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HomeMy WebLinkAbout08-03-1959• Record of Official Proceedings of the Common Council of the City of Rochester, Minn., - August 3, 1959. 27 • 0 Tingley that the reconunendation be accepted and the City Attorney was instructed to prepare an -ordinance making the requested zone change. McGuckin seconded the motion and all voted in "I favor thereof. Bids for construction of the first s8ction of a relief sanitary sewer in 3rd Avenue S. E. from llth to 12th Street S. E. The bid of Carlisle G. Fraser in the amount of $10,822.60 was received -and opened. Upon motion by.Haas, second by Hanlon, the same -was referred to the Public Works Committee and the City Engineer for tabulation and recommendation. Bids for grading and surfacing of loth Street•S. E. from the west line of Southgate Addition to loth Avenue S. E. The bids of Leon Joyce in the amount of $5,220.75 and Quarve & Anderson in the amount of $5,276.50 were each received and opened. Upon motion by Tingley, second by Haas, the same were referred to the Public Works Committee and City Engineer for tabulation and recommendation. Bids for paving and grading of 13th Street Northwest from North Broadway to Cascade Creek. The -bids of Palda & Sons, Inc. in the amount of $112,617:50 and Doyle Conner Company in -the amount of $92,874.06 were each received and opened. Upon motion by Haas, second by McGuckin, the same were referred to the Public Works Committee and the City Engineer for tabulation and recommendation. Bids for construction of a sanitary sewer in 14th Street Northwest from the East line' of Block 1, Valleyhigh Addition to.a point'80'-:East... The bids of Littrup Nielson in the amount of $843.00 and Viker and Sorenson in the amount of $811.00 were each received and opened and upon motion by Haas, second by McGuckin, the same were referred to the Public Works Committee and the City Engineer for tabulation and recommendation. Bids for furnishing one four door sedan for use as a patrol car for the Police Department. The bid of Universal Motors, Inc. in the amount of $2,324.00 was received and opened and upon motion by Haas, second by Hanlon, the same was referred to the City Security Committee and Chief of Police for recommendation. A letter from the Board of Public -Health & Welfare requesting permission to employ Mrs. Doris Ekstrum as secretary to the Public Health Nurse and Health Educator, effective September 1, 1959 at the beginning salary of $255.00 per month was read. Upon motion by Haas, second by Hanlon, their request was approved and the appointment was confirmed. All voted in favor thereof. A letter from the Board of Public Health & Welfare requesting approval of the permanent appointment of Mr. Robert D. Rossi as its milk sanitarian with the understanding that the residence requirement will be waived until June 1, 1961 was readk Alderman Tingley stated that he did not think the worth permanent should be in the appointment. A motion was then made by Hanlon that the request be approved and the appointment be confirmed but that the workd permanent be deleted. Wilkus seconded the motion and all voted in favor thereof. A letter from Dr. Philip W. Brown of 6th Street S. W. commending the Police Bepartment for the study carried out on the cars racing and speeding up the hill on 6th Street S. W. was read. Upon motion by Hanlon, second by McGuckin, the same was referred to the City 228 Record -of Official Proceedings of the -Common Council of the City of Rochester,. Minn.; August 3. 1959 Security Committee with the request that they consider parking on one side of 6th Street S. W. only. All voted in favor of the motion. A letter from Lawrence Bielenberg requesting permission to install sanitary sewer, water main, grading and surfacing, sewer and water service connections in Bielenberg and Giese's Replat of Fourth Addition at their own expense was read. Upon motion byTingley, second by Haas, the request was referred to the Public Works Committee and City Engineer. All voted in favor. A letter from Roy Watson, Jr. requesting that the Kahler Hotel be considered for an off -sale liquor license was read and President Kamm ordered that the same be placed on file. A letter from Olmsted Community Hospital requesting permission to install an illuminated marker on 4th Street Southeast boulevard, adjacent to the hospital grounds, was read. A motion was made by Wilkus that the request be granted and they be authorized to install such a marker under the supervision•. of tti'e'-Building Inspector. Tingley seconded the motion and all voted in favor thereof. A letter signed by Bernie Lusk of 900 - 14th Street Northwest regarding the install- ation of a new sidewalk in front of his property was read. Upon motion by Tingley, second by Wilkus, the same was referred to the Public Works Committee. All voted in favor thereof. A letter from the Quinn Hotel requesting a new sign for.the loading zone in fronf of their property at 214,- 3rd Street S. W. was.read. Upon motion by Haas, second by.Wilkus, the letter was referred to the Security Committee and the Chief of Police. All voted in favor thereof. A letter signed by Mrs. Dan Christenson of 1232 - 4th Street N. E. regarding dogs running at large and urging that some more stringent rules be made was read. President Kamm ordered the same placed on file. A petition signed by Special School District No. 4 and St. John's School requesting vacation of that part of 5th Avenue Southwest lying between the south line of Center Street West and the North line of 1st Street Southwest was read. Upon motion by Wilkus, second by Haas, the same was referred to the Public Works Committee. All voted in favor thereof. A letter from Schacht and Schacht again offering for sale the property of Steve Gromek located on 5th Street Northwest was read. Upon motion by Wilkus, second by Hanlon, the same was referred to the Public Works Committee. All voted in favor thereof. The petition of Northgate Shopp6ng Center requesting that the following -described property be changed from a residential to a commercial zone was read and upon motion by Haas, second by Hanlon, the same was referred to the Zoning Board: That part of the Southeast 1/4 of Northeast 1/4 of Section 34, Township 107, Range 14, described as: beginning at a point in center line of County Road I, also known as Seventh Street Northwest, which point is 467 feet westerly of the Easterly line of said Section 34 (said measurement being made along the center line of County Road I) thence Southwesterly and at right angles to the center line of said County Road I, 268.1 feet to the North line of the Right of Way of the Chicago and Northwestern Railway Company, thence Westerly along said Railroad Right of Way line 250 feet, thence in a Northerly direction and at right angles to the center line of said.CounV Road I, to the center of said County Road I, thence.in an -,easterly direction along the center of said -County Road I to place of beginning. Subject to County Road, I, and subject also to. r the.pipeline easement -of Minnesota Northen:Natural Gas Company across•said premises. 1 1 1 • 1 +dbJ Gila jC Vd0f3A �f�1G►O OCcat7aeBm W+a yN AIO JiI N.Kv Lv ✓N�i.das® d�wdi�iw +�.. .ivl wwi'�ev�v •vwie�a ripe ew •fir fT ' .. • Record of Official Proceedings of the Common Council of the City of Rochester, Minn., 'Auhust 3. 1959 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 3rd, 1959. President Kamm called the meeting to order at 2:00 o'clock P. M., the following members being present: President Kamm, Aldermen Haas, Hanlon, McGuckin, Tingley, Wilkus. Alderman Morris arrived at 3:30 P. M. Upon motion by Wilkus, second by McGuckin, the minutes of the meeting of July 20th, 1959 were approved. President Kamm stated this as being the time and place set for hearings and bids on the following projects: Hearing on construction of a sanitary sewer on 14th Street N. W. from the East line of Block 1, Valleyhigh Addition .to a point 80' East.- There was •no one present wishing to be heard. President Kamm declared the hearing officially closed. Hearing on construction of sidewalks at 18 separate locations - Sidewalk Project #2-1959. There was no one present wishing�to be heard. President Kamm declared the hearing officially closed. Hearing on the construction of sidewalks on the North side of 14th Street N. W. from llth Avenue N. W. to 16th Avenue N. W. and on the northerly side of llth Avenue-N.-W. from 16th Ave. N. W. to the east line of Lot 19, Block 1, Thomas First Addition. A letter signed by Lawrence Bielenberg protesting the construction of this sidewalk, because at the,.present time there is a sidewalk on the south side of 14th St. N. W. and most of the lots in this area as -of yet are undeveloped. There was no one present wishing to be heard/ President Kamm declared the `'hearing officialy closed and the letter placed on file. Hearing on,the proposed assessment for construction of sanitary sewer, storm sewer, service connections, water main, grading and surfacing in Sunset Terrace 2nd Addition. There was no one present wishing to be heard. President Kamm declared the hearing officially closed. Hearing on proposed assessment for construction -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 the City water system and 18th Avenue Northwest. There was no one present wishing to be heard. President Kamm declared the hearing officially closed. proposed assessment for Hearing on/construction of water main, service connections, grading and surfacing on 10� and llth Avenue S. E.; llth and 11k Street S. E. in Gonderman and Thiel's Addition and Schartau's Replat. There was no one present wishing to be heard. President Kamm declared the hearing,officially closed. Hearing on proposed change of zoning of Lot 2, Block 4, A. W. Kutzky's Addition (1308- 1st Street S. W.) from residential to multiple dwelling zone. The recommendation of the Board of Zoning that this petition be granted was read together with the Planning & Zoning recommendation that this be"granted. There was no one present wishing to be heard. A motion was then made by 1 11 1 1 11 E Record of Official. Proceedings of. the Common .Council of the City of Rochester, Minn., . August 3, - 1959 . 231 1 • 1 1 Cl A petition signed by Quinten H. Clark and Beverly Sue Clark requesting that the South 33 feet of Lots 5 and 6, in Block 84 of Moe & Olds Addition be changed from a residential to a commercial zone was read and upon motion by Haas, second by Hanlon, the same was referred to the Zoning Board. All voted in favor thereof. The two following resolutions adopted by the Public Utility Board were each read and upon motion by Tingley, second by Haas, the same were approved: "Be it and it is hereby resolved by the Public Utility Board of'the City of Rochester, Minnesota that the Common Council of the said City be and is hereby requested to authorize the said Board to enter into a contract with TRUCK SERVICE COMPANY for the furnishing, in accordance with specifications on file, of • - ONE (1).1959. 3/4 TON PICKUP TRUCK; the lump sum price of same to be $2,598.00 with trade-in allowance in the amount of $870.24 for a 1949 Ford 3/4 Ton'Truck, the -net amount of the said contract to be SEVENTEEN HUNDRED TWENTY SEVEN DOLLARS AND SEVENTY SIX CENTS ($1727.76) and the said Truck Service Company being the lowest responsible bidder." "Be it and it is hereby resolved by the Public Utility Board of the City of,Rochester, Minnesota that the Common Council of the said City be and is hereby requested to authorize the said Board to enter into a contract with ADAMSON MOTORS, INC. for the furnishing of TWO (2) 1959 Plymouth Belvedere 4 Door Sedans; the price of each.to be $2777.32 with allowance of $1202.32 for trade-in of one 1954 Chevrolet 2 Door Sedan and allowance of $757.32 for trade-in of one 1951 Chevrolet 4 Door Sedan making a net contract price in the amount of THREE THOUSAND FIVE HUNDRED NINETY FIVE DOLLARS ($3595.00) and the said Adamson Motors, Inc. being the lowest responsible.bidder." A resolution adopted by the Public Utility Board requesting that the Council author- ize the said Board to pay the salaries as listed for the positions mentioned as of April 1, 1959 was -read. Mr.. John Bakke, Personnel Director, stated that he -had met with the Utility Board on these salaries and that they constituted a five percent increase. A motion was then made by Hanlon that this resolution be accepted and the City Clerk was instructed to prepare a resolution approving the said salaries. Wilkus seconded the motion and all voted in favor thereof. _ I The following resolution adopted by the Board of Park Commissioners was read:' "We hereby recommend to the Common Council that the Board of Park Commissioners be Authorized and directed to pay the following sums as compensation for the following Stage Employees and Moving Picture Machine Operators for the balance of the year 1959 and until January 1, 1961: Per Performance Hourly Work Only (1) Carpenter $ 13.50 $ 2.25 (1) Propertyman 13.50 2.25 (1) Electrician 13.50 2.25 Sidemen: Grips ----- 2.25 Propertyman ----- 2.25 Electrician ----_ -2.25 Extra Work ----- 2.25 The "Performance Rate" shall inclaude a "move in", "move out", and one performance. A matinee or rehearsal the day of a performance will pay 1/2 of the "performance rate" in addition to the "performance rate" paid for the performance. Normally, the carpenter, electrician and propertyman will be paid flat rates only when working performances and the hourly rates will be used only for "day work" when there are no performances. Per Hour Moving Picture Machine Operator $3.75 - 3 hour's minimum Public Address Operator 2.751- 3 hours minimum Lamp Operator 2.75.'- 3 hours minimum" Mr. John Bakke, Personnel ,Director,.>reported:•that{ these figurev, had came as a result of about six or eight meetings with Union officials andAfelt.that this was equitable. s d.. A motion was then made by Wilkus that this resolution be accepted and the City Clerk was instructed;to prepare.a resol- 2 Record of Official Proceedings of .the -Common Council of the City of Rochester,. Minn., August %3, 1959 . tion approving these salaries. McGm kin seconded the motion and all voted in favor thereof. A letter from the State of Minnesota, Water Pollution Control Commission, approving plans for County Club Manor, Sixth Addition, was read and President Kamm ordered the same placed on file. The four following preliminary estimated submitted by the City Engineer were each read and President Kamm ordered the same placed on file: (a) grading and paving 13th Street N. W. from Broadway to Cascade Creek in the amount of $$93,800.45; (b) grading and surfacing loth St. S. E. from the west line Southgate Addition to 16th Avenue S. E. in the amount of $5,330.15; (c) sanitary sewer on 14th St. N. W. from east line of Block 1, Valleyhigh Addition to a point 80' east in the amount of $884.00; (d) first section of relief sanitary sewer in 3rd Avenue S. E. from llth to • 12th Street S. E. in the amount of $7,987.00. A letter signed by C. A. Armstrong, .City Engineer, transmitting a request from the Minnesota Highway Department for Council approval of several minor revisions of the grading and paving plan of T. H. 52 from 4 miles north to 2nd St. N. W. was read. The plan changes are as follows: change on the interchange on the east side of the I.B.M. and Markay Interchange; change on the treatment'of the off -ramp on the right, Station 2274 and change in the distance separating the two.roadways at the southern extremity of the project. Mr. Armstrong explained that the plans approved for T. H. 52 from five corners south to 2nd Street N. W. were now having three minor changes which would require the approval of the City, these changes were (1) the south end of the paving in front of Donaldson's, they want to bring the two lanes closer together than previously planned so they ban pat a service drive on the east side along Miracle Mile (2) change in the ramp area at the Markay and (3) change in the ramp area at the overhead I. B.. M. plant. A motion was made by Haas, second by Hanlon that the request be granted and the City Attorney prepare a resolution approving the requested changes. Upon roll call and Haas, Hanlon, Mc$uckin and Kamm voting "aye" and Tingley and Wilkus voting "no", President Kamm declared the motion carried. A letter signed by R. D. Pruitt and H. E. Payne requesting that their land located in a part of the North half of the Southwest quarter of Section 25, Township 107 North, Range 14 West be annexed to the City was read and upon motion by Hanlon, second by Haas, the same was referred • to the City Planning & Zoning Commission. A letter signed by R. D. Pruitt and H. E. Payne requesting approval of the plat of Northwood Second Addition was read.and upon motion by Tingley, second by McGuckin, the same was referred to the City Planning & Zoning Commission.. A letter from John Bakke, Personnel Director, submitting an amendment to the City Employment policy relative to vacations and sick leave was read. A motion was made by Hanlon, second by'Wilkus that this be accepted and that.the Public Utility Board and Library Board be sent a notice requesting them to work toward this policy in their future negotiations. All voted in favor thereof. Alderman Wilkus then;moved that a letter be directed to the County Commissioners urging them to ban or do away with personal property tax in classification #2-household goods. Hanlon seconded the motion and all voted in favor thereof. • Record of Official Proceedings of the Common Council of the City of Rochester, Minn., August 3 1959 3 1 • 1 1 Mrs. Ruth Erdman of 1503 - 14th Street N. W. was present opposing the construction of sidewalk on the south side of 14th Street N. W. She stated that for the value they would receive they did not feel that they could afford to pay for the sidewalk at this time. Mrs. Grodoq Tiede of 1405 - 14th St. N. W. and Mrs. John Sembarro of 1403 - 14th St. N. W. were also present and opposed this construction of sidewalk. This hearing had been held and closed earlier in the meeting but a motion was now made'by Tingley that this matter be referred back to the Public Works Committee for further study and recommendation. Hanlon seconded the motion and all voted in favor thereof. Mr. John Chisholm of 1207 - 6th Street S. W. was present representing residents on 6th Street S. W. He stated that they had reviewed the proposed plans of the Highway Department and while it appears definite that the 6th Street S. W. is resolved, they felt if the plans were approved it would make 6th Street the street that would receive all the traffic from the Bainber Valley area and they felt some consideration should be given to llth Street S.,W. or Memorial Parkway, as well as 6th Street. Hanlon stated that they felt that the City had never made a decision of they were going to use llth Street and many feel it should be Memorial Parkway and someone is going to have to decide which it will be. Hanlon then moved that,this problem of certain Southwest outlets from the belt line be studied prior to August 17th by the Mayor's Parking and Traffic Committee and theyreport back to the Council. Wilkus seconded the motion and all voted in favor thereof. The following letter from the Rochester Airport Commission was then read: "Members of the Common Council City of Rochester Rochester, Minnesota Gentlemen: On July 6, 1959, the Common Council approved a partial change in the water dis- tribution -system at the.new Municipal Airport. It will be recalled that at that time it was explained that this change involving the installation of 6" rather than 4" mains and the addition of two hydrants was to cost $5,405.00. It was pointed out also that, the Airport Commission for several months had been studying a revision of the water distribution system to provide a system -with greater flexibility than that contained in the original plan. On July 6, 1959 the.Airport Commission had been informed that the State and Federal Agencies would approve the change, but there was no certainty of State or Federal Aid. The Commission at that time felt that the change to larger mains was most important and wished to assure that this part be accomplished in any event and by notifying the contractor in time so that no penalty would occur. The complete change in the water distribution system involves a ground mounted rather than underground tank and the installation of different pressure pumping. The total cost of modification including the mains and extra hydrants already approved will be $25,000.00. Since July 6th, further conferences have been held with State and Federal authorities concerning participation. The Commission has been informed that Federal partici- pation will probably be made available for k the cost of $12,500. The State will provide no further funds than already allocated for Terminal Buildings and outside" utilities totaling $232,000. In this amount is an allowance for fees and contin- gencies totaling approximately $20,000. Is is expected that Ifter deduction of fees and cost of supervision there will be an amount of State funds which can be allocated to the water distribution system. Based on Federal participation at $12,500 the cost to the City of Rochester will be $12,500 less such amount up to $8,300 as.may remain in the contingency fund. It is possible that the cost to the City for complete modification could be as low as $4,200 depedndent upon how much remains in the contingency fund. It is recommended that the Common Council approve this change order subject to formal notification that Federal Aid is available. /s Fred W. Schuster, Chairman • 23 Record of Official Proceedings of the• Common. Council of the City of Rochester, Minn., August -3,�, 1959 Mr. Schuster was present and explained that -the y felt this was a very necessary change order that a 6." main was very necessary and also that a ground mounted tank would be much more satisfactory. After further discussion a motion was made by McGuckin that this letter be accepted and the City Attorney be instructed to prepare a resolution authorizing the Mayor to execute the change order. Haas seconded the motion. Upon roll call all voted in favor thereof (Hanlon abstained from voting). The recommendation•of the City Security Committee that the first two (2) parking m meters on the East side of 2nd Avenue S. W. north of 2nd Street be removed and a bus stop be established at this location was read. Upon motion by Wilkus, second by Haas, the recommendation • was accepted k and the City Attorney was instructed to prepare a resolution making the change. All voted in favor thereof. The recommendation of the City Security Committee that the Chief of Police, James J. Macken, Jr.•be authorized to attend the meeting of the International Association•of Chiefs of . Police at New York City on -September 27, 1959 through October 3, 1959 at city expense was read. Upon motion by Wilkus, second by McGuckin, the recommendation was approved. -All voted in favor thereof. The recommendation of the City Security Committee that Detective Donald S. Crowe be authorized to attend the meeting of the FBI National Academy Graduates in Winnipeg, Canada on August 14 and 15, 1959 at city expense was read. Upon motion by Wilkus, second by Hanlon, the recommendation was approved. All voted in favor thereof. The recommendation of the City Security Committee reporting that the matter of plants on the sidewalks, violating the ordinances governing obstruction of sidewalks was discussed; no decision on this was reached and the committee recommended that the Council, as a whole, consider this matter, was read. Upon inquiry, R. V. Ehrick,. City Attorney, reported that this wad in violation,of the City Ordinance and would be constbued as an obstruction; and that the City would be found liable if someone should fall over one of these obstructions'and the City was proven negligent; he recommended that possibly the Council could adopt an ordinance charging a fee and use these funds to pay for liability insurance and the cost of inspection. President Kamm took • a poll and the Mayor and Aldermen were not opposed to this if it could be controlled in saome way. A motion was then made by Hanlon that this be studied by the City Attorney and Security Committee and they get together with the Downtown Retail Merchants and work out such an ordinance. Wilkus seconded the motion and all voted in favor thereof. A motion was then made by Wilkus, second by McGuckin, that the Council recess for 15 minutes. President Kamm called the meeting to order again at 3:30 P. M. Alderman Morris arrived at 3:30 P.'M. The recommendation of the City'Security Committee that the letter from Art Glasenapp relative to parking on 1st Avenue N. W.'and the business district in general, be referred to the Mayor's Parking and traffic Committee and that the Mayor's Parking and Traffic Committee'be requested to re-evaluate a present time limit on parking in the restricted area was read and upon • Record of Official Proceedings of the: Common .Council of the City of Rochester, Minn:,- . August 3 1959' 35- 1 • 1 1 • 1 0 motion by Haas, second by Hanlon, the recommendation was approved. All voted in favor thereof. An Ordinance amending an ordinance entitled, "An Ordinance for the purpose of promoting health, safety, order, convenience and general welfare by regulating the use of land, the location, size, use and height of buildings and the arrangement of buildings on lots, and the density of population within the City of Rochester, Minnesota, all in accordance with;a comprehen- sive plan (changing property owned by Troban, Inc. at the intersection of 14th St. N. W. and T. H. No. 52 from residential to commercial zone) was given its first reading. Upon motion by Wilkus, second by Hanlon, and upon roll call and all voting in favor thereof, the rules were suspended and the ordinance was given it s second reading. Upon motion by Wilkus, second by Hanlon, and upon roll call and all voting in favor thereof, the rules were suspended and the ordinance was given its third and final reading. A motion was then made by Morris, second by McGuckin, that the ordinance be adopted as read and -all voting in favor thereof, President Kamm declared the said.ordinance duly passed andl 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 arrangement of buildings on lots, and the density of population within the City of Rochester, Minnesota, all in accordance with a comprehen- sive plan (changing lots in Northgate Third Addition to multiple dwelling and commercial zone) was given its second reading. Upon motion by Wilkus, second by Tingley, and upon.roll call and all voting in favor thereof, the rules were suspended and the ordinance was given its third and final reading. A motion was then made by Tingley, second by Wilkus, that the said ordinance be as read and all voting in favor thereof, President Kamm declared the said ordinance duly passed -and adopted. The recommendation of the City Security Committee that the letter dated July 3, 1959 from M. L. Rennerfeldt Company, requesting certain changes in the 1100 block, 2nd St. S. W. had been considered and that one parking space has been removed at this location to'provide'greater visibility for pedestrians and recommending that no other action be taken at this time was read and upon motion by Wilkus, second by Tingley, the recommendation was approved. All voted in favor thereof. Upon motion by-Haas,.second by Wilkus, the recommendation of the City Security Committee that dogs be prohibited from -running at large at all times was tabled 'until the'evening meeting at 7:30 P. M. All voted in favor thereof. The report of the City Engineer stating that a certain'petition requesting constr- uction of curb and gutter on the north side of llth Ave.. N. W. abutting Lots 16, 17, 18 and 19 in Block 1, Thomas Addition had been examined, checked and found•to be in proper form and that the petition is inadequate because the signers did not represent 35% or more of the frontage attached but the CEngineers report that.the improvement is feasible and recommends it s construction but that the title of the project should be revised to read "construction of curb and gutter on the 236 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., August 3; 1959 OBWALD PUBLISHING CO —NEW IJL71 MINN. 9:e1 north side of llth Ave. N. W. abutting Lot 19 in Block 1, Thomas Addition"; the estimated cost is $334.00, was read together with the recommendation of the Public Works Committee stating that they had considered the above project and recommends its construction with the cost to be assessed against Lots 19, Block 1, Thomas Addition. Upon motion by Haas, second by Hanlon, the recommendation was accepted. The report of the City Engineer that.a certain petition requesting grading and sur- facing of 19th Avenue Northwest from 7th Street Northwest to a point 310 feet south of Center line of 14th Street Northwest referred to his office had been examined, checked and found to be in proper form and to be signed by all of the owners of record representing 100% in frontage of the property within the City limits; that the engineers report that the improvement is feasible and recommenda it s construction, however, the property on the east side of 19th Ave. N. W. is not in the city limits and cannot be assessed for this improvement, we recommend that the project title 'be revised to read, "grading and surfacing the W'k of 19th Ave. N. W. from 7th St. N. W. to a point 310 feet south of centerline of 14th St. N. W.", the estimated cost $5,190 (west k of 19th.Ave.) was read together with the recommendation of the Public Works Committee stating k that they had considered the above project and krecommend grading and surfacing the west half of the right-of- way with the cost to be assessed against Block 6,.Valleyhigh Replat. Upon lmotion by Hanlon, second by McGuckin, the k recommendation was accepted. All voted in favor thereof. The report of the City Engineer that a resolution proposing 1st Ave. S. W. from No. line vacated 7th St. S. W. to 8th St. S. W. be graded and surfaced and -that the storm sewer and water main be installed prior to surfacing was referred to his office on December 8, 1958 for the Engineers Preliminary report; that the improvement is feasible and recommends its/construction, the estimated cost is grading and surfacing $10,017.88; storm sewer $22,649.50 and water main $2,979.80 was read together with the recommendation of k the Public Works Committee stating that they had considered the above project and recommend its construction with all the cost of the grading and ksurfacing, and water main and a portion of the cost of the storm sewer to be'assessed against Block 104, Lots 8-14, vac. 7th St. and 8th St. S. W. Adj., Block 106, Lots 1-7 and vacated 7th St. S. W. Adj. less the 30' alley all in Willson's Addition. Upon motion by Hanlon, second by McGuckin, the recommendation was accepted. All voted in favor thereof. The recommendation of the Public Works Committee that the firm of C. E. Bathers and Associates be engaged as consulting engineers for a study and recommendation on the location and design of the proposed primary street in Rochester from llth Ave. N. W. at 5th St. N. W. to 2nd Ave. N. E. at 2 St. N. E. on a force account basis, that they had interviewed 3 engineering firms and recommend this one and recommending approval by the Council of the attached proposal setting forth terms and fees, was read. Upon motion by Wilkus, second by Tingley, the recommendation was accepted and the City Attorney was instructed to prepare a resolution approving the ksaid proposal. All voted in favor thereof. The recommendation of the Public Works Committee stating that in anticipation of new plats and subdivisions being submitted and petitions for local improvements to be financed by 1 1 • 1 11 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., August 3, 1959 . 237 1 • �I 1 • public funds, and submitting the following for approval and for gnereral public information the current policy of the Public Works Committee on several matters affecting these projects, was read and upon motion by Hanlon, second by McGuckin, the same was tabled for two weeks for further study: 1. The City will consider financing a part of the construction costs on an assessment basis under Statutes Chapter 429, but the proportion of the costs to be financed by the City will be determined for each project on the basis of the public interest. The current participation by the City on new developments is 50%. It is not likely that this percentage will be increased. 2. All Engineering services (plans and supervision) on construction projects, including those financed totally by the developers, will be engaged and paid for directly by the City Council and treated as part of the assessed costs. The former practice of the developers engaging or providing engineering services will be discontinued. The recommendation of the Public Works Committee recommending readvertising for bids to be received on September 8th in South Home 2nd Subdivision for sanitary sewer, storm sewer, water mains, sewer and water service connections and street grading, base and bituminous surfacing was read. Mr. Fred Schuster was present and requested that this be delayed until the next meeting so their engineers could check the plans further. A motion was then made by Haas, second by McGuckin that this recommendation be tabled for two weeks. All voted in favor thereof. The recommendation of the Public Works Committee stating that they had reviewed the proposed offstreet parking and loading regulations and they concur in the City Planning and Zoning) Commission's recommendation dated July 29, 1959 was read. A copy of the proposed regulations was also presented. Upon motion by Haas, second by Hanlon, the recommendation of the Public Works Committee was accepted and the City Attorney was instructed to prepare an ordinance covering same. All voted in favor of the motion. A letter from the Planning and Zoning Commission recommending that the petition for a change of zoning on lots 9, 10, 11, 12, 13 and 14, Block 1, Kreter's Replat from a residential to a multiple zone be granted to permit the construction of not more than one, four family dwelling unit on each lot with offstreet parking, was read. The Zoning Board had previously recommended that this zone change be made. A motion was then made by Tingley that the ordinance amending an ordiance-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 buildin€ and the arrangement of buildings on lots and the density of population within the City of Rocheste Minnesota, all in accordance with a comprehensive plan (changing Lots 9,10,11,12,13,14 in Block 1, Kreter's Replat to multiple dwelling zone)" be adopted as read. Morris seconded the motion and upon roll call and all voting in favor thereof, President Kamm declared the said ordinance duly passed and adopted. The following letter from the City Planning and Zoning Commission was read and the same was referred to the Board of Park Commissioners upon motion by Tingley, second by Wilkus: "Honorable Mayor and Common Council City of Rochester, Minnesota Re: Offer of Mr. Conway and Mr. Dashow to Dedicate Lands Along Bear Creek (South) for Park Purposes Gentlemen: The City Planning and Zoning Commission at a special meeting held July 29, 1959 0 238 Record of Official Proceedings of the .Common Council of the City of Rochester, Minn., August 3; 1959, reviewed the offer of Mr. Conway and Mr. Dashow to dedicate lands along Bear Creek (South) for park purposes. It has been the tILhking of the City Planning and Zoning Commission for same years now, that the low lying land along all of our rivers and creeks sh&uldbe under municipal control. A program of this type would eventually provide a parkway system along the rivers and creeks which could be enjoyed by everyone and would also prevent development of housing in these areas that are subject'to periodic' inundation from high water. We therefore recommend that this offer should be given general approval and that the details of defining the boundary should be left up to the Park Board and the to decide. The City Planning Director will be glad to help the Park _owners Board in arriving at this boundary if this proposal is agreed to. Respectfully submitted, .CITY.PLANNING AND ZONING C014MISSION /s John F. Brengman, Chairman" • A letter from the City Planning and Zoning Commission relative to the proposed improvement of U. S. 52 from Junction with New U. S. 14 to South was presented together with a report from Ladislas Segoe and Associates. Upon motion by Haas, second by Hanlon, the same were ordered placed on file. All voted in favor thereof. The recommendation of the Board of Zoning that the petition of Mayme A. Schultheis and The Rochester Post Bulletin to use the property as non -conforming at 15 Seventh Avenue Northwest, be denied was read. (The Post Bulletin had requested to use this building as a distributing point to which daily papers may be delivered and picked up by its carrier boys to be delivered to its subscribers).. Upon motion by McGuckin, second by Hanlon, the recommendation of the Board of Zoning was approved and the petition denied. All voted in favor thereof. The recommendation of the Public Works Committee that the bid of Leon Joyce for the grading and surfacing of loth St. S. E. from the west line of Southgate Addition to 16th Avenue S. E. be accepted at the unit prices bid and checks be returned to the unsuccessful bidders was read and upon motion by Tingley, second by Morris, the recommendation was approved. All voted in favor thereof. . The recommendation of the Public Works Committee that the bid of Carlisle G. Fraser Inc. for the construction of the first section of a relief sanitary sewer in 3rd Avenue S. E. from llth to 12th Street S. E. be accepted at the unit prices bid and checks be -returned to the unsuccessful bidders was read and upon motion by Haas, second by Morris, the recommendation was approved. All voted in favor thereof. • The recommendation of the Public Works Committee that the bid of Viker & Sorenson for the construction of a sanitary sewer on 14th Street Northwest from the East line of Block 1, Valleyhigh Addition to a point 80' East be accepted at the unit prices bid and checks be returned .to the unsuccessful bidders was read and upon motion by Morris, second by Tingley, the recommend- ation was approved. All voted in favor thereof. The recommendation of the Public Works Committee that the bid of Doyle Conner Company for the grading and paving of 13th Street Northwest from North Broadway to Cascade Creek be accepted at the unit prices bid and checks be returned to the unsuccessful bidders was read and upon motion by McGuckin, second by Morris, the krecommendation was approved. All voted in favor thereof. The recommendation of the Public Works Committee that the bid of Carlisle G. Fraser Inc. • Record of Official Proceedings of the Common Council of the City ,of Rochester, Minn., August - 3, 1959 ;2 3 9 1 C� 1 1 DSWALD GUBLI9 HIND CD.1 NEW ULM, MINN. 9181 for construction of a storm sewer on North Broadway (T. H. #63) from Zumbro River to 17th St. Northeast be accepted at the unit prices bid and checks be returned to the unsuccessful bidders was read and upon motion by Tingley, second -by Haas, the-krecommendation was approved. All voted in favor thereof.. . The recommendation of the City Security.that the bids received for furnishing one police patrol car be rejected and bids -be readvertised for August 17, 1959 was read and upon motion by Haas, second by Hanlon, the recommendation was approved. All voted in favor thereof. The applications of Usio J. Kapernus, James E. Sweeney, Carolyn Scott., Richard Schroeder and Albert H. Meyer for license to sell cigarette at retail were each read and upon motion by Wilkus, second by.McGuckin, the.licenses were granted. The applications of John Westra, Tasio J. Kapenis, James E. Sweeney and Carolyn Schott for license to sell soft drinks were each read and upon motion by Wilkus, second by Rianlon, the licenses were - granted. The application of Robert J. Hines for a Journeyman Plumber's license was read and upon motion by Morris, second by Wilkus, the license was granted. The application of Philip J. Maass for a Journeyman Hot -Water and Steam Fitter's license was read.and upon motion by Morris, second by Wilkus, the license was granted. The contract bond of -Edward Mahoney in the amount of•$3,504.00 with the New Amsterdam Casualty Company as surety was read and the same was referred to the Mayor for his approval. The report of the.City Weighmaster for the month of July, 1959 showing fees collected for loads weighed in the amount of.$106.40 was read and President Kamm ordered the same placed on file. The reports of the Clerk.of Municipal Court for the week ended July 17,.1959 showing total criminal fines and costs collected and civil fees received $1,617.05 and total remitted to City Treasurer $929.65; for the week ended July 24, 1959 showing total criminal fines and costs collected and civil fees received $2,022.80 and total remitted -to City Treasurer $1,319.20; and for the week ended July 31,.195,9 showing total criminal fines and costs collected and civil fees received $1,593.75 and total remitted to City Treasurer $1,032.75 were each read and having been approved by the City Attorney, President Kamm ordered that the same be placed 'on 'file. The following claims were each read and upon motion by Morris, second by Wilkus, 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: I From the General Fund: Albert J. Tingley, $12.001; Stanley M. Morris, $15.00: William P. McGuckin, $15.00; Alex P. Smekta, $9.00; Elfreda Reiter, $15.00; Alex P. Smekta, $176.25; Ralph Ellingwood, $80.00; Robert Ludescher, $19.30; L. W. Ellwood, $10.00; Clerk of Municipal Court, $9.62; Joyce Nichols, $189.00; Williams Printing Co., $90.00; Miller Davis Co., $7:64; Oswald Publishing Co., $66.93; Chamber of Commerce of U. S., $1.00; Julie Bennett, $63.55; W. E. Clark Agency, $148.34; Arthur A. Hirman Agency,.$185.31; Fitzpatrick Insurance Agency, $9.09; Herbert G. Knopp Agency, $114.71; D. H. Holt Co., 4101.83; Halling Insurance Co.•, $166.88; 0. W. Schroeder 0 240 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., August - 3, 1959 AGent,, $6.50; Olmsted Medical Group, $163.00; Mayo Clinic, $65.00; Minnesota Wisconsin Truck Lines, $7.14; Gas -Heat and Comfort Cooling, $5.00; Garnet Spring, $40.88; Paul Plantz, $43:50; Charles Dornack, $42.00; William L. Burrows, $40.50; Robert R. Blakley, $79.57; Pirates Den Kennel, $60.00; Chicago Great Western Railway Co., $14.40; Minneapolis Blue Printing Co., $18.65•; The American City Magazine, $4.00; Witte Transportation Co., $8.25; Harry H. Evans, Register of Deeds, $31.75; Quality Printing Co., $123.70; Peoples Natural Gas -Co., $3.76; Cities Service.0il Co., $98.40; Fay Yennie, $18.00; Firestone Stores, $17.68; E. J. Vonch, $39.75; Scharf Auto Supply $4.94 and Carl Hooper, $50.00. From the Street & Alley Fund: Witte Transportation Co., $14.43; Peoples Natural Gas Company, $70.62; Fay Yennie, $144,.00; Struve Paint Shop, $21.42; R. C. Drips Grocer Co., $15.00;- Firestone Stores, $131.87; Universal Motors, Inc., $16.90; E.-J. Vonch, $105.80; Fire & Safety,Inc., $40.68; Ruffridge Johnson Equipment Co., $5.35; Charles Bornholdt, $8.25; Socony Mobil Oil Company, $92.00; Scharf Auto Supply, $121.51; Roland Yennie, $38.20. From the Fire Protection Fund: Quality Printing Co., $27.50; Peoples Natural Gas Co., $11.44; S. M. Supply Company, $46.36; N. W. Bell Telephone Co., $117.40; Kenneth Stoletenberg, $93.35; Scharf Auto Supply,-$5:97; General Trading Company, $5.84; Truck -Service Company, $52.79; Skelly Oil Company, $12.15; R. A. Myers & Company, $11.50; R. C. Drips Grocer Co., $42.30; Minnesota Fire Chief's Assn., $15.00; Dison's Cleaners, $21.81; The Model Laundry, $64.75. From the Police Protection Fund: LeRoy Shane, $89.95; Reuben A. Rieck, $55.00; The Custom Gunshop, $16.00; Dale Thul, $24.00; Weber & Judd Company, $16.64; Chicago & N. W. Railway Company, $3.06; Axel W. Moberg, $20.63; Business Services, Inc., $9.95; Newman Kraft Studio, $3.00; Harry Stai, $24.75; Carl J. Briese, $24.90.- - Rrom the Sewer Fund: Peoples Natural Gas Co., $4.72 and M. C. Lawlers, $14.95. From the Auditorium Fund: N. W. Bell Telephone Co., $76.08; Peoples Natural Gas Co., $33.36; Walker Hardware, $8.25; Rochester Plumbing & Heating, $.75; Advance Floor Machine Company, $1.00 and Witte Transportation Co., $2.75. From the Lighting Fund: City of Rochester, P. U., $51.30. From the Parking Meter Fund: The Rochester Visitor, $8.00-and City of Rochester, General Fund $32.26. The follow8ng resolutions were each introduced and read, and upon motion made, seconded and carried by all voting in favor thereof, President Kamm declared the said resolutions duly passed and adopted: Resolution authorizing the Public Utility Board to enter into contract with Adamson Motors, Inc. Upon motion by Wilkus, second by Hanlon, resolution adopted. Resolution authorizing the Public Utility Board to enter into contract•with Truck Service Company. Upon motion by Wilkus,,second by McGuckin, resolution -adopted. Resolution authorizing the Public Utility Board to pay salaries in'the Public Utility Department as set by resolution adopted on July 28,1959.- Upon motion by Wilkus, second by McGuckin, k resolution adopted. 1 1 �J 40 • , Record :of Official Proceedings .of the Common Council of the City of Rochester, Minn-, August 3, 1959 L7 • 1 1 • A Resolution approving salaries set by the Park Board for Stage Employees and Moving Picture Operators. Upon motion by Wilkus, second by Hanlon, resolution adopted: Resolution approving the change on the interchange on the East side of the.I.B.M. and Markay interchange and change-on,the treatment of the off -ramp on the right, Station 2274 and change in the distance separating the two roadways at the southern extremity of the project, as set forth in detail in the plans -and specifications for the improvement of part of Trunk Highway No. 20 renumbered as Trunk Highway No. 52j -Upon motion by Haas, second by Hanlon, resolution adopted. Upon roll call all voted in.favor thereof, except Tingley and Wilkus who voted "no". Resolution determining adequacy of improvement petition, receiving preliminary report, ordering a public hearing and directing preparation of plans and specifications for construction of a curb and gutter on the north side of llth Avenue N. W. abutting Lot 19, Block 1, Thomas Addition. Upon motion by Wilkus, second by Hanlon, resolution adopted. Resolution determining adequacy of improvement petition, receiving preliminary report, ordering a public hearing akd directing preparation of plans and specifications for -grading and surfacing of W� 19th Ave. N. W. from 7th St. N. W. to a point 310' south of centerline of 14th St..N. W. Upon motion by Wilkus, second by McGuckin, resolution adopted. Resolution receiving preliminary report, ordering a public hearing and directing preparation of plans and specifications for grading and surfacing and storm sewer and'water main construction in.lst Avenue S.-W. from north line vacated 7th St. S. W. to 8th St. S. W. Upon motion by McGuckin, second byu Morris, resolution adopted. Resolution approving plans and specifications and ordering bids for grading and surfacing and construction of.storm sewer and water main in 1st Ave. S. W. from north line vacated 7th Street S. W. to 8th Street S. W. Upon motion by Wilkus, second by Morris, resolution adopted. Resolution approving appointment of firm of E. C. Bathers and Associates for prelimi report and study on -location and design of the proposed primary streets in Rochester from llth Avenue N. W. at 5th Street N. W. to 2nd Ave. N. E. at 2nd St. N. E. Upon motion by Hanlon, second by Wilkus, resolution adopted. Resolution approving plans and specifications and ordering bids for construction of sidewalks at 18 separate locations (Sidewalk Project #2-1959). Upon motion by Wilkus, second by Morris, resolution adopted. Resolution approving plans and specifications and ordering bids for construction of a sanitary sewer and water main in Rolling Greens Addition 2nd. Upon motion by Wilkus, second by Morris, resolution adopted. Resolution approving plans and specifications and ordering bids for srteet grading and surfacing, sanitary sewer, storm sewer., water main -and service connections in Northgate 3rd Addition and on 19th St. N.. W. from T. li. #52 to 21st Ave.. N. W. in Sunset Terrace 2nd'Addition. Upon motion by. Wilkus, second by Morris, resolution adopted. Resolution authorizing investing of.Sewage Disposal Plant Bond Account of the Sinking Fund money in U. S.. Treasury. Bills. Upon motion by Wilkus, second by McGuckin, k resolution is adopted. 22 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., August 3, - 1959 Resolution authorizing reinvesting of Permanent Improvement Fund money in U. S. Treas- ury Bills. Upon.motion by Morris, second by McGuckin, resolution adopted. Resolution accepting the bid of Leon Joyce for grading and surfacing of loth Street S. E. from the.west line of Southgate Addition to 16th Avenue S. E. Upon motion by Morris, second by Haas, resolution adopted. Resolution accepting bid of Carlisle G. Fraser, Inc. for construction of the first section of a relief sanitary -sewer in 3rd A enue S. E. from llth to 12th Street S..E. Upon. v motion by McGuckin, second by Morris, resolution adopted. Resolution accepting bid of Viker.and Sorenson for construction of a sanitary sewer • on 14th Street Northwest from the east line of Block 1, Valleyhigh Addition -to a point 80' east. Upon motion by Wilkus, second by Morris,, resolution adopted. Resolution accepting bid of Doyle Conner Company for.grading and paving of 13th Street N. W. from North Broadway to Cascade -Creek. Upon motion by Wilkus, second by Morris, resolution adopted. Resolution accepting bid of Carlisle G• Fraser, Inc. for.construction of a storm sewer on -North Broadway.(T. H. #62)-from Zumbro River to 17th St. N. E. Upon motion by Wilkus, second by Morris, resolution adopted. Resolution levying special assessments for construction of a water main, service connections and grading in Gonderman & Thiel's Addition and Schartau's Replat. Upon motion by Morris, second by McGuckin, resolution•adopted. Resolution levying special assessments for construction of a water tower for Northwest Service Area (Sunset Terrace 2nd Addition). Upon motion by Morris, second by Hanlon, resolution adopted. Resolution levying special assessments for construction of a sanitary sewer, storm sewer,service connections, water main, grading and surfacing in Sunset Terrace 2nd Addition. Upon motion by Morris, second by McGuckin, resolution adopted. Resolution fixing salary of Municipal Recreation Director for the balance of the year 1959-1960. Upon motion by Hanlon, second by Haas, resolution adopted. • Resolution appropriating,$25,939.20 from the Permanent Improvement Fund and ordering payment lmade to Benike Construction Company. Upon motion by McGuckin, second by Morris, resolution adopted. Resolution appropriating $50,363.89 from the Permanent Improvement Fund and ordering payment made to Palda and Sons, Inc. Upon motion by Morris, second by-McGuckin, resolution adopted. Resolution appropriating $4,228.70 from the Permanent Improvement Fund and $1,182.03 from the P. I. R. Fund kand ordering payment made to E. C. Bather and Associates. Upon motion by Haas, second by Morris, resolution adopted. Resolution appropriating $219.91 from the P.I.R. Fund and ordering payment made to Viker and Sorenson. Upon motion by Tingley, second by Morris, resolution adopted. • Record of Official Proceedings of the Common Council of the City of Rochester,— Minn., ' August ' 3,'- 1959 2 4 3D , 1 • 1 1 • 1 Resolution appropriating $4,918.91 from the P. I..R. Fund and ordering payment made to Viker and Sorenson. Upon motion by Morris, second by McGuckin, resolution adopted. Resolution .appropriating $4,329.57 from the P.I.R. Fund and ordering payment made to Doyle Conner Company. Upon motion by Morris, second by Haas, resolution adopted.• Resolution appropriating $3,387.61 from the P. I. R. Fund and ordering payment made to Leon Joyce. Upon motion by Hanlon, second by Morris, resolution adopted. Resolution appropriating $386.89 from the P. I. R. Fund and orderingpayment. made to Littrup.Nielson, Inc. Upon motion by Morris, second by.McGuckin, resolution adopted. Resolution appropriating $8,643.34 from the P. I. R. Fund and ordering payment made to Carlisle G. Fraser, .Inc. Upon motion by McGuckin, second by Morris, resolution adopted. Resolution appropriating $17,770.73 from the.P..I. R. Fund and ordering payment made tol Carlisle_G. Fraser, Inc. .Upon motion by McGuckin, second by Hanlon, resolution adopted. Resolution appropriating $13,297.97 from the P. I. R. Fund and ordering -payment made to� Carlisle G. Fraser, Inc. Upon motion by Haas, second by Hanlon, resolution adopted. Resolution appropriating $9,249.69.from the P. I. R. Fund and ordering payment made to Carlisle G. Fraser, Inc. Upon motion by McGuckin, second by(Haas, resolution adopted. Resolution appropriating $6,767.87 from the P. I. R. Fund and ordering payment made to Carlisle G. Fraser, Inc. Upon motion by Hanlon, second by Tingley, resolution adopted. Resolution appropriating $57,213.14 from the Permanent Improvement Fund and ordering payment made to Palda and Sons, Inc. Upon motion by Hanlon, second by Haas, resolution adopted. Resolution appropriating $28,852.40 from the Permanent Improvement Fund and ordering payment made to Doyle Conner Company. Upon motion by Haas, second by Hanlon, resolution adopted. Resol 'on appropriating-$25,427.70 from the Permanent Improvement Fund and ordering payment made to Doyle Conner Company. Upon motion by Hanlon, second by Haas, resolution adopted. Resolution appropriating $9,867.17 from -the Permanent Improvement Fund and ordering payment made to Carlisle G. Fraser, Inc. Upon motion by Hanlon, second by Morris, resolution adopted. Resolution appropriating $39,630.15 from the Permanent Improvement Fund and ordering payment made to Carlisle G. Fraser, Inc. Upon motion by Haas, second by Wilkus, resolution adopted. Resolution appropriating $8,437.34 from the General Fund and ordering payment made to Treasurer, State of Minnesota. Upon motion by Haas, second by Hanlon, resolution adopted. Resolution appropriating $50,027.90 from the General Fund an& ordering payment made to Public Health and Welfare Fund. Upon motion by Wilkus, second by Tingley, resolution adopted. Resolution appropriating $662.07 from the Bridge Fund and ordering payment made to L. M.I Feller Company. Upon motion by Wilkus, second by Morris,.resolution adopted. Resolution appropriating $14,425.38 from the Police Relief Fund and ordering payment madl to A. M. Ackerman, Treasurer of Police Relief Assn. resolution adopted. Upon motion by McGuckin, second by Morris, 0 Resolution appropriating $1,542.19 from the Firemen's Relief Fundkand ordering payment 244 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., Auguste 3, - 1959 made -'to J. G. Norman Piche, Treasurer.. Upon motion by Morris, second by McGuckin, resolution adopted. Resolution appropriating $.130.51 from the General Fund, $1,688.33 from the Street & Alley Fund, $634..80 from the Fire Protection Fund, $936.79 from the Sewer Fund, $733.85 from the Police Protection Fund, $32.26 from the Parking Meter Fund, $41.85 from the Lighting. Fund and $218.81 from the Mayo Civic Auditorium Fundland ordering payment made to City of Rochester, General Fund $2,125.04; E. J. Vouch $358.50; .Stephen B. Woodward $222.00; Fire and Safety, Inc. $569.00; E. C. Bather and Associates $882.00 and City of Rochester, P. U., $260.66. Upon motion by McGuckin, second by Hanlon, resolution adopted. Resolution appropriating $4,606.13 from the General Fund and $61.75 from the Street & Alley Fund and ordering payment made,to Standard Oil Company $3,481.25 and Wisconsin State Prison $1,186.63.. Upon motion by Wilkus, second by Tingley, resolution adopted. Resolution appropriating $2,241.00 from the General Fund, $515.57 from the Police Protection Fund and $38.20 from the Street & Alley Fund and ordering payment made to Federated Mutual Implement and Hardware Insurance Company $274.70.; Karvel Insurance Agency $528.20; Herbert G. Knopp $515.57; Viktor 0. Wilson, M. D. $976.00; Louis Bennett $287.10 and Roland Yennie•$213.20. Upon motion by Haas, second by Morris,.resolution 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 arrangement of buildings on lots, and the density of population within the City of Rochester, Minnesota, all in:accordance with a comprehensive plan ((changing Lot 1, Block 3, Cascade Plaza to multiple dwelling zone)", was given its second reading. An Ordinance amending an Ordinance entitled "An Ordinance for the purpose of promoting health, safety, order, convenience and general welfare by regulating khe use of land, the location, size, use and height of buildings and the arrangement of buildings on lots, and the density of population within the City of Rochester, Minnesota, all in -accordance with a comprehensive plan (changing Lots 3 to 7, inclusive, Block 12 and Lots 8 to 14, inclusive, Block 13, Head and, McMahon's Addition to a multiple dwelling zone)", was given its second reading. An Ordinance annexing to the City of Rochester, Minnesota,•a part of the Southeast One - Quarter of Section Twenty -Five, Township One Hundred Seven North, Range Fourteen West, and'a part of the Southwest One -Quarter of Section Thirty, Township One Hundred Seven, Range Thirteen West, fall in Olmsted County, Minnesota (Mohn and Hodge property Northeast) -was given its second reading. An Ordinance amending an ordinance entitled "An Ordinance for the purpose of promoting 1health, safety, order, convienence, and general welfare by regulating the use of land, the location, size, use and height of buildings and the arrangementof buildings on lots, and the density of population within the City of Rochester, Minnesota,.all in accordance with a comprehensive plan (Lots 3 and 4, Block 12, Head & McMahon's Addition to multiple dwelling zone)", was given its third land final reading. - A motion was then made by Tingley, second by McGuckin, that the said ordinance be adopted as read and all voting in favor thereof, President Kamm declared the said ordinance duly 1 u F • []I 40 • Record of Official .Proceedings of the Common Council of the City of Rochester, Minn., August. 3, 19.59 45 r-61. • 1 C� 1 passed 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 arrangement of buildings on lots, and the density of population within the City of Rochester, Minnesota, all in accordance with a comprehensive plan (changing the west 38 feet of the north 169 feet of Lot 3 and the east 25 feet of the north 169 feet of Lot 4, Block 13, William McCullough's Addition -to multiple dwelling zone)" was given its third and final reading. A motion was then made by Tingley, second by Morris; that the said ordinance be adopted as read, and all voting in favor thereof, President Kamm declared the said ordinance duly passed and adopted. .An Ordinance authorizing the establishment of a traffic violations bureau and providing for the location and operation thereof, was -given its first reading. A motion was made by Haas, second by Hanlon, that the rules be suspended and the ordinance be given its second reading. Upon roll call Morris voted "no". A resolution amending the resolution establishing parking and parking meter regulations and provisions as follows was read: (1) Section (2) NO'PARKING ZONES, is hereby amended by adding thereto Subsections ce. and cf. to read as follows: free. On the East side of 2nd Avenue Southeast from the alley between 2nd Street and 3rd Street North to 3rd Street, at all times." "cf. On the South side of 3rd Street Southeast between llth Avenue and 13th Avenue, between the hours of 6 a.m. and 1:30 p.m. on Sundays only." (2) Section (2) NO PARKING ZONES, Subsection d. is hereby amended so that the same shall read in its entirety as follows: "d. The East side of 6th Avenue Southeast from East Center to 4th Street Southeast at all times, except that parking shall be permitted between 3rd ark d 4th Streets between the hours of 6 p.m. and 8 a.m." (3) Section (4), TRUCK LOADING ZONES, is hereby amended by adding thereto Subsection aj. to read as follows: "aj. On 1st Avenue Southwest on the West side of the Street 25 feet more or less, in front of the premises known as 321 First Avenue Southwest." A motion was made by Haas, second by Hanlon, that the above resolution be adopted as read and all voting in favor thereof, President Kamm declared the said resolution duly passed and adopted. Alderman Tingley stated that he had received numerous calls in regard to the new garbage] ordinance, the section regarding burning in back yards. Hanlon moved that the Board -of Public Health & Welfare and the City Security Committee review this phase of the ordinance, so as to possibly allow incinerators to be used in back yards: Tingley seconded the motion and all voted in favor thereof, except Haas who voted "no". R. V. Ehrick, City Attorney, reported that the Church of the Covenant has made a request for a permit to build a church in Elton Hills. They have purchased six lots and the City's utility easement runs between these lots; the curch will be constructed right across these lots and he did not hink the permit should be issued unless a petition to vacate this utility easement was presented. Mayor Smekta called attention to -the fact that the City had hired a'Recreation Director and space would have.to be provided for an office. He suggested the possibility of repairing or remodeling space in the F. E. Williams Building across the street from the City Hall, and then E 246 Record of Official Proceedings. of the Common Council of the City of Rochester,. Minn., August 3, 1959 r maybe the Engineers Department now renting space in the old bank building could be moved over here to. Upon motion by Tingley, second by Hanlon, this matter was referred to the Internal Affairs Committee and the Park Board. All voted in favor thereof. P. M. Upon motion by Wilkus, second by Hanlon, the meeting was adjourned until 7:30 o'clock President Kamm called the meeting to order at 7:30 o'clock P. M., the following members being present: President Kamm, Aldermen Haas, Hanlon, McGuckin, Morris, Tingley, Wilkus. (Absent: .None. President Kamm stated that the Council had•moved through a very long agenda in the afternoon so they would have their business out of the way so they might accomodate the people relative to the issue which confronts them this evening; as you know tonight is the third reading of the Fluoridation Ordinance and is the time that we consider whether or not we adopt this ordinance and then requested the City Attorney to read this ordinance. An Ordinance entitled, "An Ordinance providing for the fluoridation of the public (water supply of the City of Rochester, Minnesota", was then given its third and final reading. President Kamm then suggested that (1) in the interest of fair play that each person that speaks limit your presentation to three minutes as we have a lot of people that want to be heard (2) some of you have an attorney representing you, I have asked the attorneys to list the 1people they are representing and we will expect the AtStorney to speak for those people and then not expect those people to take up time (3) remind you that the Common Council and Mayor are only interested in hearing the testimony of legal Rochester residents, we are not interested in hearing anybody outside of Rochester as we feel this is a Rochester issue (4) when you come to the front give your full name and full address for the records (5) if you have appeared -before the Council on this issue before, that you try to give us new information, we are not•interested in hearing information we have heard at the two previous heatings but if you have new information we will be glad to listen and (6) I would like to ask you to keep your reference to books and pamphlets to a minimum in that we can check the articles you are reading. He then called on the people interested lin being heard. The following people were then heard: Mrs. M. E. Palen of 709-8th St. S. E. presented two plants which she had, one had been watered with tap water and. -the other with water which contained fluoride, she claimed the fluoride killed•the one; she was very much opposed and urged that the Council- not adopt this ordinance. Mr. Desmond B. Hunt, Attorney of 1026 - 3rd Avenue S. E., spoke for a number of people. He stated that.he was neither for or against fluoridation, but felt that the question should be put to 4 referendum vote, that about 160 years ago we voted for a democratic principle, namely the expression of the people. He called fluoridation "mandatory medication" and saw it as a step to socialized medicine which he was opposted to. Mrs. John Brahun of 2118 - 17th Avenue N. W. stated that she was a dental hygeinist and from past experience new that fluoride would prevent a great deal of decay. She said she had small children and certainly hoped that the Council would adopt same so her children could benefit from it. Mr. 0. C. Burmeister of 715 - llth St. S. E. stated that he felt the people should be given a chance to vote on this, he had taken a petition around to people to sign and everyone was in favor of voting on the question. Mrs. Louis Fahrman of 407 = 7th Street N. W. stated that she took care of • 1 0 1 0 Record of Official Proceedings of the Common Council 247 , of the City of Rochester, Minn., August 3, 1959 OSWALD PUBLISHING CD*, NEW ULM, MINN. 9181 children and they never drank water,anyway, always just pop, and she could see no reason for putting fluoride in the water to water the lawns, and was very much opposed to it. Mr. Emil Reiter of 118 East Center Street stated that he had lived in Rochester since 1916, and his parents had lived here, and the water was good enough for them and should be good enough now. He had lived in Los Angeles but the whole taste of the water had been spoiled because it had fluoride in it. Dr. H. R. Oleson of 907 - llth St. S. W. stated that Los Angeles water is not fluoridated. He then stated that the Rochester Dental Society were definitely for it and the growth of Rochester, with the number of dentists they have, make it essential that this ordinance be adopted. Mr. L. A. Fellows of 1400 - llth Avenue N. E. stated that the opinions of dentists and doctors was divided and therefore felt the people should be given a chance to vote on this question. Dr. A. B. Hunt of 1031 - 10th St. S. W. stated that the Zumbro Valley Medical Society had sent cards to their members asking "do you or do you not approve of fluoridation?" out of 436 replies, 426 were in favor -which amounted to hbout • 98 per cent for fluoridation. Miss Neola Henson, Public Health Educator, of 222 - llth Street S. E., stated that she had made a study of the various organizations as to whether they were in favor of fluoridation but had not been able to find one organization -that opposed it. She listed the following as -being in favor: Rochester Dental Society; Dental Section of the Mayo Clinic; Zumbro-Valley Medical Society, Board of Governors of the Mayo Clinic; Olmsted Medical Group, Medical Staff of the Olmsted Community Hospital; Rochester City Council; Sixth District Nurses Association; Rochester Dental Auxiliary; Zumbro Valley Medical Auxiliary; S. E. League for Nursing; Board of P. H. & W.; Central P.T.A. Councik; Rarent Teachers Associations; Rochester Education Association; Olmsted County Tuberculosis and Health Association; Rochester Central•Labor Union; Olmsted School Health Council; Holy Name Society of St. Francis; Rochester Junior Chamber of Commerce; Altrusa Club; Down -Town Kiwanis Club; Exchange Club; Lions Club; Rotary Club, Sertoma Club; West Side Kiwanis Club and Citizens' Committee for Water Fluoridation. Mr. Andrew Wolff of 514 - llth Avenue S. E., stated that he represented the Holy Name Society of St. Francis Church and that they were for fluoridation, they felt that it would supply nutrition not medicate the water. He also stated that fluoridation referendum led to bitter fights in LaCrosse and Austin and outisde agitators went into these cities and there was reflected a lack of respect for city government and he was glad that the City of Rochester was not allowing this to happen here. Mr. Lloyd Jaochim of 504 - 7th Street N. W. spoke in favor of a referendum vote he said that he had contacted many people and he thought at least 95% of those he contacted were in favor of the vote. He said fluoride was available at drug stores and thought people could buy their own and put it in the water supply if they wanted it rather.than go to the expense of installing all that expenseive equipment. Mr. Howard Smith of 907 - 9th Avenue S. E., represented the Central Labor Union, he said they had sent a letter previously endorsing this and were still of the same opinion, they were not in favor of the referendum idea and thought the Council should make the decision in accordance with professional guidance. Dr. J. S. Welch of 1520 = 5th Street S. W. made the comparison of his teeth, he was raised in Nebraska and had no fluoride on his teeth,<to Dr. Irwin Berman, who was raised in Teaas where they had natural fluoride. Dr.. Berman had very little dental work, about three or four dollars worth compared to about three or four hundred dollars worth for Dr. Welch. Dr. Welch felt that this proved that -fluoride was beneficial and urged that the eouncil adopt the ordinance. • Mrs. John Hofschulte of 926 - 10� Street S. E. opposed fluoridation. She said that children were just not eating right these days and wondered how much water children would have to drink to make fluoridation effective. She also questioned why they had to take it if they didn't want it and then asked the Mayor the question "Where did we lose the right to vote? Mayor Smekta then read the following letterfgrom R. V. Ehrick, City Attorney: "At your request, I have researched the question whether the Common Council of the City of Rochester or the people of the City of Rochester have the authority to require the issue of fluorddation of the public water supply to be submitted to the electorate for approval or rejection. The Charter of the City of Rochester contains no provisions on "Initiative" or "Referendum" and contains no general authority for the Common Council to submit an important public issue to the electorate for an advisory cote. I have been able to find nothing in the Statutes of the State of Minnesota which would authorize an advisory election on general public issues. Under the foregoing circumstances, it is my opinion that an election on the issue of fluoridation of the public water supply is unauthorized and the expenditnnes of public funds for such an election would be unlawful." 28 Record of Official Proceedings of the Common Council of the City of Rochester, Minn.; .August. 3, 1959 Mr. Ehrick explained.that his opinion was based on the.fact that the Council has the power and authority to act on fluoridation and that any referendum would be advisory only and that his . opinion was applicable to special elections only ank d did not apply if the question was submitted at a general election. . Mr. Joseph Dingle of 736 - 13th Avenue N. E. appeared in behalf of the Junior Chamber of Commerce and stated.that they were 100% for it. Mr. Frank Forsyth of 1608 - 9th Avenue N. E. stated that he felt the.people had elected the Council and it was up :to the Council to make the decision as to whether we had fluoride in the water or not, then if.the people were not satisfied with the decision they should go to the polls and exerc'se.their vote next spring at the general election when these offices are filled. He was in favor of fluoridation. Dr. M. F. Eusterman of 114 - 14th St. N. E. spoke in favor of fluoridation. He • stated that the number of dentists now being trained was.not enough to take care of the increase in population and felt that fluoridation was the only answer. Mr. Richard 6chacht of 1009 - 14th Avenue N. E. asked to relinquish his three ri minutes to Mr. Hunt, the attorney. Mr. Hunt again urged that the Council have a vote on this question. Dr. L. A. Weed of 1607 - 9th Avenue N. E. also spoke in favor of fluoridation. Mr. Walter Macher of 1431 - 15th Avenue N. W. stated that before he lived in Rochester he lived in a fluoridated area and his children had no problems with their teeth, but since he had moved,to Rochester where ,there was no fluoridation dental caries had developed in his children. Mr. Ed Warren of 715 - 10th Avenue N. W. hlso spoke in favor of fluoridation. President Kamm ordered that the various petitions and letters received for and against fluoridation be placed on file. Alderman Hanlon then.stated that he sincerely felt that the Council is very well informed, that we have talked about this for over a year and therefore he moved that this ordinance be adopted as read, and a roll call vote be had. Alderman Haas seconded the motion. Alderman Tingley then gave the following talk: "During the past several weeks, had I taken the time to read a fraction of the informational bulletins, speeches of eminent authorities for and against fluoridation, other city functions would definitely have been neglected, not to mention my own business. I have however read k much regarding fluoridation of water supply, and one could take either side of this very improtant question and make a very plausable case. During the past 30 some years, I have lived in Rochester I have been able to point to,our drinking water as something to be proud of, and after a trip to the "Twin Cities",$ certainly our drinking water was something to be appreciated. I have always felt that our streets are built for the free movement of traffic, I also feel that our water.mains should be for the transportation of pure water to our homes and not a delivery service for certain 1 medicatl supplies. Hundreds of letters and telephone calls have convinced me that interest in this subject is very high. Many, many people are quite interested and even tho • this Council apparently has the power to make decision this still would not prove that the best interests of the most citizens were served. I have been informed by our City Attorney that the Attorney General has ruled that asking our citizens their desires, was a waste of public funds. If serving the public in the things they want,is a waste of funds, I an willing to plead guilty. Austin, Minnesota spent considerable funds for equipment to fluoridate their water supply and later discontinued its use. Am I to assume that was not a waste of city funds? Both pro and con advocates have advised me that there is overwhelming sentiment in their favor. In a democracy such as ours, when there is a reasonable doubt as to the majority, our democratic way is to allow the people to speak for themselves, if we are to have a government of the people, by the people and for the people. In view of this widespread interest I, therefore, suggest and present the following amendment: This Ordinance be tabled until after the next general election, and that at said election the following question be put to referendum: "Shall the City water supply be fluoridated7" He then moved the adoption of this amendment. President Kamm declared the motion lost for want of a second. • Record of Official Proceedings of the Common Council of the City of Rochester, Minn,, August., 3, 1959 I • J President Kamm then called for a vote on the motion that this ordinance be adopted, and upon roll call Haas, Hanlon, McGuckin, Morris; Wilkus and Kamm voting "aye" and Tingley voting "no", President Kamm declared the said ordinance duly passed and adopted. Upon motion by Wilkus, second by Hanlon, a 10 minute recess was declared. The recommendation of the City Security Committee that dogs be prohibited from running at large at all times and that the City Attorney be instructed to amend the dog ordinance to make this change effective was read. Upon motion by Haas, second by Wilkus, the recommendation was approved. All -voted -in favor thereof. The following resolution was read: "Be it resolved by the Common Council of the City of Rochester that upon the request and recommendation of the Airport Commission as set forth in the letter from the Commission to the Common Council dated July 29, 1959, upon the oral explanation given by the Chairman of the Airport Commission at the meeting of the Common Council held this date, and after due deliberation and consideration by the Common Council: (1) The proposed modification of the water distribution system at the Rochester (new) Municipal Airport involving the installation of a ground mounted water tank rather than an underground tank, and the installation of different pressure pumping, is hereby approved. (2) The Airport Commission is authorized to have the necessary change ord order prepared and to process the same through the Mayor of the City of Rochester to the proper state and federal authorities. Be it further resolved that the foregoing modification of the airport water distribution system is approved on the condition that federal aid for one-half the increased cost of such modification is first made -available by formal notification. A motion was made by Haas, second by McGuckin, that the above resolution be adopted as read, and i upon roll call•and Haas, McGuckin, Morris and Kamm voting "aye" and Hanlon, Tingley and Wilkus voting "no", President Kamm declared the said resolution duly passed and adopted. A resolution authorizing the City Clerk to readvertise for bids for furnishing one patrol- car was -read. Upon motion by Hanlon, second by Morris, that the resolution be adopted. Aldemman Tingley stated that he felt when there was only bid presented, as in this case, that it should not be opened .and exposed if it was not going to be accepted. Upon roll call and all members voting "no", President Kamm declared the resolution not adopted. A motion was then made by Haas that the bid of Universal Motors, Inc. in the amount of $2,324.00 received this afternoon be accepted. favor thereof. Wilkus seconded the motion and all voted in A resolution accepting the bid of Universal Motors, Inc. for furnishing one patrol car for use in the Police Department was then read. Upon motion by Haas, second by Wilkus, resolution adopted. A letter from the Olmsted County Free Fair requesting permission to have a demonstrati4 of a mechanical animal, one of their acts for this year, on the corner of Second Street and South Broadway (Dayton's is agreeable) was read. was granted. All voted in favor thereof. Upon motion by Wilkus, second by Hanlon, the request A letter from L. B. Mitchell, Chairman of the Rochester and Area Citizen's Highway Committee, submitting petitions with 917 signatures, objecting to the proposed construction of a new highway No. 52 belt line by-pass south of the City was read. President Kamm ordered the -letter) is 11 and petiti 250 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., August 3, 1959 OSWALD PUBLISHING CO.. NEW ULM' MINN. 9181 and petitions placed on file. Upon motion by Tingley, second by Wilkus, the meeting was adjourned until 7:30 P. M. on Monday, August 17, 1959. CiYyClerk • 1 1 •