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HomeMy WebLinkAbout08-04-1958Record of Official Proceedings of.the Common Council of the.City.of. Rochester,. Minn., August .4th,. 195s 4.55. 1 UZ 1= C� 1 1 • 1 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 August 4, 1958. President Kamm called the meeting to order at 2:00 o'clock P. M., the following members being present: President Kamm, Aldermen Haas, McGuckin, Morris, Tingley, Wilkus. Absent: Al Hanlon. Upon motion by Haas, second by McGuckin, the minutes of the meetings of July 21st and July 28th, 1958 were approved. Upon motion by Tingley, second by Wilkus, and all voting in favor thereof, the hearings set for 2:00 P. M. were postponed until 7:30 P.M. President Kamm stated this as being the time and place set for receiving and opening bids for grading and bituminous surfacing of stteets in 10k Avenue Southeast, 11k Street Southeast in Gonderman & Thiel's Addition and llth Avenue Southeast llth to 112 Street Southeast. The bids of Leon Joyce in, the amount of $7,064.05 and Rochester Sand & Gravel Company in the amount of $7,150.68 were each received and opened"and upon motion by Morris, second by Tingley, the same referred to the Public Works Committee and City Engineer for tabulation and report. The five proposed amendments to the Charter of the City of Rochester submitted by the Charter Commission to the Mayor were presented to the Common Council. Mr. R. V. Ehrick, City Attorney, outlined the said amendments and stated that Nos. 2, 3 and 4 were the same as before and the following are Nos. 1 and 5 as revised: Amendment No. 1 "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 3, Section 15, Section 82, Section 128, Section 2 of Section 160 of Chapter X, and Section 196, 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 City which lies east of 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 (82) Street Southeast, thence easterly along the center of Eight,and One-half (8k) 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 said 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 intersection 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 of the 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 450 Record of Official Proceedings of .the Common Council of the City of Rochester, Minnn August 4, 1958 which lies north of the Fourth Ward and east of Broadway North. "The Sixth Ward shall comprise all that part of the said City which lies north of the Third Ward and west of Broadway North." "Section-15. The elctive 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 wards shall be elected in each even numbered year and shall each hold office for two (2) years and until his,successor is elected and qualified. The terms 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 wards, appointed on the second Monday in April, 1960, shall expire on the second Monday in April, 1961." ------------ Section 2 of Section 160, Chapter X "Section 2. The Board of Education shall consist of one (1). member from each ward and one member at large. The board member from each of the odd numbered wards and the board member at large shall be elected at the general City election in each odd numbered year and shall each hold office for two (2) years and until his successor is elected and qualified. The board member from each of the even numbered wards shall be elected at the general City election in each even numbered year and shall each hold office for two years and until his successor is elected and qualified. The term of office of all board members holding office on the effective date of this amend- ment shall expire on the first Monday in April, 1960. The residence provisions of Section 22 of this Charter shall not operate to vacate the office of any board member between the effective date of this amendment and the first Monday in April, 1960, and the Board of Educa- tion serving on the effective date of this amendment shall continue • to serve with full power and authority until the first Monday in April, 1960. Any Board Member from an odd numbered ward and the board member at large elected at the general City election in 1960 shall hold office fir one (1) year and until hL successor is elected and qualified". "Section 196. The Common Council, upon ordering an improvement above mentioned to be made, shall appoint three commissioners, each of whom shall be a disinterested freeholder and qualified voter of the City, to view the premises, and assess the damages which may be occasioned by the taking of private property ox otherwise in making said improvement. The commissioners so appointed shall be notified as soon as practicable by the City Clerk to attend a meeting -at his office, at a time to be fixed by him for the purpose of qualifying and entering upon their duties. In the event of the absence, inability or refusal of any Commissioner so appointed to serve, any two Commissioners who have qualified, are authorized to appoint a Commissioner possessing the qualifications aforesaid to fill the vacancy. In all other cases of vacancy the Common Council shall fill such vacancy or vacancies." • Record of . Official .Proceedings .of .the .Common .Council of the -City .of_ Rochester, Minn., August 4. 1958 457 1 L'� C, cc -=r C) E ,I J u This amendment shall take effect as of the first day of January, 1960. The foregoing proposed amendment to the Charter of the City of Rochester is hereby proposed to the people of said City by the Board of Freeholders thereof, pursuant to Minnesota Constitution, Article 4, Section 36, and Minnesota Statutes, 1953, Chapter 410, and is hereby delivered to the Mayor of said City in order that it may be submitted to the voters in accord- ance with the provisions of said Constitution and statutes." Amendment No. 5 The Charter of the City of Rochester, adopted pursuant to Minnesota Constitution, Article IV, 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 295 thereof, as follows: "Section 295, The City Assessor, City Treasurer and all other officers and employees of the City whose compensations are not specifically mentioned in this Charter, and the incumbents of any other offices which the Common Council may create hereunder, except the officers or employees hired and controlled by -any board empowered heretofore to fix the respective salaries and wages, shall each receive such compensation as the Common Council shall deem proper. Such sal- aries and compensations and the salaries and wages fixed by any Board except the Board of Education shall be fixed at the time any officd is created and annually with effect from the first day of January in each year. No officer's or employee's salary shall be increased or dimished on any date other than January 1st during his term of office. The Common Council may at any time fix the compensation of* any officer or employee for any extraordinary service performed." This amendment shall take effect as of the first day of January, 1960. The foregoing proposed amendment to the Charter of the City of Rochester is hereby proposed to the people of said City by the Board of Freeholders thereof, pursuant to Minnesota Constitution, Article IV, Section 36, and Minnesota Statutes, 1953, Chapter 410, and is hereby delivered to the Mayor of said City in order that it may be submitted to the voters in accord- ance with the provisions -of said Constitution and Statutes;" Alderman Wilkus then introduced a resolution ordering proposed Charter Amendments filed and ordering the same to be voted on at a special election to be held on September 9th, 1958 which was read. A motion was made by Alderman Tingley that the said resolution be adopted as read. Alderman Wilkus seconded the motion and all voting in favor thereof, President Kamm declared the said resolution duly passed and adopted. A letter signed by Phil Houghtelin, Secretary of the Minnesota Organization of Blind, requesting permission to conduct its annual White cane drive in the City of Rochester on Monday and Tuesday, August 18th and 19th was read and upon motion by McGuckin, second by Haas, their request was granted. A letter from the U. S. Conference of Mayors stating that the location of the 1958 annual conference to be held on September 10-13, 1958 had been changed from New Orleans, La. to Miami Beach, Florida was read and ordered and placed on file. A motion was made by Morris that the Mayor be authorized to attend the convention in Miami Beach, Florida instead of New Orleans, La.(as praevously moved) at city expense. McGuckin seconded the motion and all voted in favor thereof. The City Engineers preliminary estimate for construction of street grading, surfacing 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 in the amoun of $4,756.68 was read and President Kamm ordered the same placed on file. The City Engineers preliminary estimate for grading and surfacing in Gonderman & Thiels 0 4 Record of Official Proceedings of the Common Council of the. City of Rochester, Minn., August 4, 1958 OBWALO PUBLISHING CO.. NEW ULM, MINN. 5195 Addition in the amount of $6,679.80 was read and President Kamm ordered the same placed on file. The following letter from The Kahler Corporation addressed to the Chief of Police (was read and upon motion by Wilkus, second by Morris, the same was referred to the City Security (Committee: "Mr. James Macken, Chief of Police City Hall Rochester, Minnesota Dear Sir: As you perhaps recall, the Kahler Corporation did not take any position in regard to the question of open or closed taxi stands. We do not believe that we should interfere with free competition. This competition, however, has assumed propor- tions which we did not envision. Cars from both companies are making veritable race -tracks out of the alleys behind the Kahler and around the Zumbro, as they attempt to maneuver into stand position in front of one of the competing cabs. In addition, both companies cars are making the alley entrance middle -of -the - street turn around points consistently4 again in an effort to.secure better position in the cab stand. I call your attention to this situation, because we have observed frequent instances when life and limb of Mayo Clinic patients have been endangered as they sought to cross the alleys and•as they left the hotels in question. This is particularly true at the rear of the Zumbro, inasmuch as the only whe&l chair entrance to this hotel is directly on the alley. The cab traffic patterns being established are also highly detrimental to the regular flow'of street traffic. May I respectfully suggest that a directive be issued prohibiting cabs in general from utilizing alleys except in the business of delivering either persons or materials. Very truly yours, Roy Watson, Jr." A letter from Rochester West Company submitting the final plat of Country Club Manor Fourth Addition was read and upon motion by Haas, second by Tingley, the same was referred to the Planning Commission. The petition of Rochester West Company to have the following described property annexed tto the City of Rochester was read and upon motion by Tingley, second by McGuckin, the same was referred to the Planning and Zoning Commission: "That part of the East Seven Hundred Fifty (750) feet of the West half (Wk) of the Northeast Quarter (NEk)*lying South of Town road No..One (1), and the East Seven Hundred Fifty (750) feet of the Northwest Quarter (NWk) of the Southeast Quarter (SEk), all in Section No. Thirty -to (32), Township No. One Hundred Seven (107) North, Range No. Fourteen (14) West, Olmsted County, Minnesota.' A petition signed by Russell S. Carroll and Gertrude F. Carroll to have the following Idescribed properties ahnexed to the City of Rochester was read and upon motion by Tingley, second by McGuckin, the same was referred to the Planning and Zoning eoiimission: "Commencing at the center of Section No. 27 in Township 107 north, Range 14 west, thence south on the west line of the southeast quarter of said section 8.05 chains, thence due.east parallel with the north line of said quarter section approximately 27 rods to the center of the old original public St. Paul road now running through said quarter section, thence northwesterly along the center of said public road to the north line of said quarter section, thence west along the north line of said quarter section approximately 13 rods to the beginning, subject to the right of way easement in said public road and also in the new St. Paul public road No. 21; and "Commencing at the northeast corner of the southwest quarter of Section 27, Township 107 North, Range 14 West, running thence south a distance of 531.3 feet to the northeast corner of Lot 22 in Block 1 of Sunset Terrace, running thence west 100 feet to the northwest corner of said Lot 22, running thence north a distance of 531.7 feet to the north line of said northwest quarter, running thence east a distance of 100 feet to the place of beginning, subject to an easement for highway purposes over the north 50 feet thereof.and subject to the zoning regulations of record, all in the County of Olmsted and State of Minnesota." I • 1 1 1 N • Record of Official Proceedings of the Common Council of the City of Rochester,. Minn.,. August 4,_ 1958 5 A petition from the Rochester West Company to have the following described property changed from a residential to a commercial zone was read and upon motion by Tingley, second by Morris, the 'same was referred to the Zoning Board: "All that part of the following described lands lying north of the northerly right-ofway line of 7th Street N. W. or North of the Town Road. The S'k of Ca the NE'k of the NE'k of Section 32, Township 107, Range 14; and the Sk of the NW'k of the NW'k of Section 33, Township 107, Range 14, except the South 307.05 feet of the West 165 feet of the East 398.5 feet thereof; and the NE'k of the NW'k of Section 33, Township 107, Range 14, except the North 497.5 feet thereof. All in the City of Rochester, Minnesota." A petition signed by Paul J. Kreter to have Lots 9, 10, 11, 12, 13, and 14, Block 1, of Kreters Replat changed from a residential to a multiple dwelling zone was read and upon motion by • Tingley, second by Morris, the same was referred to the Zoning Board. A letter from James J. Macken, Jr. Chief of Police requesting permission to attend, at city expense, the Northwest FBI National Academy Associates in Duluth, Minnesota on August 15th anc 16th, 1958 was read. A motion was made by Haas that the request be granted, Wilkus seconded the motion and all voted in favor thereof. The following resolution adopted by the Sinking Fund Commission was read and upon motion by Haas, second by Tingley, 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 United States Treasury Bills in the amount of $1,700,000.00 maturing August 7, 1958 held for safekeeping by the Investment Department of the First National Bank of Chicago be reinvested in 90 day United States Treasury Bills." The folloving letter from the City Engineer was read: "Honorable Mayor & Common Council City of Rochester, Minnesota Gentlemen: Attached find a proposed layout and profilelmarked 11F for reconstruction of T. H. #52 from North of 2nd St. S. W. to the south end of 14th Ave. S. W. This is a revised layout submitted in response to our request of June 11 requesting 6 revisions from their layout No-. 11E. The requests numbered 1, 4, 5 and 6 have bean incorporated into the revised layout. Numbers 2 and 3 could not be accomplished because of grade differences. I am advised that this is the extent of modifications that can be made for the service and convenience of local traffic. The Highway Department has requested approval by the City Council of this layout so that they can proceed with constructionn plans for the 1960 program. I recommend its approval without further delay. Everything has been done that • can be done without sacrificing the primary requirements of traffic movement and safety. Respectfully, /s C. A. ARMSTRONG, City Engineer" C. A. Armstrong reviewed the plans and explained that the layout is,for a limited access highway which would be depressed in grades to pass under 2nd Street Southwest, and would also be -depressed at•6th Street S. W. at which there would be a bridge to carry local. traffic over the highway. There would be service drives -on -both sides of the divided four lane trunk route. Southbound traffic could turn off to the west service drive on an off -ramp about even with the Ranch Motel. Northbound traffic could turn off to the east service drive at approximately 1st Street S. W: and back on to the highway from the service drive to a point just north of Donaldson's store. After and the same was ordered vieweing the plans a motion was made by Wilkus that the plan had:been'-receive laced on file and a hearing be set for August 18th, 1958 at 7:30 P. M. at which time the public may be heard. Tingley -a Record of Official Proceedings of the Common Council of the City of Rochester, Minn., August 4, 1958 seconded the motion and all voted in favor thereof. The following letter from the Rochester Airport Commission was read: "The Honorable Mayor The Common Council City of Rochester Rochester, Minnesota Gentlemen: Included herewith are documents from the Olmsted County Highway Department concerning the relocation of the westerly portion of the county road lying along the north side of the new Rochester Airport. Your attention is invited to the fact that this.road is to be regraded, improved, and as stated, partially relocated. This road will carry all of the traffic from Highway 63 to the access roads into the airport proper. Cost of improvement will be borne by the county. It is of advantage, both to the county and the airport, for the westerly portion of this road to be relocated in view of the fact that the county will be at less expense to build this road along the new route rather than to rebuild the parallel portion of the old road, and the access road to be built by the airport to the Weather Building, and the transient aircraft ramp will be shorter than previously planned. The Airport Commission has reviewed this matter and recommends that the City of Rochester grant to the County of Olmsted an easement for the relocation of this road in accord with the documents and information included herewith. Respectfully submitted, ROCHESTER AIRPORT COMMISSION /s FRED W. SCHUSTER, Chairman" K. M. McGhie was present and explained that this was a request from the County Commissioners to remove old T. H. #16 to a new location from the Northerly edge of the property into the airport property, and stated that the County would pay to the City the sum of $1,088.78 .for this right- of-way. A motion was made by Tingley that the recommendation of the Airport Commission be approved and the City Attorney was instructed to prepare a resolution authorizing execution of the said easement. Wilkus seconded the motion and all voted in favor thereof. Mr. Paul Schwartz, Minnesota Salesmanager for the Gerber Manufacturing Company, was present and showed the Council ene of.the police uniforms made by his company. Duane Rasmussen modeled one made by this company, in comparison to one modeled by Gerald Kingsley which are now worn by the police department. No action.was taken. The recommendation of the City Security Committee that the parking restriction on 2nd Avenue Southwest between 1st and 2nd Street be changed from the existing three hour limit to a one hour limit and that the City Attorney be instructed to draw the necessary resolution to make this change effective, was read and upon motion by Wilkus, second by Tingley, the recommendation was approved and the City Attorney was instructed to draw the necessary resolution. All voted in favor thereof. The recommendation of the City Security Committee that the traffic signal controllers on the school crossing signals at loth Street and llth Avenue N. E.; 14th Street and 9th Avenue N. E.; and at West Center Street and llth Avenue be replaced, the cost of the replacement is $325.00 per signal, was read. Upon motion by Wilkus, second by Haas, the recommendation was approved. , The recommendation of the Public Works Committee recommending authoriziation for construction on an emergency basis of the sanitary sewer and water main crossings of T. H. #52 at 1 1 1 • 1 0 Record of Official. Proceedings of the'.Common Council of the City. of Rochester, Minn., August 4, 1958 1 • 1 1 • 1 1st St. N. W. and at 26th St. N. W. as requested by the City Engineer, was read and upon motion by Wilkus, second by McGuckin, the recommendation was approved. The recommendation of the Public Works Committee that the owner, Mrs. Laura J. Russell,) be permitted to construct the local improvements in 15th St. N. E. from the south line of Lot 7, Block 3, Stebbins Addition at her expense and that a contract to that effect be drawn upon completion of plans, was read and upon motion by Tingley, second by Morris, the recommendation was approved. The recommendation of the Public Works Committee that the City Engineer's appointment of Jerome Lawler to the position of Permit & Records Clerk at 90`/0 of the base salary of $4280.00 for Engineering Aide II beginning July 8, 1958 be approved, was read and upon motion by Haas, second by Morris, the recommendation was approved. The recommendation of the Public Works Committee and City Engineer that the bid of Leon Joyce for the grading and bituminous surfacing of streets in 10k Avenue Southeast, 11k Street) Southeast in Gonderman & Thiel's Addition and llth Avenue Southeast to 11k Street Southeast be accepted at the unit prices bid and checks returned to the unsuccessful bidders was read and upon motion by Morris, second by Wilkus, the recommendation was approved. Upon motion by Wilkus, second by Tingley, the four recommendations of the Board of Zoning, listed on the agenda, be tabled until the meeting this evening. All voted in favor thereoi Upon motion by Wilkus, second by.Tingley, the meeting was recessed until 4:00 P. M. President Kamm called the meeting to order at 4:00 P. M. Mr; Byron Drips was present representing home owners in Country Club Manor Addition. He stated that for an average of three to four hours during the late afternoon and evening, there was an acute water shortage in this area, particularly for the people who lived on the higher level. He suggested possibly that the Council could ration the water for a short time until a new pump was installed. Mr. Glenn E. Marek, Water Superintendent, stated that.this situation was true and waslpossibly due to excess sprinkling or washing of cars. He stated that a temporary pump was being installed and he thought the situation would be alleviated within 10 days if the people would cooperate until then. Mr. Charles Willard was also present and urged that the Counc try to do something to help this situation. Frank W. Everett, Fire Chief, stated that they would continue to serve Country Club Manor, as they had in the past, by using two engines and 3 trucks carrying water. After hearing those present a motion was made by Tingley that the Council support) G. E. Marek, Water Superintendent, in issuing a directive to the people in Country Club Manor Addition, to curtail their use of water for sprinkling and other unnecessary uses of water between 3:00 P. M. and 10:00 P. M. in the interest of their neighbors, who are having an acute shortage of water. Wilkus seconded the motion and all voted in favor thereof. The applications for license to sell cigarettes of Lura Robinson and Leo Utpadel and the application of Lura Robinson for license to sell soft drinks were each read and upon motion by Tingley, second by Haas, the licenses were granted. The license bond of John J. Winkels in the amount of $1,000.00 with the Lumbermens U 4`12 Record of Official Proceedings of the' Common Council of the City of Rochester, Minn., August 4, 1958 • D9WALD PUBLI9 HIND CD.. NEW ULM. MIN N. 5195 Mutual Casualty Company as surety was read and upon motion by Morris,, second by McGuckin, the bond was approved, the surety thereon accepted and the same was ordered placed on file. The contract bonds of Palda & Sons, Inc. in the amount of $137,432.48 with the Federal Insurance Company, a New Jersey.Corp@ration, as surety; Rochester Sand & Gravel Company in the amount of $34,136.26 with the American Casualty Company of Reading, Pennsylvania, as surety; Larua J. Russell in the amount of $4,756.00 with the Fidelity & Casualty Company of New York as surety; and Carlisle G. Fraser, Inc. (2) in the amounts of $90,232.05 and $8,869.60 with the.Federal Insurance Company, a Corporation of the State of New Jersey, as surety, were each read and upon motion by Morris, second by McGuckin, the same were referred to the Mayor for his approval. The report of the City Weighmaster for the month of July, 1958 showing fees collected for loadsueighed in the amount of $88.10 was read and President.Kamm ordered that the same be placed on file. The reports of the Clerk of Municipal Court for the week ending July 18, 1958 showing and total remitted to City $752.65 total criminal fines and costs collected and civil fees received $1,934.05/and for the week ending July 25, 1958 showing total criminal fines and costs collected and civil fees received $1,953.85 and total remitted to the City $905.85 were each read, and having been approved by -the City Attorney, President Kamm ordered that the same be placed on file. The following.resolutions were each introduced and read, and upon motion made, seconded and all voting in favor thereof, President Kamm declared the said resolutiond duly passed and adopted: I . Resolution authorizing Mayor and City Clerk to execute a contract with.Laura J. Russell relative to improvements on 15th Avenue Northeast. Upon motion by Haas, second by McGuckin, resolution adopted. Resolution approving plans and specifications and ordering a public hearing for the grading and surfacing and construction of a sanitary sewer, storm sewer, water main and service connections in 16th Avenue Northwest in Thomas' First Addition. Upon motion by McGuckin, second by Morris, resolution adopted. Resolution accepting the bid of Leon Joyce for the.grading and bituminous surfacing of 10k Avenue Southeast and 11� Street Southeast in Gooderman & Thiels' Addition and llth Avenue Southeast fooll'k Street Southeast. Upon motion by Morris, second by Tingley, resolution adopted. Resolution approving plans and specifications and ordering bids for the making of the following improvement: construction of a sanitary sewer, water main, service connections, grading and surfacing in 3rd.Avenue Northeast in Edgewood Addition. Upon motion by Tingley, •second by Wilkus, resolution adopted. Resolution approving plans and specifications and ordering bids for the making of the following improvement: construction of a sanitary sewer in Sunset Terrace Addition (including connecting main from 7th St. N.W.). Upon motion by Wilkus, second by Haas, resolution adopted. Resolution approving plans and.specifications and ordering bids for the making of the following improvement: grading and surfacing in Sunset Terrace 2nd Addition. Upon motion by Haas, 1 • 1 1 • Record of Official.Proceedings of the Common Council of the...City .of. Rochester, Minn., August 4; , 1958 . .3 . I� • 1 1 C 1 second-by-McGuckin, resolution adopted. Resolution approving plans -and specifications and ordering bids for the making of the following improvement: construction of a water main and service connections in Sunset Terrace 2nd Addition. Upon motion by McGuckin, second by Morris, resolution adopted. Resolution approving plans and specifications and ordering bids for the making of the following improvement: construction of a storm sewer in Sunset Terrace 2nd Addition. Upon motion Eq Morris, second by Tingley, resolution adopted. Resolution appropriating $12,562.86 f4om the Firemen's Relief Fund and ordering payment) made to George Davis, Treasurer of Firemen's Relief Association. Upon motion by Tingley, second by Wilkus, resolution adopted. Resolution appropriating $12,512.41 from the Police Relief Fund and ordering payment made to Ross Browning, Treasurer of IPolice Relief Association. Upon motion by Wilkus, second by Mass, resolution adopted. Resolution appropriating $44,336.59 from the General Fund and ordering payment made to the Public Health & Welfare Fund. Upon motion by Haas, second by McGuckin, resolution adopted. Resolution appropriating $5,933.68 from the P. I. R. Fund and ordering payment made to Doyle Conner Company. Upon motion by McGuckin, second by Morris, resolution adopted. Resolution appropriating $28,674.13 from the P. I. R. Fund and ordering payment made tol Carlisle G. Fraser, Inc. Upon motion by Morris, second by Tingley, resolution adopted. Resolution appropriating $12,309.55 from the P. I. R. Fund and ordering payment made tol Carlisle G. Fraser, Inc. Upon motion by Tingley, second by Wilkus, resolution adopted. Resolution appropriating $24,501.09 from the P. I. R. Fund and ordering payment made tol Carlisle G. Fraser, Inc. Upon motion by Wilkus, second by Haas, resolution adopted. Resolution appropriating $22,628.76 from the P. I. R. Fund and ordering payment made tol Quarve & Anderson Co. Upon -motion by Haas, second by McGuckin, resolution adopted. Resolution appropriating $11,283.02 from the P. I. R. Fund and ordering payment made tol Carlisle G. Fraser, Inc. Upon motion by McGuckin, second by Morris, resolution adopted. Resolution appropriating $1,364.75 from the General Fund and ordering payment made to Viktor 0. Wilson, M. D., $434.00; Albinson; $705.00; and Newman Kraft Studio, $225.75. Upon motion by Morris, second by Tingley, resolution adopted. Resolution appropriating $253.00 from the Sewer Fund and $503.38 from the Parking Meter Fund and ordering payment made to Lyon Chemical Co. $253.00 and Gopher Stamp & Die Company,$503.38! Upon lmotion by Wilkus, second by Haas, resolution adopted. Resolution appropriating $45,464.54.from the Permanent Improvement Fund and ordering payment made to Acton Construction Company. Upon motion by Haas, second by McGuckin, resolution adopted. Resolution appropriating $1,290.89 from the General Fund, $13.50 from the Police Fund and $1,174.20 from the Parking Meter Fund and ordering payment made to H & H Electric Co., $764.141 464 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., August 4, 1958 Gopher Stamp & Die, $395.25; N. W. Refining Co., $663.13 and Brinck-Solberg, $656.07. Upon motion by McGuckin, second by Morris, resolution adopted. Resolution appropriating $2,100.00 from the Police Protection Fund and .ordering payment made to Leo N. Herrick and Sons. Upon motion by Morris, second by Tingley, resolution adopted. Resolution appropriating $7,684.00 from the Police Protection Fund and ordering payment made to Clements Chevrolet Company. Upon motion by Tingley, second by Wilkus, resolution adopted. Resolution appropriating $567.54 from the Police Protection Fund and ordering payment made to Harold's Auto Electric Co. Upon motion by Wilkus, second by Haas, resolution adopted. Resolution appropriating $291.50 from the Police Protection Fund and ordering payment • made to Fire and Safety, Inc. Upon motion by Haas, second by McGuckin, resolution adopted. Resolution appropriating $11,360.70 from the Permanent Improvement Fund and ordering payment made to Squires Electric Co. Upon motion by McGuckin, second by Morris, resolution adopted. Resolution appropriating $15,605.00 from the General Fund and ordering payment made to Richard C. Spencer and Kathryn E. Spencer $7,425.00 and Edwin S. Doty and Nellie Doty, $8,180.00. Upon motion by Morris, second by Tingley, resolution adopted. Resolution amending the resolution adopted July 21, 1957 establishing parking and parking meter regulations and provisions pursuant to Ordinance No. 871. Upon motion by Tingley, second by Wilkus, resolution adopted. 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 directedto draw warrants upon the City Treasurer and make payments accordingly: From the General Fund: N. W. Bell Telephone Co., $29.05; Ace Hardware, $35.10; Elfreda Reiter, City Cler4 $116.74; Tom Moore, Reg. of Deeds, $41.80; N.W. Bell Telephone Co., $106.92; Callaghan & Co., 420.00; Marvin Law Book Co., $49.50; Mrs. George Cutting, $9.20; Clefk of Municipal Court, $49.48; Karen Paulson, $112.50; Miller Davis Co., $9.90; West Publishing Co., $20.00; Richard E. White, $75.00; C. A. Cottingham, $67.60; Frank J. Wilkus, $15.00; Alex Smekta, $15.000; Wm. P. McGuckin, $15.00; Stanley Morris, $15.00; Elfreda Reiter, $15.00; David T. Hanlon, $22.21; Robert Blekely, $106.87; Hanson Hardware Co., $35.30; The Johnson Co., $16.76; • Burroughs Corp., $13.20; Rochester Post Bulletin, $12.80; Chicago Great Western Ry., $15.00; The American City Magazine, $4.00; Marchant Calculators, $35.00; Albinson, $5.42; Willetta Hoaglan, $46.25; Adams, $1.50; Thermofax Corp., $13.60; Weber & Judd, $5.86; E. J. Dillon, $7.70; Marvin Price, $25.95; Garnet Spring, Bldg, Inspector, $23.00; Charles Dornack, $40.95; Garnet Spring, $40.28; Wm. Burrows, $39.00; Paul Plantz, $38.25; Standard Oil Co., $72.12; Olmsted Community Hospital, $2.00; St. Mayr's Hospital, $59.50; The Mayo Clinic, $155.00; LeRoy Hennum, $7.20; Robert Ludescher, $38.48; Foster Electric Co., $62.89; Larry Lentz, $117.00; Fire & Safety, Inc. $5.50; Red Owl Stores, $14.70; Arnolds Supply, $29.75; R. C. Drips, $8.75; Model Laundry, $9.33; Clements Chevrolet, $66.03; Joe Hartnett, $65.90 and Peoples Natural Gas Co., $4.40. • Record of Official Proceedings of the Common Council of the City of Rochester, Minn., . August 4., 1958 465- 1 • 1 L E 1 From the Street & Alley Fund: Standard Oil Co., $64.50; Walker Hardware, $4.95; Clements Chevrolet, $107.60; Rochester Ready Mix Concrete, $44.65; H. R. Erickson Machine Mfg. Co. $6.92; Clutch & Transmission Service, $22.48; Public Works Equipment Co., $53.67; Cities Service Oil Co., $25.90; Universal Motors, $23.10; Nelson Tire & Appliance Co., $3.00; Firestone Stores, $155.26; Herbert Knopp Agency, $18.79; and Peoples Natural Gas Co., $4.93. From the Fire Protection Fund: Ace Hardware, $6.38; N. W. Bell Telephone Co., $27.00; Pruetts Launderers, $29.05; Barry Plumbing & Heating, $1.25; Upholstery by Lloyd, $6.25; Kenneth Stoltenberg, $134.80; Paper Service Co., $56.82; Rochester Soft Water Service, $4.00; Olson Broadway Furniture, $81.15; Peoples Natural Gas Co., $12.74; Clements Chevrolet, $4.30; Emmet J. Hand, $3.50 and N. W. Bell Telephone $15.35. From the Police Protection Fund: Ace Hardware, $2.70; Elfreda Reiter, City Clerk, $35.62; LeRoy Hennum, $18.20; N. W. Bell Telephone Co., $39.60; Reuben Rieck, $41.27; National Bushing & Parts, $22.20; T. 0. Wellner, M. D. $57.50; Clements Chevrolet, $61.45; Weber & Judd Co., $32.50; Koffee Kup Cafe, $30.40; Universal Motors, $126.21; Dean F. Lent, $24.90; Carl F. Briese, $25.05; Minit Car Wash, $18.50; and Rochester Wood Specialties Co., $5.52. From the Sewer Fund: N. W. Bell Telephone Co., $53.55; Ace Hardware, $36.84; Elfreda Reiter, City Clerk, $4.00; Arnolds Supply Co., $7.70; Walker Hardware, $13.79; Firestone Stores, $1.50; General Tbading Co., $3.15; Municipal Equipment Co., $40.10; Hallemite Mfg. Co., $28.00; Red Wing Sewer Pipe Co., $73.94; A. S. Lawrence Trucking Co., $12.65; Duro Test Corp., $52.72; Inertol Co., $74.50; Ebbs Hobby Shop, $2.25; Eco, Inc., $45.89; J. A. Mitchell Welding & Trenching, $54.10; Michel Sales Company, $65.85; Geo. T. Walker & Co., $49.65; The Sanfax Company, $134.71 and City of Rochester, P.U., $2.25. From the Lighting Fund: City of Rochester, P. U., $64.00. From the Parking Meter Fund: Ace Hardware, $3.46; Elfreda Reiter, City Clerk, $82(,'; Duro Test Corp., $109.79; Postmaster Rochester, Minn., $97.60 and Rochester Visitor, $8.00. From the Permanent Improvement Fund: Kenneth Stoltenberg, $187.16. A letter signed by Carlton Penz, Vice President of Home Opportunities, Inc. requesting r permission to do their own rough grading in Sunset Terrace Second Addition was read and upon motion by Haas, second by Morris, the same was referred to the Public Works Committee. An Ordinance providing for the licensing of certain dogs; providing for apprehension and disposition of dogs unlawfully running at large; providing fot the vaccination of dogs for rabies; providing tither regulations governing dogs; and providing a penalty for violation, was given its third and final reading. , A motion was then made by Haas that the said ordinance be adopted as read. Wilkus seconded the motion and all voting in favor thereof, President Kamm declared the said ordinance duly passed k and adopted. 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 n LJ 6 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., August 4, 1958 • OSWALD PUBLIBNIND CO.. NEW ULM. MIN N. 5195 --- �- of population within the City of Rochester, Minnesota, all in accordance with a comprehensive plan ' (changing Lot 23, Blcok 4, A.W. Kutzky's Addition to multiple dwelling and two plots of land in Rolling Greens Addition changed from residential to multiple dwelling and commercial), was given its second reading. An Ordinance annexing to the City of Robhester, Minnesota, parts of the South one- half of Section Twenty-five, Township.One Hundred Seven North, Range Fourteen West, Olmsted County, Minnesota (Peck's 6th and Sawinski), was given its 2nd reading. Tom 0. Moore, Planning Director, stated that this had not been approved or studied by the Planning Commission. A motion was then by Haas made/that this matter be referred to the Planning Commission and the Public Forks Committee. Wilkus • seconded the motion and all voted in favor thereof. A resolution authorizing and directing the Mayor and City Clerk to execute on behalf of the City the contract with Rochester West Company to construct a jswale to dispose of surface waters from Country Club Manor Additions, was read. A motion was made by Tingley that the said resolution be adopted as read. McGuckin seconded the motion and all voting in favor thereof, President Kamm declared the said resolution duly passed and adopted. An Ordinance amending an Ordinance entitled, "An ordinance defining milk and certain milk products, milk producer, pasteurization, etc.; prohibiting the sale of adulterated and mis- branded milk and milk products; requiring permits for the sale of milk and milk products; regulating the inspection of dairy farms and milk plants and the examination, grading,.labeling, pasteurization, regrading distribution, and sale of milk and milk products; providing for the construction of future dairies and milk plants, the enforcement of this ordinance, and the fixing of penalties", was given its first reading. A motion was made by Wilkus, second by Haas, that the rules be suspended and the ordinance be given its second reading. Upon roll call, Tingley voted "no" so the motion was lost. Mr. Douglas Oslund of 4003 - 4th Place N. W. was present and inquired if anything had been done about the shortage of water in Country Club Manor Addition. He was told that this matter had been taken care of. President Kamm stated that Mr. Allerton had called him in regard to the statement he • made in regard to annexation of certain lands to allow other lands to be annexed and asked to be heard at a meeting of the Public Works Committee. Alderman Tingley, Chairman of the Public Works Committee then presented the following letter which he had sent to Mr. Allerton on this matter: "The Kruse Co. Attn: Mr. Oscar J. Allerton, President 112 - 7th St. N. E. Rochester, Minnesota Dear Mr. Allerton: In view of the request for annexation of the 78 acre tract lying in the Nk of NEk Section 22, Cascade Township by Hutchinson & Sauer, Inc., the Public Works Committee is requesting the Kruse Co. to fulfill its implied promise made on April 1, 1957, not to limit the City Councils authority to annex other properties. As you recall, on the above date the annexation of Rolling Greens was under con- sideration when the Hutchinson -Sauer petition was first introduced. It was suggested at that time that the Kruse Company annex more than the S'k of the NW'k of Section 22 so that it would not prevent the other tract from abutting the city. At that time, you stated that you would not use your property as a block to annexation of other lands. 1 • 1 • 1 Record of Official Proceedings of the Common Council 46T: 1 of .the _City .of Rochester,. Minn., August 4, 1958 OSWALD PUBLISHING CO., NEW ULM, MINN. 5195 Now that the Council is considering the petition to annex the Hutchinson - Sauer property, we request an annexation of enough of your property to the N2 of NWk Section 22 to make the Hutchinson -Sauer land contiguous to the City limits, and leave the City Council free to exercise their judgement on its annexation. Sincerely yours, Albert J. Tingley, Chairman Public Works Committee" The Public Works Committee was to meet with Mr. Allerton at their next meeting, on Wednesday. President Kamm reported that the Rochester Airport Company and Gopher Aviaition had practically arrived at a suitable figure and that the tentative plans at present were that (1) there is an apron which has.been concreted at the new airport suitable for Gopher Aviation to locate a proper building and (2) plans are that the Airport Company is going to disassemble the big metal hanger on the present airport and that will possibly be purchased by Gopher Aviation and transferred to the new airport location. Upon motion by Morris, second by McGuckin, the meeting was adjourned until 7:30 P. M. President Kamm called the meeting to order at 7:30 P. M., all members being present except Alderman Hanlon. President Kamm stated this as being the time and place set for the following hearings: Hearing on the construction of a curb and gutter on 15th :Street Northwest, west of 8thi Avenue Northwest in Washington Subdivision. There was no one present wishing to be heard, President Kamm declared the hearing closed. Hearing on the construction of a curb and gutter on the south side of 1st Street Northwest between 13th and 16th Avenue Northwest. There was no one present wishing to be heard. President Kamm declared the hearing closed. Hearing on the construction of sidewalks approaches to John Marshall High :School on the south side of 14th St. N.W. from 2nd Ave. N. W. to T.H. 52; the north side of loth St. N. W. from 6th Ave. N. W. to loth Ave. N. W.; on both sides of 12th St. N. W. from llth Ave. N. W. to John Marshall High School; the north side of 7th St. N. W. from 9th Ave. N. W. to 13th Ave. N. W.; on both sides of 13th Ave. N. W. from 7th ;Street N. W. to 9th Street N. W.; on both sides of llth Avenue N. W. from 5th Street N. W. to 7th St. N. W.; on both sides of 16th Avenue N. W. from 14th Street N. W. to Elton Hills Drive and on both sides of Elton Hills Drive from U. S. 52 to the end of Elton Hills Drive in Elton Hills 3rd Addition. A petition with 19 signatures of property owners on 16th Avenue Northwest protesting the construction of the said sidewalk for the following reasons was read: 1. We question the need to have sidewalks to Elton Hills Addition because it is 2/3 of a mile from the John Marshall High School to the first house in Elton Hills and doubt that many students will be walking to school. 2. The entrance to the school is at the corner of 152 Ave. N. W. & 14th St. N.W. and 152 Ave. N. W. has sidewalks from 14th St. N. W. to 16th St. N. W. 3. We have been to the expense of sodding our lawns, part of which would be lost when walks are constructed. 4. Many of the lawns would need to be -partially regraded to meet the level of the walks. Mr. Ferman Smith, Mr. A. C. Oman and Mr. Richard Pike were all present and protested the constr- uction of the said sidewalk. After hearing those present a motion was made by Wilkus to eliminate construction of a sidewalk on 16th Avenue Northwest from 14th Street N. W. to Elton Hills Drive 468 Record of Official' Proceedings of the Common Council of the City of Rochester, Minn., August 4, 1958. OBWALD PUBLISHING DD., NEW ULM. MINN. 5IB5 from this project and postpone consideration of this matter indefinitely. Morris seconded the motion and upon roll call, Haas, Tingley and Kamm voting "no" and McGuckin, Morris and'Wilkus voting in favor of the motion, President Kamm declared the vote a tie and the motion lost. A motion was then made by Haas that the hearing be closed and that construction proceed as recommended by the Public Works Committee. Tingley seconded the motion and allvoting in favor thereof, President Kamm declared the motion carried. Hearing on the proposed assessment of a trunk line sanitary sewer to Rolling Greens Addition, Rolling Greens Replat and several parcels of unplatted land in the South k of the Northwest J; of Section 22, Township 107 North, Range 14 West. There was no one present wishing to • be heard. President Kamm declared the hearing closed. n Hearing on the proposed assessment of a water tower to be located on the east side of 18th :Avenue N. W. approximately 1250 feet north of the present city limits together with the necessary trunk line to connect said water tower with city water system on 18th.Avenue Northwest. There was no one present wishing to be heard. President Kamm declared the hearing closed. Hearing on the proposed assessment on construction of a sanitary sewer, water main, service connections, grading and surfacing in Rolling Greens Addition and Rolling Greens Replat. There was no one present wishing to be heard. President Kamm declared the hearing closed. The recommendation of the Board of Zoning that the petition of Mayo Association to have the following described property changed from a residential to a commercial zone be granted, with the stipulation that ample offstreet parking be provided, was read: "A part of lots 34 & 35, Auditor's Plat "A:, described by metes and bounds as follows: Commencing at a point on the north line of the southwest quarter of the southeast quarter of Section 1, Township 106 north, Range 14 west, which is 528.3 feet west of the northeast corner of said quarter section, thence southeasterly along the easterly line of Slatterly Park a distance of 163.15 feet for a place of beginning, thence continuing southeasterly along said line a distance of 801.05 feet to the centerline of the west bound land of Trunk Highway #14-52, thence easterly along said centerline a distance of 784.7 feet to a point where the west line of Billmar Addition to the City of Rochester extended southeasterly, intersects said centerline, thence northwesterly along said line extended a distance 66 496.7 feet to the place of beginning. Subject to street and highway easements along the southerly and easterly sides of the above described tract.(intersection of U. S.Highway 14-52 and 13th Ave. S. E.)." A'motion was made by Wilkus that this recommendation be tabled until the meeting of the Council • on August 18th. President Kamm declared his motion lost for want of a second. A motion was then made by McGuckin that the recommendation of the Board of Zoning be accepted and a hea a hearing be set for 7:30 P. M. on September 2, 1958. Haas seconded the motion and all voted in favor thereof. The recommendation of the Board of Zoning that the petition of E. A. Rundell, Jr. to have Lots 16, 1 and 2, Block 2, Grahams Addition Second changed from a residential to a commercial zone be denied was read. The report of the City Planning Director recommending that in order to preserve the residential nature of the remainder of Graham's 2nd Addition that the petition be disapproved was also considered. A motion was made by Haas that the recommendation of the Board of Zoning be approved and the petition be denied. Wilkus seconded the motion and all voted in favor thereof., C.� r 0 1 Record of Official Proceedings -of the Common Council of the City of Rochester, Minn., August 4, 1958 OBWALD PUBLISHING CO.. NEW ULM, MINN. 5195 - - The recommendation of the Board of Zoning that the petition of Gerhard and Dorothy E. Betcher to have Lots ls, 16 and 17, Edgewood Addition changed from a residential to a multiple dwelling zone be granted was read. (Also the report of the City Planning Director to the Board of Zoning recommending that this petition be granted providing the following restrictions are agreed to (1) driveway approaches to Lots 15, 16 and 17 shall be permitted from the service drive only along the east side of U. S. Highway 63 North and (2) offstreet parking provisions be provided by the onwer, a minimum of one offstreet parking space for each dwelling unit was read). A motion was made by Tingley that the recommendation of the Board of Zoning be approved and a hearing be set for 7:30 P. M. on September 2, 1958. Morris seconded the motion and all voted in favor thereof. The recommendation of the Board of Zoning that the petition of Mr. & Mrs. Harold Dunnette to have Lot 2, Bilmar Addition changed from a residential zone to a commercial zone be granted was read. They further recommended that the adopted plan for this area dated March 1, 1954 be revised so that all the property lying south of the north line of Lot 33, Auditor's Plat "A" and Northwest of llth Street and Northeast of 15th Avenue Southeast'be revised from multiple dwelling to commercial zone.. A motion was made by Tingley that the recommendation of the Board of Zoning be approved and a hearing be set for.7:30 P. M. on September 2, 1958. McGuckin seconded the motion and all voted in favor thereof. A letter from the Rochester Junior Chamber of Commerce stating that the twenty-third annual 4-H Livestock Sale would be held at 4:00 P. M. on Friday, August 8th, at the Olmsted County Fairgrounds, was read and President Kamm ordered the same placed on file. R.V. Ehrick, City Attorney, stated that the City could not spend funds for this. He was instructed to notify the Chamber of Commerce of this. The final plat of Northgate 2nd Addition was presented. The recommendation of the Planning & Zoning Commission, dated April 14, 1958 recommending that the plat be approved with the following recommendations: (1) home construction shall be accomplished in accordance with City policy regarding building (2) uniform building setback lines of 25 feet minimum be established on this plat by the Zoning Board (3) that the Common Council take an option on Lot 7, Block 3 for park purposes under ordinance #963. The Park Board shall also submit a recommendation regarding this purchase and (4) right-of-way should be acquired on 25th Avenue N. W. to provide for a full street. R. V. Ehrick, City Attorney, stated that these recommendations had been followed and there was now an option contract for Lot 7, Block 3, of Northgate 2nd Addition to be signed. Mr. Tom 0. Moore, Planning Director, also recommended that it be approved, stating that he did not anticipate any trouble in getting the nr-essary land for the right-of-way on 25th Avenue N. W. The report of the City Engineer that he had examined the proposed plat of Northgate 2nd Addition and that it meets the requirements of Ordinance No. 704 and recommends its acceptance was also read. Alderman Tingley then introduced a resolution accepting the plat of Northgate Second Addition, which was read. A motion was made by Tingley that thejsaid resolution be adopted as read, Wilkus seconded the motion and all voting in favor thereof, President Kamm declared the said Record of Official Proceedings of the Common Council of the City of Rochester, Minn., August 4, 1958 resolution duly passed and adopted. A motion was then made by Wilkus to accept the option to purchase Lot 7, Block 3, Northgate 2nd Addition and authorizing the Mayor and City Clerk to execute the option in the City'; name. Tingley seconded the motion and all voted in favor thereof. Alderman Tingley introduced the following resolution which was read: "Be it resolved by the Common Council of the City of Rochester that the Mayor and City Clerk are authorized to execute and deliver an easement to the County of Olmsted, Minnesota for highway purposes, a copy of which easement is marked exhibit "A" and is attached hereto and made a part hereof. This easement is being granted to the County of Olmsted in consideration of the payment to the City of Rochester the sum of $1,088.78 and in consideration of the agreement by the County of Olmsted to relocate County State Aid Highway No. 16 along the line described • in said easement. Be it further resolved that after due consideration, the Common Council finds that the land over and through which the said easement is granted is not needed for any other municipal 1purpose and that the consideration for the easement is fair and reasonable." A motion was made by Haas that the said resolution be adopted as read. McGuckin seconded the motion and all voting in favor thereof, President Kamm declared the said resolution duly passed and adopte adopted. Alderman Wilkus introduced a resolution levying special assessments for the constr- uction of a sanitary sewer, water main, service connections, grading and surfacing in Rolling Greens Addition and Rolling Greens Replat. A motion was made by Haas that the said resolution be adopted as read and the assessment be spread over a 1period of 10 years at an interest rate of 5% per year. Wilkus seconded the motion and all voting in favor thereof, President Kamm declared the said resolution duly passed and adopted. for the Alderman Wilkus introduced a resolution levying special assessments constr- uction of a water tower to be located on the east side of 18th Avenue Northwest, approximately 1250 feet North of the present city limits together with the necessary trunk line to connect said water tower with the city water system on 18th Avenue Northwest. A motion was made bjTingley that the said resolution be adopted as read and the assessment be spread over a period of 2 years at an interest rate of 5% per year. Wilkus seconded the motion and all voting in favor thereof, President Kamm declared the said resolution duly passed and adopted. After discussing the number of years over which the assessments should be spread, a motion was made by Tingley that the above motion be • rescinded. Wilkus seconded the motion and all voted in favor thereof. A motion was then made by Tingley that the above resolution be adopted as read and the assessment be spread over a period of 10 years and at an interest rate of 5% per year. Wilkus seconded the motion and all voting in. favor thereof, President Kamm declared the said resolution duly passed and adopted. Alderman Wilkus introduced a resolution levying special assessments for the constr- uction of a trunk line sanitary sewer to Rolling Greens Addition, Rolling Greens Replat and several parcels of unplatted land in the South kZ of the Northwest k of Section 22, Township 107 North, Range 14 West. A motion was made by Haas that the said resolution be adopted as read and the assessment be spread over a 1period of 10 years at an interest rate of 5% per year. Morris seconded the motion and all voting in favor thereof, President Kamm declared the said resolution duly passed and adopted. Record of Official Proceedings of the Common Council of the City of Rochester, .Minn.,.: August 4, 1958 '- 471 • FJ J 1 1 The following resolution were each introduced and read, and upon motion made, seconded and all voting in favor thereof, President Kamm declared the said resolutions duly passed and adopted: Resolution appropriating $500.00 from the General Fund and ordering payment made to Alex P. Smekta. Upon motion by Haas,.second by Wilkus, resolution adopted. Resolution approving plans and specifications and ordering bids for the making of the following improvement: construction of a curb and gutter on 12th Avenue Southeast from 8th to 82 Street Southeast. Upon motion by McGuckin, second by Morris, resolution adopted. Resolution approving plans and specifications and ordering bids for the making of the following improvement: construction of a curb and gutter on the south side of 1st Street N. W. from 13th to 16th Avenue Northwest. Upon motion by Morris, second by Tingley, resolution adopted. Mr. 0. J. Allerton was present and inquired what had been done about the rezoning of his property in Rolling Greens Addition. He was told that the ordinance had been given its second reading this evening and that was as far as it would go tonight. Mr. Frances J. Polt`�of 1408 - 16th Avenue N. W. was present and inquired what dis- position had been made of their ptition protesting construction of a sidewalk on 16th Avenue N.W. He was told that the sidewalk would be built but probably not until the later part of the program. C. A. Armstrong, City Engineer, reported that this present plan was made up by the School Board, Police Department, Planning Board, Engineer's Department and the Public Works Committee. Alderman Tingley, Chairman of the Public Works Committee, stated that this was not going to give all the sidewalks needed but where they felt that they would do the most good, that this was merely a part of a more extensive program. Mr. Polt was invited to attend the Public Works Committee meeting on Wednesday afternoon at 4:30 P. M. The feasibility of constructing a sidewalk on the north side of 14th Street was discussed and also the matter of placing a semaphore at 14th Street and llth .Avenue was discussed. A motion was made by Wilkus that the question of placing a semaphore on 14th Street and llth Avenue be referred to the City Security Committee and the matter of sidewalks on the north side of 14th Street N. W. be referred to the Public Works Committee. Morris seconded the motion and all voted in favor thereof. Upon motion by Morris, second by McGuckin, the meeting was adjourned until 7:30 P. M. on August 18th, 1958. iej_.4a_� Cit Clerk 0