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HomeMy WebLinkAbout08-01-1960Record .of Official: Proceedings of .the: Common Council of the City of Rochester,-. Minn., August :1, 1960 . 65 1 • 1 • 1 Minutes of a regular meeting of the Common Council of the City of Rochester, Minnesota, held in the Council Chambers in the City Hall in said City on August 1st, 1960. President Tingley called the meeting to order at 2:00 o'clock P. M. with the following members being present: President Tingley, Aldermen Brooks, Gifford, Stadler, Wilkus and Wilson. Alderman Morris arrived at 4:00 o'clock P. M. Upon motion by Wilkus seconded by Stadler the minutes of the meeting of July 18, 1960 were approved. Alderman Tingley stated this as being the time and place set for receiving and opening bids for the following: Bids for the construction or reconstruction of a sidewalk at 8 separate locations. The following bids were each opened and read: H. T. Earle, Sr. in the amount of $2,756.00; Ed Mahoney) in the, amount of $3,127.90; C. M. Boutelle & Sons, Inc., $2,925.00; Stephan B. Woodward in the amount of $2,720.50 and E. J. Vonch in the amount of $2,851.50. Upon motion by Brooks, second by Gifford the bids were referred to the Public Works Committee and the City Engineer for tabu- lation and recommendation. All present voted in favor thereof. Bids for the construction of a curb and gutter on the south side of 3rd Street Southeast from Broadway to one-half Block East. The following bids were each opened and read: H. T. Earle, Sr., $1,202.45; Doyle Conner Company, $1,226.15; C. M. Boutelle & Sons, Inc., $1,197.50.. Upon motion by Wilson, second by.Brooks the same were referred to the Public Works Committee and the City Engineer for tabulation and recommendation. All present voted in favor thereof. Bids for the bituminous resurfacing of East Center Street from Broadway to 2nd Avenue Northeast. The bid of Rochester Sand & Gravel Company in the amount of $18,191.60 was received and read. Upon motion by Wilson, second by Brooks, the bid was referred to the Public Works Committee and the City Engineer for tabulation and recommendation. All present voted in favor thereof. Bids for the grading and surfacing of 18th Street Northwest in the Markay Addition and the regrading and surfacing of 18k Street and 18th Avenue Northwest intersection. -The bid of Leon Joyce in the amount of $3,093.21 was received and read.. Upon motion by Brooks, second by Wilson, the bid was referred to the Public Works Committee and the City Enginner for tabulation recommendation. All present voted in favor thereof. Bids for the construction of a curb and gutter on 7th Avenue Northwest from 3rd to 4th. Street Northwest and on 4th Street Northwest from 6th to 7,th Avenue Northwest. The bid of H. T. Earle, Sr. in the amount of $4,472.74, C. M. Boutelle & Son in the amount of $4,793.00 and Doyle Conner Company in the amount of $4,737.91 were each received and opend. Upon motion by Gifford, second by Stadler, the bids were referred to the Public Works Committee and the City Enginner for tabulation and recommendation. All present voted in favor thereof. Bids for the bituminous resurfacing of.2nd Street Northwest from Broadway to 3rd Avenue Northwest. The bid of Rochester Sand & Graved Company in the amount of $15,682.35-was received and opened. Upon motion by Wilson, second by Stadler, the bids were referred to the Public Works Committee and the City Engineer for tabulation and recommendation. All voted in favor thereof. 11 658 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., August l, 1960 Bids for the furnishing of Seating and Miscellaneous furnishings at the Terminal Building at the Municipal ('new) Airport. The following bids were received and opened: Beckley Business Equipment Company in the amount of $4,865.50; Glenn E. Miller, Int., Inc. in the amount of $5,155.00 and The Dayton Company in the amount of $6,661.10. Upon motion by Wilkus, second by Stadler, the bids were referred to the Airport Commission for tabulation and recommendation. All present voted in favor thereof. The Mayor's appointment of Mr. Fredrick J. Furlow of 709 9th Avenue Southwest and Mr. William F. Sperling of 227 8th Avenue Northwest to the Library Board to serve for three years and whose term of office shall expire the third Saturday in July, 1963 was read. Upon motion by Stadler • second'by Wilson, the appointments were confirmed. All present voted in favor thereof. A letter from Mr. John Bakke, -'Personnel Manager, requesting approval of the granting of a leave of absence'to Dana Lund, 'an employee of the Street & Alley Department, due to illness was read. Upon motion by Brooks, second'by Gifford, the request was approved and the leave of absence was granted. All voted in favor thereof. Letters from the following offering for sale their property located on 5th Street North- west was read: Alvin & Verna Fallon of 420 7th Avenue Northwest; Mr. & Mrs. G. H. Buske of 416 5th Avenue Northwest; Mr. Lloyd Bennett of 425 6th Avenue Northwest and Gustave & Mayme Halvorson of 925 5th Street,Northwest. Upon motion by Gifford, second by Brooks, the letters were referred to the Public Works Committee. All present voted in favor thereof. A letter from Richard Rosaaen protesting the offer made to hime on his property at 839 5th Street Northwest was read. Mr. R. V. Ehrick, City Attorney, stated that this had just been an offer and if Mr.'Rosaaen was not satisfied, he could let the same go to condemnation. Alderman Gifford stated that he did not feel that each person should be heard; that if they were not satis- fied with the offer, then they'should let it go to condemnation. Upon motion by Wilkus, second by Stadler, the letter was ordered placed on file. All present voted in favor thereof. A letter from Frank L. Williams and Donald T. Peterson submitting an application for "off. Sale" liquor license was read and the same was ordered placed on file. A letter from William Smalley inquiring what action had been taken on the request of businessmen-. regarding diagonal parking was read. Alderman Stadler stated that the committee felt there should be an over all parking plan instead of just taking a few pieces at a•time and that was why this request had been referred to the Mayor's Parking and Traffic Committee in order to get it in an over all parking plan. Upon motion by Gifford, second by Wilkus, this letter was referred to the Mayor and he in turn was going to submit it to the Mayor's Parking and Traffic Committee. All present voted in favor thereof. A letter from the Security Armored Car Service inquiring as to what policy was set by the Council regarding the Police Department in providing escort service to outlying merchants carrying money to and from banks was read. Upon motion by Gifford, second by Wilson, the same was referred to the Public Safety Committee. All present voted in favor thereof. A letter from Wm. Janvrin of 1208 4th Avenue Southeast questioning some of the -services of the Police Department and the City Attorney was read. Upon motion by Wilson,. second by Wilkus, the • Record of Official Proceedings of the Common Council of the City of Rochester; Minn., August 1, 1960 659 1 • 1 1 u L letter was referred to the Police Civil Service Commission. All voted in favor thereof. A letter from Mads Fiksdal requesting that parking meters in St. Marys district be -for 2 hours rather than 1 hour was read. Upon motion by Stadler, second by Wilkus, the matter was referred to the Mayor's Parking and Traffic Committee. All present voted in favor thereof. The following resolutions adopted by the'Public Utility Board were each read: "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 GRAYBAR ELECTRIC COMPANY, INC., for the furnishing, in accordance with specifications on file, of 150 Western Red Cedar Poles - Trade Name - National Pole, the total amount of the said contract to be SEVEN THOUSAND SEVEN HUNDRED TWENTY SEVEN DOLLARS AND FIFTY CENTS ($7,727.50) and the said Graybar Electric Company being the lowest responsible bidder." Upon motion by Stadler, second by Gifford, the resolution was approved. All present voted in favor thereof. "WHEREAS, it is the opinion of the Public Utility Board -of the City of Rochester, that the further repair of the Hydro Electric Dam is necessary, and WHEREAS, it is the opinion of the said Board that it would be in the best interest of the City of Rochester to make the said repair in the summer and fall months of the year in order to obtain more satis- factory and more economical work, and WHEREAS, such a program of repair cannot be satisfactorily accomplished without draining the lake, THEREFORE, be it and it is hereby resolved by the Public Utility Board of the City of Rochester that the said Board does hereby express its intent to drain said lake beginning July 1st, 1961 and to make such repairs and the said Board does hereby request the Common Council to express its approval of this proceedure." A motion was then made.by Stadler, second by Wilkus, that the resolution be approved and the City concur with the Public Utility Board in their action and that if necessary the Mayor look favorab in issuing an emergency order to do this work. All present voted in favor thereof. A letter from the Mayor's Parking and Traffic Committee again submitting their rec-- mend- ation that the property north of the Water Department pumping station and West of the Health Center be developed as a public parking lot was read. Mr. C. R. MacDonald presented a sketch of the area involved. He stated that they had estimated the cost of this lot to be about $10,000.00 and would make 100 stalls at $100.00 a piece. He said that due to the'fact that much of the down town parking was now parallel a good number of the parking spaces had been ommitted and provisions had to be made for more parking spaces. Mr. Allan Sonnenklar, Mr. Gordon Peterson, Mr. George Leiferman and Mr. Virgil Elliott also spoke in support of developing this parking lot. After a lengthy discussion on the same, a motion was made by Brooks, second by Stadler that this matter be referred back to the Public Safety Committee for further study and recommendation. All present voted in favor thereof. Alderman Tingley then stated that a request had been made by the Jaycees that Mr. C. A. Cottingham, City Weighmaster, be allowed to weigh cattle for the 4-H Club on August 12th at the fair grounds. Mr. Cottingham could make.the,proper arrangements. The Council had no.objection of him giving this service. Upon motion by Wilson,'second by Brooks, a ten minute recess was declared at 4:00 o'clock 660 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., All-gilat 1S 1960 OSWALO PUBLISHING CO., NEW ULM MINN. 9181 P. M. A letter from the Airport Commission requesting that the Council approve directing Archf- tects to prepare modification for safety adjacent to the Terminal Building at the Rochester Munici- pal Airport was read. -Upon motion by Brooks, second by Gifford, the same was approved. All voted in favor thereof. A letter from the Airport Commission requesting that a change order be prepared for the finished grading on fixed base operators area at the new airport was read. Upon:motion by Gifford second by Stadler, the request was approved. All voted in favor thereof. The City Engineer's -preliminary estimate in the amount of $5,109.00 for the construction of a curb and gutter on both sides of 7th Avenue Northwest from 3rd to 4th Street Northwest and on 4th Street.Northw4st from 6th to 7th Avenue Northwest; $2,625.20 for the grading and surfacing 18th Street Northwest and,the intersection of 18k Street and 18th Avenue Northwest in the Markay Addition; $18,184.25 for the bituminous resurfacing of Bast Center Street from Broadway to 2nd Avenue Northeast; $1,146.50 for the construction of a curb and gutter on the south side of 3rd Street Southeast from Broadway to kS Block East and in the amount of $15,644.40 for the bituminous resurfacing of 2nd Street Northwest from Broadway to 3rd Avenue Northwest were each read and President Tingley ordered the same placed on file. The resignation of Paul T. Plantz as electrical inspector for the City of Rochester effective August 17th, 1960 and also requesting that he be placed on a 3 month leave of absence from August 17th, to November 17th was read. Upon motion by Morris, second by Gifford, the resignation was accepted and he was granted a 3-month leave of absence without pay and the Personnel Director, was instructed to proceed with replacement in this job. All voted in favor thereof. A letter from The Kahler Corporation inviting the members of the Council to the opening of the new Inn Towne Motel on August 8th was read and President Tingley ordered the same placed on file. A letter from Mr. - William Cassidy requesting permission to connect to the sanitary sewer line which is now. approximately 35' from his lot was read. He stated that he realized that the property was not in the city limits but it was joined on three.sides by Sunset Terrace. Upon motion by Brooks, second by Morris, the same was referred to the Public Works Committee. All voted in favor thereof. The,following recommendation.was read and upon motion by Morris, second by Wilkus, the same was approved. All voted in favor thereof: "We ,the undersigned members of the Finance Ways and Maans Committee hereby recommend that the following list of outstanding checks be cancelled. (These were listed and recommended by R. C. Andrews, City Finance Officer.) Ch k Date Payee General -Fund: Aug. 7, 1956 Casualty Underwriters Aug: 5, 1958 Coedman Sales Corp. Total Sewer Fund Oct. 3, 1956 Dodge Property ec Purpose Number Damage to vehicle by oil spray 22659 Inv. No. 3382-3419 40184 Damage for Perm.San. Sewer & Temp. Sewer 24138 easegient Amount 5.00 42.r45 -105:00 1 • 1 1 • 1 LJ Record of Official ,Proceedings of the Common Council of the City of .Rochester, Minn:, August 1. 1960 6.6 0•d 1 u A Lighting Fund Aug. 20, 1957 Minn. Wis. Truck Lines Pro No. 438276 Mar. 19, 1957 Idding Paint Co. Ict Painting LibraryFund• Dec. 9, 1958 Coedman Sales Corp. Band, -Fund? Apr. 6, 1956 R. L. Polk & Co. Parking Meter Fund-: July 11, 1956 Nat. Assn. Of Home Builders June 11, 1956 Geo. Ti Walker Mar. 18, 1958 Mrs. L. Hanson Records Book 31846 28218 43315 19812 Inv. No. 1068 21192 Inv. #28956; 28660; 27686 21215 Services in Nutrition Kitchen 36752 Total Park 'Fund: July 22, 1958 Seven Up Bottling Co. As billed. 39845 Public Health Fund: June 17, 1958 Roch. Book Bindery P..H. Report 39089 P. -I. R. Fund: July.12, 1957 Gopher Welding Inv. #24604 37028 Public Utility Fund': - Dec. 30, 1958 Kiplinger Washington Editors. 1 yr. renewal 43862 Total Amount of Checks Cancelled Checks Outstanding -to •be -Cancelled •from -Payroll -Fund July 1, 1960 Check Date Payee Fund Number Oct. 16, 1956 Donald McRae Park 9077 Nov. 30, 1956 Albert Wilson Auditorium 10402 Nov. 30, 1956 Pete Keifer Auditorium 10405 Nov. 30, 1956 Lou Metz Auditorium 10406 Dec. 31, 1957 Barbara Smith Auditorium 3171 July 31, 1958 Jon Olson Park 10149 Aug. 15, 1958 Wallace R. Frentz Sewer-Eng.Dept.10561 Nov. 15, 1958 Winchell McCraig Gen. -City Clerk13232 Nov. 29, 1958 Brenda Bidwell Gen. -City Clerk 13662 Feb. 28, 1959 Nancy Anderson Auditorium 17127 Recapitualtion: General Fund Park Fund Auditorium Fund Sewer Fund 6.60 67. 66 74.26 62.81 -35. 00 3.00 26.89 -4:00 33:89 10:85- _3.,; 70 -6:90 24.= 398'.�86 Amount 93.40 11.00 11.00 11.00 3.00 6.00 38.27 25.00 6.66 '4 r25 ZlO.;38 31.66 1" 100.20 40.25 38.27 210.381 The recommendation of the Public Safety Committee that.the compensation for school cross- ing guards be increased from $4.00 to $6.00 per day was read and further recommending that the school crossing guards be used at the following 3 locations previously protected: (1) 14th Street and 14th Avenue Northeast (2) 9th Street and North Broadway (3) 8th Avenue and 12th Street Southeai The Committee further recommended that school crossing guards be used at the following (3) three new locations: (1) One guard for the areas of llth Avenue and East Center, 4th Street and llth Avenue Southeast and 4th Street and 13th Avenue Southeast. (2) One guard.for llth Avenue and West Center Street (3) One guard for the area of 14th Street Northwest and 13th Avenue and 12th Street N.W. and llth Avenue. Upon motion by Wilkus, second by Wilson, the recommendation was approved. All voted in favor thereof. The recommendation of the Public Safety Committee that parking on the East side of 6th Avenue Southwest between 2nd Street & Center Street and on the west side of 6th Avenue Northwest between 1st Street and Center be prohibited on school days between 7:00 A. M. and 5:00 P. M. was it. 0 read and uponsmotion by Wilkus, second by Wilson, the recommendation was approved. All voted in 662 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., August 1, 1960 11 n U favor thereof. The recommendation of the Public Safety Committee that the City of Rochester advertise for bids for a fixed time traffic signal to be installed at the intersection of llth Avenue Northwest and 5th Street; that bids be taken for this project excluding the concrete bases and the,cast metal bases was read. Upon motion by Wilkus, second by Gifford, the recommendation was approved. All voted in favor thereof. The recommendation of the Public Safety Committee that the City replace two old signal heads at 2nd Street and llth Avenue Southwest without bids was read. Upon motion by Wilson, .second by Wilkus, the recommendation was approved. All voted in favor thereof. The recommendation of the Public Safety Committee that a fixed time traffic signal be installed at the intersection of llth Avenue and 7th Street Northeast on a temporary basis without. bids was read. Upon motion by Wilson, second by Morris, the recommendation was accepted. All voted in favor thereof. The recommendation of the Public Safety Committee that the petition of 88 people request- ing bus transportation on llth Avenue Northwest, past 4-� Street and also to serve the Northgate Shopping Center was read. Upon motion by Stadler, second by Brooks, the recommendation was accept- ed. All voted in favor thereof. The recommendation of the Public Safety Committee that a bus stop be established on.the South side of 2nd'Street Southwest, East of the pedestrian crossing at the employee's entrance to St. Mary's Hospital for a distance of 50 feet more or less was read. upon motion by'Stadler, second by Morris, the recommendation was approved and the City Attorney was instructed to draw the necess- ary resolution making this change effective. All voted in favor thereof. The recommmendation of the Public Safety Committee that two officers be authorized to attend the Annual Retraining Session of the Northwest Chapter of the National Academy Associates to be held in Minneapolis, August 18th, 19th and 20th. President Tingley recommended that authorization be given to the three police officers that belong to this association namely Macken, Fitzpatrick and Crowe. Upon motion by Morris, second by Stadler, permission was granted for the three officers to attend. All voted in favor thereof. The recommendation of the Public Works Cammnittee that the Parking Lot east of the audit- orium be resurfaced out of the Parking Meter Funds and that bids be advertised for "Resurfacing the Auditorium Parking Lot" and estimate the cost to be $9,400.00 was read. Upon motion by Wilkus, second by Morris, the recommendation was approved. All voted in favor thereof. The report of the City Engineer that the petition requesting the construction of a curb and gutter on the east side of 36th Avenue Northwest from 3rd Street Northwest to 3rd Place North- west and on 5th Place Northwest from 5th Street Northwest to 6th Street Northwest is feasible and recommends their construction and estimating the cost at $8,500.00 was read together with a re - con endation from the Public Works Committee that the construction be done. Upon motion by Gifford, second by Wilson, the report was accepted and the recommendation approved. All voted in favor thereof. The following recommendation of the Public Works Committee was read: • 1 1 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., August .1, 1960 6O13 "Re: Miracle Mile Hydrant & Main Xxt. The matter of more fire hydrants at the Miracle Mile Shopping Center has been discussed with the Fire Chief and the Water Department. Our joint recommendation for an adequate main and hydrant system for the existing buildings is as follows: �:. Place a hydrant on the east line of TH 52 right-of-way at the south line of the driveway which is an extension of 2nd St. N.W., and connect it with a 6" tpain to the main inI,i6th::Avenue N.W. and the main that crosses thru the Mall (which is an exten- sion of 1st St. N.W.) The estimated cost is $6,000.00. We recommend that this construction be made as a local improvement project and the costs assessed against the benefitted properties." As long as this was going to be assessed tothe Miracle Mile job and the same had been initiated by • the Common Council, it was suggested that the owners be informed as to how this.was going to be handled. President Tingley ordered the recommendation tabled until the next meeting and C. A. Armstrong, City Engineer, was instructed to inform the Miracle Mile owners of this proposed project The recommendation of the City Planning and Zoning Cx- ission stating that they had reviewed the revised preliminary plan of Cascade Center and the City Engineer's report on the question of permitting additional access points onto 5th Street Northwest which is a limited access thoroughfare and after discussion on this questing the Commission recommends that there be no access permitted to 5th Street Northwest, other than those access points previously designated on the City Engineer's plans, and that 5th Strat N. W. be maintained as a limited access roadway as planned was read. President Tingley stated that it was his impression that the said Commission had previously reported just the opposite. That when the property would be taken in, it would be zoned as commercial. R. V. Ehrick, City Attorney, explained that all property when annexed; came in as residential and a petition for a zone change would have to•go through the Planning Commissioi and an ordinance would have to be adopted making the zone change and to his knowledge no such a petition had been presented yet. However, a zone change could not be made until it was annexed. A motion was then made by Gifford, that the recommendation of the Planning and Zoning Commission be approved. President Tingley declared his motion lost for want of a second. After further discussion, a motion was made by Brooks, second by Wilson that the recommendation of the Planning and Zoning Commission be disapproved. All voted in favor thereof,,except Gifford, who voted "no". Upon motion by Brooks, second by Morris, the meeting was adjourned until 7:30 o'clock • P. M. President Tingley called the meeting to order at 7:30 o'clock P. M. with the following members being present: President Tingley, Aldermen Brooks, Gifford, Morris, Stadler, Wilkus and Wilson. President Tingley stated this as being the time and place set for the following hearings: Hearing on the construction of a sanitary sewer and watermain to serve the West Zumbro Addition and unplatted lands East of the Addition. Mr. John Sloan was present and urged that the Council start this project as soon as possible as the water and sewer situation was very bad. R. V. Ehrick, City Attorney, recommended that this hearing be continued until September 6, 1960 anc that all previous actions regarding the construction of sewer and water be ratified. However, he said the plans and specifications could be approved and bids ordered for September 6th. He then explained that the city had received a writ of Quo Warranto and that the City would file a return 664 Record of -Official -Proceedings of the Common Council of the City of Rochester, Minn., August 1, 1960 is to this complaint denying certain allegations -particularly the one that states that the petition was not -valid. He said this would be heard before Justice Nelson in St. Paul and it was his opinion that a referee would be appointed for a -time set for taking testimonies. He said it was impossible for hime to -estimate when this would finally be disposed of .but thought the council could proceed up to but not accepting the contract on the work. Alderman Wilson then introduced a resolution approving plans and specifications, ordering a continued hearing and ordering bids for the construction of Section 1 of a sanitary sewer and watermain to serve West Zumbro Addition and unplatted lands East of the Addition which was read. A motion was made by Wilson, second by Stadler, that the said resolution be adopted as read -and upon roll call and all voting in favor thereof, President Tingley declared the said resolution duly passed and adopted. Hearing on the grading and surfacing of 18th Street Northwest in the Markay Addition and regarding and surfacing of 18� Street and 18th Avenue Northwest intersection. There was no one present wishing to be heard and President Tingley declared the hearing officially closed. Hearing on the bituminous resurfacing of East Center Street from Broadway to 2nd Avenue Northeast - Southeast. -Mr. A. J. Hall was present and opposed the said project stating that he had paid previous assessments agianst this same property (corner of 1st Avenue and East Center Street). He questioned what the cost would be per front foot and also why it was not continued if out to the bridge. Mr. Hall also stated that/the Council were making improvements, they should consider West Center Street between 6th and llth Avenue where the street is very narrow and in bad condition. C. A. Armstrong, City Engineer, informed Mr. Hall that the cost of the assessment on East Center Street would be approximately $4.00 per front foot. This was based on 18 foot street width with the balance of the street being paid by general taxation. He also said there were no plans for doing any work between 2nd Avenue and the bridge as the City was not able to do all the streets at one time. Mr. Hall again stated that he was opposed to this project and would like his objection recorded in the minutes. There was no one else present wishing to be heard, so President Tingley declared the hearing officially closed. Hearingon the grading and surfacing and the construction of a sanitary sewer, watermain and sewer and water service connections..in•Northwood.2nd Addition. There, -was no one present wish- ing to be heard and President Tingley declared the hearing officially closed. Hearing on the bituminous resuffacing of 2nd Street Northwest from Broadway to 3rd Avenue Northwest. A letter from the Rochester Central Lutheran School Board opposing this improvement was read. Mrs. Paul Budy of 214 2nd Street Northwest was also present and opposed the improveipent to- gether with Mr'. Robert Ranfranz of 204 2nd Street Northwest. Mr. C. A. Armstrong, City Engineer, stated that -the Public Works Committee was considering recommending that there be no assessments on this as it was of a temporary nature and eventually there would be a widening and permanent program for which they would be assessed. The street in question is part of a primary route to include a new eastward extension of 5th Street Northwest. There was no one else wishing to be heard so President Tingley declared the hearing officially closed. - Mr. Steve Gromek was present and inquired if any decision had been arrived on the apprais- al for his property on-5th Street Northwest. R. V. Ehrick reported that no report had been received 1 C� 11 1 • 1 0 Record of Official Proceedings .of the Common Council of the City of Rochester, Minn., August 1, . 1960 66e" 1 • 1 1 • 1 from the appraisers to date. Mr. Roy Lovejoy.was before the council and stated that he had presented an application' to connect sewers and drains in the City of Rochester and the said application had been referred to the Public Works Committee. He stated that he had been doing work outside the City -and had two very capable men to assist him. He said that this work would -not interfere with his work as a policeman. C. A. Armstrong reported that he was not opposed to issuing this license -and also that he had talked to the Chief of Police and the Chief had no objection. A motion was then made by Wilkus, second by Wilson, that Mr: Lovejoy be issued a license to connect sewers and drains. All voted in favor thereof. The recommendation of the Public Works Committee and the City Engineer that the bid of H:.::T sEarIe,Sr. for the construction of a curb and gutter on both sides of 7th Avenue Northwest from 3rd to 4th Street Northwest and on 4th Street Northwest from 6th to 7th Avenue Northwest be accepted at the unit prices bid and checks be returned to the unsuccessful bidders was read. Upon motion by Morris, second by Stadler, the recommendation was approved. All voted in favor thereof. The recommendation of -the Public Works Committee and -the City Engineer that the bid of Leon Joyce for the grading and surfacing of 18th Street Northwest and the intersection of 18k Street and 18th Avenue Northwest in the Markay Addition, be accepted at the unit prices bid and checks be returned to the unsuccessful bidders was read. Upon motion by Wilson, second by Morris, the recommendation was approved. All voted in favor thereof. The recommendation of the Public Works Committee and the City Engineer that the bid of Rochester Sand & Gravel Company for the bituminous resurfacing of East Center Street from Broad- way to 2nd Avenue Northeast be accepted at the unit prices bid and checks be returned to the unsuccessful bidders was read. Upon motion by Wilkus, second by Stadler, the recommendation was approved. All voted in favor thereof. The recommendation of the Public Works Committee and the City Engineer that the bid of Rochester Sand & Gravel Company for the bituminous resurfacing of 2nd Street Northwest from Broadway to 3rd Avenue Northwest be accepted at the unit prices bid and checks be returned to unsuccessful bidders was read. Upon motion by Wilkus, second by Wilson, the recommendation was approved. All voted in favor thereof. The recommendation of the Public Works Committee that the bid of Stephen B. Woodward for the construction or reconstruction of sidewalks at 8 separate locations - Sidewalk Project #4-1960 be accepted at the unit prices bid and checks be returned to the unsuccessful bidders was read. Upon motion by Wilkus, second by Morris, the recommendation was approved. All voted in favor thereof. The recommendation of the Public Works Committee and the City Engineer that the bid of H. T. Earle, Sr. for the construction of a curb and gutter on the south sHe of 3rd Street South- east from Broadway to k block east, be accepted at the unit prices bid and checks be returned to the unsuccessful bidders; this is not the low bid but it is accepted upon recommendation of the City Engineer was read. Also a letter from Mr. C. A. Armstrong stating that the lowest bid 40 6 -6 6 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., August 1, 1960 OSWALO PUBLISHING CO., NEW ULM, MINN. 9181 t received for curb and gutter was offered by C. M. Boutelle but on the basis of our experience with Mr. Boutelle's work on several previous curb and gutter contracts, he could not,recommend accepting his bid and engaging him to perform this work;.therefore accepting the second lowest bid of H. T. Earle, Sr. as the lowest bidder that will perform the work in compliance with the specifications which was read. Upon motion by Wilson, second by Gifford, the recommendation was approved. All voted in favor thereof. The recommendation of the Rochester Airport Commission that the Counzl accept the bid of Beckley Business Equipment Company in the amount of $4,865,50 for seating and miscellaneous fur- nishings at the New Municipal Airport which was read. Upon ipotion by, Gifford, second by Morris, the recommendation was approved. -All voted in favor thereof. The recommendation of the Rochester Airport Commission that the Common Council aceept the following Change Orders.was read and upon motion by Gifford, second by Morris, the recommendation was accepted: 111. Change-Order-#6 to Kirckof Plumbing & Heating Company in the amount of $477.00 to substitute two refrigerated electric drinking fountains in the Terminal Building be approved. Due to use of storage tank temperature of drinking water will.be too high unless refrigerated. 2. Change Order #3, Kraus -Anderson in the amount of $142.03 to install borrowed light frame and glass in the Weather Building --requested by the Federal Government. 3. Change Order #6, Nietz Electric and Appliance Company in the amount of $354.47 to fur- nish and install electrical connections to two fuel dispensers. 4. Change Order #6, Nietz Electric & Appliance Company in the amount of $1937.47 for the installation of electrical connections for hand dryers in the toilet rooms, flight line, telephone connections,on.concourses and electrical connections for refrigerated water coolers. 5. Change Order #1, Quarve-Anderson, in the amount of $2,340.00, to complete rough grade of Gopher area in accord with Gopher lease agreement and bring acesss road along north side of Gopher area to meet this grade." A copy of Writ of Quo Warranto naming the State of Minnesota ex rel Michael Blee and Martha M. Blee, his wife Plaintiffs and Realtors vs. City of Rochester, a Municipal Corporation, Alex Smekta, its Mayor, Elfreida Reiter, its City Clerk, and -Frank J. Wilkus, Stanley Morris, Dr. Ray W. Gifford, Albert Tingley, Stanley J. Brooks, James R. Wilson and Lawrence B. Stadler, its Councilmen, Defendants and Respondents was presented and the same was ordered placed on file. An order to show cause from the Northern Natural Gas Company, a corporation d/b/a Peoples Natural Gas division, plaintiff vs. The City -of Rochester, a muntipal corporation, Alex P. Smekta, Albert J. Tingley, Stanley J. Brooks, R. W. Gifford, Jr., James R. Wilson, Lawrence B. Stadler, Stanley M. Morris, and Frank J. Wilkus, Defendants was presented and the -same was ordered placed on file. The application of Francis P. Claeys for a Journeyman Warm Air Heating, Ventilating and Air Conditioning Workers' License was read and upon motion by Morris, second by Gifford, the license was granted. All voted in favor thereof. The application of Robert B. Matheson for a Journeyman -Plumber's license was read and upon motion by Gifford, second by Morris, the license was granted. All voted in favor thereof. The applications of Reuben E. Radtke, Barkalow Bros. Company and C1ark,Oil.& Refining Co. for -a license -to sell cigarettes at retail andClark Oil & Refining Co. for a -license to sell soft drinks were each read and upon motion by. Wilkus, second by Wilson, the licenses were granted. All 1 1 • 1 voted in favor thereof. • ._Record of Official Proceedings .of the Common Council of the City of Rochester, Minn., August 1 1960 6671 1 T-4., 1 1 1 The application of William F. Hanson for a license to connect sewers and drains was read and upon motion by Gifford, second by Morris, the application was referred to the Public Works Committee. All voted in favor thereof. The report of the Clerk of Municipal Court for the week ending July 15, 1960 showing in the amount of $2,128.00 total criminal fines and costs collected and civil fees received/and total remitted to the City Treasurer $1,229.40 and for the week ending July 22, 1960 showing total criminal fines and costs collected and civil fees received in the amount of $1,930.00 and total remitted to the City Treasurer $1,233.00 were each read and having been approved by the City Attorney, the same were ordered placed on file. The license bond in the amount of $1,000.00 with the.Western Surety Company as surety was read and upon motion by Morris, second by Brooks, the bonds were approved, the surety thereon, accepted and the same was ordered placed on file. The contract bond of Doyle Conner Company in the amount of $2,434.97 with the Western Surety Company as surety was read and the same was referred to the -Mayor for his approval. The following resolutions were each introduced and read and upon motion made and secondec and all present voting in favor thereof, President Tingley declared the said resolution duly passed and adopted: Resolution ordering bids for the resurfacing of the Auditorium parking lot. Upon motion) by Brooks, second by Gifford, resolution adopted. Resolution ordering bids for the furnishing of fixed time traffic signal to be installed) at the intersection of llth Avenue Northwest and 5th Street Northwest. Upon motion by Gifford, second by Stadler, resolution adopted. Resolution odering examination of books and records for the fiscal year April 1, 1960 to April 1, 1961. Upon motion by Stadler, second by Gifford, resolution adopted. Resolution authorizing Public Utility Board to enter into contract with GRAYBAR ELECTRIC COMPANY. Upon motion by Wilkus, second by Wilson, resolution adopted. Resolution approving a resolution passed and adopted by the Public Utility Board relati to the repair of the Hydro Plant. Upon motion by Wilkus, second by Wilson, resolution adopted. Resolution determining adequacy of improvement petition, receiving preliminary report, ordering a public hearing and directing preparation of plans and specifications in respect to the following improvement(s): Construction of a curb and gutter on the East side of 36th Avenue N.W. from 3rd Street N.W. to 3rd Place N.W. and on 5th Place N.W. from 5th Street N.W. to 6th Street N.W. Upon motion by Brooks, second by Morris, resolution adopted. Resolution approving plans and specifications and ordering bids for the making of the following improvement(s): Construction of a curb and gutter on the east side of 36th Avenue N.W. from 3rd Street N.W. to 3rd Place N.W. and on 5th Place N.W. from 5th St. N.W. to 6th St. N.W. Upon motion by Gifford, second by Morris, resolution adopted. Resolution referring improvement petition for determination of adequacy, feasibility report and recommendation for the following improvement(s): Construction of a sidewalk on both 0 sides of 15th Avenue Northwest from 22nd Street Northwest to.14th Avenue Northwest. Upon motion 668 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., August 1, 1960 DBWALD PUBLISHING CO.. NEW ULM. MINN. 9181 by Morris, second by Brooks, resolution adopted. Resolution referring improvement petition for determination of adequacy, feasibility re- port and recommendation for the following improvement(s): Construction of a curb and gutter on the west side of 36th Avenue Northwest from 3rd Street Northwest to 3rd Place Northwest. Upon motion by Wilkus, second by Wilson, resolution adopted. Resolution appropriating $8,700.00 from the Permanent Improvement Fund and ordering pay - went made to Conrad F. Weivoda, Alma Weivoda, Albert J. Kujath and Beatrice Kujath. Upon motion by e Wilson, second by Brooks, resolution adopted. Resolution appropraiting $10,390.00 from the Permanent Improvement Fund and ordering payment made to Eugene E. O'Marro, Mary M. O'Marro, Edwin E. Atherton, Beda Atherton and The Horne Federal Savings and Loan Association. Upon motion by Brooks, second by Gifford, resolution adopted. Resolution appropriating $503.25 from the General Fund and ordering payment made to Richard G. Nietz $225�.00 and George E. Rohde, $278.25. Upon motion by Gifford, second by Morris, resolution adopted. Resolution appropriating $1,023.17 from the General Fund, $12.00 from the Fire Protection Fund, $66.53.from the Police Protection Fund and $922.09 from the Parking Meter Fund and ordering payment made to The Sanitary Company $908.61; H & H Electric Company, $580.78 and Ole's Floor Mart $534.60. Upon motion by Morris, second by Wilson, resolution adopted. Resolution appropriating $337.44 from the General Fund, $106.28 from the Parking Meter Fund and $75.00 from the Permanent Improvement Fund and ordering payment made to Main City Testing & Engineering Laboratory $218.12 and Stanley Drips, Postmaster $300.00. Upon motion by Wilkus, second by Wilson, resolution adopted. Resolution appropriating $777.43 from the Street & Alley Fund and ordering payment made to Phillippi Equipment CoVLpany $478.23 and Richard Cole, $299.20. Upon motion by Wilson, second by Wilkus, resolution adopted. ' Resolution appropriating $72.25 from the General Fund, $461.55 from the Police Protection Fund.and $385.25 from the Parking Meter Fund and ordering payment made to N. W. Bell Telephone Company, $330.00; 0 & 0 Sporting Goods, $203.80 and Gopher Stamp & Die Company, $395.25. Upon motion by Wilkus, second by Brooks, resolution adopted. Resolution appropriating $2,177.48 from the General Fund, $6,480.13 from the S & A Fund, $363.20 fron_the Sewer Fund, $20.80 from the Bridge Fund and $2.00 from the Parking Meter Fund and ordering payment made to City of Rochester, P. U., $5,015.79. Upon motion by Wilkus, second by Morris, resolution adopted. Resolution appropriating $644090 from the Sewer Fund and ordering payment made to Mc Kesson & Robbins Company, $388.40 and Lyon Chemicals, Inc., $256.50. Upon motion by Morris, second by Stadler, resolution adopted. Resolution appropriating $1,349.97 from the Street & Alley Fund and ordering payment made to H. T. Earle. Upon motion.by Stadler, second by Wilson, resolution adopted. Resolution appropriating $1,082.25 from the General Fund and ordering payment made to Minnesota Box & Lumber Company $226.65; Whiting Printers & Stationers, $457.70 and Peoples Cooper - 1 • LA • 1 11 Record of Official- Proceedings of the Common Council of the City of Rochester, Minn., August -. 1, 1960 6.6 9 • 1 1 • 1 ative Power Association $397.90. Upon motion by Wilson, second by Stadler, resolution adopted. Resolution appropriating $15,952.87 from the Permanent Improvement Fund and ordering payment made to Rochester Sand & Gravel Company. Upon motion by Wilkus, second by Stadler, re- solution adopted. Resolution appropriating $49,195.22 from the P. I. R. Fund and ordering payment made to Carlisle G. Fraser, Inc. Upon motion by Wilkus, second by Wilson, resolution adopted. Resolution appropriating $1,127.11 from the P. I. R. Fund and ordering payment made to E. C. Bather & Associates. Upon motion by Wilkus, second by Stadler, resolution adopted. Resolution appropriating $3,649.30 from the P. I. R. Fund and ordering payment made to o E. J. Vonch Concrete Company. Upon motion by Wilkus, second by Wilson, resolution adopted. Resolution appropriating $9,375.03 from the P. I. R. Fund and ordering payment made to Carlisle G. Fraser, Inc. Upon motion by Wilkus,second by Wilson, resolution adopted. Resolution appropriating $2,076.52 from the P. I. R. Fund and ordering payment made to Littrup Nielson, Inc. Upon motion by Wilkus, second by Brooks, resolution adopted. Resolution appropriating $4, 129.35 from the P. I. R. Fund and ordering payment made to K. M. McGhie. Upon motion by Wilkus, second by Gifford, resolution adopted. Resolution appropriating $2,681.75 from the P. I. R. Fund.and ordering payment made to Agneberg, Sankstone, Forsberg. Upon motion by Wilkus, second by Gifford, resolution adopted. Resolution appropriating $47,356.47 from the Permanent Improvement Fund and ordering payment made to Doyle Conner Company. .Upon motion by Wilkus, second by Gifford, resolution adopted. Resolution appropriating $463.23 from the P. I. R. Fund and $488.86 from the Permanent Improvement Fund and ordering payment made to Carlisle G. Fraser, Inc. Upon motion by Wilkus, s by Brooks;;rresolution adopted. Resolution accepting the bid of Stephan B. Woodard for the following local improvements:I Construction or reconstruction of a sidewalk at 8 separate locations ( Sidewalk Project #4.- 1960) Upon motion by Wilson, second by Brooks, resolution adopted. Resolution accepting the bid of H. T. Earle, Sr. for the following local improvement(s): Construction of a curb and gutter on the south side of 3rd Street Southeast from Broadway to one- half block east. Upon motion by Gifford, second by Morris, resolutionadopted. Resolution accepting the bid of Rochester Sand & Gravel Company for the following local improvement(s): bituminous surfacing of East Center Street from Broadway to 2nd Avenue Northeast. Upon motion by Wilkus, second by Gifford, resolution adopted. Resolution accepting the bid of Leon Joyce for the following local improvement(s): and surfacing of 18th Street Northwest in the Markay Addition and the regrading and surfacing of 18h Street and 18th Avenue Northwest intersection. resolution adopted. Upon motion by Wilson, second by Stadler, Resolution accepting the bid of H. T. Earle, Sr. for the following local improvement(s): Construction of a curb and gutter on both sides of 7th Avenue Northwest from 3rd to 4th Street C� 670 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., August 1. 1960 • OSWALD PUBLISHING CO.. NEW ULM, MINN. 91131 Northwest and on 4th Street Northwest from 6th to 7th Avenue Northwest. Upon motion by Wilson, second by Wilkus, resolution adopted. Resolution accepting the bid of Rochester Sand & Gravel Company for the following local im- provement(s): bituminous resurfacing of 2nd Street Northwest from Broadway to 3rd Avenue Northwest. Upon motion by Wilkus, second by Gifford, resolution adopted. Resolution authorizing and directing the Mayor and City Clerk to execute change orders re Municipal (new) Airport. Upon motion by Wilson, second by Gifford, resolution adopted'. Resolution accepting the bid bf 'Beckley Business Equipment Company for the seating and miscellaneous furnishings at the Munidpal (new) Airport. Upon motion by Wilkus, second by Stadler, resolution adopted. The following claims were each read and upon motion by.Moriis, second by Wilson, the 'same r 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: Ralph Ellingwood $76.00`; Alex P. Smekta, $36.00; Frank J. Wilkus, $18.00; Stanley J. Brooks, $39.00; Lawrence B. Stadler, $30.00; Elfreda Reiter, $42.00; Louis Bennett, $137.70; Marjorie Bjugan, $40.00; William L.'Buirows, $49.13; Charles H. Dornack, $50.25; Garnet Spring, $4t.10; Donald S. Crowe, $45.00; James J. Macken, Jr., $55.00; Monte's, $19.71; Borchert Ingersoll, Inc., $93.75; Quality Printers & Stationer's, $5.75; Robert S. Blakley, $75.00; Donald Mulholland, $86.82; Cooperative Oil Company, $19.47; The Johnson Company, $131.88; Schmidt Printing Company, $108.60; Harry Evans, $1.25; Nancy Caw, $107.80; Olmsted County Hospital, $12.50; Charles A. Camp- bell, $50.58; Minneapolis Blue Printing Company, $32.28; Parker Publishing Company, $5.98; The Construction Bulletin, $12.40; C. A. Armstrong, $9.65;Clerk of Municipal Court, $9.18; Pitney Bowes, Inc., $14.40; B & B Auto Body Company,'$5.00'; Chicago Great Western Railway Company, $15.12; The American City Magazine, $4.00; H. Dornack & Sons, $11.38; Forest P. Busher, $68.31; Arnolds Supply Company, $27.76; Allen Delaney and White, $150.00; Larry Lentz, $$86..00; Socony Mobil Oil Company, $29.80; R. C. Drips Grocer Company, $19.25; Peoples Natural Gas Company, $3.07; Witte Transportatin Company, $5.50; Clements Chevrolet Company, $100.29. From the Street & Alley Fund: Fay Yennie, $102.40; John Haefner, $16.00; George Rueb, $113.60; Gene Phillips, Inc., $10.65; National Weld'ing'Supply Company, $43.40; H & H Electric Co., $48.62; E. J. Vonch, $112.07; Herbert G. Knopp Agency, $19.80; Socony Mobil Oil Company, $141.90; Welborn Welding Shop, $3.85; Peoples Natural Gas Company, $67.50; Clements Chevrolet Company, $29.91; Ace Hardware, $9.Z0 and Scotty's Shell Service, $1.60. From the,Fire Protection Fund: Monte's, $14.75; C. F. Massey Company, $9.16; The Linda Supply Company, $67.70; Kenneth Stolienberg, $157.65; Briese Steel Building, $27.83; China Hall, $11.90; From the Police Protection Fund: Monte's, $17.05; Clement's Chevrolet Company, $32.36; Harry S. Stai, $24.75; Carl J. Briese, $24.90;Mbtorola, Inc., $51.43;Koffee Kup Cafe, $51.00; Police Supply Company, $100.07; Kohnson's Standard Service Station, $30.35; Scotty's Shell Service, $23.44; Dr. T. 0. Wellner, M.D., $$50.00';Wm. E. Clark Agency, $3.00; Adamson Motors, Inc., $149.51; • Stanley I 1 Is Reuben A. Rieck, $79.00; and Axel Moberg, $45.00. 0 .:.Record of Official Proceedings: of the. Common Council of the City of Rochester,-. Minn.,August 1, 1960 6711 1 • 1 •\ L From the Sewer Fund: Monte's $6.67; Alexander Auto Electric, $1.24; Welborn Welding Company, $2.25; Power Supply Company, $50.76; Monson Dray Lines, $6.10; R. C. Drips Grocer Co., $15.85; Peoples Natural Gas Company, $8.32; Witte Transportation Company, $6.70; and Clements Chevrlet Company, $27.59. From the Parking Meter Fund: Williams Printing Company, $10.00; Rochester Visitor, $8.00; K & M Auto Glass Company, $7.59; Parking Meter Repair Service Center, $40.50; Ace Ha $.85. President Tingley requested that the Public Safety Committee again consider the terrific traffic jam which is on 6th Street Southeast between 3rd and 4th Avenues. He said about a year ago the committee recommended that parking be eliminated for about fifty feet but this did not solve the problem, so he requested this committee again consider this area. President Tingley also requested that the Public Works Committee give consideration to the condition of West Center street from 6th Avenue to llth Avenue. Mayor Smekta requested that the Public Safety Committee consider the hazardous condition on 8th Street and 5th Avenue Southeast at Zeller's Grocery store. He said this was a regular race tack and recommended that stop signs be erected on either four or two corners. Upon motion by Morris, second by Gifford, this matter was referred to the Public Safety Committee. Mayor Smekta inquired of C. A. Armstrong, City Engineer, why the last 75 feet on the p North side of 6th Street Southwest adjoining 14th Avenue Southwest had not been included in the curb and gutter job. Mr. Armstrong reported that curb and gutter is only put in at the request of the property owners and the peoples in front of this 75 feet were opposed to curb and gutter there. A resolution vacating a sidewalk easement in Peck's First, Second, Third and Sixth Additions and Carroll's Secuond Addition was read. A motion was made by Stadler,.second by Morris that the said resolution be adopted as read and upon roll call and all voting in favor thereof, President Tingley declared the said resolution duly passed and adopted. A resolution ordering a hearing on the vacation of a part of 17th Street Northwest, which lies between the easterly line of Block 4, Sunset Terrace Second Addition, and the westeiiy line of 19th Avenue Northwest was read. A motion was made by Morris, second by Stadler, that the said resolution be adopted as read and President Tingley declared the said resolution duly passed and adopted. All voted in favor thereof. A resolution accepting the dedication of Lot 29, Auditor's Plat "A" for public street purposes was read. A motion was made by Stadler, second by Gifford, that the resolution be adop ed as read and with all voting in -favor thereof, President Tingley declared the said resolution duly passed and adopted. The following resolution was read: "Be it Resolved by the Common Council of the City of Rochester, that the City of Rochester is interested and concerned over the completion of Minnesota Trunk Highway No. 63 within the limits of the City of Rochester from 14th Street N.E., to 19th Street.N.E., and hereby requests the Minnesota Highway Department to prepare preliminary plans�-for the improvement of - this portion of Trunk Highway No. 63 and to submit a proposal for joint city-state construction." 0 672 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., August 1, 1960 Upon motion by Gifford, second by Brooks and with all voting in favor thereof, President Tingley declared the said resolution duly passed and adopted., An ordinance annexing to the City of Rochester.certain unplatted lands not exceeding . 200 acres in area All Being in the South East Quarter of Section Thirty -Four, Township One Hundred Seven North, Range 14 West,, Olmsted County, Minnesota (Cascade Center) was given its first reading. Upon motion by Wilkus, second by Stadler and upon roll call and all voting in favor,there- of, the rules were suspended and the ordinance was given its second reading. A motion was then made by Wilkus, second by Wilson, that the rules be suspended and the ordinance be given its.third and final,reading. Upon roll call Gifford voted "no". A resolution amending a, resolution vacating and discontinuing the alley in Block 20,, Head & McMahon's Addition in Olmsted County, Minnesota was read. A motion was made by Morris, second by Brooks, that the said resolution be adopted as read and with all voting in favor thereof, President Tingley declared the said resolution duly passed and adopted. A Ordinance amending,an Ordinance entitled "An Ordinance establishing fire limits, and providing for all matters regulating the construction, maintenance, alteration, demolition and removal of buildings and other structures erected or to be erected within the City of Rochester, Minnesota, and providing a penalty for violation thereof" (panel walls) was given its first read- ing. Upon motion by Morris, second by Wilkus, and upon roll call and all voting in favor there- of, the rules were suspended and the ordinance was given its second reading. Upon motion by Wilkus, second by Wilson and upon roll call and all voting in favor there- of the rules were suspended and the ordinance was given its third and final reading. . A motion was made by Wilkus, second by Wilson, that the said ordinance be adopted as read and all voting in favor thereof, President Tingley declared the said ordinance duly passed and adopted. An Ordinance providing for the licensing of dogs; providing for apprehension and dis- position of dogs unlawfully running at large; providing for the vaccination of dogs for rabies; providing other regulations governing dogs; and providing a penalty for violation was given its second reading. An Ordinance Establishing a Board of Public Health & Welfare for the City of Rochester, providing for the composition, and setting forth the powers and duties of the Board.was given its second reading. The question as to why one member should be appointed from the Civic League was brought up. R. V. Ehrick, City Attorney, explained that in the old ordinance,: the Civic League was shown and before he drafted this new one, he talked to Dr. Wilson and Dr. Wilson said that he thought that the reason it was in there was that the Civic League was instrumental in getting the health program started. A motion was then made by Brooks, second by Wilson that Section 2 of this ordinance be amended by eliminating "one member shall be mlected from the membership of the Civic League" and changing the next line to read that "three members shall be selected from the people at large". All voted in favor thereof. 1 • 1 A motion was then made by Wilkus, second by Stadler, that the rules be suspended and the 9 Record of Official Proceedings of the. Common Council of the City of. Rochester, Minn., August 1, 1960 ordinance be given its third and final reading. President Tingley voted "no". An Ordinance Annexing to the City, of Rochester, Minnesota, certain unplatted land in j Section 12, Township 106, North, Range 14 West, and Certain Platted band in Augitor's Plat "A", i i all in Olmsted County, Minnesota (Bear Creek) was given its second reading. Upon motion by Wilkus, second by Stadler and upon roll call and all voting in favor there of the rules were suspended and the ordinance was given its third and final reading. i i! A motion was then made by Morris, second by Wilkus, that the said ordinance be adopted �! as read and all voting in favor thereof, President Tingley declared the said ordinance duly � g . g y Y Passed and adopted. • Ifsf _ if R. V. Ehrick, City Attorney, then presented an ordinance amending the zoning ordinance I� changing the E. 7.1 feet of Lot 17, Block 2 and Lot 18, Block 2 Kutzky's First Addition (1211 I� lsti Street S.W.) and the West 58 feet of the East 130 feet of the North 140 feet, Outlot 8, Cumming's Addition (810 West Center Street) to a multiple dwelling district which had been given i 3 readings. He suggested that as long as the change in Kutzky's Addition.had to have a 6/7 vote, that this ordinance be separated and made into two ordinances. .A motiton was then made by Wilson second by Morris, that the said ordinance be separated into two ordinances. All voted in favor �1 thereof. • jl A motion was made by Wilson, second by Wilkus, that the ordinance amending, the zoning 1 j ordinance changing the E. 7.1 feet of Lot 17, Block 2 and Lot 18, Block 2 (Kutzky's First Addition I(1211 lot Street S.W.) to a Multiple Dwelling Zone be adopted as read. Upon roll call Brooks, �I Morris Wilkus Wilson and Tingley voting "aye" and Gifford and Stadler voti " " � � g Y g Y , ng, no President , Tingley declared the ordinance not adopted. A 6/7 vote is needed because there was a valid pro- test. ' A motion was made by Brooks that the ordinance amending the zoning ordinance changing the West 58 feet of the East 130 feet of the North 140 feet, Outlot 8 (810 West Center Street) Cumming's Addition.(to a Multiple Dwelling District) be adopted. President Tingley declared the motion lost for want of a second. It was then noted that there was no objection to this change of zoning and that the Planning and Zoning Commission had recommended that it be changed. .A motion •j was then made by Brooks, second by Morris, that the ordinance be adopted as read.. Upon roll call and all voting in favor thereof, President Tingley declared the said ordinance duly passed and hadopted. i� A motion was then made by Stadler, second by Wilkus, that the ordinance changing the izone at 1211 lot Street Southwest be brought up for reconsideration. All voted in favor thereof except Gifford who voted "no". A motion was made by Wilson, second by Brooks that the said, t ordinance be adopted as read, and upon roll call Brooks, Morris, Stadler, Wilkus, Wilson and Tingley voting "aye" and Gifford voting "no", President Tingley declared the said ordinanance I� duly passed and adopted. A motion was then made by Gifford, second by Brooks that the council reconsider the action taken on the vote on the adoption of the ordinance to annex Cascade Center. All voted in favor thereof. 1 '� A G 74 Record-of.Official Proceedings.- of, the;: 4j mmon Council of the City of Rochester, Minn.' August,. 1,, .1960 • I _ f A motion was then made by Wilson, second by Wilkus and upon roll call and all voting in I t ;i favor thereof, the ordinance annexing Cascade Center was given its third and final reading. l A motion was then made -by Wilson, second by Brooks, that the ordinance be adopted as read and all voting in favor thereof, President Tingley declared the said ordinance duly passed i and adopted. Mr. 'Joe McGovern was present'and invited the Mayor and Council Members to attend a meeting of the Realtors of the City of Rochester to be held in the Pine Room at the.Caiton Hotel at 12:00 o'clock Noon on Tuesday, August 2nd. The Mayor's appointment of Dr._E. C. Clark of 710 9th Avenue Southwest to the Board of Public Health & Welfare was read; Dr. Clark to replace Dr. N. A. Christensen who has 'resigned: Upon motion by Gifford second by Morris, the appointment was confirmed. Mr. Richard Rosaaen was present in regard to his property at 839 5th Street Northwest. He said that he had received an offer but did not think his 10 x 10 ft. walk-in cooler should be included as part of the house. R. V. Ehrick stated that he felt that this was part of the house and also said that he had told Mr. Rosaaen's Attorney that he should make a list of the personal property and equipment and bring it up to him and they would negotiate on that basis. No further action was taken. Mrs. Dorothy Quammen of 851 5th Street Northwest stated that she had received a letter frown the City offering $14,700.00 for her property and she had had it'appraised by Mr. Hubert Harvey and he had appraised it at $16,000.00 and she could not understand why 'there should be such a difference. She said she had looked all over and could not find a house that compared it to theirs for that amount of money. She was told that'if they were dissatisfied with the offer r made, they could wait for condemnation when it would again be appraised. ItMr. R. V. Ehrick, City Attorney, reported that. lie had negotiated with Mr. D. J. Thomas for the purchase of a site for fire station No. 4 and Mr..Thomas had made an offer of $10,984.00. i j The council felt that the price was too high so upon motion by Stadler, second by Wilson, the City Attorney was instructed to start condemnation proceedings on this property. All voting in favor thereof, --except Brooks, who voted .!'no". ` Upon motion by -Brooks, second by Wilson, the meeting was adjourned until 7:30 o'clock P. M. on'August 15, 1960. " ..City Clerk u