375.00; and Arrow Tank & Engineering Co. $3,974.00. Upon motion by Strain, second by McNary, and all voting in favor, the low bid of Brown Tank & Fabricating Company in the amount of $3,161.00 was accepted. Recommendation of Planning Department stating that a bill has just been introduced in the legislature to give township residents in an area that is 60% or more surrounded by the City the right to vote for or against an annexation if the township objects and since Rochester has availed itself of the provisions to initiate such annexations in the past, it would seem advisable to keep this procedure as simple as possible, .yet contain adequate safeguards for the residents; the present procedure gives the Township Boards the right to object and then if the municipality wishes to proceed with the annexation it must reglgest the Minnesota Municipal Commission to hold a hearing on the matter.Upon motion by Larson, 1 • 40 Record of Official Proceedings of the Cbminon Council of the City of Rochester, Minn., May 3. 1971 1 U 1 1 • o. n second by Willmarth, and all voting in favor, the City Attorney was instructed to prepare the necessary paper to the Legislature expressing opposition to this bill and requesting that the current procedures be kept. Resolution authorizing and directing Mayor and City Clerk to sign the agreement between the City of Rochester and Ebasco Services Incorporated relative to risk management services. Upon motion by Kamper, second by Willmarth, and all voting in favor, resolution adopted. Resolution approving resolution adopted by the Public Utility Board authorizing the Mayor and City Clerk to execute release and indemnifying agreement between City, Worthington Corporation and Federal Insurance Company dated March 12, 1971. Upon motion by Strain; second by Mayer, and all voting in favor, resolution adopted. Resolution removing from the Rural Service District (1) Block 4, Apache Mall Shopping Center Subdivision (2) Meadow Park 8th Subdivision (3) Bracken Mead Second Subdivis (4) Summit Square First Subdivision and (5) Pennington First Subdivision. Upon motion by Willmarth, second by Kamper, and all voting in favor, resolution adopted. An Ordinance relating to Trailer Display Signs and the issuance of permits therefor; amending the "Zoning Ordinance of the City of Rochester, Minnesota, was given its first reading. A motion was made by Willmarth, second by Mayer, to suspend the rules and give the ordinance its second reading, upon roll call Alderman McNary voted "nay". Resolution placing a portion of the Doughboy property as being placed in Rural Service District, this would be applicable to taxes payable in 1971. Alderman Larson said the sewer had been extended primarily for the bulk of this property and now they wanted it put in rural service. A motion was made by Larson, second by Strain, that this be denied. A motion was then made by Strain, second by McNary, that this be tabled until the first meeting in September, 1971; all voted in favor. Resolution accepting dedication of permanent easements for public street purposes forming the south half of 20th Street N. W. from 20th Avenue N. W. to the west line of Section 27-107-14. Upon motion by Larson, second by Strain, and all voting in favor, resolution adopted. Resolution authorizing and directing the Mayor and City Clerk to execute an agreement between the County of Olmsted and the City of Rochester for the operation of the and maintenance of the Graham Arena. Upon motion by Willmarth, second by Kamper, and all voting in favor, resolution adopted. An Ordinance relating to streets and seasonal load restrictions thereon, Rochester Code of Ordinances Section 144.030 and adding a new section 140.900, was given its_ first reading. An Ordinance relating to Rochester Building Regulations and Room Heaters in Sleeping Quarters and amending Rochester Code of Ordinances, Section 94.080, was given its first reading. A motion was made by Larson, second by Kamper, and upon roll call all voted that the rules be suspended and in favor,/that the ordinance be given its final reading- A motionwas then made by Larson, dTV Record- of Official Proceedings of the Common Council of the_ City. of .Rochester, Minn., May, 3, 1971 E (second by Willmarth, that -the ordinance be adopted as read and all voting in favor, President IPostier declared the ordinance duly passed -and adopted. An Ordinance -rezoning certain property and amending the Zoning Ordinance of the City of Rochester, Minnesota from R-2 to R-4 and -from R-3 to R-4 (general area of from 2nd venue N. W. to llth Avenue N. W. between 1st Street.S.W. and C & NW Railway) was given its first reading. An Ordinance on the matter of the Board of Appeals under the Building Code. President Postier reported that he and Alderman Larson met with the members of the Board and (requested that this ordinance be tabled until a clarification could be worked out between the Board of Appeals and the Inspection Department and it seems they feel it could be worked out. (Upon motion by Larson, second by McNary, and all voting in favor, the matter was tabled. Mr. Swanson, City Attorney, reported that the Board of Appeals met on the request of Robert Springer on his property at 602 - 2nd Street S. W. and had approved the (variance. A letter from the Director of Building & Safety citing the following motion adopted by the Building Code Board. of Appeals was presented and ordered placed on file: "That Mr. Springer's appeal be granted with the understanding that the design and construction of the Springer property for which a' variation is hereby granted is subject to change and alteration at the owners expense if development on the adjoining property necessitates such changes and alterations. The granting of this variation shall not limit or effect the development and use of the adjoining property on the west side of the Springer Building." Upon motion by McNary, second by Strain, and all voting in favor, a recess was declared at 3:55 P. M. The meeting was called to order again at 4:10 P. M. with all members being present. Resolution including lands in the Rural Service District (lands in NEk of Section 13-106-14 - Hunt, Weichelsbaum property near Southport - 46 acres). Upon motion by Larson, second by.Kamper, and all voting in favor, resolution adopted. An Ordinance relating to Heating Installations in existing institutional and residential.:structures, and requiring compliance with building regulations, amending Rochester Code of Ordinances sections 85.021, 85.810 and 85.830, was given its second reading. A motion was made by Larson, second by Strain, that the ordinance be adopted as read and all voting in favor, President Pottier declared the said ordinance duly passed and adopted. An Ordinance relating to the Rochester Subdivision Ordinance and amending Rochester Code of Ordinances, Sections 41.101, 41.103, 41.109, 41.200, 41.201 and 41.203 was given its first reading. An Ordinance annexing lands located on the south side of 7th Street N.W. and along U. S. 52 north of 7th Street N. W. (Hall property, Peoples Natural Gas Property, Big Four Oil, Home Gas & Others) was given its second reading. A motion was made by Larson, second by Willmarth, that the said ordinance be adopted as read and all voting in favor, President Postier declared the said ordinance duly passed and adopted. 1 • 1 CJ 1 41 Record of Official Proceedings- of 'th`e Common Council 8 of the City -of -Rochester, Minn., ',May 3, 1971 ' 1 • 1 1 u I Resolution approving plans and specifications prepared by McGhie & Betts and authorizing an owner contract with the Minnesota Bible College Addition -for the installation of sanitary sewer and watermains in Lot 1, Block 1. Upon motion by Willmarth, second by Strain, and all voting in favor, resolution adopted. President Postier stated he would like to -ask for a vote or resolution but would not ask for it at the•present time but would like to -state what he had in mind; when we voted on annexation of a strip of land extending to -the airport, one of our prime objections for taking in this long stretch of land with its high expensive extension of sewer Vasto provide a sewer system for the airport; you all read -the local news media andyou see at the present time you -have about 60 days grace and we will have a -sewer system in at the airport, a lagoon system which of course at that time we knew had been approved -by the local health department, state, etc. Well, this approval is now a fact so you might give some thought to,l if you so desire, to having a resolution not supporting the annexation of this -land to the airport and as -you know the Municipal Commission will be meeting on this on May-6th, 3-days from now, so any action should be taken soon. (It was noted that the hearing of the Munici Commission had been postponed). A motion was made by Larson; second by Kamper, that Item G-1 the Purchase of the Skelly Lot (which was tabled at the last meeting) be removed from the table; all voted in favor. The original motion made -on April 19,,1971.by Strain, and second by Larson, that the City not purchase the Skelly lot was again before the Council, Upon roll call and all voting in favor except President Postier who "abstained", the motion was carried. A motion was then made by Larson, second by Strain, that the parking be retained on Broadway and all voting*in favor, the motion was carried. President Postier stated that he whol&eartedly opposed taking parking off of First Street S. W. without putting back any other parking. A motion was then made by Larson, second by McNary, that the engineering firm be instructed to cease any further planning for the Broadway Improvement and all voting in favor, the motion was carried. A motion was then made by Larson, second by Strain, that we not purchase the lots on Broadway and 3rd Street S. W. and all voting in favor except Alderman McNary who "abstained", the motion was carried. Recommendation of the Public Works Committee that the City's Land.Use Plan be amended by designating lands along the east side of U. S. 52 North in Allendale Subdivision as being best suited for medium density residential use. Upon motion by Willmarth, second by Larson, and all voting in favor, the recommendation was approved. Upon motion by Larson, second by Mayer, and all voting in favor, the meeting was adjourned until 7:30 o'clock P. M. Record of. Official Proceedings of the Common Council of. the City of .Rochester, Minn., May 3, 1971 President Postier called the.meeting to order at 7:30 o'look P. M., the following members being present: President.Postier, Aldermen.Kamper,,Larson, Mayer,.McNary, Strain, Willmarth. Absent: .None. Hearing on Sidewalk Project.#1-1971 - N. side 33rd St. N.W. from 19th Ave. to 22nd Ave. N.W. Both sides 20th Ave. N.W. from 33rd St. to 37th_St. N.W. East side 21st Ave. N.W. from 33rd St. to 37th St. N.W. West side 21st Ave. N.W. from 33rd St..to 36th St. N.W. East side 22nd Ave. N.W. from 33rd St. to 36th St. N.W. South side 36th St. N. W. from 22nd Ave. to 21st Ave. N.W,. A petition with 22 signatures opposing these sidewalks along 22nd Ave. N.``:W. and 36th St. N.W. and east and west side of 21st Avenue iQ„oW:•was presented and placed on file. Mr. Roger Kline of 2116 - 36th Street N. W.; Mr. Warren McCullough of 1833-33rd Street N. W.; Mr. Gary Harmon of 3534-20th Avenue N. W.; Mr. Ronald Madden of 3403-21st Avenue N.W.; Mr. Robert Nordstrom of 3412-22nd Avenue N. W.; Albert Walz of 715 - 15th St. S.E.; Mrs. LaVoice Swensno of 3523- 21st Avenue N.W.; Mr.Andy Anderson of 3318-20th Avenue N.W. and Mr. Donald Van Ryn of 2618- 9th Avenue N. W. were each heard in opposition to the project, at their addresses. There was no one else present wishing to be heard. President Postier declared the hearing officially closed. A motion was made by Kamper, second by Strain, to proceed with the project but delete the sidewalk proposed on both sides of 21st Avenue N. W., all voted in favor except Alderman Larson who "abstained" and Alderman Willmarth who voted "nay". Hearing on Sidewalk Project # 2-1971 - North side of 33rd St. N.W. from 18th Ave. to 19th Ave. N. W. East side of 19th Ave. N.W. from 33rd SY. to 2 l8ts North of 35th St. N.W. Both sides of 34th St. N.W. and 35th St.N.W. from 18th Ave. to 19th Ave.N.W. A petition with 17 signatures opposing the project on both sides of 35th Street N.W. from 18th to 19th Avenue and a letter from Jim Geyer of 3305 18th AVenue N.W. opposing were each presented and placed on file. Mr. Glenn Himrich of 1833-34th St. N.W.; Mrs. Edward Porwit of 1840-35th Street N.W.; Joseph,Endrizzi of 1816-34th St. N.W. and Mr. Caryl Dickinson of 3317-18th Avenue N. W. were each heard in opposition to the project in front of their property. There was no one else present wishing to be heard. President Postier declared the hearing officially closed. A motion was made by -Strain, second by Willmarth, to proceed with the project. A motion was made by Kamper, second by McNary, to amend the above motion to delete sidewalk on both sides of 34th and 35th Street from 18th to 19th Avenue N.W. and Larson, Mayer, Strain, Willmarth and Postier voting "nay" and Kamper and McNary voting "aye", the motion to amend was lost. A vote was then taken on the motion to proceed and all voting in favor thereof, exeept Alderman Kamper who voted "nay", the motion,tot_proceed`twas adopted. Alderman Willmarth said it had been pointed out by the City Attorney that these Council initiated projects took a 6/7 vote and on Project ,ill because we had one "abstain" the vote should be taken over; he said when he voted "nay" he was under the impressing that he was voting only on the part to delete part of the project. A motion was then made by Willmarth, second by Strain, to reconsider the motion on Sidewalk Project #1-1971 and all voted in favor of the motion. The two Aldermen making the originol motion withdrew their motion and second. A motion was then made by Mayer, second by Willmarth to proceed with the project. 1 C� l 1 • LJ 0 OP: a_ Record of Official Proceedings of the Common Council of the City of Rochester, Minn., May 3, 1971 1 n U 1 1 • 4 1 • Alderman Kamper moved to amend the above motion to delete from the project both sides of 21st Avenue N. W. on the east side from 33rd to 36th Street and on the west side from 33rd to 37th Street N.W.; Alderman McNary seconded the motion and Larson, Mayer, Strain, Willmarth and Postier voting "nay" and Kamper and McNary voting "aye"� the motion was lost. A vote was then taken on the original motion to proceed and all voting in favor thereof, except Alderman Larson who "abstained", the motion to proceed was adopted. Hearing on Sidewalk Project # 3-1971 - • Wly side of 12th Ave. N.W. & Sly side -of 31st•St; N.W. from 15th Ave. to 29th St. N.W. N side 31st St. N.W. from 14th Ave. west to sidewalk in place Mr. Harold Atkinson of 3108 - 14th Avenue N. W. and Mr. Warren McCullough of 1833 - 33rd Street N. W. were each present and heard in opposition to the sidewalk. There was no one else present wishing to be heard. President Postier declared the hearing officially close A motion was made by Willmarth, second by Strain, to proceed with the project; all voted i favor. Hearing on Sidewalk Project #5-1971 - East side of 9th Ave.N.W. from Elton Hills Drive to one Lot North of 28th Street N;W; -Both sides of•28th•Street from•9th Avenue to Zumbro Dr. N.W. affecting those lots were sidewalk does not now exist There was no one present wishing to be heard. President Postier declared the hearing officially closed. A motion was then made by Mayer, second by McNary, to proceed with the project; all voted in favor thereof. Hearing on Sidewalk Project #4-1971 - Both sides of 16th Ave. N.W. from 15th Ave. to 17th Ave. N. W. W side of 15th Ave. N. W. from 16th Ave. to CascadeStreet E side of 15th Ave.N.W. from Elton Hills Dr. N. to sidewalk in place W side of-14th-Ave. N. W. from 22nd St. N.-to-sidewalk in place. A petition with 5 signatures opposing sidewalk on 15th Avenue N.W. between 16th Ave. N.W. and Cascade Street was presented and filed. Mr. William Burrows of 2605 - 15th Avenue N.W. and Mr. John Gardner of 2601 - 15th Avenue N. W. were each heard in opposition to sidewalk. There�.was°mo one else present wishing to be heard. President Postier declared the -hearing officially closed. A motion was made by Strain, second by Willmarth, to proceed with the • project; all voted in favor. Hearing on Sidewalk Project # 6-1971.- N. side 23rd St. N. W. from 21st Ave. N. W. to 23rd Ave. N. W. E side 23rd Ave. N. W. from 23rd St. to 21st Ave. N. W. A petition signed by 8 of the 9 property owners on the north side of 23rd.Street N. W. 21st Ave. to 23rd Ave. N. W. opposing the sidewalk was presented and filed. Mr. Leonard Eisert of 2119 - 23rd St. N.W. and Mr. Heron Hughes of 2203 = 23rd Street N. W. were each present and heard in opposition to the sidewalk on the north side of 23rd St. N.W. There was no one else present•wishiag to be heard. President Postier declared the hearing officially closed. A motionwas made by Strain, second by Willmarth., to proceed with•the project. Alderman Kamper made a motion to delete from the project the north side of 23rd Street N. W. from 21st Avenue to 23rd Avenue N. W.; her motion was lost for want of a second. All voting in favor of the original motion to proceed, except Alderman Kamper who vaoted "nay", the motion to proceed was.adopted,. Record of Official Proceedings of the Common Council of the. City of Rochester, Minn., May 3, .1971 E Upon motion byKamper, second by.Strain, and all voting in favor, a 5 minute -recess declared at 9:10 P. M. The meeting was called to order again at 9:15 P. M. with all members ing present. Hearing on Sidewalk Project # 7-1971 - East side of 5th Avenue N. W. from one lot North of 14th St. N.W. north to sidewalk in place Replace sidewalk at 1602 5th Ave. N. W. A petition with 9•signatures opposing the said:=.sidewalk was presented and filed. Mrs. Richard tin of 1414 5th Avenuo N. W. and Mr. George Campbell.of 1500 - 5th Avenue N. W. were present heard in opposition to the project. Ac.giotion-was•made.by Wtllmarth, second by Larson, to continue this hearing until 7:30 P. ti. on May 17, 1971; all voted in favor. Hearing on Sidewalk Project.# 8-1971 - East side of 16k Avenue N. W. from 16th Street to 14th Street N.W. There was no one present wishing to be heard. President Postier declared the hearing officially closed. A motion was made by Mayer, second byKamper, to proceed with the project; all voted in favor. Hearing on Sidewalk Project #9-1971 - • W. side 15th Ave.N.E. from RR R.O.W.South to sidewalk in place W side of 1st Ave. N.E. & S:E. from 2nd�St. S.E. to 2nd St. N.E. N. Side of 1st St. N.E. from 1st Ave. to R.R. Xing . S. Side of 7th St. S.W. from 4th Ave. S.W. west to sidewalk in place N. Side of East Center St. from 1st Ave. W. to alley Concrete curb and gutter on: W. side 1st Ave. S.E. from 2nd St. to 1st St. S.E. There was no one present wishing to be heard. President Postier declared the hearing officially !closed. A motion was made by Strain, second byKamper, to proceed with the project; all voted lin favor. Hearing on Sidewalk Project #10-1971 - E. Side 6th Ave. S.E.t rom 13th St. to 16tti St. S.E. S. Side 15th St. S.E. from 6th Ave. to 8th Ave. S.E. N. Side 16th St. S.E. from llth Ave. to 9th Ave. S.E. was no one present wishing to be heard. President Postier declared the hearing officially lclosed. A motion was made by Mayer, second. by. Strain, to proceed with the project; #11 voted in favor. Hearing on construction of sanitary sewer and water main in.3rd Avenue N. E. from 27th Street to 580 feet South of 24th Street N. E. Mr. Dwight $outelle of 2540 3rd Avenue N.E., Mr. Gideon Klein of 2643 East River Road, Mrs. Constance Sokolski of Riverview Heights, Mr. Daryl Duffin of 2505 East River Road and Mr. Robert Luecke of 2602 Riverside. Lane N. E. were sent and heard. There was no one else present wishing to be heard. President Posder declared the hearing officially closed. A motion was made by Larson,. second by M cNary, to Geed with the project; all voted in favor. • • Hearing on street grading and surfacing, sanitary sewer, storm sewer, water main service connections stubbed into the boulevard on 24th St. N. E. from East River Road (3rd ve. N. E. to T. H. 63). There was no one present wishing to be heard. President Postier (declared the hearing officially closed. A motion was made by Larson, second by Strain, to 1proceed with the project; all voted in favor. Hearing on application to vary the provisions of Paragraph 15.070 (accessory 1 • I_ - I 1 uildings in an R District) of Ordinance No.. 1296 to add an addition to the back of a house i Record of Official Proceedings of the Common Council of the City of- Rochester, Minn., May 3, 1971 1 • i CJ 1 located at 1411 14th Avenue N. E. The recommendation of the Planning & Zoning was to approve the variance. There was -no one present wishing to be heard. President Postier declared the hearing officially closed. A motion was made.by Larson, second by Willmarth, instructing the City Attorney.to.prepare•a resolution granting the variance. Hearing on final plat of Meadow Park ReSubdivision "D". There was no one present wishing to be heard. President Postier declared the hearing officially closed. A.motion was made by Strain, second by Willmarth, and all voting in favor, to adopt the resolution approving, the said plat. A motion was made by -Larson, second by McNary, and passed unanimously, that the semi-monthly bills, list attached, in the amount of $99,857.97 be approved. . . A motion was made by Larson, second by Kamper, that the City Attorney be instructed to communicate with our Legislators and inform them that the Common Council opposes the proposed increase in the Olmsted County Board of.Health from five to seven members as proposed in H. F. 693 and S. F. 1193; all voted in favor.. A motion was made by Kamper, second by Willmarth, to reopen the hearing on Sidewalk Project #1-1971 and all voted in favor. Mr. Roger Kline of 2116 - 36th Street N. W. was again heard in opposition to the project. A motion w as then made by Kamper, second by Willmarth, that the hearing be.continued until 7:30 P. M. on May 17, 1971, all voted in favor. Mr. Richard Hexum of The Kruse.Company was present and inquired if any action i had been taken or any.consideration given to installing 4 foot sidewalk. He was told this would be reviewed and discussed at the next meeting of the Public Works Committee to be held on May 10, 1971 and he was.invited.to attend. Resolution granting a variance to add an addition to the House at 1411-14th Avenue N. E. (Lot 6, Block.2, Hillside Addition). Upon motion by Strain, second by Willmarth, . and all voting in favor, resolution adopted. Upon motion by Willmarth, second by Mayer, and all voting in favor, the meeting �I was adjourned until 7:30 o'clock P. M. on May 17, 1971. s/����) City Clerk {i 1. 2. 3. 4. 5. 6. INFORMATION Minutes of Satnding Committees 4/26/71 Claim of Injury - Ruth Bartsch of Route #1 Elgin, Minnesota. The Kiwanis Club of Rochester is starting a fund drive the week of May 3, 1971 in an attempt to raise $50,000 for a nature building at -Quarry Hill Par,. The Rochester School board would handle the staffing & programming in the proposed �I facility. The Mayor and Council are cordially invited to attend an Open House at the new Olmsted County Highway Dept. & Planning Bldg. located at 1407 3rd AVe. S.E. on Friday, May 12, from 4:00 p.m. to 8:30 p.m. Financial Report of Municipal Court --March, 1971. Referred to Planning and Zoning: a. application for variance on Lot 2;Block 1,Replat of Lot 4, Block 3, Silver Acres Sub. (Mobil Oil Corp.) b. petition to rezone S 33ft W 93 2/3 ft of Lot 11 and W 93 2/3ft of Lot 12, Block 3, Cummings Addition from R-2 to R-3 (Thomas C. Wahlberg) c. application for approval of preliminary plat -Fullerton Subd. (Robert Morley) d. application to amend the City's official land use plan for Rocky Creek 2nd Subd. from low density residential to medium density residential (Par -Ex Homes,Inc.)