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HomeMy WebLinkAbout12-21-1959376 Record of Official Proceedings of the Common Council of the City _of Rochester, Minn:, December. 214, 1959 • Minutes of an adjourned regular meeting of the Common Council of the City of Rochester, Minnesota, held in the Council Chambers, in the City Hall, in said City, on December 21st, 1959. 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 and Wilkus. Upon motion by Morris, seconded by Haas, the minutes of the meeting of December 7.th 1959 were approved. President Kamm declared this as the time and place set for a hearing on the petition for the vacation and abandonment of the.City's public utility easement located upon the East five (5) feet of Lots 1, 2 and 3, Block 21, Elton Hills Third Sub -Division. There was no one present wishing to be heard and upon motion by Tingley, second by Wilkus, the hearing was officially closed and the City Attorney was instructed to prepare a resolution vacating and abandoning the said ease— ment. All voted in favor thereof. President Kamm declared this as being the time and place set for a hearing on the proposed change of zoning of Lots 1, 5.and 9, Markay Addition from a residential to a commercial zone and also on the establishment of a 20-foot minimum building setback line in that part of Lots 1, 5 and 9, Markay Addition which front the West Service Drive of U. S. #52 and all other lots in Markay Addition to have a 25 foot minimum building setback line. There was no one present wishing to be heard. A motion was then made by Wilkus, second by Tingley, that the hearing be officially closed and the City Attorney was instructed to prepare an ordinance making the requested zone change and a resolution establishing the setback lines. All voted in favor thereof. President Kamm declared this as.being the time and place set for a hearing on the condemnation of parts of Lots 7 and 8, Block 2, Cook Subdivision for public street and alley pur- poses. Mr. R. V. Ehrick, City Attorney, read the report of the Commissioners which gave the follow- ing award: Description -of Land _ A permanent easement or right-of-way for all lawful public street and alley purposes over, thru and above the South nine and one-half (S. %') of Lot Seven (L. 7) and the North eight and one-half feet ( N.8k') of Lot Eight (L. 8) all in Block Two (B. 2), Cook Subdivision according to the recorded plat thereof on file in the office of the Register of Deeds in and for Olmsted County, Minnesota/ Persons -Interested Award Bernard J. Leitzen and Ione) Leitzen,.husband and wife. ) $2,842.93 The American Linen Supply ) Company, a Corporation. ) Fred A. Much and Norma M. ) Much, Partners d/b/a•Rochester) None Linoleum and Carpet Company ) E. Lawrence Ashley d/b/a ) Ashley Distributing Comapny ) None There was no one present wishing to be heard, so President Kamm declared the hearing terminated and the Commissioners report was taken under adviseg�ent. The Mayor's appointment of the following persons to .the Planning and Zoning Commiss- ion according to Ordinance No. 1049, section 4 were read: W. W. Hendricks 1221 8th Avenue N.W. for a l yr. term to expire December 31, 1960. L. W. Comstock 1327 3rd Street N.E. for a 1 yr. term to expire December 31, 1960,. _Larry McCaleb 1015 15th St. N. E. for a 1 yr. term to expire December 31, 1960. John Brengman 1248 Sth.Avenue S.E..for a 2 year term to expire December 31, 1961. • 1 1 0 1 0 Record of Official. Proceedings of the Common .Council of the City of .Rochester, Minn. December .21,. 1959 1 C~� • 1 1 0 1 Kenneth Rohde 1418 9th Avenue N.W. for a 2 year term to expire December 4 , 1961 Joe Cooley 3929 3rd P1. N. W. for a 2•year term to expire December 2, 1961 Donald L. Grue 113 12th Avenue N.W. for a 3 year term to expire December 31, 1962 Mrs. Russell Ewert 1121 6th Avenue S.E.for a 3 year term to expire December 31, 1962 Dr. A. B. Hagedorn 841 9th Avenue S.W. for a 3 year term to expire December 31, 1962. A motion was then made by Haas, second by Hanlon, that the appointments be approved and upon roll call and all voting in favor thereof, the said appointments were duly approved. A letter from the Fireman's Civil Service Commission certifying the names of Gary P. Southwick; Harold L. Bailey and Robert W. Cain as the three men standing highest -on the eligibility register from which the position.of fireman should be filled due to the resignation of Harold Erath.was read. -R. V. Ehrick, City Attorney, explained that the State Law had now been changed so that the three high names had to be submitted and in the case of the Fire Department, the Council had to appoint one. A motion was then made by Tingley, second by Hanlon, that the Council approve the appointment of the man at the top of the eligibility list, Gary P. Southwick. All voted in favor thereof. A letter from Rochester West Company submitting the final plat of Country. Club Manor 7th Addition was read. Upon motion by Morris, second by McGuckin, the matter was referred to the Planning and Zoning Commission. All voted in favor thereof. The following letter from Francis L. Caron and Esther B. Caron was read: TO THE HONORABLE MAYOR AND COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA: We respectfully petition the Common Council to -rectify an omission in the zoning procedure of the North half of our block. We live at 612 - Second Street Southwest, and have resided there for fifteen years. On December 23, 1948, after proper petition, the Zoning Board approved a change to commercial zone of this entire area. The Council approved the Zoning Board's recommendation on January 3, 1949. Ever since that time, we have been paying taxes based on commercial valuation. The property around us has been utilized as commercial property and commercial permits have been issued. Recently, we undertook to obtain a permit for building construction. Our contractor. inquired several times of the Building Inspector and was assured by the Building Inspector that it was commercial. Just as we were to begin construction and all plans had been made, it was discovered that the ordinance, re -zoning this property in accordance with the Zoning Board and Council's approval ten years ago, had never been -published. It is our understanding that this was through failure to draft an ordinance and publish it as all other work had been done. We now have a grave problem because of time and expense involved in this project. It would seem that this would be a fitting matter for Council initiative to correct this situation im- mediately. It is imperative that we have prompt action on this matter and we respectfully request the Council to take action so as to correct this grievous error. Very truly yours,, s/FRANCIS L. CARON s/ESTHER B.-CARON Mr. R. V. Ehrick, City Attorney, reported that as a result of the work that has been and is being done on the proposed new zoning ordinance, it was his understanding that there are about 16 situa- tions like the one in the letter that have been discovered where there is a discrepancy between the zoning map and the ordinances which substantiates zoning changes. He said he thought most of these discrepancies came from a previous interpretation of the zoning ordinance, that the zone change could be made on annexations without going through zone procedures. Most of these are from 1950.to 1953 where there was informal approval of zoning. He then said that he.thought these situations should be brought out in the open and should be entitled to consideration and this matte; should be referred for study. Mr. Art Swan was present, representing Mr. and Mrs. Caron.. He said he did not feel that these people should be penalized for an error made back in 1949 and urged C c Record of Official Proceedings of the,.Comman Council of the City . of Rochester, Minn., December 21, _ 1959 that the -Council change this.zoning right now. A motidn'was then made by Hanlon, second by Wilkus, on Council initiative that the property owned by Mr. and Mrs. Caron be rezoned'commercial/and that a hearing be held on January'l8th, 1960 at 7:30 P. M. and that the matter be referred to the Planning and Zoning Comm- ission, they to report back on January 18th. All voted in favor thereof. A motion was then made by Hanlon, second by Tingley, that the other 15 or 16 similar instances be referred to the Planning and Zoning Commission for individual consideration and recommendation. 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 McGuckin, the resolutions were accepted. All voted in favor thereof. "Be it and it is hereby resolved by the Public Utility Board of the Cityrof.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 GENERAL CABLE CORPORATION for the furnishing, in accordance with speci- fications on -file, of 1000 feet 400 MCM 3/C Cable; the total amount of the said contract to be $4356.00 and the said General Cable Corporation being one of the six companies submitting identiacl bids." "Be it and it is hereby resolved by the Public Utility Board of the City of Rochester, Minnesota that the Common Council of tie said City be and is hereby requested to authorize the said Board to sell to BEMEL AUTO.PARTS, INC. approxi- mately twelve (12) tons of junk copper wire at a price of $0.2872 per pound, the total sale price to be $6,892.80 and the said BEMEL AUTO PARTS, INC. being the highest responsible bidder". The petition to have Lots 23, 24 and 25, Block 3, Westlawn Addition changed from a residential to a commercial zone was read. Upon motion by Tingley, second by McGuckin,m the petition was referred to the Planning and Zoning Commission. All voted in favor thereof. A letter from Mr. Mike Collins informing the Council that he is purchasing all of the outstanding capital common stock in Meyers Liquors, Inc. Corporation and setting forth inform- ation as to his qualifications was read. Mr. Collins was present and stated that he.would be glad to answer any other questions as necessary. Mr. R. V. Ehrick, City Attorney, stated that this was not actually transferring the license but just notifying the.Council that Mr. Collins was now major stockholder. A motion was then made by Tingley, second by Wilkus, that the Council go on record on the basis of the information supplied by Mr. Collins and assuming that it is correct that the Councilknows no reason why this change should not be made. Upon roll call and all voting in favor thereof except Aldermen Maas and Hanlon who voted "no", President Kamm declared the motion. carried. The following letter from R. C. Andrews was read: "The Honorable Mayor Alex P. Smekta and Members of the Common Council Gentlemen: Several of the maintenance services performed for the City, have increased substantially during recent years. Some cost over $1,000.00 annually. We must advertise for bids for all contracts exceeding $1,500.00. Perhaps it would be advantageous to advertise for bids or informally solicit bids for service contracts totaling less than $1,500 per annum. Also, we suggest that Department Heads, the Mayor, and an appropriate comet- ittee of the Council, periodically review the departmental operations and main- tenance expenditures to help promote a most efficient operation. Department of City Clerk s/R. C. Andrews" Mayor Smekta stated that he has been making a research of certain costs for maintenance services 1 • I- L7 0 9 • Record of Official Proceedings of .the Common Council of the City of Rochester, Minn.,, December 21, 1959 379 1 • 1 1 E performed and could see many places where the City could save money if the services were let out to bidders. A motion was then made by Haas, second by Hanlon that the.Internal Affairs Committee be empowered to investigate the setting up of a central purchasing department for the City. All voted in favor thereof. The following letter from C. A. Armstrong, City Engineer, was read: "We find it impossible to number the streets and avenues in recent plats in conform- ance with the established methods of numbering,streets and avenues. This method can- not be applied satisfactorily to streets unless they are laid out in a rectangular pattern -which current plats are not. Therefore, I request that we recognize the facts, and the Council authorize the Planning Commission to develope a system that will supplement the former street.number- ing policy with a.guide for numbering or naming the curved streets, diagonal streets, courts, cul-de-sacs, and figure S streets which are the heart of current platting practice and undoubtedly will continue to be for some time." A motion was then made by Wilkus, second by McGuckin, that permission be given to the Planning Commission to develop the system as recommended by C. A. Armstrong. All voted in favor thereof. The petition of Donald L. and Eileen L. Close and Carl W. and Vivian J. Elfrod for annexation of lands to the City to be known and designated as Crescent Park 1st Addition was read. Upon motion by Wilkus, second by Morris, the petition was referred to the Planning and Zoning Commission. The recommendation of the Planning and Zoning Commission that the petition for a zone change at 113 14th Street Northeast from a residential to a commercial zone be denied was read together with the following letter from D. P. Mattson was read together with a petition with 14 signatures requesting that the Council approve the petition: "To the Honorable Common Council of the City of Rochester Rochester, Minnesota IN RE: Petition of Lottie Walker to change property located at 113 Fourteenth Street Northeast to a commercial Gentlemen: zone. Enclosed please find a,petition which is self-explanatory in the above matter. I attended the Planning Commission meeting in this matter and some of the reasons the Planninmm g Commission gave for not recommending this change to a coercial zone are irrelevant and immaterial to the issue and would be unconstitutional and arbritary and capricious if they relief in whole or in part upon such reasoning to make their determination. For_exapmle, Tom Moore read in his report that one of the reasons for not granting the change is that there are already three of four gas stations within 1,000 feet of said property. As you know, the question of the number of gas stations already there has nothing to do with the zoning of this property to commercial. We respectfully request that each member of the Council view this property before A decision is reached in this matter. If you do.so, you will notice that the property as situate presents a traffic hazard to traffic proceeding from the North on to -Fourteenth Street. This property is surrounded on three sides by commercial property and a change to commercial property would fill out and complete the block which is already commercial and continue the sidewalk from the Avenue to Fourteenth Street. As I understand it, the Skelly Oil Company would permit the church to use some of this property for a parking area and would level the area off with a decent buffer zone between the station and the residential property to the East with a reduced height of the bank on.the East. Your kind investigation and consideration of this matter will be greatly apprec- sated. Respectfully submitted, s/ D.P. MACSON" A motion was then made by McGuckin, second by Morris that the Council approve the recommendation of the Planning and Zoning Commission and that the petition be denied. Upon roll call and all voting in favor thereof, except Tingley who voted "no" President Kamm declared the motion carried. The recommendation of the Public Works Committee recommending the adoption of the re- 0 solution approving plans for T. H. #63 (South Broadway) with the City limits at junction of T. H. 380 Record of Official Proceedings of the= Common Council of the City of Rochester, Minn:, December 21, 1959 • OSWALD PUBLISHING CO.. NEW ULM. MINN. 9101 14 (Belt Line), was read. Upon motion by Haas, second by McGuckin, the recommendation was accepted. All voted in favor thereof. The recommendation of the Public Works Committee that the following changes in street naming be adopted was read: (a) Change 5th Street N.W. in Cascade Plaza between.11th Avenue and 13th Avenue N. W. to q Street N.W. (b) Designate the new primary -street that extends westerly from the junction of . 5th Street and llth Avenue N.W. to T. H. #14 4t 52 as 5th St. N.W. Upon motion by Wilkus, second by Tingley and all voting in favor thereof, the recommendation was accepted. The recommendation of the City Security Committee reporting that, -the matter of the request of the several P. T. A.''s for use of School Crossing Guards is being studied and a recommendation from this Committee will be made in January of 1960 relative to this matter was read and filed. A motion was then made by Wilkus, second by Haas, that the Council reconsider the action taken on the Public Work's Committee recommendation changing street names. Alderman Haas seconded the motion and upon roll call all voted in favor thereof except Morris, Tingley and Kamm who voted of A motion was then made by Hanlon, seconded by Wilkus, that the recommendation of the Public Works Committee changing street names as listed above be accepted and the City Attorney be instruct- ed to prepare an ordinance making the requested changes. All voted in favor thereof. The recommendation of the City Security Committee that the "on" and "off" sale 3.2 non - intoxicating malt beverage license now held by Clifford Lee Burt at 6 North Broadway, be trans- ferred to. William R. Crawford was read. Upon motion by Wilkus, second by McGuckin, the recommend- ation was accepted. All voted in favor thereof. The recommendation of the Public Works Committee stating that they had reviewed the petition to vacate the East 150 feet of Lots 8, 9 and 10, Block.5, Cascade Manor and that they concur with the recommendation of the City Planning and Zoning Commission recommendation which states that lands be abandoned by the City of Rochester for street purposes and disposed of according to law; and further recommending that before title is transferred, the City of Rochester obtain a 10 foot utility easement of 5 feet on each side of the west line of the east 150 feet of Lots 8, 9 and 10, Block 5.Cascade Manor and a survey be made of the remaining parcels of land at the expense of those parties who are seeking title, was read. Upon motion by Wilkus, second by Morris, the recommendation was addepted. All voted in favor thereof. The recommendation of the Public Works Committee stating that they had reviewed the pro- posed annexation of lands surrounded by the city in the Northeast area and that they concur in the City & Planning and Zoning Commission's recommendation that these lands be annexed to the City of Rochester. Upon motion by Haas, second by McGuckin, the recommendation was accepted. All voted in favor thereof. The recommendation of the Internal Affairs Committee that Ralph Ellingwood be employed to prepare the City Report under the same conditions as last year was read. Upon motion by Morris 'second by Tingley, the recommendation was accepted. All voted in favor thereof. + The recommendation of the Internal Affairs Committee that bids be advertised for furnish 1 • I. 1 u 1 ing the season's supply of gasoline for various departments was read. Upon motion by Tingley, 0 Record of Official Proceedings -of.tlie.,Coriimon Council of the City of . Rochester, Minn:; December 21;' 1959 1 u 1 1 u 1 the recommendation was accepted. All -voted in favor -thereof. The recommendation of the Security Committee that two (2) twelve minute parking spaces be established on the East side of South Broadway immediately South of 3rd Street was read. Upon motion by Haas, second -by Morris, the recommendation was accepted and the City Attorney was.ins ed to draw the necessary resolution to make this change effective. All voted in favor thereof. A letter from the Board of Public Health and Welfare requesting the approval of the appointment of Mr: Robert G. Zabel, 1210 llth Avenue N.E. as the psychiatric social worker in the Mental Health Clinic of the Board of Health and Welfare, effective February 1st, 1960 at the sa of $7,320.00 per year was read. Upon motion by Haas, second by Wilkus, the appointment was All voted in favor thereof. A letter from C. A. Armstrong, City Engineer, requesting authorization for the attendance) and expenses for the City Engineer and three Assistant Engineers to the City and Village Engineer Conference at the University -of Minnesota on January 7th, and January 8th, 1960.was read. Upon motion by Morris, second by McGuckin and upon roll call and all voting in favor thereof, the request was granted. A notice of claim for loss or injury of Julia Christopherson of 426 2nd Street Southwest in the amount of $5,000.00 as a result of a fall on temporary sidewalk and thereby breaking her arm was read. Upon motion by Morris, second by McGuckin, and all voting in favor thereof, the claim was referred to the City Attorney. The following letter from Milton Kaplan was read: "Rochester City Council City Hall Rochester; Minnesota Gentlemen: A letter from Mr. Garnet Spring, Building Inspector, to Mr. David F. Griggs, Manager of Ability Building Center, Inc., concerning the use of broperty located at 1207 2nd Avenue Northwest, has been referred to me because of my position as owner of the property in question. In reviewing this letter, I note that the building inspector considers that the Ability Building Center, Inc., has been violating a zoning provision of this city. The Ability Building Center, Inc., occupied this,building on August 15, 1959, pursuant to a one year lease, with an option to renew for one year, with me. I pre- viously had purchased this building in July 1950 and occupied it for the past nine years in conjunction with my wholesale news agency business. During these nine years the building was used as a warehouse and office for conducting this business. At no time had I received a notification that there was a violation of the applicable zoning laws concerning this building. It was my understanding at the time of the purchase of this building that so long as no structural alterations or additions were made, this building could continue to be used by myself or by any future renters or lease -holders. At the time of the purchase, I regarded the transaction as an invest- ment and anticipated that I would eventually rent or sell the building. Recently I built a new facility for my business and for this reason placed the property up for rent. It is my understanding that Ability Building -,Center, Inc., has made no structural alterations or additions to the building. They are providing certain commercial facilities in the building for the rehabilitation of handicapped for people in Rochester and surrounding areas. It was our opinion that since there was.no basic in the actual use of the building that there wou'ld-be no zoning violation. It is for this reason that I respectfully request that the Council consider appropriate action to make possible the continued use of this building for commercial purposes. If there is any further information that you require concerning either my own operation or the operation of Ability Building Center, Inc., please do not hesitate to contact,me. Very truly yours, s/MILTON KAPIAN". A motion was then made by Wilkus,- second by McGuckin, that permission be granted for the life of 0 382 2 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., December 21,..1959 • the lease to continue in the present business. R. V. Ehrick, City•Attorney, stated that this motion was out of order because they were changing the zoning law by motion. A motion was then made by Hanlon, second by Wilkus, that this be referred to the City Attorney and the Planning and Zoning Commission and no action be taken on the present use of this building until they come back with a report and such report be available to.the council in the next 9 months. All voted in favor thereof. The application of Lawrence A. Lentz for a refuse collector's license was read. Upon motion Morris, second by Tingley, the license wa$ approved. All voted in favor thereof. The application of Littrup Nielson, Inc. fora license to connect sewers and drains was read. Upon motion by Morris, second by Wilkus and all voting in favor thereof, the license was • granted. .The application of Russell S. Carroll for a license to sell non -intoxicating malt liquor "on" and "off" sale , cigarettes and soft drinks were each read and upon motion by Hanlon, second by Tingley,.the licenses.were referred to the City Security Committee. The applications of William R. Crawford for a license to sell soft drinks and cigarettes at retail were each read and upon motion by Morris, second by Wilkus, the licenses were granted. All voted in favor thereof. The license bonds of Lesmeister Brothers, Inc. in the amount of $7,500.•00 with the Travelers Indemnity Company as surety and the bond of Littrup Nielson in the amount of $1,000.00 with the Western Surety Company as surety were each read and upon motion by Tingley, second by McGuckin, the bonds were approved, the surety thereon accepted and the same were ordered placed on file. i The contract bonds of Carlisle G. Fraser, Inc. in the amount of $2,988.50 with the -Feder- . al Insurance Company as Surety and The Aetna Casualty and Surety Company as surety for.H. C. Ormes Construction Company in the amount of $13,000.00 were read and the same were referred to the Mayor for his approval. _ The report of the City Treasurer for the month of November, 1959 was.read and President Kamm ordered the same placed on file.- _ The reports of the Clerk of Municipal.Court for the week ending December 4-.th, 1959 showing total criminal fines and costs.collected and.civil fees received.in the amount of $1,914.45 and • total remitted to the City Treasurer $1,149.05; and for the week ending December 11, 1959 showing total criminal fines and costs collected and civil fees received in the amount of $2,059.35 and total remitted to the City Treasurer $1,089.15 were each read and having been previously approved by the City Attorney, the same were ordered placed on file. The following claims were each read and -upon motion by Morris, second by Tingley, 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: Stanley F. Drip's, Postmaster, $183.79; Peoples Natural Gas Co., $25.09; Surplus Property Utilization Brogram, $.30; Camera Center, Inc., $154.00; Business Services, Inc., $2.10; Willetta E. Hoglan, $68.20; Midwest Conference of Building Officials, $60.00; Cooperative Oil Company, $69.70; Mrs. Richard Ferber, $106.50; Marie Bolton, $119.25; Municipal Finance Officers Record of Official Proceedings -of the Common Council of the City of Rochester, Minrfl, December 2.1;. 1959 3 e.3 , O SWALD PUBLISHING CD., NEW ULM, MINN. 9191 Officers Association, $30.00; C. A. Armstrong, $29.00; Deiter_Paper & Marine Supply, $5.50; F. W. Woolworth Company, $3.02; John D.. Carney, $72.05; E. H. Boeckh & Associates, $10.00; Marchant Calculators, $35.00; Leitzen Concrete Products, $189.00; U. S. Conference of Mayors, $100.00; A. M. Ackerman, $19.50; Rochester Personnel Association, $5.00; Schmidt Printing Company, $.90; N. W. Bell Telephone Company, $106.29; N. W. Bell Telephone Company, _$80.00; Bergstedt Paint Company, $19.75; China Hall, $4.25; R. C. Drips Grocer Company, $13.30; C. B. Cooper, $3.50; Arnold's Supply Company,.$39.66; Quality Printing Company, $289.02. From the Street & Alley Fund: Paper Calmenson & Company, $40.76; Standard Oil Company, $46.20; Fire & Safety, Inc., $11.50; Herbert G. Knopp, $1.33; Patterson Quarries, Inc., $133.90; • Ruffridge Johnson Equipment•Company, $70.50; Walker Hardware, $1.15; City of Rochester, P. I. R. Fund, $149.95; Witte Transportation Company, $2.75; National Bushing & Parts, $23.45; Scotty's Shell Service, $16.30; From the Fire Protection Fund: N. W. Bell Telephone Company, $40.80; Peoples Natural Gas Company, $86.90; National Bushing & Parts $9.24; City of Rochester, $1.25; Schmidt Printing Company, $65.98; Woodhouse Brothers, $21.70; Gopher Welding Supply, "$,15.80; Industrial Towel.Service, $17.31 Fire & Safety, Inc., $113.10; From the Police.Protection Fund: N..W. Bell Telephone Companym $53.80; Carl J. Briese, $22.50; T. W._Wellner, M.D., $110.00; Arnold's Supply Company, $4.74; Guy E. Barnes, $9.50; Feder- al laboratories, Inc., $2,.25; Elliott & Hanson Company, $14.05; N. W. Radio & Electronics, $12.83; Dale Thul, $36.48; Beckley Business Equipment, $20.30; Pako Photo, Inc., $50.64; National Bushing & Parts, $22.35; Scotty's Shell Service, $75.21; From the Sewer Fund: N. S. Bell Telephone Company, $21.25; Witte Transportation Company, $6,46; Peoples Natural Gas Company, $10.36; S. M. Supply Company, $9.60; Minnesota Onan Corporation, $30.20; S. M. Supply Company, $.45; Continental Oil Company, $56.12; Fairbanks, Morse & Company, $108.17; Welborn Welding Company, $10.50; From the, Auditorium Fund: Peoples Natural Gas Company, $10.12; Schmidt Printing Company., $7.00; Louis.Canar, $10.00; Am&rican Linen Company, $10.50; Fuller Brush Company, $62.28; Arnold's Supply Company* $79.56: Adams, $6.00; H. Dornack & Sons, $15.12; Squires Electric Company, $69.70; • Brumm Hardware, Inc., $450'00; Railway Express Agency, $8.43; E. T. Watkins Electric Motor Service, $14.95; Gleason Decorating Service, $147.00; - From the Lighting Fund: City of Rochester, P. U., $22.50. From the Parking Meter Fund:, Stanley F. Drips Postmaster, $15021; National Bashing & Parts,, $11.68; A. J.-Gerrard, $28.45; The Rochester Visitor, $10.00; Williams Printing Company,•$12.50; Parking Meter Repair Service Center, $54.00. From the Park Improvement Company, City of Rochester, P. U., $22.81. From the P. I. R. Fund:. Twin City -Testing & Engineering, $65.75; The following resolutions were each read and upon motion made, seconded and all -voting in favor thereof, President.Kamm declared the said resolution duly passed and adopted: Resolution confirming report of COMMISSIONERS -ON CONCEMNATION•OF PARTS OF LOTS 7 & 8, BLOCK 2, COOK SUBDIVISION IN THE CITY OF ROCHESTER, OLMSTED COUNTY, MINNESOTA FOR PUBLIC STREET & • ALLEY PURPOSES. Upon motion by McGuckin, second by Morris, resolution adopted. 384 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., December.21, 1959 Resolution authorizing and directing the City Clerk to -advertise for sealed proposals for the furnishing of -gasoline for use in the various city•departments•. Upon motion by Morris, second v by Haas, •resolution adopted. Resolution authorizing and directing the Mayor and City Clerk to execute lease for the building located at 22k Third•Street S.W. Upon motion by Maas, second by Morris, resolution adopted. Resolution approving plans and special provisions for the•improvement of Trunk Highway ;Number 59 renumbered as Trunk Highway Number 63 within the limits of the City of Rochester. Upon motion by Wilkus, second by Hanlon, resolution adopted. Resolution providing for no encroachment of any kind on the right of way on Trunk Highway Number.59.renumbered as Trunk Highway Number 63 within the.corporate limits of the City of Rochester, Minnesota. Upon motion by Wilkus, second by Tingley, resolution adopted. t Resolution authorizing the Public Utility Board to enter into contract•with GENERAL CABLE CORPORATION. Upon motion. by Tingley, second by Wilkus, resolution adopted. Resolution authorizing •the Public Utility Department to enter into contract with BEMEL AUTO PARTS, INC. Upon motion by Tingley, second by Morris, resolution adopted. Resolution accepting deed given City of Rochester by Builder's Land Company for the conveyance of Outlot 1,.Elton Hills Fourth Subdivision.. Upon motion by McGuckin, second by Mortis, resolution adopted. Resolution appropriating $890.92 from the General Fund and $274.08 from the Permanent Improvement Fund and ordering payment made to Train City Testing & Engineering Laboratory, Ibc. Upon motion by Morris, second by Haas, resolution adopted. Resolution appropriating.$620.00 from the Permanent Improvement Fund and ordering payment made to Soil Exploration.Company. Upon motion by McGuckin,-second by Morris, resolution adopted. Resolution appropriating.$63,219.18 from the General Fund.and ordering payment made to (Quality Printing Company, $289.02; Public Health & Welfare Fund, $43.630.66; Riverside -Sand & • Gravel Company, $1,050.00 and Public Employees Retirement Association, $18,349.50. Upon motion by Hanlon, second by Wilkus, resolution adopted. Resolution appropriating $4,762.29 from the General Fund and ordering•payment made to Minnesota Bridge Company, $816.00; Herbert.G. Knopp Agency, $236.22; Riverside Sand & Gravel Company, 1$1,357.50 and Borchert -Ingersoll, Inc, $2,352.57. Upon motion by Wilkus, second by Morris, re-. (solution adopted. Resolution appropriating $8,522.32 from the P. I. R..Fund and ordering payment made to Carlisle G.,Fraser, Inc., Upon motion by Wilkus, second by Morris, resolution adopted. • . Resolution appropriating $796.22 from the P. I. R.-Fund and ordering payment made to Carlisle G.-Fraser, Inc. Upon motion by Wilkus, second by McGuckin, resolution adopted. Resolution appropriating $2,178.13 from the P. I. R.*Fund:and ordeing.payment made to Carlisle G. Fraser, Inc. Upon motion by Wilkus, second by Morris, resolution adopted. Resolution appropriating $1,031.56 from the General Fund, $3,712.52 from the S & A Fund, 1$60.73 from the Fire Protection Fund, $2,215.82 from the Sewer Fund, $21.60 from the Bridge Fund, • 1 1 1 1$7,269.30 from the Lighting Fund and $11.88 from the Parking Meter Fund and ordering payment made to • U yam. Cam: • 1 1. • u Record of Official. Proceedings of the .Common Council of the City of Rochester, Minn.,- December- 21; 1959 OfiwAI D_P_U BLIS NI, N,D CD. .N EW 11LM� MIN N. 9181 City of Rochester, P. U., $9,619.16; Street & Alley Fund, $4,357.54 and Firestone Stores, Inc., $636.81. Upon motion by Wilkus, second by McGuckin, resolution adopted. Resolution appropriating $1,260.55 from the Fire Relief Fund, $12,447479 from the Police Protection Relief Fund and $555.00 from the Parking Meter Fund and ordering payment made to Brandt Automatic Cashier Company, $555.00; Archie M. Ackerman, Treasurer, Police Relief Association, $12,447.79 and J..G..Norman Piche, Treasurer. Fireman's Relief Association, $1,260.65. Upon motion by Morris, second by McGuckin, resolution adopted. Resolution appropriating $3,589.14 from the Street & Alley Fund and ordering payment made Phillippi Equipment Company, $1,921.00; H. T. Earle, $346.75; Doyle Conner Company, $728.67; Inter- national Sale Company, $354,24; Alvin Benike, $238,48. resolution adopted. Upon motion by•McGuckin, second by Morris, Resolution appropriating $1,180.98 from the Auditorium Fund and ordering payment made to Park Department $902.48;-Surety Waterproofing Company, $278.50. Upon motion by Wilkus, second by Tingley, resolution adopted. Resolution appropriating $20,653.63 from the Permanent Improvement Fund and ordering pay- ment made to Palda & Sons, Inc. Upon motion by Wilkus, second by Morris, resolution adopted. Resolution appropriating $26,328.43 from the Permanent Improvement Fund and ordering pay- ment made to Palda & Sons, Inc., Upon motion by Mortis, second,by McGuckin, resolution adopted. Resolution appropriating $1,281.48 from the Sewer Fund and ordering payment made to Adler Steel Products Company, $480.00; Cutler Magner Company, $448.00 and Peoples Natural Gas Company, $353/48. Upon motion by McGuckin, second by Morris,'resolution adopted. Resolution appropriating $618.31 from the Sewer Fund and ordering payment made to Carlisle G. Fraser, Inc. Upon motion by Wilkus, second by Morris, resolution adopted. Resolution appropriating $577.82 from the Police Protection Fund and ordering payment made Marian Munn, $240.00 and Postier & Eggers Company, Inc., $337.82. Upon motion by Wilkus, second by Morris, resolution adopted. An Ordinance Amending an Ordinance Entitled "An Ordinance Providing for the Licensing of Certain Dogs; Providing for Apprehension and Disposition of Dogs unlawfully Running at Large; Pro- viding for the Vaccination of Dogs for Rabies; Providing Other Regulations Governing Dogs; and Pro- viding a Penalty for Violation", the Same Being Ordinance No. 995 was given its first reading. Mr. Don Soderberg was present and opposed the confining of dogs. The following Ordinance was given its first Reading: "AN ORDINANCE PROVIDING FOR THE USE OF THE PRIMARY ELECTION SYSTEM FOR CHOOSING NOMINEES FOR CITY OFFICES; ESTABLISHING THE DATE FOR SUCH CITY PRIMARY ELECTIONS; AND ESTABLISHING THE HOURS DURING WHICH THE POOLS SHALL REMAIN OPEN FOR REGULAR MUNICIPAL OR "CHARTER ELECTIONS" AND CITY PRIMARY ELECTIONS." The Common Council of the City -of Rochester do ordain: Section 1. Primary -Election System. Pursuant to the authority contained in Section 205.11 of the Minnesota.Statutes, the Common Council of the City of Rochester, Minnesota, hereby elects to choose nominees for City Officers by the primary election system set forth in Chapter 205 of the Minnesota Statutes. Section 2. Election -Date. The City Primary election shall, -be held two weeks before the regular municipal or."charter election." Section 3. Hours for votink.--The hours during which the pools shall remain open for vot- ing in all regular municipal or "Charter Elections" and in all City Primary elections shall, Record of Official Proceedings of the Common Council of the City of Rochester, Minn. December _ 21, ,1959 • OSWALD PUBLISHING ED_ NEW CALM. MINN. 9181 nine be from ssEtsa o'clock in the morning t9:00 a.m.) to seven d'clock id the evening (7:00 p.m.P., Section 4. This ordinance shall take effect and be in force from and after.its official publication". I A motion was then made by Wilkus, second by Tingley that Section 3 of the above ordinance be amended to read "from seven o'clock" in the morning to "seven o'clock" at night. All voted in favor thereof. Upon motion by Haas, second by Hanlon and upon roll call and all voting in favor thereof, the rules were suspended and the ordinance as amended was given its second reading. Upon motion by Wilkus, second by.Haas, and upon roll call and all voting in favor thereof; the ordinance as amended was given its third and final reading. A motion was then made by Morris, second by McGuckin that the . ordinance be adopted as read. All voted in favor thereof and President.Kamm declared the said ordinance duly passed and adopted. A letter from the City Planning and Zoning Commission requesting additional office space for their department was read and the same was referred to the Committee appointed.to work on additional office space at the City Hall. Cammittees). _ (The Committee composed of the Chairmen,of the three Council Alderman Hanlon stated that they had talked about a possible fire hall site in Northwest Rochester and some of the Aldermen had gone out and viewed the property but now find that the pro- perty they had viewed had been sold. Frank Everett, Fire Chief, said that there was an area South of Elton Hills Drive and West of Thomas' First Addition which he thought would be very suitable. A motion was then made by Hanlon, second by Wilkus, that the City go ahead with condemnation proceed- ings to acquire a fire hall site and that W. J. Zweifel, Gerald Thorkelson and William Suk be appoint- ed as appraisers and the City Attorney prepare the necessary resolution starting the proceedings. All voted in favor thereof. The matter of the,'number of "on and off" sale liquor licenses in the City of Rochester was then discussed and a motion was made by Hanlon, second by Haas, that the City Security Committee re- view the ordinances setting forth license procedure for on and off sale liquor licenses for the purpose of making up-to-date improvements. All voted in favor thereof. Upon motion by Morris, second by McGuckin, the meeting was adjourned. CityUClerk 4� • 1 1 0