Loading...
HomeMy WebLinkAbout07-06-1971130 Record of Official Proceedings of the Common Council of the City of.. Rochester, Minn., ' July 6, 1971 Minutes of a 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 July 6th, 1971. President Postier called the meeting to order at 2':00 o'clock P.M., the fol- lowing members being present: President Postier, Aldermen Kamper, Larson, Mayer, McNary, and Willmarth. Absent: Alderman Strain. Upon motion by Larson, second by'Kamper, and all voting in favor, the minutes of the meeting of June 21st, 1971, were approved with the following correction: On the last page showing roll call taken on a resolution ordering bids for street improvements on 1st St. S.W. and S.E. from 2nd Ave. S.W. to 2nd Ave..S.E., Alderman Willmarth voted "aye!' and • Alderman Strain voted "nay". Mayor's reappointments of Mrs. F. F..Borg, 900 18th Ave. N.E., Harry.H. Evans, 931 8th Ave. S.W., and Robert W. Hurrle,410 6th Ave. S.W..,.to the Rochester Library -Board for a three-year term•to expire July 1974. Upon motion by Larson, second by Mayer, and all voting in favor, the appointments were.accepted. Petition for sanitary sewer and watermain in 19th St. N.W. from 30th Place to 31st St. N.W.; in 31st St. N.W. from 19th to.20th Ave. N.W.; and 20th.Court west.of 19th Ave. N.W. in Allendale Subdivision. Upon motion by Larson, second by. Kamper, and all voting in favor, the petition was referred to the City Engineer for a feasibility report.. Mr. Robert Milam, Mr. James Thornton, and Mr. Vincent Folkert, members of the Citizen's Ad Hoc Committee for Computer Study presented their report to the Council. They . also submitted the following joint resolution of City, County, Schools and Utility Depart- ment's intent to implement shared data processing equipment: "WHEREAS the Citizen's Committee, an appointed study committee of the three taxing units, has analyzed the Data Processing needs of the governmental units of Olmsted County and the City. of Rochester, and WHEREAS this study has revealed increased efficiencies and possible long- term financial savings to the governmental units by engaging in a coopera- tive effort of shared computer services, WE THEREFORE RESOLVE TO endorse the concept of shared Computer services and to begin the necessary steps toward implementation of such a service." to be signed by the Mayor of the City of Rochester, Chairman of the County Commissioners of • Olmsted County, Chairman of the Board of Directors, and Dave Dunn,Chairman of the School Board. Upon motion by Larson, second by McNary, and all voting in favor, the resolution was approved and the Mayor was directed to sign the resolution for the City of Rochester. The Rochester -Olmsted Council of Governments Agreement (ROCOG) for the purpose of accomplishing greater cooperation in guiding urban growth and development was presented and upon motion by Willmarth, second by Larson, and all voting in favor, the agreement was referred back to the Committee of the Whole for further study. The request for a revised routing of Route 5A and increasing the schedule from 5 to 8 trips on a temporary schedule until September 1, by George Holter, was presented. Upon motion by Willmarth, second by Larson, and all voting in favor, the City Attorney Record of Official Proceedings of the Common Council of the City of Rochester, Minn., July 6. 1971 3-1 • 1 I' 1 was instructed to prepare the necessary resolution approving the revised routing of the Rochester City Bus Lines. The request to abolish the Mayor's City Parking'and Traffic Commission was read. Upon motion by Kamper, second by McNary, and all voting in favor, the request was approved and the City Attorney was instructed to prepare the necessary resolution abolishing the Commission. Recommendation of the City Administrator that a resolution be adopted authorizing the City Administrator to apply.for LEAA discretionary grant funds to be used to improve the police and emergency communication system between City and County for correlating activities. Alderman Larson indicated that the time limit was of utmost importance. 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. Recommendation of the Airport Commission that Supplement No. 3 to Lease FA69CE-4664 for air conditioning of the Airport Traffic Control Tower equipment room at the Municipal Airport, Rochester, increasing the lease charge by 50r,, per square foot, was read. Upon motion by Larson, second by Willmarth, the recommendation was accepted. All voted in favor and the City Attorney was instructed to prepare the necessary resolution authorizing the Mayor and City Clerk to execute the amended FAA lease. The cigarette license applications of North Broadway Dairy Queen and Dave's North 52 Mobil were read. Upon motion by Willmarth, second by Mayer, and all voting in favor, the licenses were granted. The contract bond of Doyle Conner in the amount of $8,312.40 with General Insurance Company of America as surety for Sidewalk Project #9-1971, was read. Upon motion by McNary, second by Kamper, and all voting in favor, the bond was approved and surety thereon accepted. The application of Lysne Construction, Inc. for permission to move two houses = one-story house 24 x 32 and garage 26 x 20 from 1107 North Broadway and one-story house 26 x 34 from 1119 N. Broadway south on North Broadway to 4th St. S.E. then east and out of the -City limits, was read. Upon motion by McNary, second by Larson, and all voting in favor, the application was approved and the City Clerk instructed to issue the permit with instructions to move same in cooperation with the Police and Public Utility Departments. Recommendation of the City Engineer that the City Council adopt a resolution requesting the M.H.D. to re -activate the project for the improvement of Trunk Highway #14 (12th St. S.E.) between T.H. 63 and the S.E. junction of T.H. #14 & 52, making use of TOPICS funds. Mr. Armstrong, City Engineer, said that the State wants to know if they should put it in their budget for 1972. $50,000 has been put aside for this now and $62,000 to be used of State funds. Upon;motion by McNary, second by Larson, and all voting in favor, the recom- mendation was accepted and the City Attorney was instructed to prepare the necessary resoluti Recommendation of the City Engineer that the Council advertise for bids for a pedestrian actuated traffic signal on Elton Hills Drive in front of Herbert Hoover Elementary School. A recommendation was accepted by the Common Council on January 4, 1971. Upon Record of Official Proceedings of the Common Council of the City of Rochester, Minn., July 6; 1971 motion by Kamper, second by Mayer, and all voting in favor,.the City Attorney was requested to prepare the necessary resolution, authorizing City Clerk to advertise for bids to be opened at 11:00 A.M. July 16, 1971. Recommendation of the City Engineer that the Council advertise for bids for street grading and surfacing, sanitary sewer and watermain in 20th St. N.W. between 21st Ave. N.W. and the west line of Northgate 8th Subdivision. Upon motion by Willmarth, second by Larson, and all voting in favor, the recommendation was accepted, and the City Attorney instructed to prepare the necessary resolution approving plans and specifications and ordering bids to be opened July 16th. . Recommendation of the City Engineer that the Council advertise for bids for con- struction of Phase 2 of Extension of 9th St. S.E. from.3rd Ave. S.E. to South Broadway with necessary utilities (Job 6902-2-70). Upon motion by Kamper, second by McNary, and all voting in favor, the recommendation was accepted and the City Attorney instructed to prepare the necessary resolution approving plans and specifications and ordering bids.to be opened on July 30th. Tabulation of bids.received for sanitary sewer and watermain to R.E.A. site (Project #6505-71): Riverside Sand & Gravel Co., Rochester, $161,026.00; Fraser Co., Inc., Rochester, $133,885.00; Barbarossa & Sons, Inc., Osseo, $203,564.50; Winona Plumbing Co., Inc., Winona $140,571.85; and Kasson Sewer & Water, Inc., Kasson, $167,631 .30. Upon motion by Willmarth, second by Larson, and all voting in favor, the bid of Fraser Co., Inc., Rochester, was accepted and the City Clerk was instructed to prepare the contract. Tabulation of bids received for sanitary sewer and watermain extension to Bible College (Project #7101): Riverside Sand & Gravel Co., Inc., $126,979.50; Fraser Co., Inc., Rochester $89,743.65; Barbarossa & Sons, Inc., Osseo, $124,442.50; Winona Plumbing Co., Inc., Winona, $148,811.00; and Kasson Sewer & Water, Inc., Kasson, $177,771.50. Upon motion by Larson, second by Willmarth, and all voting in favor, the bid of Fraser Co., Inc., Rochester, was accepted and the City Clerk was instructed to prepare the contract. Recommendation of the Personnel Advisory Committee that Mrs. Sharon Ayers of the.. City Clerks office be granted a maternity leave from August 1, 1971, to October 15, 1971. • Upon motion by Willmarth, second by McNary, and all voting in favor, the recommendation was accepted and leave granted. Resolution granting a variance to premises at 415 8th Ave. S.W. to permit the construction of an_addition on the existing dwelling projecting into the rear yard. Upon motion by Larson, second by Mayer, and all voting in favor, resolution adopted. Resolution condemning easements for sanitary sewer line to serve the Southwest area, including Bible College, across property lying East and South of Zumbro River, South of Highway 52 on Gores property, down to 16th Street Southwest. Upon motion by Willmarth, second by Mayer, and all voting in favor, resolution adopted. Resolution approving reactivation of project on improvements on Highway 14 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., July 6, 1971 r: 1 1 0 1 (12th St. S.E.) from T.H. 63 to S.E. junction of 14 & 52 - programmed as TOPICS project, authorizing City to participate up to 25% of the total costs of construction and engineering. Upon motion by Willmarth, second by Kamper, and all voting in favor, resolution adopted. Resolution granting a permanent easement for sanitary sewer purposes to the City on Lots 12 and 13, Northwood 3rd Addition, along 20th St. N.E. (two separate sanitary sewer easements), by Jorge E. Maldonado and Carmen B. Maldonado. Upon motion by Larson, second by Willmarth, and all voting in favor, resolution adopted. Resolution amending final plan for the Welles Shopping Center to relocate the driveways entering onto 15th Avenue Southeast. Upon motion by Willmarth, second by Kamper, and all voting in favor, resolution adopted. The matter of sidewalks was refer- red to the Public Works Committee. Resolution authorizing and directing the Mayor and City Clerk to execute on behalf of the City of Rochester.the Supplement No. 3 to Lease'FA69CE-4664 for air conditioning of the Airport Traffic Control equipment room at the Rochester -Municipal Airport. Upon motion by Willmarth, second by Larson, and all voting in favor, resolu- tion adopted. Resolution ordering bids for installation of pedestrian actuated traffic signal on Elton Hills Drive in front of Herbert Hoover School. Upon motion by Kamper., second by Larson, and all voting in favor, resolution adopted. Resolution authorizing application for Federal,crime control grant., Upon. motion by Willmarth, second by Kamper, and all voting in favor, resolution adopted. The.following resolutions were introduced and voted on in block: Resolution referring improvement petition for determination of adequacy, feasibility report and recommendation for construction of sewer.and watermain in 19th St. N.W., 31st St'. N.W. and 30th Court all in Allendale Subdivision; Resolution approving plans and specifi- cations and ordering bids for street grading and surfacing, sanitary.sewer and watermain in 20th St. N.W. between 21st Ave. N.W. and the west line of Northgate 8th Subdivision-; Resolution accepting bid of Fraser Co., Inc., Rochester, in the amount of $89,743.65 for construction of sanitary sewer and watermain extensions to Bible College; Resolution accepting bid of Fraser Co., Inc., Rochester, in the amount of $133,885.00, for the construction of sanitary sewer and watermain extensions to R.E.A.. site; Resolution approving plans and specifications and ordering bids for Phase 2 of extension of 9th St. S.E. from 3rd.Ave. S.E..to South Broadway with necessary utilities (Job 6902-2-70)-. Upon motion by-,Willmarth,-:second by Mayer,::and, all voting in favor, resolutions adopted. Resolution granting a permanent easement for sanitary sewer purposes to the City of Rochester on Lot 15, Kellogg Hills Subdivision. Upon motion by Larson, second by Mayer, and. -all voting,in favor,, .resolution• adopted. • 14 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., July 6, 1971 11 A motion was made by Willmarth, second by Kamper, and all.voting in favor, that the City Attorney be instructed to prepare a resolution thanking the Rochester Post -Bulletin and the First National Bank and expressing appreciation for co -sponsoring the display of fireworks on the Fourth of July. An Ordinance standardizing the permit fee schedules for heating, ventilating and air conditioning work was given its first -reading. An Ordinance imposing a three per cent. tax on hotel, motel, and other Iodgings and related services; providing for its collection, exemptions, and exceptions; and pro- viding penalties for violations thereof; amending Rochester Code of Ordinances by adding a new Chapter 215, effective date September 1, was given its first reading. A motion was made by Larson, second by McNary, and upon roll call all voting in favor, that the rules be suspended and the ordinance given its second reading. A motion was made by Larson, second by Willmarth, that the ordinance be adopted as read, and all voting in favor thereof, President Postier declared the said ordinance duly passed and adopted.. An Ordinance annexing to the City of Rochester, Minnesota, certain unplatted land lying East of Rocky Creek Mobile Home Park, approximately 40 acres, was given its second reading. A motion was made by Willmarth, second by Kamper, that the ordinance be adopted as read, and all voting in favor thereof, President Postier declared the said ordinance duly passed and adopted. An Ordinance annexing to the City of Rochester 14.acres located from Valleyhigh Drive N.W. to C.G.W.R.R.•North of 15th St. N.W. was given its second reading. A motion was made by Kamper, second by Willmarth, that the ordinance be adopted as read, and all voting in favor thereof, President Postier declared the said ordinance duly passed and adopted. A motion was made by Larson, second by McNary, and passed 'unanimously, that the semi-monthly bills, list attached, .in the amount of $382,562.75 be approved. Upon motion by Mayer, second by McNary, and all voting in favor, the meeting was adjourned until 7:30 o'clock P.M. President Postier called the meeting to order at 7:30 o'clock P.M., the following members being present: - President Postier, Aldermen Kamper, Larson, Mayer, McNary, and Willmarth. Absent: Alderman Strain. Hearing on proposed -assessments for curb and gutter on both sides of 5th Street Southwest from 15th to 16th Ave. S.W. and West end of Vacated 5th Street Southwest. This was a continued hearing from June 7, 1971. There was no one present wishing to be heard. President Post-ier declared the hearing officially closed. A motion was made by.Larson, second by Wil-lmarth, that the assessments be levied with corrections in interest charged in the assessment. All voted in favor. This revision reduces the assessments by $68.86, which is to be picked up by the City. Hearing on petition to vacate a portion of 3rd Avenue N.W. from the south line of Zumbro Drive South to the presently vacated section of 3rd Avenue, which point is 1 :7 1 11 1 0 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., July 6, 1971 1 • 1 1 approximately 126 feet north of 26th Street Northwest. Mr. Stanley Guth of Builders Land Company, Minneapolis, said the primary.concern was the alignment of the street. People wishing to build there will have difficulty acquiring title under the circumstances and conveyance would have to be made in some other manner. A letter has been received from Emma, David and Lyndon Geselle agreeing to dedicate to.the City a 75 foot wide right of way for the northerly extension of West River Road. In consideration of this agreement to dedicate, the City was asked to vacate those sections of 3rd Ave. N.W. as they become un- usable and that the City remove the paving. Mr. Armstrong, City Engineer, said that customarily the recipient takes all the expense. In this case the City is getting,the right of way for future streets and he feels this is proper to remove this blacktop which can be used byythe City. In the absence of W. Swanson, City Attorney, a motion was made by Larson, second by Kamper, and all voting in favor, to table the hearing until his.return to the Chambers. Following other hearings, the hearing was resumed. Mr. Swanson stated that the letter of intent from the Geselle's is only an agreement to agree and was not sufficient and that a more formalized legal document would have to be prepared which would be more binding. In case one or other of parties would not sign, the City would have to force dedication of the right of way by dondemnation. Right now there is no indication where the right of way is to be located. Under the circumstances it would be best to have that right of way dedicated before the street is vacated. Mr. Swanson didn't feel.the Council should proceed without getting that right of way dedicated. This land is presently -not in the City as per Mr. Armstrong, City Engineer, and the alignment has not as yet been determined. ,If an agreement was.signed by the owners, they could determine,alignment. It would be best to determine at the time the land is platted. There may be,diff iculty as to the location of the right of way. Because the land is outside the City, it can be dedicated now through the County ordinance and.they can dedicate it by an easement granted to the County. This right of way will be located at the discretion of the City Council somewhere within this described piece of property.. There was no one else present wishing to be heard. Mr. Postier declared the hearing officially closed. A motion was made by Willmarth, second by McNary, and all voted'in favor,.to vacate 3rd Avenue contingent to a signed agreement with the Geselles, and the City Attorney was instructed to prepare this agreement for signatures so it can be recorded and land dedicated, and the resolution for adoption. Hearing on the final plat of Elton Hills.East Eighth Subdivision submitted by Builders Land Company. . Mr. Stanley Guth of Builders Land Co. was present and heard. Until Third -.-Avenue Northwest (West River Road) dedication is signed, the plat could.not be.approved. There was..no one else present wishing to be heard. President Postier declared the hearing officially closed. Upon motion by Willmarth, second by Larson, and all voting in favor, the plat was approved pending suitable signed agreement on 3rd Ave. dedication, and the City Attorney was instructed to prepare the necessary resolution for later adoption. C 0 136 Record of Official Proceedings of the Common Council of the City of. -Rochester, Minn., Jul y 6, 1971 n U Hearing on proposed sidewalk on the north side of 15th St. N.W. from Valleyhigh Drive N.W. west to the City limits (Job 5808-155-71). W. Ronald Hays, 2020 25th St. N.W., was heard in opposition to the sidewalk, and Judy Brede, 2009.15th St. N.W. and James Winestorfer, 1939 15th St. N.W., were -each heard 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 Willmarth, second by McNary, and all voting in favor, to pro- ceed with -the project and -the City Engineer instructed to prepare the necessary plans. Hearing on proposed sidewalk on the north side of 38th St..N.W. from 18th to 19th Ave. N.W. Jim Harens, 1829 -38th 'St. N.W., was heard in favor of the project. There are 20 children below the age of 7 in this area and it is located on the City bus route. There was'no one else present wishing to be heard. President Postier declared the hearing officially closed. A motion was made by Willmarth, second by Mayer, and all voted in favor to proceed with.the project, and the City Engineer was instructed to prepare the necessary plans. Hearing on proposed sidewalk on the south side of 29th St. N.W. from 12th to:.15th Ave. N.W. There was no one present wishing to be heard. President Postier declared the hearing•off icially closed. A motion was made by McNary, second by Willmarth, and all voted in favor to proceed with the project and the City Engineer was instructed to prepare the necessary plans. Hearing on proposed sidewalk on both sides of 26th St. N.W. from 14th to 15th Ave. N.W. (Job 6110-265-71). Tom Winther, 1407 26th St.. N.W., Al Lichty, 1463 26th St. N.W., Dick Krueger, 1417 26th St. N.W., and Raymond Goldsmith, 1444 26th St. N.W., were each heard in opposition to the project. They indicated that the street does not have much traffic - mostly local traffic - and that the children can go to Elton Hills School to play instead of playing in the street. Mrs. Moseman, 1446 26th St. N.W., David Senjem, 1427 26th St. N.W., and Bob Norenberg, 1436 26th St. N.W., were each heard in favor of the project., chiefly concerned with the safety of the children.. They indicated that the street is used as a turnaround after picking -up children from Elton Hills School. There was no one else present wishing to be heard. Mr. Armstrong,•City Engineer, was asked to review the policy of assessment. President Postier declared the hearing officially closed. A motion -was made by Willmarth, second by McNary, and all voted in favor to pro- ceed with -the project and instruct the City Engineer to prepare the necessary plans. Hearing on proposed sidewalk on the East side of 37th Ave. N.W. from 1st to k 2nd St. N.W. and on the north side of 1st St. N.W. from 36th Ave. to 37th Ave. .N.W. and on south side of 2nd St. N.W. from sidewalk inplace west of 36th Ave. to 37th Ave. N.W. Vern Williamson,,3605 1st St. N.W., who lives on a corner and not included on petition, and J*tm Larson, 3617 lst- St. N.W., spoke in opposition to the project. Mr. Larsen said it was his understanding that the project included curb and gutter and would be fully in favor if it included curb and gutter. He felt most of the people were in favor of. I • 1 • 1 Record of Official Proceedings of the Common Council of the City. of Rochester, Minn., July 6. 1971 137 1 • J 1 • 1 getting all three. -He said that the City -Engineer's office had told him it was more con- venient to go all around the block. There was no one else present wishing to be heard. President Postier declared the hearing officially closed. A motion was made by Mayer, second by Willmarth, and all voted in favor to proceed with the project and instructed the City Engineer to prepare the necessary plans. Hearing on application for approval of the final shopping center plan for Apache Mall. Lloyd Sauter, representing Apache Corporation, was present in case there were any questions. There was no one else present wishing to be heard. President Postier declared the'hearing officially closed. Upon motion by Willmarth, second by Kamper, and all voting in favor, the City Attorney was instructed to prepare the necessary resolution approving the plan. Hearing on application to amend the Welles Shopping Center Plan relocating two driveway approaches on 15th Avenue -Southeast. Robert Suk, attorney with Dingle and Krieger, was present and questioned the installation of sidewalks on loth St. S.E. as advised by the Planning and Zoning Commission. The question of sidewalks will be brought up at the Standing Committee meeting on July 12th and not be included in the plan. No one else was present wishing to be heard. President Postier declared the hearing officially closed. Upon motion by Willmarth, second by Larson, and all voting in favor, the City Attorney was instructed to prepare the necessary resolution approving the amended plan. Hearing on petition to annex a triangular parcel of land located on the West side of U.S. 52. (South), a part of NW NW'k of Section 7, T106N, ROW, containing 0.39 acres. Mr. Phil DeWitt, 1555 Marion Rd. S.E., who'owns 8 acres in the area along old Hog Farm and High- way 52, was present and said that indications are that he is being squeezed out -and he'd like to have a little time to get out of there. Mr. Postier told him that if his neighbors sell to developers that he probably will get a big price for his property,•and there was no way to answer him when it will be developed. There was no one else present wishing to be heard. President Postier declared the hearing officially closed. Upon motion by Larson, second by Willmarth, and all voting in•favor thereof except McNary who abstained, the City Attorney was instructed to prepare the necessary ordinance for annexation of this property. Hearing on petition to vacate the cul-de-sac south of Fifth Avenue and 20th St. N.E.1 Hamlet Peterson, 823 Memorial Parkway, petitioner, was present and discussed with the Council the preliminary replat prepared for this area. There was no one else present wishing to be heard. President Postier declared the hearing officially closed. Upon motion by Willmarth, second by.Kamper, and all voting in favor, the City Attorney was instructed to prepare the necessary resolution for vacation subject to the following conditions: 1. The city retain a utility easement 5 ft. wide by 33 ft. in length along the south line of 20th St. N.E. extended from the centerline of 5th Ave. N.E. to the west line of 5th Ave. N.E. 2. A replat be prepared and filed with the City for approval. This will erase'all existing lot lines and create new ones and give the City and County a proper and permanent record of this area. 0 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., July 6. 1971 Hearing on application to vary the provisions of Paragraph 21.04 of the Zoning Ordinance as it applies to property at 402 18th Ave. S.E. (Rear Yard Encroachment). John Huston, 402 18th Avenue Southwest,,petitioner, was present. He said it would cause a hard- ship if he would have to relocate the garage beyond the addition of 22 x 16 ft. onto the rear of his house. There was no one else present wishing to be heard. President Postier declared the hearing officially closed. Upon.motion by Willmarth, second by McNary, and all present voting in favor, the City Attorney was instructed to prepare a.resolution . granting the variance. Hearing on Planning Commission initiated "amendments.to the City's adopted Land Use Plan to designate the property located in the Bear Creek Area. The Planning Commission recommended the following: 1. Designate the old hog farm area around Longfellow School as a community park site. 2. Designate the area in the S.W. corner of U.S. 14-52 to the proposed extension of 16th St. as a commercial area. 3-. Designate the area from the west side of U.S. 52 (Marion Road to Bear Creek Park from proposed 16th St. S.E. to Longfellow School) as a medium density residential area. 4. Designate the area along the south side of U.S. 52 (Marion Road) from the proposed Armory site south to 20th St. S.E. as a medium density area. 5. Designate the area around Longfellow School on the west side of U. S. .52 as the Longfellow planning area. There was no one present wishing to be heard. President Postier declared the hearing officially closed. Upon motion by Willmarth, second by Kamper, and all present voting in favor, the City Attorney was instructed to prepare the necessary resolution adopting the Planning and Zoning Commission recommendation designating this property to be included in the Land Use Plan. Mr. Chris Mahwalt, architect for Mr. Quik, Moline, Illinois, and Mr. Carlton Penz, owner of property in question straight west of the.0utdoor Theatre, were present'at the afternoon meeting. Mr._Mahwalt had been informed that the Council would be -considering the 52 widening of Highway%just off Highway 14. Construction on their facility has awaited contract, but they are unable to get a building permit which affects the franchise set-up and lease agreement on account of the setback for frontage road. If they are required to go back 50 feet, the building will have to be redesigned as to footings. Upon motion by Willmarth, second by Mayer, and all voting in favor, recommendation that Public Works be allowed to tell Mr. Moore, Planning Director, how much setback to give ok to put building at,a specified distance. Frontage road question will still have.to be decided upon. Resolution adopting assessment for construction of curb and gutter on both sides of 5th St. S.W. from 15th Ave. S.W. to 16th Ave. S.W. and west vacated 5th St. S.W. and sidewalk replacements on the South side as required. Upon motion by Larson, second by Willmarth, and all voting in favor, resolution adopted. Resolution granting approval of final shopping center, plan for Apache Mall. Upon motion by Willmarth, second by McNary, and all voting in favor, resolution adopted. 11 1 1 • 1 Record of Official Proceedings of the Common Council of the City of Rochester,. Minn., July 6, 1971 1 9� i 1 i 1 1 • !J Resolutions ordering the following improvements to be made and designating C. A. Armstrong, City Engineer, as the Engineer for these improvements: Sidewalk on the East side of 37th Ave. N.W. from lst to 2nd St. N.W. and on the North side of 1st St. N.W. from 36th Ave. to 37th Ave. N.W. and on the South side of 2nd Ave. N.W. from sidewalk inplace west of 36th Ave. to 37th Ave. N.W.;eSidewalkeonothe. S6uthoside of 26th St. N.W. from 14th to 15th Ave. N.W. (Job 6110-265-71); Sidewalk on the South side of 29th St. N.W. from 12th to 15th Ave. N.W.; Sidewalk on the North side of 38th St. N.W. from 18th to 19th Ave. N.W.; and Sidewalk on the North side of 15th St. N.W. from Valleyhigh Dr. N.W. West to the City limits (Job 5808-155-71). Upon motion by Willmarth, second by McNary, and all voting in favor, resolutions adopted. A motion was made by Willmarth, second by Larson, to take off the table the removal of one-way street plan. Upon roll call, all voted in favor except Postier who voted "nay". A motion was made by Larson, second by Willmarth, and all voting in favor, to refer the one-way street plan back to the Public Works Committee for restudy. Upon motion by McNary, second by Larson, and all voting in favor, the meeting was adjourned until 7:30 o'clock P.M. on July 19, 1971. W_11'Q 71 9/?/ Doris A. Schubert Deputy City Clerk INFORMATION: 1. Minutes of the Standing Committees - 6/28/71 2. Claim for Damages - J. P. Zack, M.D. (referred to Attorney, Insurance, Finance) 3. Claim for Damages - David R. Sanderson, M.D. (referred to Attorney, Insurance, Finance) 4. Claim for Damages - James L. Fellows (referred to Attorney, Insurance, Finance) 5. Claim for Damages (2) - James C. Larson, Perkins Cake & Steak House (referred to Attorney, Insurance, Finance) 6. A summons has been served against the City in a case whereby Margaret Sonnenklar is suing the City for $10,000 for injuries sustained on March 3, 1971, when she fell in the alley located in the 500 block of 4th St. S.W. 7. Referred to Planning and Zoning: . a. Application for a variance on the West 40' of Lots 4, 5 & 6, Block 10, Cummings Addition (Ralph Zick) b. Protest against rezoning certain property in West Zumbro Addition from R-1 to B-3 c. Application for approval of a final plat - Elton Hills East 8th Subdiv.(Stan Guth) d. Application to amend Welles Shopping Center Plan (Roger E. Benjamin) 0