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HomeMy WebLinkAbout07-21-1958Record of Official Proceedings of the Common Council of the City of Rochester, Minn., July 21, 1958 1 1 1 • 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 July 21, 1958. Upon motion by Haas, second by Hanlon, and all voting in favor thereof, Alderman Tingley was appointed as President pro tem. President pro tem Tingley called the meeting to order at 7:30 o'clock P. M., the following members being present: President pro tem Tingley, Aldermen Haas, Hanlon, Mc(Suckin, Morris, Wilkus. Absent: President'Kamm. Upon motion by Morris, second by Wilkus, the minutes of the meeting of July 7, 1958 were approved. President pro tem Tingley stated.this as being the time and place set for hearings on the following projects: Hearing on street grading and surfacing, construction of sanitary sewer, water main and service connections in 15th Avenue Northeast from the south line of Lot 17, Block 3, Stebbins Addition to the north end of Block 3, Stebbins Addition. A letter signed by Mrs. Laura J.Russell requesting that she be allowed to do this work was also read. Mrs. Russell was present and stated that.she would like to do this work.herself if possible. Upon motion by Haas, second by Morris, the hearing was declared closed -and the letter was referred to the Public Works Committee. All voted in favor thereof. Hearing on construction of a sanitary sewer, water main, storm sewer and street improvements in.Sunset Terrace 2nd Addition (including connecting main from 7th Street Northwest). There was no one present wishing to be heard. President pro tem Tingley declared the hearing closed. Hearing on storm sewer outfall from Country Club Manor Additions across the Southwest One -Quarter Section 33, Township 107 North, Range 14 West, Olmsted, County, Minnesota. There was no one present wishing to be heard. C. A. Armstrong, City Engineer, presented specifications for the construction of the trunk storm sewer outlet for Country Club Manor as presented by Toltz, King, Duvall, Anderson and Associates and also the estimate of cost for same in the amount of $12,251.50. Upon motion by Haas, second by Hanlon, the hearing was closed and the specifications and estimate of cost were referred to the Public Works Committee for recommendation. All voted in favor of the motion. Hearing on the construction of a sanitary sewer and water main in 2nd Street Northeast from 15th Avenue Northeast to the East k of Lot 18, Block 7, Morningside Suit -Division. There was no one present wishing to be heard. President pro tem Tingley declared the hearing closed. President pro tem Tingley stated this as being the time and place set for receiving and opening bids for the following projects: Bids for paving 7th Street Northwest between Broadway and llth Avenue Northwest. The bids of Palda and Sons, Inc. in the amount of $177,432.48; Doyle Conner Company in the amount of $182,271.61 and McCree & Company in the amount of $184,208.84 were each received and opened and upon motion by Morris, second by Wilkus, the same were referred to the Public Works Committee and the City Engineer for tabulation and report. 0 ` 3 Record of Official Proceedings of -the Common Council of the City of Rochester, Minn., July 21; 1958 OBWALD PUBLISHING Co., NEW ULMr MINN. 5195 Bids for construction of a curb and gutter and bituminous surfacing on 7th Street N. E. from 2nd Avenue N. E. to llth Avenue N. E. The bids of Rochester Sand & Gravel Company in the amount of $34,136.26 was received and opened and upon motion by Haas, second by Wilkus, the same w was referred to the Public Works Committee and City Engineer for tabulation and report. Bids.for construction of a water main and service connections in 10k and llth Avenue Southeast and 11'k Street Southeast in Gonderman & Thiel's Addition. The bids of Carlisle G. Fraser in the amount of $8,869.60 and Barbarossa & Sons, Inc. in the amount of $9,.998.00 were each received and opened and upon motion by Morris, second by Haas, the same were referred to the Public Works Committee and City Engineer for tabulation and report. Bids for construction of Part 2 of the N. W. storm sewer (north of 7th Street N. W. in Marshall High School Area). The bids of Barbarossa & Sons, Inc. in the amount of $91,592.15; Gjellefold Associates, Inc. in the amount of $94,494.08 and Carlisle G. Fraser, Inc. in the amount of $90,232.35 were each received and opened and upon motion by Hanlon, second by Morris, the same were referred to the Public Works Committee and City Engineer for tabulation and report. Bids for steel water storage standpipe for Northeast Service area. The bids of Pittsburgh -Des Moines Steel Company in the amount of $58,790.00; Meyer Machine Inc. in the amount of $74,350.00; The Darby Products of Steel Plate Corp. in the amount of $67,985.00; Chicago Bridge & Iron Company in the amount of $61,300.00 and Graver Tank & Mfg. Co., Inc. in the amount of $55,733.00 were each received and opened and upon motion by Haas, second by Hanlon, the same were referred to the Public Works Committee, City Engineer and Superintendent of the Water Department for tabulation and report. Mr. A. J. Olson of 327 - 7th Avenue Northwest was again present representing residents in Northwest Rochester and inquired if the Council could not do something to prevent Mr. Bert Leitzen from building a cement plant on the old Rochester Ice & Fuel property. He stated that they had beautiful homes in this area dnd did not think they, should be subjected to the dust and dirt from such a plant; most of these homes have children and there is danger of trucks going to and from the plant; that he understood a super highway was to be on 5th Street Northwest and felt it would be better and more economical if the City had to buy land for widening this street.to do so before the plant was built. Mr. Robert Sullivan of 422 - 8th Avenue N. W. and others were present in protest to construction of the plant. R. V. Ehrick, City Attorney, again explained that the City has a zoning ordinance, that this land is now and has been zoned industrial and if Mr. Leitzen makes application for a permit to build the Building Inspector has no alternative but to issue the permit and the Council has no authority to instruct him not to issue the permit. Mr. Leonard Leitzen was present and stated that his father hadbought, and paid a good price, for this land as industrial and if the zoning ordinance does not protect the buyer it has no meaning. He further stated that lots adjacent to industrial property were cheaper and also if this property were put into residential lots they would be adjacent to the railroad triacks which would not be desirable. Mayor Smekta informed those present protesting, that nothing could be done to stop construction of the plant but if it became a nuisance the Council could then act. 0 1 17J 1 1 • 1 Record of Official Proceedings of the Common Council `` 0 of #he. City,_ of. Rochester,, Minn.,. Ju 1 y 21 1958 . OBWALD PUBLIBNINO CO., NEW ULM, MINN. 5195 1 1 • 1 The Mayor's appointment of Mr. Robert B. Morris, Jr. of 908 - 18th Avenue Northeast to the Planning Commission, replacing Mr. John Miner, fora term of three years or until the second Monday in April, 1961 was read and upon motion by Haas, second by Hanlon, the Mayor's appointment of Mr. Morris to the Planning Commission was confirmed. The Mayor's appointment of Mr. John Miner of 1833 - 10th Street Northeast to the Zoning Board, replacing Mr. T. A. Heimer, for a term of five years or until the second Monday in April, 1963 was read and upon motion by Hanlon, second by McGuckin, the Mayor's appointment of Mr. Miner to the Zoning Board was confirmed. The request of Naegele Sign Company for permission to hang a street banner for the Olmsted County Free Fair across Second Street Southwest, between Dayton's and Woolworths, this banner to be displayed during the period August 5 - 11, 1958 was read and upon motion by McGuckin, second by Morris, their request was granted. A letter from the Olmsted County Bank & Trust Company offering their services of their bank as the collecting agent for payment of parking tickets was read and upon motion by Hanlon, second by Wilkus, the letter was referred to the City Security Committee, the Mayor's Traffic and Parking Committee and -the City Attorney for study. All voted in favor thereof. A letter from the Mayor's Parking and Traffic Committee submitting the following rec- ommendations concerning the satisfaction of tickets received for parking violations, was read and upon motion by Morris, second by Wilkus, the same was referred to the City Security Committee: 1. The physical handling of tickets should be removed from the Police Department Desk. Henceforth, the police department should have nothing to do with the satisfaction -of tickets for parking violations. 2. An office should be set up in the City Hall for the satisfaction -of such tickets. Suggested office space is•the Treasurer's Office on the main floor. 3. This office should be adequately manned. The personnel of this office while handling parking meter violations are under the jurisdiction of the Municipal Court. 4. A file should be kept recording the violations. As under the present system, follow up should be made on all tickets that are not satisfied and appropriate police action taken. 5. The operation of this office is to be covered by an ordinance passed by the City Council. On the presentation of a parking violations ticket from a first offender, such violation is to be excused after a courteous explanation of the meter program and the location of off-street parking lots. Subsequent violations are to be satisfied by paying a violations fee under a schedule set up by the Municipal Court. 6. In the event that a ticket and money are mailed•in from a first offender, the money is to be returned with a courteous letter, explaining the program (similar to the St. Paul letter). 7. A strict accounting of alltickets should be kept. A letter from the Mayor's Parking and Traffic Committee tequesting that the Common Council prepare and adopt a resolution to replace the existing three hour parking meters with thirty -sixty minute parking meters on Second Avenue Southwest between first and second Streets was read and upon motion by Wilkus, second by Morris, the letter was referred to the City Security Committee. A letter from the Mayor's Parking and Traffic Committee re: Off Street Parking was Presented (copies were previously mailed to Aldermen) and upon motion by Haas, second by Wilkus, they! same was referred to the Public Works Committee. A letter from C. A. Armstrong, City Engineer, recommending the appointment of Jerome Lalwer to the position of Permit & Records Clerk at 90% of the base salary of $4280.00 for Engineering Aide II beginning July 8, 1958 was read and upon motion by Haas, second by Wilkus, the same was referred n U 6 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., July 21, 1958 OSWALD PUBLIBNINB co., NEW ULM. MINIJ. SIBS - to the Public Works Committee. A letter from Phil's Fix -All, Inc. re: City of Rochester Two Way Maintenance was read and upon motion by Haas, second by Wilkus, the same was referred to the Internal Affairs Committee, the Chief of Police and the Fire Chief. A letter from the Airport Commission requesting permission to expend airport funds for providing electrical ducts under each of the two lanes of Highway_#63 in order to provide service for approach lighting, it is -estimated that the ducts will not exceed a cost of $900.00 for each lane, was read and upon motion by Haas, second by Hanlon, their request was approved and the City Attorney was instructed to prepare a resolution authorizing the said expenditure. All voted in favor thereof. A letter from the Department of Public Utilities stating that they were not interested in purchasing Lots 1 and 4, Block 48, of Morse and Sargent's Addition, since no need for it exists in the forseeable future, was read and President pro tem Tingley ordered the same placed on file. The request of Lyle W. Gardner that he be granted military leave, with pay, beginning on or about August 3, 1958 and ending on or about August 17, 1958, from the Rochester Fire Dept., was read and upon motion by Hanlon, second by Morris, his request was granted. All voted in favor thereof. A letter signed by Mrs. Claire Jones tenant at 120 - 5th Street S. W. submitting a bill in the amount of $21.20 for having sewer water pumped out of her basement was read and upon motion by Haas, second by Wilkus, her claim was referred to the Public Works Committee, the City Attorney and the City Engineer. All voted in favor thereof. A summons and complaint of LeRoy Shane, Inc. a corporation, plaintiff vs City.of Rochester, Minnesota, defendant (in the amount of $8,500.00) was read and upon motion by Wilkus, second by Morris, the same was referred to the City Attorney. A letter signed by members of the Mayo Civic Auditorium staff expressing their sincere thanks for the upward adjustments in salary passed by the Council for the current fiscal year was read and President pro tem Tingley ordered the same placed on file. A petition signed by Harold E. Whiting, Jessie Peck Whiting, A. Jay Sawinski and Helen E. Sawinski to have the following described land annexed to the City of Rochester was read and upon motion by Hanlon, second by Wilkus, the same was referred to the Planning Commission: A part of the Southwest Quarter (SW'k) and the Southeast Quarter*(SEk) of Section Twenty -Five (25), Township One Hundred Seven (107) North, Range Fourteen (14) West, Olmsted County, Minnesota, described by metes and bounds as follows: Beginning at the point of intersection of the centerline of llth'.Avenue Northeast projected and the North line of Peck's Fifth Addition to the City of Rochester, thence west along the'North line of said addition a distance of 136.2 feet, thence North along the East line of Peck's Third Addition a distance of 445.6 feet thence West,parallel to the South line of said Southwest 4uarter (SW') a distance of 22.51 feet, thence North along the East line of Peck's Third Addition a distance of 171.0 feet, thence North along the East line of Peck's Second Addition a distance of 353.49 feet, thence North along the East line of Peck's Fourth Addition a distance of 181.83 feet to the Northeast corner of Lot Seven (7) of said addition, thence Northwesterly along the North line of said lot a distance of 130.0 feet, thence Northeasterly at right angles to the Previous described course a distance of 216.0 feet to Northeast corner of Lot Six (6) in said addition, thence Southeasterly at right angles 1 • 1 1 • 1 40 Record of Official Proceedings of the Common Council of .the_.City..of Rochester,.. Minn., July 21; 1958 4.3-7 to the previous described course a distance of 526.0 feet, thence Southwesterly at right angles to the previous described course a distance of 284.8 feet, thence West at a deflection angle of 60 degrees 18 minutes to the right for a distance of 125.1 feet to a point which is 33.0 feet East of the center line of llth Avenue Northeast projected, thence South parallel to the center line of said avenue a distance of 894.48 feet to the North line of Peck's Fifth Addition, thence West 33.0 feet to the place of beginning. Also: C' Assuming the center line of Eleventh -Avenue Northeast in the City of Rochester, Minnesota, to be a due North and South line and commencing at the Southwest corner of the Southeast Quarter (SE') of Section Twenty-five (25), Township One Hundred Seven (107) North,.Range Fourteen (14) West, Olmsted County, Minnesota; and running thence due North along the center line of Eleventh Avenue Northeast if extended in a straight line 871 feet for a place ofbeginning, thence due North along the center line of said Eleventh Avenue 683.48 feet, thence South 89 degrees 23 minutes East 145 feet, thence due South 438 feet, thence due West • 12'feet, thence due South 214 feet, thence South 73 degrees 15 minutes West 104.43 feet to the East line of Eleventh Avenue Northeast if extended, thence North 89 degrees 23 minutes West 33 feet to the place of beginning; less the West 33 feet thereof. A letter from the Rochester West Company submitting the Final Plat of Country Club Manor 3rd Addition was read and President pro tem Tingley ordered the same placed on file. A letter from the Board of Public Health & Welfare recommending that Ordinance No. 860 of the City of Rochester which is the Grade A milk ordinance, be amended for two purposes: the first to include cottage cheese under.the requirements of the ordinance and the second to reduce the amount of the basic inspection fee, was read. Upon motion by Haas, second by Wilkus, the same was referred to the City Attorney to prepare an amendment to Ordinance No. 860 as requested. All voted in favor thereof. A notice from the Railmoad and Warehouse Commission granting an increase in rates to the Rock Island Transit Company between Rochester and Owatonna was read and President pro tem Tingley ordered the same placed on file. A letter from the Board of Park Commissioners requesting that the parking lot in Mayo Park, located adjacent to Center Street extending west from Third Avenue Southeast (Mayo Park drive) to private property (Thiem Sign Co.) be blacktopped and taken care of by the City Engineer and paid for out of the Parking Meter Fund was read and upon motion by Haas, second by Wilkus, the request was referred to'the Public Works Committee. All voted in favor thereof. A letter from Garnet Spring, Building Inspector, requesting that the Council take action • on the following items relating to the Inspection Department was read and upon motion by Hanlon, second by Wilkus, the letter was referred to the Internal Affairs Committee: I. Install Givil Service System. 2. Adopt regulations prescribing minimum requirements for employment of Inspectors. 3. City owned vehicles for transportation of Inspectors or proper reimbursement for use of privately owned cars. 4. Provide funds for Inspector's attendance at conferences and schools that are related to their'respective positions. 5. Close cooperation on any problems or questions, that are brought to the attention of the Mayor or Council Members that normally fall under the jurisdiction of the Inspection Department. The three following preliminary estimates submitted by the City Engineer were each read and President pro tem Tingley ordered the same §laced on file: (1) construction of curb and gutter and bituminous surfacing on 7th Street Northeast from 2nd Avenue Northeast to llth Avenue Northeast $39,179.05; (2) construction of water main and service connections in*10'k and llth Avenue S. E. and Ilk Street S. E. in Gonderman and Thiel's Addition $9,301.40; and (3) Paving of 7th Street / 1 ' Record of Official Proceedings of the Common Council of the City of Rochester, Minn., July 21, 1958 • OBWALD PUBLIBNIND CO., NEW ULM. MINN. 5195 Northwest $198,200.75. The following supplemental feasibility report on grading, surfacing, sanitary sewer, storm sewer, water main and service connections in 16th Avenue N. W. in Thomas First Addition was read; and upon motion by Haas, second by McGuckin, the report was -approved and the City Attorney was instructed to prepare a resolution ordering another hearing: " Honorable Mayor and Common Council City of Rochester, Minnesota Gentlemen: Since the feasibility report of Sept. 16, 1957 on the above project, a deferred assessment on account of a water improvement project has been initiated. The water improvement is entitled "A water tower to be located on the east side of 18th Ave. N. W., etc." All the lots in Thomas' First Addition are subject to the assessment for this water.tower, and this assessment should be included in the cost of the other basic improvements. Because this deferred assessment was not listed in the original Feasibility Report nor in the subsequent resolution and hearing, I recommend that another hearing be held on this improvement (Thomas First Addition) including Notice of this Water Twoer assessment. Respectfully, /s C. A. ARMSTRONG City Engineer" The following resolution adopted by the Sinking Fund Commission was read and upon motion by McGuckin, second by Morris, the action of the Sinking Fund Commission was approved: "Be it resolved by the Commissioners of the Sinking Fund of the City of Rochester, Minnesota: That the sum of $120,515.26 be and the said sum is hereby appropriated from the Sinking Fund of the City of Rochester, Minnesota and ordered paid to the First National Bank of Rochester, Minnesota, for the purchase of $120,000.00 par value of 2 5/8% U. S. Treasury Notes maturing February 15, 1963 (Principal- $119,662.50; Interest Accrued $852.76). Be it further resolved that the said 2 5/8% Notes U. S. Treasury Notes maturing February 15, 1963 be purchased for the following: Electric Department Depreciation Reserve - $100,000.00 Steam Department Depreciation Reserve - 20,000.00" A petition signed by Gerhard and Dorothy E. Betcher to have Lots 15, 16 and 17 in Edgewood Addition changed from a residential to a multiple dwelling zone was read and upon motion by Morris, second by Wilkus, the petition was referred to the Board of Zoning. Mr. Emrold Thiem, President of'the Charter Commission, was present and presented four proposed amendments to the City Charter to Mayor Alex P. Smekta. He stated that they had one more amendment (which would revise the annual municipal salary fixing period) which was being prepared by their Attorneys for consideration of the Commission at their meeting to be held on Wednesday evening and invited members of the Council to attend this meeting. The four following amendments were then read and upon motion by Wilkus, second by Morris, and all voting in favor thereof, the City Attorney was instructed to prepare a resolution ordering that the above ameitments be placed on a ballat to be be voted on at a special election to be held on September 9, 1958. AMENDMENTS OF THE CHARTER of the City of Rochester, Rochester, Minnesota The'Charter of the City of Rochester, adopted pursuant to Minnesota Constitution, Article 4, Section 36, and Minnesota Laws, 1903, Chapter 238, and ratified August 22, 1904, as amended is hereby amended by the substitution of the following in liey of Section 3, Section 15, Section 82, and Section 128, thereof, as follows: "Section 3. The said City shall be divided into six (6) wards, called the First, Second, Third, Fourth, Fifth and Sixth Wards. "The First Ward shall comprise all that part of the which lies east of 1 • I 1 u 1 • Record of Official :Proceedings of the Common _Council of .the._ City -of. Rochester,,. Min n., July 21, 1958 a3- fi 1 • 1 Broadway South and south of a line drawn east and west along the center of that part of Sixth Street Southeast lying east of Third Avenue Southeast, and extended westerly to said Broadway South, and extended easterly to the intersection of said Sixth Street Southeast and Thirteenth Avenue Southeast and thence southeasterly along the center of Old Trunk Highway Number Twenty (20), (being that street extending southeasterly from the intersection of Sixth Street Southeast and Thirteenth Avenue Southeast to the intersection of Highways Fourteen (14) and Fifty-two (52) to Eight and One-half (8k) Street Southeast, thence easterly along the center of Eight and One-half (82) Street Southeast to the eastern limits of the City. "The Second Ward of the said City shall comprise all that part of the said City which lies west of Broadway South and south of a line commencing at the center of the intersection of Sixth Street Southwest and Broadway South, thence, west along the center of Sixth Street Southwest to the center of Highway Fifty-two (52), as presently laid out, thence north along.the center of Highway Fifty-two (52) to the center of Fifth Street Southwest, thence westerly along'the center of Fifth Street Southwest to the western limits of the City. "The Third Ward shall comprise all that part of the City which lies north of the Second Ward and west of Broadway North and South and south of a line drawn east and west along the center of Seventh Street Northwest to the inter- section of Seventh Street Northwest, if extended and the Chicago Northwestern Railroad Right -of -Way, thence westerly along the center of the said Chicago, Northwestern Railroad Right -of -Way to the western limits of the City. "The Fourth Ward shall comprise all that part of the said City which lies north ofthe First Ward and east of Broadway North and South and south of a line drawn east and west along the center of Seventh Street Northeast to the eastern limits of said City. "The Fifth Ward shall comprise all that part of the said City which lies north of the Fourth ,lard and east of Broadway North. "The Sixth Ward shall comprise all'that part of the said City which lies north of the Mhird Ward and west of Broadway North." Section 15. The elective officers of each ward shall be one Alderman. The Alderman from each of the odd numbered wards shall be elected in each odd numbered year and shall each hold office for two (2) years and until his successor is elected and qualified. The Alderman from each of the even numbered yards shall be elected in each even numbered year and'shall each hold office for two (2) years and until his successor is elected dnd qualified. The term of office of all Aldermen holding office on the effective date of this amendment shall expire on the first Monday in April, 1960, and the residence provisions of Section 22 of this Charter shall not operate to vacate the office of any Alderman holding office between such effective date and the first Monday in April, 1960. Any Alderman elected from an odd numbered ward in the general City election in 1960 shall hold office for one (1) year and until his successor is elected and qualified." Section 82. The legislative authority of the City shall be vested in a Common Council, which shall be composed of an Alderman at Large and one Alderman from each ward in the City." Section 128. There shall be a Board of Park Commissioners of the City of Rochester, to consist of one member from each ward and one member at large, appointed by the Mayor and confirmed by the Common Council. They shall be residents and freeholders of the City. Each shall hold office for two (2) years. A Park Commissioner shall be appointed from each odd numbered ward on the second Monday in April in each odd numbered year and a Park Commissioner shall be appointed from each even numbered ward on the second Monday in April in each'even numbered year. The Park Commissioner at Large shall be appointed on the second Monday in April in each odd numbered year. The term of office of all Park Commissioners holding office on the effective date of this amendment shall expire on the second Monday in April, 1960. The term of office of the Park Commissioner at Large and the Park Commissioners from odd numbered yards, appointed on the second Monday in April, 1960, shall expire on the second Monday in April, 1961." This amendment shall take effect as of the first day of January, 1960. The Charter of the City of Rochester, adopted pursuant to Minnesota Constitution, Article 4, Section 36 and Minnesota Laws, 1903, Chapter 238, and ratified August 22, 1904, as amended, is hereby amended by the amendment of Section 163, Section 164 and Section 131 as follows: I. Section 163-is amended by the addition, immediately following subdivision "Sixteenth" thereof, of a new paragraph to be numbered subdivision "Seventeenth" and to read as follows: 0 0 Record of Official Proceedings of .the Common Council of the .City of Rochester, Minn., July 21, 1958 "Seventeenth. An Auditorium Fund, into which shall be paid all taxes levied by the Common Council for the purpose of operating, maintaining, repairing and improving municipal auditoriums, and all revenue produced by the operation of municipal auditoriums." II. Section 164 is amended by addition at the end thereof of a new paragraph to read as follows: "For the Auditorium Fund, so much as it may deem necessary for the operation, maintenance, repair and improvement of municipal auditoriums, not exceeding one and one-half (1'k) mills on the dollar of such assessed valuation." III. Section 131 is amended by the addition at the end thereof of a new sentence to readas follows: "Municipal auditoriums, and facilities incident thereto as defined by the Common Council, located in city parks shall be'under the manage- ment and control of the Common Council, or such person or board, whether then existing or established for this purpose, as the Common Council, by resolution, may designate." The Charter of the City of Rochester, adopted pursuant to Minnesota Constitution, Article 4, Section 36, and Minnesota Laws, 1903, Chapter 238, and ratified August 22, 1904, as amended is hereby amended by the substitution of the following in lieu of Section 14 thereof, as follows: "Section 14, The elective officers of said city shall be a Mayor, an Alderman at Large, an Assessor, and'a Treasurer. The Mayor'shall be elected,at,:thd general City election in each odd numbered year, -and shall hold office for a term of two (2) years, and until his successor is elected and qualified. The Alderman at Large shall be elected at the general City election in each even numbered year, and shall hold office for a term of two (2) years, and until his successor is elected and qualified. The Assessor Elected in 1959'shall hold office four (4) years and until his successor shall be elected and qualified and the Treasurer elected in 1959 shall hold office two (2) years and until his successor is elected and qualified. Each Assessor and each Treasurer elected subsequent to 1959 shall hold office four (4) years and until his successor is elected and qualified. Any Assessor or Treasurer elected at a time other than the time such officer should be chosen, by reason of a vacancy in such office, shall hold office only for the unexpired term thereof." The Charter of the City of Rochester, adopted pursuant to Minnesota Constitution, Article 4, Section 36, and Minnesota Laws, 1903, Chapter 238, and ratified August 22, 1904, as amended is hereby amended by the substitution of the following in lieu of Section 293 thereof, as follows: "Section. 293. The following officers of the City shall receive each year salaries as follows: "The Mayor ($2400.00); Aldermen, each, ($1800.00). "In addition to his salary, the Mayor shall in any and all events have the exclusive control of a contingency fund in the amount of One Thousand Dollars ($1,000.00) each year, or in'such greater amount as the Common Council may be resolution provide. Expenditures made from this fund shall be subject to such post -audit as the Common Council may provide." The following letter from Hutchinson -Sauer, Inc. was read and upon motion by Hanlon, second by Wilkus,-the same was referred to the Public Works Committee: "To the Honorable Mayor and Members of the Common Council City of Rochester Gentlemen: In accordance with the prior understanding between Mr. 0. J. Allerton and the Common Council, and in accordance with our petition now on file, we are writing to ask for the annexation of the approximately seventy-eight (78) acres of land located in Section Twenty-two (22) of Cascade Township described in our earlier petition. The understanding to which we refer is that recorded in the proceedings 1 • Ll 0 1 Record of Official Proceedings of .the. Common Council 441 of the City of Rochester, .Minn., July 21, 1958 1 0 1 1 • 1 0 B WAL'D-P U B LI6'H I N D-C D-N E W'U L'M-M I N N--519 5 - I of the Council for May 20th, 1957, during which objections were withdrawn to the Rolling Greens annexation because it involved the partial annexation of a tract of land adjacent to that which we are proposing to annex. These objections were withdrawn by the Council on the undertaking of Mr. Allerton that the owners of that land would "go along with it" if at a later time the Council approved of the proposed annexation of this land. We are writing to ask if steps can be taken now to have this understanding carried out so that the pending'petition for this annexation could be acted upon favorably. Very respectfully yours, HUTCHINSON-SAUER, INC. /s Fred.L. Sauer, President" Mr. Pat Conway of Byron, Minnesota stated that he and his brother-in-law owned the farm directly East of Country Club Manor and inquired if the ditch was going to be ground level or would be elevated. C. A. Armstrong, City Engineer, stated that according to the plans the banks of the ditch would be about.l2 feet above ground level. The recommendation of the Public Works Committee and the City Engineer that the bid of Rochester Sand & Gravel Company for the construction of a curb and gutter and bituminous surfacing on 7th Street Northeast from 2nd Avenue to llth Avenue Northeast be accepted at the unit prices bid and checks be returned to the unsuccessful bidders was read and upon motion by Haas, second by Hanlon, the recommendation was approved. .All voted in favor thereof. The recommendation of the Public Works Committee and the City Engineer that the bid of Carlisle G. Fraser, Inc. for construction of a water main and service connections in 10k and llth Avenue Southeastland ll' Street Southeast in Gonderman and Thiel's Addition be accepted at the unit prices bid and checks be returned to the unsuccessful bidders was read and upon motion by Morris, second by Haas, the recommendation was approved. All voted in favor thereof. The recommendation of the Public Works Committee and the City Engineer that the bid of Carlisle G. Fraser, Inc. for construction of Part 2 of the N. W. Storm Sewer (North of 7th St. N. W. in Marshall High School Area) be accepted at the unit prices bid and checks be returned to the unsuccessful bidders was read and upon motion by Haas, second by Hanlon, the recommendation was approved. All voted in favor thereof. The recommendation of the Public Works Committee and the City Engineer that the bids for the 1,000,000 gallon water standpipe for the High District of the Northeast Service Area be taken under advisement, pending aruangements with owners of benefitted lands for the deposit of the 25% of their estimated assessment as recommended by the Water Committee on March 24, 1958 was read and upon motion by Haas, second by McGuckin, the recommendation was approved. All voted in favor thereof. The recommendation of the Public Works Committee that a resolution be adopted authorizing the Mayor and City Clerk to execute the following agreement accepting County Aid from Olmsted County for paving of 7th Street Northwest from North Broadway to llth Avenue Northwest was read, and upon motion by Wilkus, second by Haas, the recommendation was accepted and the City Attorney was instructed to prepare a resolution authorizing the Mayor and City Clerk to execute the said Agreement: 11Aggeement made this 25th day of July, 1958, between the County of Olmsted in the State of Minnesota, acting by and through its Board of County Commissioners, hereinafter referred to as the County and the City of.Rochester, Minnesota,a 0 2- Record of Official - Proceedings of the Common Council of the City of Rochester,. Minn., July 21, 1958 OSWALD PUBLISHING CO.. NEW ULM� MINN 3193 municipal corporation, hereinafter referred to as the City, WHEREAS, County State Aid Highway No. 33, running in an Easterly and Westerly direction in the City of Rochester, and said highway being also known as Seventh Street Northwest in the City of Rochester, and WHEREAS, the Mayor, represen'tative of the Common Council, and the City Engineer of the City of Rochester, met with the Board of County Commissioners at the Court House in the City of Rochester on July 15, 1958 and presented the proposed plans for concrete paving of a portion of said County State Aid Highway No. 33 in the City of Rochester beginning at North Broadway and extending in a Westerly direction along said highway to Eleventh Avenue Northwest in the City of Rochester, a distance of 3,936.75 lineal feet, and WHEREAS, as a result of this presentation and after due deliberation by the Board of County Commissioners, it was agreed that the County par- ticipate in the cost of the center 24 feet of the concrete paving of said highway from North Broadway to Eleventh Avenue Northwest in the City of Rochester. NOW THEREFORE, it is hereby mutually agreed between the County and the City that the County will participate in the cost of the center 24 feet of the concrete paving of County State Aid Highway No. 33 from North Broadway to Eleventh Avenue Northwest in the City of Rochester on the basis of $10.00 per lineal foot, payment to be made by the County to the City of Rochester upon satisfactory completion as certified by the County Engineer to the County Auditor. For the purpose of this agreement, the paving will be satisfactorily completed when the following requirements are met: (a) The plans are approved by the Department of Highways of the State of Minnesota as meeting the requirements for projects financed with County State Aid Highway Funds. The construction of the highway will be in accordance with the standard concrete paving specifications of the Department of Highways of the State of Minnesota. (c) The width of concrete paving between the curbs shall'be not less than 44 feet. It is further mutually.agreed that the total contribution of the County to this project is $10.00 per lineal foot, that the costs of plans and necessary engineering services are to be borne by the City and that the contract for the construction and the monthly estimates for contract payments are to be handled by the City. IN TESTIMONY WHEREOF, theCounty and The City have duly executed this agreement by their duly authorized officers and have caused their respective seals to be hereunto affixed."' The recommendation of the Public Works Committee that sidewalk approaches to John Marshall High School be initiated•as a Local Improvement Project under State Statute (Chapter 429) to be constructed at the following locations was read and upon motion by Wilkus, second by Morris, the recommendation was accepted: 1. the south side of 14th Street N.W. from 2nd Ave. N.W. to T.H. 52. ' 2. The north side of loth St. N.W. from 6th Ave. N.W. to loth Ave. N.W. 3. On both sides of 12th St. N.W. from llth Ave. N.W. to John Marshall High School. 4. The north side of 7th St. N.W. from 9th Ave. N.W. to 13th Ave. N.W. 5. On both sides of 13th Ave. N.W. from 7th St. N.W. to 9th St. N.W. 6. On both sides of llth Ave. N.W. from 5th St. N.W. to 7th St. N.W. 7. On both sides of 16th Ave. N.W. from 14th St. N:W. to Elton Hills Drive. 8. On both sides of Elton Hills Drive from U. S. 52 to the erid of Elton Hills Drive in Elton Hills 3rd Addition. Upon motion by Haas, second by Hanlon, a five minute recess was called. President pro tem called the meeting to order again at 9:00 o'clock P. M. The recommendation of the Public Works Committee that they be' authorized to replace the concrete driveways at the City gasoline pump on 6th St. S.W. at the estimated cost of $1400.00 was read. Upon motion by Haas, second by Hanlon, the recommendation was accepted. The recommendation of the Public Works Committee that 17th Street Northwest be extended from 18th Avenue Northwest to the West Service Drive of T. H. # 52 as previsouly recommended by the Survey Committee and the Planning & Zoning Commission on March 17, 1958 and that steps for acquiring the necessary right-of-way be initiated was read. Upon motion by Hanlon, second by McGuckin, the 1 0 1 1 • 1 recommendation was referred back to the Public Works Committee. �1 • Record of Official Proceedings of. the Common Council of -the-City-of Rochester,..Minn.. July 21, 1958 44.3 I • 1 1 E The recommendation of the Public Works Committee that provisions be made in the 1959 Budget for purchase of the land in Section 14 Cascade Township on which an option was secured last spring and that the option be exercised and the land purchased before the expiration date was read. Upon motion by Haas, second by Hanlon, the recommendation was accepted. The following report on feasibility of proposed local improvement submitted by the City Engineer was read: "Honorable Mayor 4 Common Council City of Rochester, Minnesota G A resolution proposing construction of sidewalk approwhes to John Marshall High School was referred to this office on July 21, 1958 for Engineers Preliminary Report. We report that the improvement is feasible. However, construction of sidewalk on the south side of 14th St. N. W. from 2nd Ave. N. W. to Cascade Creek and on llth Ave. N. W. from 5th St. N. W. to 7th St. N. W. cannot be made until the proposed street improvements are made, which will not be until 1959' The_estimated'costs, made without survey or plans are'$50,000.00. Because of the time required for the hearing, plans, and -advertisement, the earliest possible date for bids on any of this work will be Sept. 1, and.the amount limited. /s C. A. Armstrong, City Engineer The recommendation of the Public Works Committee that they had considered the above project and recommended its construction, with the cost assessed against the abutting properties was read and upon motion by Wilkus, second by Morris, the recommendation was accepted. The following report on feasibility of proposed local improvement submitted by the City Engineer was read: "Honorable Mayor & Common Council City of Rochester, Minnesota A certain petition requesting construction of curb and gutter on the south side of 1st St. N. W. between 13 and 16 Ave. N. W. referred to this office on Dec. 3, 1956 has been examined, checked and found to be in proper form and to be signed by 75% of the 12 property owners of record, representing 77% in frontage of propery affected by the making of the improvement which is petitioned. The Engineers report that the improvement is feasible and recommends its construction, The estimated cost, made without surveys or plans is $1,750.00 /s C. A. Armstrong, City Engineer The report of the Public Works Committee that they had considered the above project and recommended its construction with the cost to be assessed against the North 70 ft. of Lot 2 and the North 70 ft. Lot 3, Blk 3, Kutzky's 2nd Addition, also Lots 6,7,10,11,14,15,18,19,22 and 23, Block 3, Kutzky's 2nd Addition, was read and upon motion by McGuckin, second by Morris, the recommendation was accepted. The following report on adequacy of petition and feasibility of local improvement submittec by the City Engineer was read: "Honorable Mayor & Common Council City of Rochester, Minnesota A certain petition requesting curb and gutter on 18th Ave. N. E., north of 9th St. N. E. in Block 4, Miner's Heights Addition referred to this office on April 29, 1958 has been examined, checked and found to be in proper form and to be signed by 50% of the 6 propery owners of record, representing 50% in frontage of 1propeity affected by the making of the improvement which is petitioned. The Engineers report that the improvement is feasible in all respects except that the signers of the petition have made their request contingent on the cost of the curb and gutter around the center island being paid from City Funds. The island curb and gutter is $700. The cost of the curb and gutter and driveway approaches abutting the private property if $1500. The estimated cost, made without surveys or plans is $2,200.00. /s C. A. Armstrong, City Engineer 0 `The recommendation of the Public Works Committee stating that they had considered the above project 444 Record of Official Proceedings of the Common Council of the City_ of Rochester,. Minn., July 21, 1958 OSWALO PUBLISHING CO., NEW UL., MIN.. 8195 and does not recommend its construction because of the conditional nature of the petition, and do not recommend the public expenditure of $700 for this local improvement, was read and upon motion by Wilkus Wilkus, second by Haas, the recommendation was approved. following The/report on adequacy of petition and feasibility of local improvement submitted by the City Engineer was read: "Honorable Mayor & Common Council City of Rochester, Minnesota A certain petition requesting *curb and gutter be constructed on 15th Street Northwest, west of 8th Avenue Northwest in Washington Subdivision referred to this office on Dec. 17, 1957 has been examined, checked and found to be in proper form, and to be signed by 80% of the 10 property owners of record, representing 81% in • frontage of property affected by the making of the improvement which is petitioned. The Engineers report that the improvement is feasible and recommends its construction provided curb and gutter is also constructed on the east side of .Lot 11- Block 2 which is the corner lot abutting 8th Ave. N. W. In this case, the project title should be changed to: "Curb and Gutter on 15th St. N. W. west of 8th Ave. N. W. and on 8th Ave. N. W. abutting Lot 11, Block 2, in Washington Sub-dvision." The estimated cost, made without surveys or plans is $2,800.00 /s C. A. Armstrong, City Engineer" The recommendation of the Public Works Committee that they had considered the above project and recommended its construction, with the cost to be assessed against Lots 1 to 11, Block 2, Washington Subdivision, was read and upon motion by Morris, second by McGuckin, the recommendation was approved. The recommendation of the Public Works Committee stating that they had reviewed the preliminary plat of Country Club Manor 4th Addition as recommended by the Planning & Zoning Commi- sion and recommend that the plat be granted preliminary approval, was read and upon motion by Hanlon, second by McGuckin, the recommendation was accepted. The recommendation of the Public Works Committee stating that they had reviewed the preliminary layout ofl5th Street Northwest from llth Avenue N. W. to 8th Avenue N. W. as redommended by the Planning and Zoning Commission and recommend that the plan dated May 22, 1958 and on file I� in the City Planning Director's Office be granted preliminary approval was read and upon motion by Wilkus, second by Hanlon, the recommendation was accepted. The recommendation of the City Security Committee that the request of the Board of Public Health & Welfare to employ Mr. Guillermo Poblete Poblete of Valparaiso, Chile as public • health engineer, effective October 1, 1958, be approved and that Mr. Poblete be paid the salary of $6,900.00 per year, the amount set for a public health engineer by resolution, was read and upon motion by Haas, second by Morris, the recommendation was approved. The recommendation of the Public Works Committee stating that they had reviewed the final plat of CountryClub Manor 3rd Addition as recommended b the Planning and Zoning Commission Y g g and recommend that the plat be granted final approval subject to receipt of the City Engineer's report was read together with the report of the City Engineer stating that he had examined the plat of Country Club Manor Third Addition, that it meets the requirements of Ordinance 704 and is recommended for acceptance. Upon motion,by McGuckin, second by Haas, the recommendation was approved and the City Attorney was instructed to prepare a resolution approving the said plat. The recommendation of the Public Works Committee stating that they had reviewed the 0 Record of: Official Proceedings -of - the Common Council of the City ..of Rochester,_. Minn., .. �Ju 1 y -21, 1958 1 • 1 1 C� recommendation of the City Planning and Zoning Commission dated July 17, 1958, regarding the retaining of alprofessional city planning firm to prepare a "Comprehensive Plan for the City of Rochester. They further stated that they agree to the need for a comprehensive city plan, but because of the scope of this program, they recommend that the subject be referred to a committee of the council as a whole for consideration and recommendation. Upon motion by Haas, second by Hanlon, the recommendation was accepted. The following letter from The Kruse Company was read and upon motion by Haas, second by Morris, the same was referred to the Planning and Zoning Commission: "The Honorable Mayor and the Common Council of the City of Rochester Rochester Minnesota Gentlemen: This letter is in the form of a request for permission and acceptance to make a change in Folwell Heights plat, permitting the extension of Folwell Court to the west, to the extreme end of the property line, to facilitate future growth and development of the lands immediately adjoining Folwell Heights to the west. It is our intention to dedicate sixty six (66) feet for'an extension of this street to The City of Rochester immediately so as to avoid confusion and condemnation for street purposes at a later date. The City Planning Director, Mr. Moore, the City Engineer, Mr. Armstrong, as well as the owner of the land directly to the west, John Pougiales, have been fully informed of this recommendation. A plat is hereto attached showing this outline in'detail. Very truly yours, THE KRUSE COMPANY /s 0. J. ALLERTON, President" The application for transfer of "On Sale" 3.2 beer license No. 957 at the Mayo Field Ball Park Concession from the Rochester Baseball Association to the Rochester Board of Park Commiss- ioners was read. The application for transfer had not been signed by a representative of the Rochester Baseball Association. Upon motion by Haas, second by Hanlon, the transfer was granted subject to the signature of the President of the Rochester Baseball Assn. All voted in favor thereof. The applications of Robert P. DeLisle, Outdoor Theatre and Harold J. LaPlante for a licen to sell cigarettes and the application of Robert P. DeLisle for a license to sell soft drinks were each read and upon motion by Haas, second by Hanlon, the licenses were granted. The application of Chester Modjeski for a Journeyman Warm Air Heating, Ventilating and Air Conditioning Worker's License was read and upon motion by Haas, second by McGuckin, the license was granted. The indemnity bond for lost order or warrant and affidavit of David G.Hanlon in the amount of Sixty-two and 50/100 was read. A motion was made by Alderman Hanlon that the bond be approved and a duplicate check be issued. His motion was lost for want of a second. A motion was then made by Wilkus, second by Hass, that this be tabled until next Monday. All voted in favor thereof, except Alderman Hanlon who voted "no". The contract bonds of Carlisle G. Fraser, Inc. (2) in the amounts of $33,734.27 and $52,408.75 with the Federal Insurance Company as surety; Doyle Conner Company in the amount of $6,980.80 with the Western Surety Company as surety; Donald W. and Wesley R. Elford in the amount C � J 446 Record of Official Proceedings of the Common Council of the City of Rochester,. Minn., Ju 1 y 21 ,• 1958 • OSWALD PUBLISHIN13 CO.. NEW ULM• MINN. 5195 of $6,800.00 with the Fidelity & Casualty Company of New York as surety; and Acton Construction Company in the amount of $23,246.00 with the American Casualty Company of Reading, Pa. as surety were each read and the same were referred to the Mayor for his approval. The report of the City Weighmaster for the month of June, 1958 showing fees collected for loads weighed $117.85 was read and the same was ordered placed on file. The report of the City Treasurer for the month of June, 1958 was read and the same was ordered placed on file. The reports of the Clerk of Municipal Court for thw week ended July 3, 1958 showing total criminal fines and costs collected and civil fees received $1,566.45 and total remitted to the City Treasurer $778.25; and for thw week ended July 11, 1958 showing total criminal fines and costs collected and civil fees received $1,227.40 and total remitted to the City Treasurer $675.20, were each read and having been approved by the City Attorney, President pro tem Tingley ordered the same placed on file. The following resolutions were each introduced and read, and upon motion made, seconded and all voting in favor thereof, President pro tem Tingley declared the said resolutions duly passed k and adopted; Resolution ordering the following improvement to be made as proposed: Construction of a sanitary sewer, water main, service connections, grading and surfacing in 3rd Avenue Northeast in Edgewood Addition. Upon motion by Haas, second by Hanlon, resolution adopted. Resolution authorizing substitution by Northwestern National Bank of $150,000.00 1 5/8% U. S. Certificates of Indebtedness for 2'k7. U. S. Treasury Bonds. Upon motion by Hanlon, second by McGuckin, resolution adopted. Resolution authorizing Rochester Airport Commission to negotiate and directing the Mayor and City Clerk to execute a contract to install electrical ducts under Trunk Highway No. 63 to provide service for approach lighting East of said Highway. Upon motion by Haas, second by Hanlon, resolution adopted. Resolution authorizing and directing the Mayor and City Clerk to execute an agreement between the County of Olmsted and City of Rochester for County Aid for concrete paving of 7th Street Northwest from North Broadway to llth Avenue Northwest. Upon motion by Morris, second by Wilkus, resolution adopted. Resolution accepting plans and specifications and ordering bids for the grading and bituminous surfacing of streets in 102 Avenue Southeast, 11k Street Southeast in Gonderman & Thiel's Addition and llth Avenue Southeast from llth to 11'k Street Southeast. Upon motion by Wilkus, second by Haas, resolution adopted. Resolution referring proposed improvement for feasibility report and recommendation for the following improvement: construction of sidewalks at several given locations. Upon motion by Haas, second by Hanlon, resolution adopted. Resolution receiving preliminary report, ordering a public hearing and directing pre- paration of plans and specifications in respect to the following improvement: consttruction of 1 CJ 1 1 • 1 sidewalks at severi given locations. Upon motion by Hanlon, second by Haas, resolution adopted. 0 Record of Official Proceedings of the. Common Council of -the City -of Rochester,..Minn., July'21, 1958 4'�_>: �jj : �II U'Z C� C� • 1 1 • 1 Resolution declaring cost to be assessed and ordering preparation of proposed assessment for the following local improvement: construction of a sanitary sewer, water main, sewer and water service connections, storm sewer and grading in Sunset Terrace Addition. Upon motion by Hanlon, second by McGuckin, resolution adopted. Resolution ordering a hearing on the proposed assessment for the following local improvement: ,construction of a sanitary sewer, water main, sewer and water service connections, storm sewer and grading in Sunset Terrace Addition. Upon motion by McGuckin, second by Morris, resolution adopted. Resolution determining adequacy of improvement petition., receiving preliminary report, ordering a public hearing and directing preparation of plans and specifications in respect to the following improvement: construction of a curb and gutter on 15th Street Northwest west of 8th Avenue N. W. in Washington Subdivision. Upon motion.by Morris, second by Wilkus, resolution adopted. Resolution determining adequacy of improvement petition, receiving preliminary report, ordering a public hearing and directing preparation of plans and specifications in respect to thel following improvement:. construction of a curb and gutter on the south side of 1st Street N. W. between 13th and 16th Avenue N. W. Upon motion by Wilkus, second by Haas, resolution adopted. Resolution referring improvement petition for determination of adequacy, feasibility report and recommendation for the following improvement: street grading and surfacing and con- struction of a sanitary sewer, storm sewer, water main and service connections in 5th Avenue Northeast south of 14th Street Northeast in Rutz's Sub -Division. Upon motion by Hanlon, second by Morris, resolution adopted. Resolution accepting the bid of Carlisle G. Fraser, Inc. for the following local improvement: construction of Part 2 of the N. W. storm sewer (north of 7th Street Northwest in Marshall High School Area). Upon motion by Morris, second by Wilkus, resolution adopted. Resolution accepting the bid of Carlisle G. Fraser, Inc. for construction of a water main and service connections in 10'k and llth Avenue Southeast and 11'k Street Southeast in Gonderman and Thiel's Addition. Upon motion by Wilkus, second by Haas, resolution adopted. Resolution accepting the bid of Rochester Sand & Gravel Company for the construction ofl a curb and.gutter and bituminous surfacing on 7th Street Northeast and 2ndAvenue Northeast to llth Avenue Northeast. Upon motion by Hanlon, second by McGuckin, resolution adopted. Resolution appropriating $126.30 from the General Fund, $769.91 from the S & A Fund, $4,258.15 from the Fire Protection Fund, $26.80.from the Police Fund and $132.55 from the .Parking Meter Fund and ordering payment made to George Davis, Treasurer, $4,245.00; H. R. Erickson Machine Co., $419.91; H. C. Ormes Construction Equipment Co., $350.00 and Quality Printers & Stationers, $298.80. Upon motion by Haas, second by McGuckin, resolution adopted. Resolution appropriating $220.00 from the P.I.R. Fund and ordering payment made to Twin City Testing and Engineering Lab.,.Inc. Upon motion by McGuckin, second by Morris, resolution adopted. 0 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., July 21, 1958 Resolution appropriating $30,759.84 from the P. I. R. Fund and ordering payment made to Chicago Bridge and Iron Company. Upon motion by Morris, second by Wilkus, resolution adopted. Resolution appropriating $562.40 from the Parking Meter Fund kand ordering payment made to E. A. Danewick Paint Company. Upon motion by Wilkus, second by Haas, resolution adopted. Resolution appropriating $213.40 from the General Fund, $2.16 from the S & A Fund and $4,434.16 from .the Lighting Fund and ordering payment made to City of Rochester, P.U. Upon motion by McGuckin, second by Morris, resolution adopted. Resolution appropriating $1,239.86 from the Park Improvement Fund.and ordering payment made to Woodruff Company, $294.78; City of Rochester, P.U., $241.28; Surety Waterproofing Company, $298.80; Mayo Civic Auditorium Revolving Fund, $405.00. Upon motion by Hanlon, second by McGuckin, resolution adopted. Resolution appropriating $3,648.71 from the Park Improvement Fund and ordering payment made to Mayo Civic Auditorium Revolving Fund, $1,348.90; Crowley Fence Co., $1,453.20; Rochester Dairy Coop., $371.20 and LyonChemical Co., $475.41. Upon motion by Hanlon, second by McGuckin, resolution adopted. Resolution appropriating $304.97 from theGeneral Fund, $1,210.16 from the S & A Fund, $147.00 from the Fire Protection Fund, $62.32 from the Sewer Fund, $802.42 from the Police Fund and $36.10 from the Parking Meter Fund and ordering payment madeto City of Rochester, General Fund, $2,073.39 and N. W. Bell Telephone Co., $489.58. Upon motion by McGuckin, second by Morris, resolution adopted. Resolution appropriating $2,115.54 from the Fire Protection Fund and ordering payment made to Motorola C & E Inc. $630.44 and Fire and Safety, Inc. $1,485.10. Upon motion by Morris, second by Wilkus, resolution adopted. Resolution appropriating $2,007.36 from the Sewer Fund and $595.59 from the Lighting Fund and ordering payment madeto City of Rochester, P. U. $2,089.95; Lyon Chemical Company, $256.50 and Merchants Chemical.Co., Inc. $256.50. Upon motion by Wilkus, second by Haas, resolution adopted. Resolution appropriating $3,421.97 from the General Fund k and ordering payment made to Standard Oil Company, $1,002.58; Rochester Post Bulletin, $371.76'and The Johnson Company, $359.53. Upon motion by Haas, second by Hanlon, resolution adopted. Resolution appropriating $525.98 from the Street & Alley Fund and $285.00 from the Parking Meter Fund and ordering payment made to Stephen B. Woodward $286.78; Patterson Rock Products, $239.20 and Minnesota Mining & Mfg. Co., $285.00. Upon motion by Hanlon, second by McGuckin, resolution adopted. Resolution appropriating.$716.73 from the P. I. R. Fund and ordering payment m ade to Toltz, King, Duvall, Anderson and Associates. Upon motion by McGuckin, second by Morris, resolution adopted. Resolution appropriating $958.08 from the P. I. R. Fund and ordering payment made to Littrup Nielson. Upon motion by Morris, second by Haas, resolution adopted. 1 u 1 1 • 1 0 Record of Official Proceedings --of the. Common Council 49 - of the City of Rochester,, -Minn., July 21', -1958 Resolution appropriating $36,368..00 from the Fire Protection Fund and ordering payment made to Maxim Motor Company. • Upon motion by Wi.lkus,.second by Haas, resolution adopted.. Resolut-ion appropriating $71,948.40 from the Permanent Improvement Fund and ordering payment made to Acton Construction Company. Upon motion by McGuckin, second by Hanlon, resolution adopted. ! Resolution appropriating $1,079.22 from the.Permanent Improvement Fund. and ordering C.� payment made to Toltz, King, Duvall, Anderson and Associaties, Inc. Upon motion by. Morris, second by Wilkus, resolution adopted. > • Resolution appropriating $2,967.65 from the -Street & Alley Fund and ordering payment made to Clements Chevrolet Company. Upon motion by Hanlon, second by McGuckin, resolution adopted. Resolution appropriating $4,789.00 from the Permanent Improvement Fund and ordering payment made to John Weis and Son. Upon motion by Morris, second by Wilkus, resolution adopted. Resolution granting a variance of Zoning Ordinance so as to permit.the construction of a garage extension on Lot 5, Block 6, Parkside Sub -Division to a point not to execeed 6 feet west of the east line of said lot at the request of Roy Watson Jr. Upon motion by Haas, second by Hanlon, resolution adopted. Resolution initiating proceedings for -condemnation and taking.of certain lands in Outlot 25, Northern Addition, City of Rochester, County of Olmsted, State of Minnesota, for additional right-of-way in order,to construct 19th Street Northeast. Upon motion by Wilkus, second by Haas, resolution adopted. . -Resolution approving the plat of Country Club Manor Third Addition. Upon motion by Hanlon, second by McGuckin, resolution adopted. The following -resolution was read and upon motion by Hanlon, second by McGuckin,.the resolution was adopted: "Be it resolved by the Common Council of the City of Rochester that Mr. Ralph Ellingwood, who was commissioned by the Council to assemble and prepare the report to the people on City Government operations during the last fiscal year, be specially commended for the excellence of this report. The Council considers the report to be comprehensive, accurate, well organized and presented in a readable and readily understandable form. . Mr. Ellingwood has combined his general knowledge -and experience with a special knowledge of this City's operations and affairs to produce an • interesting, factual report which is a credit'to himsel and the City, and the Common Countil takes this opportunity to commendlhim fro so skillfully assembling and preparing its report to the people of the City of Rochester," The following claims were each read and upon motion by Morris, second by•Haas,.the same were approved and the Mayor and City Clerk were authorized and directed to draw warrants upon the City Treasurer and make payments accordingly; From the General.Fund:, League of Minnesota,Municipalities, $3.00; Monte's, $44.25; .Burroughs Corporation, $10.90; Thermo Fax Co., $3.50; Allen, Delaney and White, $100.00; Hayes Lucas•Lumber Co., $19.00; Whiting Press, Inc. $48.30; Cooperative,Oil Co., $62.30; Construction Bulletin, $15.00; Charles Campbell, $6.87; Rochester Plumbing & Heating,.$55.95; Matt J. Ehlen,M.D. $10.96; Ole's F1oor.Mart, $93.19; Dieter Paper & Marine Supply, $34.08; Coop. Oil Co., $5.25; Jensen Ace Hardware, $5.18; Chicago N..W. Ry. Co., $16,00; Coop. Oil Co., $4.00; Mrs. Richard Ferber, $66.00; The Mayo Clinic, $15.00; Leonard.Schwanke, $4.38; Alexander Auto Electric, . $13.65; Tom Moore, Register of Deeds, $23.00; Geo. L. Joyce, M.D., $5.00; Cranston Typewriter Record of Official Proceedings of the Common Council of the City of Rochester, Minn., July 21, 1958 OSWALD PUBLIBNING CO.. NEW ULM. MINN. 5195 Store, $15.50; Robert Ludescher, $20.72; Willetta K. Hoaglan, $41.25; Louis.Bennett, $195.30, Carl W.-Boyer, $15.00; Karen Paulson, $112.50; C.' A. Armstrong, $5.5.0; Wittd Transportation Co., $2.75 and Peoples Natural Gas Co., $3.44 and National Bushing & Parts, $6.50. From the Street & Alley Fund: John D. Bush Jr., $106.40; Caryl Boyer, $5.00; Scottys Shell Service, $9.80; Van Beers Upholstery, $16.00; Devoe & Raynolds Co., $2.62; Allen Truck & Implement, $7.08; Cities Service Oil Co., $81.63; Borchert Ingersoll, Inc. $29.99; Clements Chevrolet Co., $48.00; Foster. Electric Co., $17.03; Peoples.Natural Gas Co., $15.21 and National Bushing & Parts Co., $5.20. From the Fire Protection Fund: Witte Transportation, $7.88; Peoples Natural Gas Co., $15.10; Gopher Welding Supply Co., $23.20; Woodhouse Brothers, $7.55; The Kruse Co., $35.39; E. T. Watkins Electric Co., $20.97; Scharf Auto Supply, $26.29; Dieter Paper & Marine Supply, $74.40; Industrial Towel & Garment Service, $7.50; Rochester Soft Water Service, $4.00; Adair Electric, $30.53. From the Police Protection Fund: Monte's, $32.43; Cranston Typewriters, $28.75; National Bushing & Parts, $55.02; Scottys Shell Service, $43.01; Postier & Eggers, Inc., $136.17; Minit Car Wash, $19.50; Fire & Safety, Inc., $2.50; D & J Cafe, $41.20; Lawlers Clothing Store, $6.48; Curtins TV, $3.50; Phil's Fix All, $27.00; Carl Entenmann & Sons, $23.75; Russell Smith Gun Shop, $13.00; 0 & 0 Sporting Goods, $69.95 and American Red Cross, $2.25. From the Sewer Fund: Witte Transportation, $2.50; E. T. Watkins Electric Motor Service, $4.82; Dodge Lumber Co., $88.37; Viker & Sorenson, $60.00; Littrup Nielson, $155.50; Peoples Natural Gas Co.,.$3.98; Hach Chemical Co., $39.03; F. H. Machine Shop, $18.25; S. M. Supply Co., $5.29; Fairbanks, Morse & Co., $20.37; Welborn Welding Co., $6.55; Peoples Natural Gas Company, $4.50; National Bushing & Parts, $4.18 and Gopher Welding Supply, $58.23. From the Lighting Fund: City,of Rochester, P. U., $57.42; and City of Rochester, P. U., $12.95. From the Parking Meter Fund: The Kruse Co., $80.60; Williams Printing Co., $12.50; Rochester Visitor, $10.00; Gibbons Printing Co., $15.80; Rundell Lumber & Fuel Co., $37.08 Magee Hale Park 0 Meter Co., $50.00; Alpek Sheet Metal, $145.31 and M-B Corporation, $3.73. From the Park Improvement Fund: City of Rochester, P. U., $46.46; N. W. Bell Telephone Co., $63.00; People's Natural Gas Co., 48.24; City of Rochester, Minnesota, $10.00; State Board of Health, $3.50; Park Department Mayo Field Baseball Concession, $50.00; Reichert's Refrigeration, $14.38; 0 & 0 Sporting Goods, $18.00; Quality Printing Co., $29.65; Whiting Press, Inca $16.73; Burroughs Corporation, $8.55; Panama Carbon Co., $9.50; Leon's Battery Shop, $2.00; Alexander Auto Electric, $14.08; Firestone Stores, $59.99; National Mower Co., $1.43; Nelson Tire and Appliance Co., $102.51; Parkhill Brothers, $1.31; Scharf Auto Supply, $5.41; Universal Motors, Inc., $120.99; National Bushing -and Parts Co., $7.16; Walker -Hardware Co., $43.33; J. I. -Holcomb Mfg. Co., $16.20; Standard Oil Co., $113.30; City of Rochester, P. U., $22:01; Red Wagon Products Co., $64.22; Reynolds Wholesale Co., $172.08; Reynolds Wholesale Co., $.72; R. C. Drips -Grocer Co., $168.88; Rochester Meat Co., $7.85; Rochester Bread Co., $4.21; Pure Ice Co.f $6.70; Coca Cola Bottling Co., $137.75; Seven Up Bottling Co., $10.85; China Hall, $52.66; Herbert.G. Knopp Agency, $175.92; Welborn 1 1 1 • 1 0 • Record of. Official Proceedings of the Common Council of the City..of. Rochester,, Minn., July 21, 1958 4, Welding Co., $44.50; Wallace and Tiernan, Inc., $51.64; Sanitary Plumbing and Heating Co., $3.20; Michel Sales Co., $165.65; Maass Plumbing and Heating Co., $59.03; LeRoy Hennum, $3.00; H. Dornack and Sons, $123.50; Bach Music Co., $6.00; Fullerton Lumber Co., $75.83; General Trading Co., $80.04; !7 Williams Printing Co., $40.00; Rochester Visitor, $24.00; Forges of Rochester, $2.00; Mengedoth Sheet Metal, $20.25; Par Aide Products Co., $1.77; Witte Transportation Co., $8.37; Bergstedt Paint Co., $21.87; Briese Steel, $37.47; Ace Hardware Co., $79.96; H & H Electric Co., $65.58; R. L. Bould and Co., $167.48; North Broadway Laundromat; $14.86; Stoppels Feed and Seed Co., $133.70; 0. M. Saterdalen, $39.50; N. W. Bell Telephone Co., $86.63; Peoples Natural Gas Co., $24.09 Adams' • $3.90; International Business Machines, Corp., $7.44; American Linen Supply Co., $16.12; Arnold's Supply Co., $12.78; Dison's Cleaners, $9.60; Rochester Maintenance Supplies, $10.40; Squires Electric Co., $5.85; Louis Canar, $8.50; Dearborn Chemical Co., $137.26; Gopher Sanitary Service, $52.50; The Kruse Co., $43.52; R. A. McDowell, $33.07; Minnesota Welders Corp., $107.10; Minn- Wisconsin'Truck Lines, Inc., $119.66; Ole's Floor Mart, $8.10; Railway Express Agency, $4.05; Rochester Soft Water Service, $12.75 E. T. Watkins Electric Motor Service, $.84; First National Bank, $10.00; Rochester Transfer and Storage, $15.75; Ben Sternberg, $100.00; Mayo Civic Auditorium Revolving Fund, $.15.65; Weber and Judd Co., $7.00; The Kruse Co., $18.75; Gopher Welding and Supply, $17.00; Southern Minnesota Supply Co., $59.16; Rochester Sand and Gravel Co., $31.82; Leon Joyce, $175.50; Scheid Plumbing and Heating, $.82 and People's Natural Gas Co., $1.17. From the F. E. Williams Estate, $124.25. Mayor Smekta reported that tentative plans had been made for a celebration on August,,_ 27th, 1958 for the one -hundredth birthday of the City of Rochester as a municipality, that he had appointed a general arrangement committee and plans were now on the way for an .open house at the City Hall during the day and an extensive night celebration at the Mayo Civic Auditorium. Alderman Hanlon a member of the committee stated that there would be extensive citizen participation in arrangements but probably a small sum of money would be by needed the committee for brochures, etc. and requested that.the Council appropriate some for this use. A motion was made by Alderman Wilkus that the City appropriate the sum of $250.00 for the purpose of this Centennial program. Alderman McGuckin seconded the motion and all voted in favor thereof. • Mayor Smekta stated that the U.S. Conference of Mayors was being held in New Orleans, La. on September 11-13, 1958 and requested permission to attend. A motion was made by Alderman Morris that the Mayor's request be granted and he be authorized to attend the U. S. Conference of Mayors at city expense. Alderman Hanlon seconded the motion and all voted in favor thereof. An Ordinance amending an ordinance entitled, "An Ordinance for the purpose of promoting health, safety, order, convenience and general welfare by regulating the use of land, the location, size, use and height of buildings, and the arrangements of buildings on lots, and the density of population within the City of Rochester, Minnesota, all in accordance with a comprehensive plan (changing Lot 23, Block 4, A.W.Kutzky's Addition to multiple dwelling; and changing property in Rolling Greens Addition to multiple dwelling zone and commercial zone) was given its first reading. An Ordinance annexing Lot 108, Belmont Addition to the City of Rochester, Minnesota, 0 5. ; Record of Official Proceedings of .the Common Council of the_ City of Rochester, Minn.,. July 21, 1958 • in accordance with the provisions of Section 413.143 of the Minnesota Statutes, as.amended, was given its.first,reading. Upon motion by -Haas, second by Morris, and upon roll call and all voting.in favor thereof, the rules were suspended and the Ordinance was given its second,reading. Upon motion by Haas, second by Hanlon, and upon roll call and all voting in favor thereof,.the rules were suspended and the Ordinance was given its third and final reading. A Motion was then made by Haas that the said Ordinance be adopted as read.. Morris seconded the motion and all voting in favor.thereof, President pro tem Tingley declared the said ordinance duly.passed and adopted. Alderman Hanlon introduced a resolution setting the parking and parking.meter. regulations and provisions pursuant to Ordinance No. 871 which was read. A motion.was made by Haas that the said resolution be adopted as read. Hanlon seconded the motion and all voting in. favor thereof, President pro tem Tingley.declared the said resolution duly passed and adopted. An Ordinance annexing to the City of Rochester, Minnesota, parts of the South one-half of Section Twenty -Five, Township One Hundred Seven North, Range Fourteen West, Olmsted County, Minnesota (Whiting-Sawinski properties) was given its first reading., Upon motion by Hanlon; second by McGuckin, and upon roll call and all voting in favor thereof,,the rules were suspended and.an ordinance providing for the licensing of certain dogs;. providing for apprehension and disposition of,dogs unlawfully running at large; providing for the vaccination of dogs for rabies; providing other regulations govem ing dogs; and providing a penalty for violation, was given its second reading. A motion was made by Alderman Haas to reconsider the motion made earlier in the meeting transferring the 3.2 beer license from the Rochester Baseball Association to the Board of Park Commissioners. Alderman Morris seconded the motion and upon roll call and all voting in favor thereof, President pro tem Tingley declared the motion carried. A motion was then made by Alderman Haas that the application for transfer of the 3.2 beer license from the Rochester Baseball Association to the Board of Park Commissioners be referred to the City Attorney. Alderman Wilkus seconded the motion and all voted in favor thereof. Wilkus A motion was then made by Alderman/to reconsider the motion taken earlier in the meeting to table the bond for lost order or warrant of David G. Hanlon in the amount of $62.50 until next Monday,. . Alderman McGuckin seconded the motion -and all voting in favor thereof except Haas and Tingley, who voted "no" the motion was carried. A motion was then made by Haas that the bond for lost order or warrant of David G. Hanlon in the amount of $62.50 be approved and duplicate check be issued. Wilkus seconded the motion. A motion was made by Haas to amend the above motion to read that the check be not issued before noon of Monday, July 28, 1958. Wilkus seconded the motion and all voted in favor thereof. President pro tem Tingley then called for a vote on the above motion, as amended, and and all voting in favor thereof, except Tingley, who.voted "no", the motion was carried. Upon motion by Haas, second by Hanlon, the meeting was adjourned. CipyClerk 1 F� • 1 is