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HomeMy WebLinkAbout11-20-1958598- Record of Official Proceedings of the' Common Council of the City of Rochester, Minn., November 20, 1958 OHWALD PU13LISHING CO., NEW ULM, MINN. 5195 the Library Board was read and President Kamm ordered the same placed on file. A letter signed by J. A. Spicola, Traffic Engineer for the State Department of Highways, advising that the installation of traffic control signals had been completed at the intersection of T. H. #63 (Broadway) and 9k Street Southeast and the intersection of T. H. #63 (Broodway) and 13th Street Northwest and Northeast and that the same were turned over to the City for maintenance and operation in accordance with the terms of their agreement was read and President. Kamm ordered that the same be placed on file. A lettersigned by Clarence Johnson, J. Joe Adamson, Robert Prouty, Walt Scharf and Elmer Halling protesting the use of the end of 1st Avenue Southwest being used as a dumping ground was read. Upon motion by Morris, second by Wilkus, the same was referred to the Public Works Committee and theCity Engineer. All voted in favor thereof. The following letter from Schacht & Schacht, Attorneys, was read and upon motion by Wilkus, second by Haas, the same was referred to the Public Works'Committee: "Honorable Common Council of the City of Rochester City Hall Rochester, Minnesota Gentlemen: We are writing to you at the request of Steve F. Gromek and Dorothy P. Gromek, his wife, who are the owners of Lot No. 1 in Block No. 3 of Conley's Addition to the City of Rochester, Olmsted County, Minnesota. They have been trying for some time to sell said property and have had several buyers who have been willing to pay $14,500.00 for this property. Each time they have been about to consumate the sale, the buyers have learned that there are plans under consideration by the City to take a substantial portion of said premises for a street. The buyers in each case have refused to complete the transaction because of that fact. At this time the Gromeks offer said premises to the City for the price of $14,500.00 and urge that the City purchase this property. If the City does not care to do this, they urge that you take some action to indicate that you do not plan to run a public street across said premises so that possible sales of this property will 'not be impaired by reports or rumors to the contrary. We respectfully request your consideration of this matter and would appreciate a report as to the action taken by the Council. Yours very truly, SCHACHT & SCHACHT By: Wm. C. Schacht" A letter signed by Andrew E. Towey, Vice President of Rochester West Company, submitting a preliminary plat of Country Club Manor 5th .Addition was read. Upon motion by Tingley, second by Morris, the preliminary plat was referred to the Planning Commission. All voted in favor thereof. A letter from Tom 0. Moore, City Planning Director, stating that he had examined bhe petition of Mr. George Leiferman to vacate certain parcels of Lots 8, 9 and 10, Block 5, Cascade Manor which the City of Rochester owns for street purposes and finds that the lands described in the petition dated October 27, 1958 are a true and correct description of lands which are no longer needed for street purposes by the City of Rochester was read and President Kamm ordered that the same be placed on file. A letter from the State of Minnesota, Water Pollution Control Commission, stating that plans recently submitted for sewerage facilities in_the_.City were approved and a permit for constr- uction is granted was read and President Kamm ordered the same placed on file. (Sewers are'located on 3rd St. S. W. from 18k Ave. to 21st Ave. S.W.; on 21st Ave. S.W. from 3rd St. S.W. to 5th St. 1 • 1 1 I 7� - Record of Official Proceedings of the Common Council of the. City of. Rochester, Minn., November 20,, 1958 S. W. and on 5th St. N.,W. from 9th Avenue N..W. to 8th Avenue N. W., then 86.6 feet north then 251 feet east.) A letter signed by Paul J. Kreter enclosing a deed to the City of Rochester,.Minnesota for Outlot No. One (1), Kreter's Replat of Blocks Nos. Eighteen (18), Nineteen (19), Twenty-two C� d (22), anTwenty three (23) Cumming's Addition to Rochester, Minnesota, which is to be given for � public purposes was read. A motion was made by Tingley that this lot be accepted as City property and the City Attorney was instructed to prepare a resolution accepting the said lot. McGuckin seconded the motion and all voted in favor thereof. • d The following letter from the Attorneys of the Southern Minnesota Broadcasting Company was read: "The Honorable Mayor and Members of the Common Council of the City of Rochester Rochester, Minnesota Re: Ordinance No. 984 and Ordinance No. 989 Amendatory thereto granting franchise to Rochester Video, Inc. Gentlemen: We are writing on behalf of Southern Minnesota Broadcasting Company, operator of station KROC-TV, Rochester to express concern over an apparent breach of faith with the Common Council and the public, as well as with our client, involving operations of Rochester Video, Inc. under the community antenna franchise ordinance adopted by your honorable body last srping. We are concerned by the several representations being reported to us that the grantee of this franchise intends to employ its facilities to carry the broadcast of the same national network as that made available to our community through KROC-TV facilities, namely, the NBC network. We recall, and we believe the members of your honorable body will recall, the assurance given at the time of the adoption of this ordinance by counsel for Rochester Video, Inc., that the grantee would not use its facilities to carry broadcasts of Channel 5, which is the channel employed by the St. Paul station which also carries NBC network broadcasts in this area. We believe that this assurance was relied upon in the adoption of this ordinance. It is being repeatedly brought to our attention that the grantee of this franchise is representing to intended customers that it will offer NBC network broadcasts over its facilities., presumably through broadcast of Channel 5 programs. We are enclosing a Rochester Post -Bulletin advertisement which appears to have been inserted by the grantee, containing this representation. The provision of these NBC broadcasts on the grantee's facilities has very serious implications for the continued availability of network facilities through Rochester's own television station. It not only threatens the continued availability of network broadcasts to the Rochester station, but through the threat of loss of these network broadcasts, threatens the continued existence of the station itself. We believe the Council to have been concerned to retain the services of a local television broadcasting station'to this community, with its important provision of local public service features as well as local advertising outlets, and we understand the Council to have relied upon • the assurances given by the grantee in adopting the franchise ordinance. In the face of the representations to, referred we write to suggest an amendment of the ordinance regulating the duplication of network programs already made available to the local community through the local telecasting station, so as to obviate this danger to the community and the many persons dependent upon the local,station for their livelihood. In view of the assurances made at the time of adoption of the ordinance, we assume the grantee would feel bound to consent to all reasonable regulations adopted by the Council in this regard. Very respectfully yours, PEMBERTON, MICHAELS, BISHOP & SEEGER /s John de J. Pemberton, Jr." R. V. Ehrick, City Attorney, reported that this franchise ordinance adopted last April placed no restrictions on the network programs that are to be presented over the line. He said he recalled that there was discussion at the time the ordinance was duplicating local adopted about our station and felt it would be a matter for the Council to consider and that if the Council is so inclined that this cordinance could be amended to provide that there would be no duplication of services. • 600 Record of Official Proceedings. of the"Common Council of the City. of Rochester, Minn., November 20, 1958 • OSWALO PUBLISHING CO., NEW ULM, MINN. 5195 He further stated that the Council has the right to -adopt certain regulatory procedures as long as they do not impair the substance of the franchise(as set forth in Section 6 of the present ordinance). Mr. Michaels, Attorney, was also present and spoke in behalf of the Southern Minnesota Broadcasting Company. A motion was then made by Haas that this matter be referred to the City Security Committee, they to meet with Rochester Video Company to discuss this matter and then if the Council sees fit to amend this ordinance. Tingley seconded the motion and all / voted in favor thereof.- A copy of a letter mailed to the Board of Park Commissioners by the Rochester Male Chorus stating that they had been requested to sing the National Anthem to open the Sugar Bowl • game on New Years Day and requesting that the Park Board give favorable consideration to rent-free use of the theater section of the Mayo Civic Auditorium to present its fall concert, this concert would partially finance the New Orleans appearance, was read. Upon motion by Haas, second by Hanlon, the same was ordered placed on file. All voted in favor thereof. The petition of Holm & Olson 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 said petition was referred to the Board of Zoning: "All that parcel of land lying South of a line Three Hundred Twenty-five (325) feet south and parallel to the North line of Lot No. Ninety-seven (97) and Lot No. Ninety-eight (98), Auditor's Plat B, Rochester, Minnesota, less: Commencing at the Northwest corner of Lot No. Nine (9)., Block No. Eight (8), Cascade Subdivision, thence West Sixty V60)feet for a place of beginning, thence West Forty-seven (47) feet, thence South to the North line of Seventh Street Northwest, thence Southeasterly along the North line of said Seventh Street Northwest to a point south of the beginning, thence north to the beginning." The following resolution adopted by the Public Utility Board was read and upon motion by Tingley, second by Haas, the same was approved and the City Clerk was instructed to prepare a resolution approving same: "Be it,and it is hereby resolved by the Public Utility Board of the City of Rochester, Minnesota that the amount of $101,511.55 be and is hereby appropriated from the Public Utility Fund - Electric Department to the First National Bank of Rochester, Minnesota for k the purchase of $100,000.00 par value of 3 5/8% U. S. Treasury Notes maturing February 15th 1962 (Principal $100,625.00 and accrued interest $886.55). Be it and it is hereby further resolved that the said 3 5/8% U.S. Treasury Notes be purchased for Electric Department Depreciation Reserve - Invested Funds." The following letter from The Kruse Company was read: • "The Honorable Mayor and the Common Council of the City of Rochester SUBJECT: Rolling Greens Second Addition Gentlemen: The Kruse Company is herewith submitting a final plat for Rolling Greens Second Addition. On September 15th of this year, we submitted to the Council our petition together with the preliminary plat and an outline for procedure in the establish- ment -of a two hundred foot right of way for 37th Street Northwest. May we refer you to our petition of September 12th and our letter of the same date in reference to this second addition? The petition and the letter, together with the final plat, is being submitted for your consideration and acceptance. Respectfully yours, THE KRUSE COMPANY /s 0. J. Allerton, President" Tom 0. Moore, Planning Director, stated that this plat had been previously submitted but that it Record of Official Proceedings. of the Common Council of the -City -of Rochester, Minn., November 20, 1958 I • 1 L had been held up because no statement had been received from the Park Board as to the need for parks in this area and felt some statement should be received from the Park Board before any action.is taken. Mr. 0. J. Allerton was present and stated that this park matter was something new to him but that it was probably the outcome caused because the school has not yet definitely decided where they wished to be and if the school would acquire land that would solve the playground problem. A motion was made by Haas that this matter be tabled until the next meeting and the Mayor try to get a commitment from the Park. Board and the final plat be sent to the Planning Commission. McGuckin seconded the motion and all voted in favor.thereof. Mr. Bryce Bloodgood of 1501 - 16th Avenue N. W.; Mr. George Welch of 1206 - 10th Street N. W.;•and Mr. Robert McCutcheon of 1712 Cascade N. W.were present and requested action to protect children from traffic in the area of Washington, John Marshall High and St. Pius Schools. Mr. Bloodgood stated that the following conditions existed (1) children walking on road and not protected on llth Avenue, Highway 52 and 14th Street (2) school busses are being passed (3) not obeying traffic signal at Washington School and (4) children can not corss parking lot exit at John Marshall High and limited number of exits at John Marshall High and made the following recommendations (1) Mothers patrol at 12th Street and llth Avenue (2) Mothers patrol at 14th Street and 13th Avenue and a stop light added (3) sidewalks be const*ucted on the north side of 14th Street N. W. between llth Ave. and 16k Ave. N.W. and on the west side of llth Avenue N. W. between 7th and 14th Streets N. W. (4) safety zones be shown on llth Avenue N. W. from 14th St. to Highway 52 and on 16h,Avenue N. W. from Highway 52 to 14th St. N. W. and (5) safety education program.at all schools. Alderman Tingley, Chairman of the Public Works Committee, stated that the City has a sidewalk program now and were constructing as many as possible this year. Alderman HKanlon_stated that the City Security Committee had studied school crossings at length and had noted legal restrictions affecting establishment of womans patrol and he felt an over-all evalua- tion should be made of traffic signal requests and their effect on traffic. A motion was then made by Wilkus that the recommendation for stop lights at 14th Street and 13th Avenue N. W. be referred to the City Security Committee and that the other information submitted by this delegation be analyzed further. Morri's seconded the motion and all voted in favor thereof. The recommendation of the City Security Committee that bids'be taken for a traffic actuated signal, with pedestrial controls, at 7th Street' and 2nd Avenue N. W. and for a fixed timie signal at West Center Street' and 2nd Avenue was read'. Upon motion by Haas, second by Tingley, the recommendation was accepted And the City Clerk was instructed to prepare a resolution ordering bids as recommended. All voted in favor 'thereof. The recommendation of the City Security Committee' that the request of Pat E. Sours of 107 - 4th Street S. E., for a reserved parking space be denied, such a request cannot be granted legally, was read. Upon motion by Tingley, second by Wilkus, the recommendation was approved. All voted in favor thereof. The recommendation of the City Security Committee that bids be taken for furnishing a panel truck for use in the Meter Maintenance Department was read. At the present time the truck 6 0 ' Record of Official Proceedings of. the Common Council of the City of Rochester, Minn., November 20, 1958 OSWALD PUBLISHING CO., NEW ULM, MINN. 5165 Fused by that Department is broken down and it is the opinion of the committee that the cost of repairing this truck can not be justified, monies are budgeted for this expenditure in the next fiscal year, however, the committee feels that this replacement should be made at ,this time. A motion was made by Haas that the recommendation be accepted and the City Clerk was instructed to prepare a resolution ordering bids as recommended. Wilkus seconded the motion and all voted in favor thereof. Alderman Tingley stated that he had one objection, he felt they.should buy a (domestic truck not a foreign make (Volkswagon). He was told that the specifications were broad enough so anyone.can bid. The following recommendation of the Public Works Committee was read and upon motion by Haas, second by Hanlon, and all voting in favor thereof, the recommendation was accepted: . "Honorable Mayor & Common Council City of Rochester, Minnesota Gentlemen: We, the undersigned, recommend to the Counfil for your approval the following Pr&jects for Construction in the Bond Issue Program for 1959. Sanitary Sewers Bond Issue No. #5 (Part 5 of) Trunk Line crossing under Belt Line Highway S. W. at end of Memorial Parkway S. W. $ 6,000.00 This will complete the Sanitary Sewer Bond Issue Program Storm Sewers 1. Laterals in 16th & 17th Sts. N.E. East of North Broadway. (Must be preceded by Trunk Line Sewer•in•North Broadway, which is a joint City -State project) $ 49,185.00 2. 14th St. N. E. from 6th Ave. to 14th Ave. N. E. and laterals north from 14th St. N. E. $250,050.00 3. 10th St. N. E. from loth Ave. to 12th Ave. N. E.• $ 22,216.00 5. Laterals on 2nd, 3rd, 4th and 5th Sts. N. E. west of 15th Ave. N. E. Trunk Line $ 32,210.00 8. 16th Ave. N. W. from West Center north to Cascade Creek $ 34,664.00 10. 14th St. N. W. & laterals between 5th Ave. N.W. and loth Ave. N. W. $ 63,758.00 Storm Sewer Total $442,083.00 This will complete the Storm Sewer Bond Issue Program. Primary Street Improvements (Widening & Paving) Bond Issue Project Miles Cost 1-A (part) 7th St. N. E. from Broadway to 2nd Ave. N.E. 0.15 $ 40,000.00 9 New Primary Street N. W. between llth Ave. N. W. and New Interchange at T.H. 52 and 14 in N. W. Rochester 0.42 $190,000.00 3-A llth Ave. N. W. from 2nd St. N.W. to 7th St. N. W. 0.45 $ 92,000.00 6 A&B 2nd Ave. N. W. & S. E. from 2nd St. S.E.to 2nd St. N. E.' 0.27 $110,000.00 6C 2nd St. N. E. from Broadway to 2nd Ave. N.E. 0.13 $ 35,000.00 6D 2nd St. S. E. from 1st Ave. to 2nd Ave. S.E. 0.08 $ 20,000.00 8 2nd Ave. N. E. from 2nd St. N. E. under the Railroad to 7th St. N. E. 0.35 $190,000.00 10(part) 13th St.N.W. from Broadway to Cascade Creek • 0.21 $ 50,000.00 Totals 2.06mi. $727,000.00 These projects, together with the 2 projects constructed in 1958, will comprise $1,065,000 or 40% of the total $2,547,000 Primary Street Bond Issue Program. All of the projects listed above will be completed in 1959 except possibly #8 which entails, in part, an underpass structure under the Chicago North Western Railroad tracks on 2nd Ave. N. E. Respectfully, ( /s Albert J. Tingley, Chairman Public Works Committee ( /s David G. Hanlon ( /s Wm. P. McGuckin " 1 • 1 1 • 1 Record of Official Proceedings of the Common Council of the..City of Rochester, .Minn., ` November 20, 1958. The recommendation of the City Security Committee stating that they had reviewed the petition referred to them requesting that a pedestrian actuated (push button) traffic light (or other suitable device) be placed across 4th Street*S. E. at 14th Avenue S. E. to insure the safe passage df children to school and recommended that as 4th Street S. E. is State Highway # 296, that the State of Minnesota be requested to evaluate the request of the petitioners and return a recommendation, was read. Upon motion by Haas, second by Morris, and all voting in favor thereof, the recommendation was accepted. The recommendation of the.City Security Committee that the Fire Department be authorized to • purchase a 1954 Chevrolet Pickup Truck for the sum of $900.00, trading in the old panel now in use by the Fire Department, was read and upon motion by Haas, second by Wilkus, and all voting in favor thereof, the recommendation was accepted. The recommendation of the Public Works Committee stating that they had reviewed the proposal for making news releases concerning the -Comprehensive Plan Program and recommend that each news release shall be approved by the Planning Director, Planning Commission and Public Works Committee of the Council before it is printed in the paper was read. A motion was made by Haas that the recommendation be accepted as presented. Wilkus seconded the motion and all voted in favor thereof. The recommendation of the Public Works Committee stating that they had reviewed the petition to vacate the 10 feet alley lying along the west side of Lots 1-5, Block 2, Northern Addition and recommended that the petition be denied and that public traffic in the.alley be controlled by the use of narrow vertical -reading stop signs at the north and south ends of the alley was read. Mr. John Gowan, Attorney representing the petitioners, was present and asked that the Council recon- sider the recommendation of the Public Works Committee. He stated that there was an 18 foot alley running West of the present alley which he felt could serve the house that has access only by the alley. He did not feel the 10 foot alley was necessary for any public use and that the present alley was just used as a speedway and endangered the lives of children living in this neighborhoodil A motion was made by Haas that this matter be referred back to the Public Works Committee and the Planning Commission for reconsideration. Wilkus seconded the motion and all voted in -favor • thereof, except Alderman Tingley who voted "no". The recommendation of the Internal Affairs Committee that no action be taken on the Fact Finding Committee -Report for the Street & Alley Workers for the balance of the current fiscal year but that the Council give consideration to the Fact Finding Report in setting salaries for the next fiscal year was read. Mr. -Howard Scott, spokesman for the operating engineers union, was present and urged that the Council not accept this recommendation and give further thought to adjusting wages for the Street & Alley employees for the balance of the current fiscal year. He stated that wages could be adjusted during the year and also stated that the report had recommended that scales be established at 85% of wages similar in industry. paid workers private Alderman Hanlon stated that the report had recommended wage scales to be set for the year 1959 and did not feel that -the Council could adjust the salaries of any one group this late in the year. A motion made by Hanlon that the recommendation of the Internal Affairs Committee be accepted. was then 60-4 Record of Official Proceedings of the ' Common Council of the City of Rochester, Minn., November 20,. 1958 OSWALD PUBLISHING CO., NEW ULM. MINN. 5195 Haas seconded the motion and all voted in favor thereof. Upon motion by Hanlon, second by Wilkus, a five minute recess was declared at 9:40 P.M. The meeting was called to order again.at.9:50 P. M. The recommendation of the City Security Committee that a traffic signal be installed it 2nd Avenue and West Center Street was read. Upon motion by Tingley, second by Morris, and all voting in favor thereof, the recommendation was approved. The application of John 0. Holt for transfer of 3.2 "off sale" and "on sale" beer license at 323 First Avenue Southwest (Brown Derby)from Charles A. Holt to John 0. Holt was read and upon motion by Haas, second by Hanlon, the same was referred to the City Security Committee. • The application of Maass Plumbing & Heating Company for a sewer and drain layer's license was read and upon motion by Tingley, second by Morris, the license was granted. The application of Lee Duxbury for a Master Electrician's License was read and upon motion by Morris, second by Haas, the license was granted. The application of David Andrist for a license to sell cigarettes waa read and upon motion by Tingley, second by Morris, the license was granted. The license bonds of Lee Duxbury in the amount,of $1,000.00 with National Surety Corporation as surety and Maass Plumbing & Heating Company in the amount of $1,000.00 with the Western Surety Company as surety were each read and upon motion by Tingley, second by Morris, the bonds were approved, the surety thereon accepted and the same were ordered placed on file. The report of the City Treasurer for the month of October, 1958 was read and President Kamm ordered the same placed on file. The report of the City Weighmaster for the month of October, 1958 showing fees collected for loads weighed $97.35 was read and President Kamm ordered the same placed on file. The reports for the month of October, 1958 of the Building Inspector showing -fees collected for building permits issued $1,833.00; of the Electrical Inspector showing fees collected for electrical permits issued $408.75; of the Plumbing Inspector showing fees collected for plumbing permits issued $174.75; of the Heating Inspector showing fees collected for heating permits issued $130.00 and fees follected for sign permits $57.53,were each read and President Kamm • ordered the same placed on file. The reports of the Clerk of Municipal Court for the week ending October 31, 1958 showing total,criminal fines and costs collected and civil fees received $1,973.05 and Total remitted to the City Treasurer $1,012.65 and for the week ending November 7, 1958 showing total criminal fines and costs collected and civil fees received $2,153.95 and total remitted to the City Treasurer $1,077.15 were each read and having been approved by the City Attorney, President Kamm ordered the same placed on file. The following resolutions were each introduced and read and upon motion made and seconded and all voting in favor thereof, President Kamm declared the said resolutions duly passed and adopted: Resolution levying special assessments for the use and service of the sewage system for I Record of Official Proceed-ings _of the .Co'rrimon Council of the .City .of Rochester, .Minn., November 20, 1958 60 1 .• 1 I J • 1 the year 1958. Upon motion by Haas, second by Hanlon, resolution adopted. Resolution levying special assessments for the collection of garbage for the year of 1958. Upon motion by Hanlon, second by McGuckin, resolution adopted. Resolution authorizing and directing the City Clerk to advertise for sealed bids for the furnishing of one panel truck for use in the Meter Maintenance Department. Upon motion by McGuckin, second by Morris, resolution adopted. Resolution ordering bids for furnishing traffic signals, with pedestrian controls, to be installed at 7th Street and 2nd Avenue Northwest; and a fixed time signal to be installed at West Center Street and 2nd Avenue. Upon motion by Morris, second by Tingley, resolution adopted. Resolution approving plans -and specifications and ordering bids for the construction of a sanitary sewer, water main, house service connections, storm sewer and the grading and surfacing of all the streets in Northgate Second Addition. Upon motion by Tingley, second by Wilkus, resolution adopted. Resolution declaring cost -to be assessed and ordering preparation of proposed assessment for finish grading, base and bituminous surfacing on 17th Avenue Northeast from 3rd Street to 5th Street Northeast. Upon motion by Wilkus, second by Haas; resolution adopted. Resolution declaring cost to be assessed and ordering preparation of proposed assessment for the extension of the water main in loth Street Southwast from llth Avenue Southeast to Southgate Addition and the construction of a water main in old T. H. 20 between loth and llth Street S. E. Upon motion by Haas, second by Hanlon, resolution adopted. Resolution declaring cost to be assessed and ordering preparation of proposed assessment. for the trunk line sanitary sewer in loth Street S. E. from 5th to 16th Avenue S. E. and.in llth Avenue from loth to 13th Street S.-E. and sanitary sewer in 13th Street S. E. from loth to llth Avenue S.'E. and in 11k Street S. E. in Gonderman & Thiels Addition and Schartau's Replat; and in loth Street S. E. from 16th Avenue to 17th Avenue S. E. and in llth Street S. E. from loth Street to 15th Avenue S. E. and in 15th Avenue from loth to 12th Street S. E. Upon motion by Hanlon, second by McGuckin, resolution adopted. Resolution declaring cost to be assessed and ordering preparation of proposed assessment for construction of a sanitary sewer, grading and surfacing in 13k Street Northwest from Broadway to 2nd Avenue Northwest. Upon motion by McGuckin, second by Morris, resolution adopted. Resolution ordering a hearing on the proposed assessment for finish grading, base and bituminous surfacing on 17th Avenue -Northeast from 3rd to 5th Street Northeast. Upon motion by Morris, second by Tingley, resolution adopted. Resolution ordering a hearing on the proposed assessment for extension of a watermain in 10th Street Southeast from llth Avenue Southeast to Southgate Addition and the construction of a water main in old T. H. 20 between loth Street and 11-th Street Southeast. Upon motion by Tingley, second by Wilkus, resolution adopted. Resolution ordering a hearing on the proposed assessment•for construction of a trunk line sanitary sewer in loth Street S. E. from 5th to 16th Avenue S. E. And llth Avenue from loth to • 6 06 Record of Official- Proceedings of the Common Council of the City of Rochester, .Minn., November 20, 1958 OSWALD PUBLISHING CO., NEW ULM, MINN. 5195 13th Street S. E. and sanitary sewer in 13th Street S. E. from loth to llth Avenue S. E. and in 11'k Street S. E. in Gonderman & Thiels Addition and Schartau's Replat; and in loth St. S. E. from 16th Ave. to 17th Ave. S. E. and in llth St. S. E. from loth to 15th Ave. S. E. and in 15th Ave. from loth to 12th St. S. E. Upon motion by McGuckin, second by Morris, resolution adopted. Resolution ordering a hearing on the proposed assessment for construction of sanitary sewer, grading amd surfacing in 13k Street Northwest from Broadway to 2nd Avenue Northwest. Upon motion by McGuckin, second by Morris, resolution adopted. Resolution referring improvement petition for determination of adequacy, feasibility report,and recommendation for construction of a water main in 17th Avenue Southwest (T. H. #52- Service Drive),to serve Lots 1 and 2 in Potvin's First Addition. Upon motion by Wilkus, second by Hanlon, resolution adopted. Resolution referring improvement petition for determination of adequacy, feasibility report and recommendation for construction of a sanitary sewer and water main in llth Street S. W. from the west line of Austin's Replat to a point 280.8 feet west. Upon motion by Wilkus, second by Tingley, resolution adopted. Resolution appropriating $96.19 from the General Fund, $113.53 from the S & A Fund and $281.65 from the Park Improvement Fund and ordering payment made to First National Bank $281.65 and Socony Mobil Oil Company $209.72. Upon motion by Wilkus, second by McGuckin, resolution adopted.# Resolution appropriating $2,523.45 from the General Fund, $12,000.00 from the S & A Fund, $6,866.85 from the Sewer Fund, $24.00 from the Bridge Fund and $31.60 from the Parking Meter Fund and ordering payment made to Street & Alley Fund $7,933.75 and Rochester Sand & Gravel Company, $13,512.18. .Upon motion by McGuckin, second by Morris, resolution adopted. Resolution appropriating $2,267.78 from the General Fund and ordering payment made to Park Department $208.00; Riverside Sand & Gravel $1,234.10; Lester Christopherson $213.18 and K. M. McGhie $612.50. Upon motion by Morris, second by Tingley_, resolution adopted. Resolution appropriating $1,314.47 from the Parking Meter Fund and ordering payment made -to The Woodruff Company $208.77, E. A. Danewick Company $710.40 and Thiem Signs, $395.30. Upon motion by Tingley, second by Wilkus, resolution adopted. Resolution appropriating $1,593.80 from the Street & Alley Fund and ordering payment made to Phillippi Equipment Company $377.20 and Patterson Rock Products $1,216.60. Upon motion by Wilkus, second by McGuckin, resolution adopted. Resolution appropriating $5,172.16 from the P.I.R. Fund and ordering payment made to Black & Veatch. Upon motion by Hanlon,_second by McGuckin, resolution adopted. Resolution appropriating $5,464.89 from the P. I. R. Fund and ordering payment made to Black & Veatch. Upon motion by McGuckin, second by Hanlon,_resolution adopted. Resolution appropriating $1,295.90 from the Park Improvement Fund and ordering payment made to The Kruse Company $233.46, Rochester Figure Skating Club $382.44, Brinck-Solberg $280.00 and E. W. Anderson & Son $510.00. Upon motion by Haas, second by Hanlon, resolution adopted. Resolution appropriating $247.50 from the General.Fund and ordering payment made to • 1 1 r� U 1 • 1 1 • 607 Record of Official Proceedings of the Common Council of the City of Rochester, .Minn.. November 20, 1958 -- OSWALD PUBLISHING CO.. NEW ULM, MINN. 5195 - Leon Joyce. Upon motion by Hanlon, second by McGuckin, resolution adopted. Resolution appropriating $176.08 from the General•Fund, $214.59 from the S & A Fund, $607. from the Fire Protection Fund and $27.55 from the Police Protection Fund and ordering payment to Scharf Auto Supply Company $233.73, Standard Foundry Company $350.00 and quality Printers & Stationers Inc. $441.70. Upon lmotion by McGuckin, second by Morris, resolution adopted. Resolution approving the plat to be known and designated as MATHEN'S WOODSIDE ADDITION. Upon motion by Morris, second by Tingley, resolution adopted. Resolution appropriating $277.52 from the -Park Improvement Fund and $49.63 from the Light Fund and ordering payment made to City of Rochester, P. U. Upon motion by Tingley, second by Wilkus, resolution adopted. Resolution appropriating $700.00 from the General Fund and ordering payment made to Mayor Alex P. Smekta. Upon motion by Hanlon, second by Haas, resolution adopted. Resolution approving resolution adopted by the Public Utility Board for purchase of $100,000.00 3 5/8% U. S. Treasury Notes. Upon motion by McGuckin, second by Haas, resolution adopted. Resolution amending a resolution establishing Municipal State Aid Street System in the Cit of Rochester, Minnesota (by adding thereto 4th.Ave. S. W. and N. W. from 7th St. S. W. to 7th St. N. W.). Upon motion by Haas, second by Hanlon, resolution adopted. Resolution accepting the deed of Paul J. Kreter and Alice M. Kreter conveying Outlot One, Kreter's Replat of Blocks 18, 19, 22 and 23,,Cummings Addition and that it be turned over to the Board of Park Commissioners to be used by them for public purposes until otherwise designated by the Common Council. Upon motion by Haas, second by Tingley, resolution adopted. Alderman Hanlon voted "no". Resolution amending a resolution establishing parking and parking meter regulations and provisions pursuant to Ordinance No. 871 by adding to the NO PARKING ZONES subsection bx which reads as follows: "bx. On the East side of-6th Avenue Southwest from 3rd Street Southwest to 4th Street Southwest at all times." Upon motion by Hanlon, second by McGuckin, resolution adopted. Resolution proposing to rezone the following lots on North Broadway Street between 7th St. N. E'. and N. W.'and 13th St. N. E. and N. W. from a residential to a commercial zone: NORTHERN ADDITION The East 62k ft. of Lots 1 and 2, Block 32; Lots 3, 4, 5 and 6, Block 32; The East 62k feet of Lot 1, Block 33; Lots 5 and 6, Block 33; Lots 1 and 2, Block 34; Lots 1, 2, 3, 4, 5 and 6, Block 35; Lots 1, 2, 3, 4, 5 and 6, Block 36; Lots 2 and 3, Block 37; Lots 3 and 4, Block 22; Lots 1, 2, 3, 4, 5 and 6, Block 23; Lots 2, 1, 3, 4 and 6, Block 24; Lots 4 and 5, Block 25; Lots 1, 2, 3, 4'and 5, Block 26; and Lot 2, Block 27. A motion was made by McGuckin, second by Haas, that the said resolution be adopted as read and upon roll call and Haas, McGuckin, Tingley and Kamm voting in favor thereof, and Hanlon, Morris and Wilkus voting *"no", President Kamm declared the said resolution duly passed and adopted. Is -- 08 Record of Official Proceedings of the Common Council of the City. of Rochester, Minn., November 20, 1958 Resolution appropriating $4,375.00 from the General Fund and ordering payment made to Alfred R. Pehl and Elner A. Pehl. R. V. Ehrick,-City Attorney, explained that this was payment in the amount proposed in the report of the Commissioners for condemnation of this land, the. final parcel, that Mr. Pehl.had indicated that he would accept and if so the condemnation would be terminated. A motion was then made by Tingley, second by Haas, that the resolution be adopted. Resolution appropriating $18,107.20 from the Permanent Improvement Fund and ordering payment made to Josephine Amelia Bottke, Individually and as Administratrix of the Estate of Gust Bottke and Desmond B. Hunt, her attorney. R. V. Ehrick, City Attorney, reported .that in the original award for condemnation by the Commissioners was $16,750.00 and -they had been offered an additional $750.00 making a total of-$17,500.00 and that Mr. Hunt their attorney said they would now accept the $17,500.00 plus the interest. Mr. Ehrick.recommended that the City settle for this. A motion was then made by Morris, second by McGuckin, that the resolution be adopted. All voted in favor thereof. Resolution appropriating $12,873.00 from the Permanent Improvement Fund and ordering payment made to Benike Construction Company. Upon motion by Tingley, second by Wilkus, resolution adopted. Resolution instituting condemnation proceedings for the south ninety-six (96) feet of Lot Eight (8), Block Two (2), Conley's Addition to the City of Rochester, said land to be used for redesigning, relocating and widening of 5th Street Northwest from 8th.Avenue Northwest to llth Avenue Northwest and appointing three commissioners. .Upon motion by Tingley, second by Hanlon, resolution adopted. The following claims were each read and upon motion by Morris., second by McGuckin, 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: Rochester Linoleum Co., $10.00; National Guard Armory, $10.00; Moore -Jones Color Center, $10.00; Louella McGhie,.$24.75; H. G. Ramme, $7.50; Mrs. Walter Stiller, $24.75; Marion B. DeMille, $24.75; Sylvia L. Eckman, $24.75; William A. Chumbley, $23.25; Mrs. Helena Hall, $23.25; Mrs. Catherine Buske, $23.25.; Mable C. Becker, $23.25; Mrs. Catherine Coleman, $23.25; Jene Yaeger, $25.50; Albert F. Pries, $27..00; Margaret B. Robertson, $25.50; Emma B. Barden, $25.50;.Eloise DeVogel, $25.50; A. H. Witzke, $26.50; Augusta McGovern., $25.50; Mary F: Klee, $25.50;. Nell M. Cooke, $25.50; Musetta Kleckner, $27.00; Hubert J.. Harvey, $27.00; Cora Hughes, $27.00; Vera M. Engel, $27.00; E. C.. Hargesheimer, $27.00; Laura E. Parkin, $27.00; Esther Mulvihill, $24.75; F. A. McGovern, $24..75; Hester Smith, $24.75; C. Ross Taylor, $24.75; Mrs. Helen A. Smith, $22.50; Ruth L. Kottke, $22.50; Florence Campbell, $22.50; Walter C. Crandall, $22.50; Marjorie M. Strauss, $24.00; Helen Nachreiner, $23.50.; Bertha Schroeder, $22.50; Lauretta Mcickelson, $22.50; Dorothy Schmidt,. $22.50; Thelma Coon, $24-.75; ALice H. Burgan, $24.75; John Nigon, $24.00; Mildred Gray, $24.00; Grace Smith, $24.7.5; Donald Milne, $24.75; Emma Lundquist, $24.75; Alma Sessing, $24.75; Helen Duncanson, $24.75; Marie Bolton $17.25; Mrs. Fred.Rolstad, $24.75; Nesabith Forsyth, $24.75; Jennie C. Wegman, $24.75; Robert Trust, $26.25; Iva Rolstad, 1 • 1 1 • 1 0