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HomeMy WebLinkAbout08-07-1961Record of Official Proceedings of the Common Council of the City of. Rochester, Minn.,, August 7, 1961 39., 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 7, 1961. President Tingley called the meeting to order at 2:00 o!clock P. M., the following members being present: President Tingley, Aldermen DeVries, Leonard, Stadler, Wilkus, Wilson. Alderman Morris arrived at.3:30 P. M. A motion was made by DeVries, second by Wilson) that the minutes of the meeting of July 17, 1961 be approved with the following correction, that on page #39 paragraph #3, line 17 the word'Uouble" be deleeted from -the following sentence, 'that something be done to allow her to construct a garage'. All voted in favor thereof. President Tingley stated this as being the time and place set for receiving and opening bids for the following projects: Bids for -replacement of two patrol cars in the Rochester Police Department. The bid of Adamson Motors in the amount of $3,344.86 was received and opened and upon motion by Stadler, second by DeVries, and all present voting in favor, the:bids were referred to the Public Safety Committee for recommendation. Bids for construction of dog kennels and house. The bids of General Development Co. in the amount of $76.100.00 and Larson Construction Company $539494.00 were each received and opened and upon motion by, Wilkus,,second by Wilson,_ the same were referred to -the Committee composed of Alderman Frank Wilkus, Garnet Spring, Building Inspector and Robert -Blakely Poundmas for recommendation.. All voted in favor thereof. Bids for the relocation of a 8" water main in 6th Street Southwest across T. H. 52-14. The bids of Johnson.Bros. in the amount of $3,782.10, Carlisle G.,Fraser Inc. in the amount of $3,994.50 and James D.,Wolff Company in the amount of $4,678.00 were each received and opened and upon motion by DeVries, second by Leonard, the bids were referred to the Public Works Committee and City, Engineer for tabulation and recommendation. All voted in favor thereof. Bids for reconstruction of pavement, sidewalk, curb and gutter on 4th Avenue Northwest from 2nd Street Northwest to West Center Street. The bids of Doyle Conner Company inthe amount of $34,636.33 and Palda & Sons, Inc. in the amount of $41,674.20 were each received and opened and upon motion by DeVries, second by Leonard, the same were referred to the Public Works Committee and CityEngineerfor tabulation and recommendation. All voted in favor thereof. Bids for construction or reconstruction of concrete sidewalks,at various locations in Southeast Rochestdr - Sidewalk Project 1-1961. .The bids of Stephen B. Woodward -in the amount of $4,545.60; C. M. Boutelle & Sons in the amount of $4,652.44; E. J. Vonch and E. J. Mahoney in -the amount of $4,563.08 and Phillip M. Ryan in the amount of $4,809.00 were each received and opened and upon motion by DeVries, second by Leonard, the bids were referred to -the Public Works Committee and City Engineer for tabulation and recommendation. All voted in favor thereof. Bids for construction of sanitary sewer across T. H. 52-14 to serve Lots 2, 3 and 4, Block 4 and Lot 5, Block 3, Folwell Heights Addition and adjacent areas. The bids of James D. Wolff Company in the amount of $3,427.90; Carlisle G. Fraser Inc. in the amount of-$4,132.50 and 370 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., August 7, 1961 0 Johnson Bros. in the amount of $4,037.50 were each.received and opened and upon motion by DeVries, second by Leonard, the,bids were referred to the Public Works Committee and City Engineer for tabulation and recommendation: All voted in favor thereof. Bids for extension of a water main from 14th Avenue Southwest across the right-of-way of T. H. 52-14 to serve North Sunny Slopes and other areas. The bids of'JamesD. Wolff Company in the amount of $1,608.20; Carlisle G. Fraser Inc. in the amount of $2,112.00 and Johnson Bros. in the amount of $19806.25 were each received and opened and upon motion by DeVries, second by Wilson, the bids were referred to the Public Works Committeeland.City Engineer for tabulation and recommendation. All voted in favor thereof. Bids for construction of a sidewalk on the east side of 17th Avenue Northwest from Elton Hills Drive to 22nd Street Northwest and on both sides of 17th Avenue Northwest from 22nd Street -to Cascade Street Northwest. The bids of E. J. Vonch. and E. J. Mahoney in the amount of $13,102.00; Stephen B. Woodward in the amount of $13,245.60;,Doyle Conner Company in the amount of $13,257.08 and C. M. Boutelle & Sons,..Inc. in the amount of $13,326.00 were each received and opened and upon motion by,Stadler,-second by Leonard, the bids were referred.to the Public Works Committee and the City Engineer for tabulation and recommendation. All voted.in favor thereof. Bids for construction of a curb and gutter and sidewalk on -both sides of 4th Avenue Northeast from 15th to 16th Street Northeast. The bids of H.:T. Earle Sr. in the amount of $6,619.40; C. M. Boutelle & Sons in the amount ;of $6,665.80 and Doyle Conner Company in the amount of $6,739.00 were each received and opened and upon motion by DeVries, second by Wilson, the bids were referred to the Public Works Committee and City'Engineer for tabulation and recommendation. All voted in favor,thereof. Bids for construction of a_curb.and gutter on 13th Avenue Northeast north of-•14th Street to 15th Street Northeast. The bids of.C. M. Boutelle & Sons in the amount of $4,676.50; Doyle Doyle Conner Company inIthe.amount of $4,834:.40 and H. T. Earle Sr. in the amount of $4,900.05 were each received and opened and upon motion by DeVries, secondbyLeonard, the bids were referred to the Public Works Committee,and City Engineer for tabulation and recommendation. All voted in favor.thereof. C Bids for construction of a sidewalk on,. the west side of 14th Avenue Northwest from 15th Avenue to 22nd Street Northwest and on the east side. of 15th Avenue Northwest to the south line of Lot 20, Block 19, Elton Hills 4th Subdiivision. The bids of Phillip M. Ryan in the amount of $4,011.00; B. DeWitz in the amount of $4,293.50; E. J. Vonch and E. J. Mahoney in the amount.of $4,301.50 and C. M. Boutelle &,Soros in the amount of $4,287.50 were each received and opened and upon motion by DeVries, second by Wilson, the bids were referred to the Public Works Committee and City Engineer for tabulation and recommendation. All voted inefavor thereof. The recommendation of the City Planning and Zoning Commission ^stating that they had reviewed the appeal to vary the side yard requirements of Section 8 (ck) of Ordinance No. 558 to construct a garage on .the lot at 415 - 8th Avenue S. W. and have concluded that the physical arrangement of the building on this lot.is not a unique condition, and therefore, Vhey recommend 1 • 1 1 • 1 • • Record. of .Official ,Proceedings of the. Common.:Council _of the. City of Rochester,. Minn., August T. 1961 1 CQ :tea C� is 1 1 0 that this request be denied, was read. Miss Sadie Langan was present and stated that they had purchased thi's.new car and had made all plans for the garage and had talked to all of their neighbors and there had been no opposition from them, and requested that the Council grant her permission to construct this garage. Alderman Leonard stated that he had viewed this property and did not think construction of this garage would impair the property to the west or any of the property in this vicinity. A motion was then made by Wilkus that the recommendation of the Planning and Zoning Commission be denied and a public hearing be set for August 21, 1961 at 7:30 P. M. Wilson seconded the motion and all voted in favor thereof. A letter from the Rochester Police Civil Service Commission addressed to Mayor Smekta certifying for appointment the names of Mr. James Arthur Fister of 509 - 2nd Street N. W.; Mr. Darrel L. Keller of 1119 - 2nd Street S. E.; and Mr. Robert H. Hanson of 910 - 4th Street S. E., these appointments to be effective September 1, 1961, was read. They further stated that the Commission realizes that under the Civil Service 'law we are to submit the top three names from the eligible register for each appointment, however, after conducting repeated examinations they found that only the foregoing men have passed the examination and are eligible for certification; two vacancies still exist in the Department and 'additional examinations will be held in the near future. Letters from Mayor Smekta appointing Mr. James Arthur Fister, Mr. Darrel L. Keller and Mr. Robert H. Hanson as patrolmen in the Rochester Police Department, effective September 1, 1961,1 were each read. Upon motion by'Wilkus, second by Stadler, and all voting in favor thereof, the appointments were approved. A protest against the zoning change of the property near 6th Avenue and 7th Street N. W. (Lot 23 Auditor's Plat'"B") owned by Stanley_ and Betty Whiting, from residential to a multiple dwelling zone was read and upon motion by Wilson, second by Wilkus, the protest was referred to the City Attorney for validation. All voted in favor thereof. ` The following letter from the Board of Public Health & Welfare was read and upon motion by DeVries, second by Wilson, and all voting in favor thereof, the letter was referred to the Parks, Public Grounds and Recreation Committee: "The Honorable Mayor and Members of the Common Council City Hall Rochester, Minnesota Gentlemen: On the recommendation of the staff of the Mental Health Clinic, Rochester - Olmsted County Public Health Unit, and approval by the Community Mental Health Board, the Board of Public Health and Welfare has approved the procuring of professional liability insurance for the staff of the Mental Health Clinic. This insurance is a special policy written expressly for Mental Health Clinics in Minnesota by the St. Paul Fire and Marine Insurance Company of St. Paul, Minnesota. The coverage is for the staff members individually while practicing either on behalf of the Clinic or privately, as well as coverage for the Clinic as an agency, including the administrative officer of the Clinic and the advisory and administrative boards concerned with the operation of the Mental Health Clinic. The provision of this particular insurance in the budget of the Mental Health Clinic is specifically approved and encouraged by the Minnesota State Department of Public Welfare. The total cost of the insurance is $284.21 annually. The individual items are as follows: Professional liability insurance for the staff psychiatrist $88.50; psychologist $41.21; psychiatric social worker $20.60. The professional liability coverage for the Clinic and its relgted boards and officers is $133.90. This amount provides for protection in the case of any professional litigation to the amount of $100,000 per individual case or $300,000 for the year. It is believed to be an important kind of coverage in a medical setting where disturbed 372 ..Record of Official Proceedings of the Common Council of the City of- Rochester, Minn., August 7, 1961 and somteimes litigious persons must -be dealt with. Funds are available in the mentia health budget for this insurance. As you perhaps will recall, in any budget item approved of by the State of Minnesota Department of Public Welfare, the amount of the local participation is 50 per cent of the cost and state participation is 50 per cent of the cost. Yours very truly, /s G. A. Peters, M. D. President Board of Public Health 4tWelfare" A petition from the Emmanuel Baptist Church to have Lot 5 in Allendale, a subdivision of the southwest quarter of Section No. 22, in Township 107, North of Range No. 14 West, annexed - to the City of Rochester was read and upon motion by DeVries, second by Leonard, the petition • was referred to the Planning and Zoning Commission. All voted in favor thereof. A letter from the American Municipal Association regarding the Municipal Fire Defense Institute which is being organized and requesting that the City of Rochester join this organization was read. Upon motion by Wilson, second by Leonard, the letter was referred to the Mayor, he to check into it further at the American Municipal Convention in August. All voted in favor thereof. A letter signed by Stanley F. Drips, Chairman of the Mayor's Parking and Traffic Committee, suggesting that a joint meeting be held with the Common Council and this committee for a discussion of the recommendation concerning truck loading zones was read: Upon motion by Stadler, second by Wilson, the letter was referred to the Mayor, he to arrange such a meeting. All voted in favor thereof. A letter signed by Mrs. Herman Klinsmann, Mr. and Mrs. Warren Fenske, Mr. and Mrs. Herman Liebenow and Mrs. Ben Larson, all residents on 3rd Street S. E., pertaining to the Zumbro River filling in with sand to a point where they have no banks left was read and upon motion by Wilkus, second by Wilson, the letter was referred to the Public Works Committee. All voted in favor thereof. -A letter addressed to Alderman Stadler from Mr. W.W. Whipple requesting that the Council consider placing a traffic light at the corner of 3rd Avenue and 2nd Street by the Mayo Park bridge was read. A motion was made by Wilkus, second by Wilson, that the letter be referred to the Lighting Committee. All voted in favor thereof. • A motion was then made -by Wilkus, second by Leonard, that the action on the above letter be reconsidered. Upon roll call all voted in favor thereof. A motion was then made by Wilkus, second by Stadler, that the letter from Mr. W. W. Whipple be referred to the Public Safety Committee. All voted in favor thereof. A letter from C. A. Armstrong, City Engineer, requesting permission -for himself and Mark Gray,,Maintenance Engineer, to attend the National Congress of the American Public Works Association to be held in Minneapolis on September 24th to 27th was read. Upon motion by Wilson,' second by Wilkus, and all voting in favor thereof, the request was granted and Mr. Armstrong and iMr. Gray were authorized to attend at city expense. • Record of Official :Proceedings of the Common Council of the City of Rochester,, Minn., August 7,. X961 37.3 1 • 1 1 CJ 1 The City Engineer's estimate for the reconstruction of pavement, sidewalk, curb and gutter on 4th Avenue Northwest from 2nd Street Northwest to West Center in the amount of $33,318.75 was read and President Tingley ordered the same placed on file. A letter from the City Clerk requesting that the petty cash fund in the City Clerk's office be raised from the present amount of $199.00 to $350.00, as of July 1, 1961 the City Clerk has to pay all jurors fees for the Municipal Court, was read.. Upon lmotion by DeVries, second by Stadler, and all voting in favor thereof, the City ClerlC was authorized to increase the petty cash fund to $350.00. A letter from the Rochester Jaycees requesting the opportunity to operate the concess- ions at the Rochester Airport dedication to be held on August,191th and requesting that the City Council -:grant them permission to sell soft drinks,.hot dogs and 3.2 beer on the site of the Rochester airport for that day only was read. R. V. Ehrick, City Attorney, stated that there was no city ordinance which provided for a temporary license and further the City does not have _ the authority to issue a license outside the city even though the property belongs to the City; he said he thought a license would have to be issued by the County Commissioners and he underst they would not issue such a license unless the Common Council approves; he thought some action should be taken by the Common Council or some communication written to the County Commissioners expressing their,approvla. Mr. Ehrick was going to check further with the County Attom ey.on this matter. R Upon motion by Wilkus, second by Wilson, a 15 minute recess was declared. The meeting was tilled to order at 3:45 P. M. with all members being present. R. V. Ebrick reported that.he had checked with the County Attorney concerning the possible issuance of a 3.2 license for sale of beer on August 19th at the Rochester Airport' he said they were in agreement on the procedure -of issuing the license, and.if this is desirable that the Common Council request the Board of County Commissioners and other officials involved to give favorable consideration to the issuance of such a license; he called attention to the fact that according the State Statutes all licenses were issued for a year and it would have to be made clear that sale, if permitted, would be for the day of August 19th only. Alderman DeVries then introduced the following resolution which was read: "Be it resolved by the Common Council of the City of Rochester,, that consent is hereby granted to the Rochester Junior Chamber of Commerce to sell 3.2 beer on the New Rochester Airport property on August 19, 1961 only, the date of, official dedication of said Airport. . Be it further resolved that the Town Board.of ,the.Town of High Forest, the Board of County Commissioners of Olmsted County, the Sheriff of Olmsted County and the County Attorney of Olmsted County, are hereby requested to give favorable consideration to the issuance of a license for the sale of 3.2 beer to the'said Rochester Junior Chamber of Commerce." A motion was then made by DeVries, second by Wilson, that the said resolution be adopted as read and upon roll call and all voting in favor thereof, President Tingley declared the said resoluti, duly.passed and adopted. The recommendation of the -Public Safety Committee stating that -'they had considered the application of John Von Feldt for an "or?! and "off" sale non -intoxicating malt liquor license u 34 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., August 7,_ 1961 • at 1128 - 7th Street Northwest and recommend that this application be denied because of the location (the committee further stated that'the applicant would be agreeable as a license holder at some other location) was reads Upon motion by Wilkus, second by Wilson, and all voting in favor, the recommendation was -approved. The recommendation of the Public Safety Committee that the application of Robert Travers, for a license to sell non -intoxicating malt liquors "off" and "on" sale at 54 - 17th- Avenue Southwest, be -granted was read. Upon motion by Wilkus, second by Stadler, the: recommendation was approved. All voted in favor thereof. The recommendation of the Public Safety Committee that the one double,head 8" lens at 12th Street and 8th Avenue S. E. and the one double 8" lens at 9th Street and North Broadway, now established at these two intersections, bepreplaced with the purchase of one double head 12" lens at 12th Street and 8th Avenue S. E. and -one double head 12" lens at 9th Street and North Broadway due to the hazardous traffic conditions at these two intersections, was read. Upon motion by Wilkus, second by Wilson, and all voting in favor thereof, the recommendation was approved. The recommendation of the Public Safety Committee stating that they had considered the request of LeRoy Spratte for one hour limit parking on 6th Street N. E. from Broadway extending East and recommending that no restriction be placed, at the present time, on parking as the employers and employees in this area have agreed to park their cars in some other area, was read. Mr. Arnold Nelson, Assistant Chief of Police, reported that he had checked with the other businesses in this area and they had agreed to keep their cars off the street. A motion was then made by Wilkus, second -by Wilson, that the recommendation'be-approved and Mr. Spratte be advised of the action taken. All voted in favor thereof. The recommendation of the City Planning and Zoning Commission that the preliminary plat of Thomas 2nd Addition be granted preliminary approval subject to compliance with the follow- ing conditions was read: 1. The alignment of the north property line of llth Ave. N. W. should be revised as shown on the attached map. 2. Provision should be made for a°30 foot alley running north and south along the east line of this property and turning to the west just south of Lot 11. 3. A utility easement should be provided from Elton Hills Drive to the north end of the requested alley. 4.- A 5 foot strip of land should be provided between the alley and Thomas 1st Addition for a screen planting. This will screen the commercial area from the residential area. 5. The N.:E. corner of Lot 2 should be cut back to accommodate a turning radius .for large vehicles. 6.. The owner (should provide offstreet parking facilities on this property. 7. Because of the heavy volumes of traffic which can be expected on llth Ave. N. W. and 17th Ave. N. W., it would be advisable to conkider restricting curb parking in this area. 8.. All of the property owned or previously owned by Mr. D. J. Thomas, which lies west of Thomas 1st Addition, should be included in this plat. 9. An easement for the watermain, which is in place, should be provided. 10. It would be helpful if the -land were divided into useable size lots or a general development plan presented which will show the future use of this land so that the utility planning for this addition can be facilitated. Mr. John Ebinger was present and said he hdd an interest in this property; he said they were - - building an oil station and they had entered into an agreement concerning the adjoining pine of land with the intention of constructing a drive-in type restaurant and they were planning on 1 • E • 1 0 • Record. of Official Proceedings of the Common Council of the City -of Rochester,, Minn., August 7 , 19 61 37 1 =I ry � • 1 1 1 having free flow of traffic between the restaurant and the service station; he -requested that the zoning be set aside until Mr. Thomas could get 'together with the Planning & Zoning Commiss but that they go ahead with the sewer construction. Upon motion by Wilkus, second by Wilson, and all voting in favor thereof', the recommendation was referred back to the Planning & Zoning Commission to work out the difference of opinion as to parking space and the alley dedication and utility easements. The recommendation of the Planning and Zoning Commission stating that they had reviewed the appeal -to vary the provisions of Section 3 (c'k) of Ordinance. No. 558 to permit construction of a residence on a parcel of land less than 5,000 sq. ft. of area (S.W. corner of 5th St. and 7th Avenue S.W.) and recommend that the minimum lot area requirement of 5,000 sq. ft. be waived in this instance to permit the construction of a residence on the east 90 ft. of Lot 5, Block 25, Head and McMahon's Addition, which is a parcel of land having an area of 4,950 sq. ft., was read. Upon motion by Leonard, second by Wilson, and all voting in favor thereof, the recommendation was approved and a hearing was set for 7:30 o'clock P. M. on August 21, 1961. The recommendation of the Public Safety Committee that James J. Macken, Jr. Chief of Police and Donald S. Crowe$ Captain of Detectives, be authorized to attend, at city expense, the Retraining Session of the -Federal Bureau of Investigation National Academy, to be held in St. Paul, Minnesota, on August 16, 17 and 18, 1961 was read. Upon motion by Wilkus, second by Wilson, and all voting in favor thereof, the recommendation was approved and Mr. Macken and Mr. Crowe were authorized to attend -at city expense. The recommendation of the Public Works Committee that Agneberg-Sankstone-Forsberg, . Registered Engineers & Land Surveyors, be appointed as the Engineer for the local improvement project "Construction of a Water Tank and Connecting Trunk Line for.:the Low District of the Southeast Service Area" and the accompanying agreement for engineering services be executed, was read. Upon motion by Wilkus, second by Wilson, and all voting in favor thereof, the recommendation was approved and the Mayor was authorized to execute the agreement. The following -recommendation of the Public Works Committee was read and upon motion by Wilkus, second by Wilson, and all voting in favor thereof, the recommendation was approved and ordered placed on file: _ "Honorable Mayor & Common Council City of Rochester, Minnesota Re: West Center Street Gentlemen: A query on the proposed widening of West Center Street between 7th Ave. and llth Ave. was referred to this Committee on July loth. The committee is aware of the condition of this street which is very much the same as East Center, 6th St. S.W., 3rd Ave. S.E. and several others of the thru streets that were paved'in the 1920's. • The only money available at this time for street widening is the balance in the 1957 Major Street Improvement Bond Issue. This program is expected to be completed in 1963. West Center Street, however, is not a part of this program, and the necessary money for its improvement will have to be raised by new financing. The estimated cost between 7th Ave. and llth Ave. is approximately $100,000. Approximately $20,000 of this cost would normally be met by special assessments against the abutting property, and $80,000 by general public funds or Bond Issues. This -street certainly should be considered favorably in the next Street Improvement Program, but this Committee cannot schedule its improvement until its financing is also arranged. • 7376 Record of Official Proceedings of the 'Common 'Couricil g • of the City of Rochester, Minn., August 7 , • 1961 D 9WALD PY6LI9 HIND CD., NEW YLM, MIN N. A3528 We note that it is one of the projects proposed in the Six year Capital Improvement Program submitted by Ladislas Segoe & Associates to the City Planning and Zoning Commission. Respectfully, /s•Frank J. Wilkus, Chairman /a Harold DeVries /s James R. Wilson /s C. A. Armstrong" The following recommendation of the Public Works Committee was read and upon motion by Wilkus, second by Wilson, and all voting in favor thereof, the recommendation was approved: d1Honorable Mayor & Common Council City of Rochester, Minnesota Re: Rezoning Petition j Jordans Subdivision. i Gentlemen:. • l� The recommendation of the Planning and Zoning Commission on the rezoning of the land lying north of East Center Street between the'Zumbro River and 7th Ave. N. E. was referred to this committee for comment on its effect upon possible future street plans in this vicinity. There are no definite plans for streets or thorofares in this area at this time. Any future streets in the privately owned property would:be created for and dictated by the use of that property. . The suggestion for a North -South thru Street in this'vicinity appeats feasible only if it were located immediately east of the River, We•do not feel that future major street routing has any bearing on the current zoning issue. When the zoning is,determined and the use of the land is determined by the owners, a business access street or residential access street to serve �I these uses will have to be established to connect with East Center Street. ' Respectfully, /s Frank J. Wilkus, Chairman /s Harold DeVries /s James R. Wilson /s C. A. Armstrong" ` The recommendation of the City Planning and Zoning Commission ,stating that they had reviewed the petition to annex the property to be known as Westport Industrial Addition and re- I commend that this annexation be approved was read. Upon motion by Stadler; second by Leonard, and`all voting in favor thereof, the recommendation was approved and the City Attorney was } instructed to prepare an ordinance annexing the said property. The recommendation of the City Planning and Zoning Commission stating that they had i reviewed the preliminary plat of Westport Industrial Addition and recommend that when this i{ property is annexed to the City of Rochester, that this plat be granted preliminary approval, was read. Upon motion b- Wilkus second b Wilson and all voting in favor thereof, the recommendation P Y a Y a � ' was approved. • The recommendation of the City Planning and Zoning Commission stating that they had reviewed the petition to change the zoning of the property to be known as Westport Industrial Addition from a residential district to an Industrial Addition and recommending that when this 1� property is annexed to the City of Rochester the zoning be changed from the residential to the industrial district was read. Y , Upon motion b Wilkussecond by Wilson, and all voting in favor P _ _ j1 thereof, the recommendation was approved. The recommendation of the City Planning and Zoning Commission stating that they had i, reviewed the Rochester City Limits situation and note that approximately 67 acres of land in N.E. i+ Rochester 'is completely surrounded by the City limits; Minnesota Statutes provide that lands which are completely surrounded by a City can be annexed to the City by action of the City's governing ,I ii . Record of Official Proceedings. -of the'Common Council of the City. of Rochester, Minn.,: _ August 7, 1961 3'7 1 Cq C� P 1 LJ 1 body; and they therefore recommend that the Common,Council initiate the necessary legal procedure to annex this area to the City of Rochester, was read. Mr. Harold Whiting was present and - stated that they.were opposed,to this annexation and.that it would work a hardship on all of the property owners concerned. Upon motion by Wilkus, second by Wilson, and'all voting in favor thereof, the action of the Planning & Zoning Commission.was denied. read: The following letter from the Rochester Airport Company, Don Swenson, President, was "Honorable Alex P. Smekta Mayor, City of Rochester City Hall Rochester, Minnesota Dear.Mr. Mayor: Rochester Airport Company understands that at a meeting concerning dedication of the Rochester Municipal Airport, you, the President of the Council, the Chairman 'of the Dedication Committee; and members of the Junior Chamber of Commerce were of the strong opinion that Runway 20 should be closed to flight activity on the -occasion of the dedication, August 19, 1961 in order that certain areas might be open to the public. The purpose of this, as we understand it, would be to make it possible for the public to traverse the runway -taxiway between the Terminal Ramp and the Public Ramp in front of Gopher Avaiation structures in ,order to`view static displays which are to be situated on the Public Ramp and to view other static displays which may be situated on the northerly end of Runway 20. Rochester Airport Company cannot support this opinion because of hazards, possible violation of State and Federal laws, and -violation of the provisions and intendment of the Airport Operating Agreement between the City of Rochester and the Rochester Airport Company. In order that the dedication may go forward as generally outlined at the meeting referred to above, the Rochester Airport Company respectfully requests that you, ,acting for and on behald of City of Rochester,.direct such action, and that the City of Rochester assume full responsibility in the premises and release and save harmless Rochester Airport Company.from any liability whatsoever because of its compliance with your direction. - It is respectfully requested that your diredtion be in writing, and that you specify the day and hours thereof when Runway 20 is to be closed to flight activity. Your direction should be recSived by Rochester Airport Company at least 10 days prior to the day that Runway 20 is to'be closed to flight activity in order that notices to airmen may be published by officials of the Federal Government charged with that duty. It will be necessary that the area, or areas, in which it is intended that the public shall be allowed to circulate be confined with snow fencing and other types of barriers in order to control the crowds and protect them from hazards. It is requested that the City of Rodhester direct the City Engineer to provide the necessary fences and barriers for this purpose. Care should be exercised in the placementof fences and barriers in order that no damage will occur to underground cables. Yours very truly, /s Don Swenson, President Rochester Airport Company" No action was taken but the Council verbally agreed that Runway No. 20 would not be closed down. The following recommendation of the Public Works"Committee was read and upon motion by Wilkus, second by Wilson, and all voting in favor thereof, the recommendation was approved and the City Attorney was instructed to prepare the Quit -Claim Deed: "Honorable Mayor & Common Council City of Rochester, Minnesota Re: Sale of Parcel of Lot 10, Blk•17 Northern Addition adjacent to Lot G Gentlemen: Kris Replat• The request of Mr. & Mrs. Emery Anderson to purchase from the City a 10 foot wide parcel along the east side of Lot i0 in Block 17, Northern Addition was U 378 Record of Official. Proceedings of the Common Council of the City -of Rochester, Minn., August 7, - 1961 referred to this Committee, May 1, 1961. We recommend that the parcel is not necessary for public use. The 10 foot parcel has been evaluated at $160.00. , We recommend that this 10 foot parcel be quit -claimed to Mr. and Mrs. Anderson without any expense to the City for surveying, abstracting, or legal work; and that the City Attorney be authorized to prepare a Quit -Claim Deed for the Council's Action. The description of the parcel is as follows: All that part of Lot 10, in Block 17, Northern Addition described as follows: Beginning at the Southeast corner of Lot 10, Block 17, Northern Addition, thence west,on the south line of lot 10 for a distance of 10 feet, thence north parallel with the east line of lot 10 for a distance of 63.15 feet, thence northeasterly to a point on the east line of lot 10 which is 76.32 feet north of the Southeast corner thereof, thence south 76.30 feet along the east line of lot 10 to the point of beginning. Respectfully, /s Frank J. Wilkus, Chairman /s Harold DeVries /s James R. Wilson /s C. A. Armstrong" Upon motion by Wilkus, second by Stadler,`and all voting in favor thereof, 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., the following members being present: President Tingley, Aldermen DeVrie s, Leonard, Morris, Stadler, Wilkus, Wilson. President Tingley stated this as being the time and place set for hearings on the following projects: Hearing on the establishment of a 25 foot minimum front yard building setback line on all lots in Crescent Park 2nd Addition., There was no one present wishing to be heard. President Tingley declared the hearing,officially.closed and the City Attorney was instructed to prepare a resolution establishing the setback lines. Hearing on appeal from the decision of the Building Inspector for a rear yard variance to construct a house on Lot 9, Lemke's Addition. Mr. Floyd Howell, the petitioner, was present and urged that the Council grant this request. Upon motion by Morris, second by Wilson, the hearing was declared officially closed and the City Attorney was instructed to prepare the necessary resolution. All voted in favor thereof. Hearing -on the petition for the vacation of the Northerly -Southerly alley in Block 7, Williams, Healy and Cornforth's Addition.- There was no one present wishing to be heard. The Planning & Zoning Commission had recommended that this alley be vacated. Upon motion by Wilkus, second byh Wilson, and all voting in favor thereof, the hearing was declared closed and the City Attorney was instructed -to prepare a resolution vacating the said alley. Hearing on reconstruction of pavement, sidewalk, curb and gutter on 4th Avenue N. W. from 2nd Street Northwest to West Center Street. Mr. Gilbert Wade was present and inquired why it was necessary to tear up the sidewalk and construct new. C. A. Armstrong, City Engineer, told him that the roadway was going to be widened and in order to do that the sidewalk had to be rebuilt. There was no one else present -wishing to be heard. President Tingley declared the hearing officially closed. Hearing on construction or reconstruction of concrete sidewalk at.various locations 1 �J 1 1 P 1 • Record of 1 Official Proceedings. of the Common . Council 3 7.9. of the. City of Rochester, .Minn., August 7; 1961. 1 CQ C� • 1 1 L-A 1 in Southeast Rochester - Sidewalk Project 1-1961. There was no one present wishing to be heard. President Tingley declared the hearing officially closed. Continued hearing on construction of a sidewalk on both sides of 19th Avenue N. W. from 16th Street N. W. to 18k Street N. W. Rev. Harland C. Reed of 1866 - 18� Street N. W. was present and stated that he was not opposed to putting in sidewalk.but felt that it should be put on the streets as well as on the avenue; he said he felt it would be more dangerous for the children in the neighborhood to come down and use the sidewalk on 19th Avenue than if they had it in front of their homes; he said he felt they should have it on all streets or on none at all; he also questioned when the payments would have to be made and was told that the first installment of the assessment would be paid with his 1963 taxes. N. T.. Winkler of 1866 - 16k Street N. W. was also present and expressed opposition to the sidewalk. President Tingley then declared the hearing officially closed. The recommendation of the Public Works Committee stating that they had reviewed the proposed project to construct a sidewalk on both sides of 19th Ave. N.W. from 16th St. N.W. to 18�j St. N.W., giving consideration to the objections expressed at the hearing on July loth as well as the original reasons for its initiation and recommend that the project be constructed as proposed, was then read. Upon motion by Wilkus, second by Wilson, and allvotingin favor thereof, the recommendation was approved. Dr. David Hoffman, Dr. J. M. Janes and Mr. Robert Fleming were before the Council in regard to an outdoor ice rink. Dr. Hoffman explained that they were representing the Junveile Hockey Association, which has about 300 members but they do not have enough.ice; he said they now had an opportunity to purchase a used refirgeration plant valued at $40,000.00 for about $26,000.00; he said they were going to form a non-profit organization to raise funds for the purchase of the equipment but they were asking the Council to provide a site and to take over the maintenance of it; the site they had in mind was the parking lot at the ball park, he said there was much unused space in the grandstand that could be used for many things such as storage,) etc. Dr. Hoffman urged the Council to take some action on this as soon as possible so they could grab the chance they had to purchase the'refrigeration plant. Mr. Robert Fleming said he thought such a project could be maintained and pay its own cost; he said the power would cost about $6,000.00 for the season and'insurance would be'ab6ut'$450.00; he said there is a growing need for such facilities and this rink could also be used for public skating and the Figure Skating Club, but primarily it would be used for hockey. Alderman Wilkus stated that the Public Works Committee (parking lot at ball park) for a roadway but'due`to the cost they were not going to do anything at present but he felt this should be considered with the Park Board; he said he thought something of this nature should be under the Recreation Department with the consent of the Park Board, he said he was definitely in favor of it and thought the Council should give them the go-ahead sign. President Tingley said he felt this should go to the Park Board and Recreation Board before the Council takes action. Mayor Smekta spoke in favor of the project and urged the Countil to assist them in getting started. A motion was then made by Wilkus that the Council back Mr. Fleming, Dr. Hoffman and C� 380 Record of. Official Proceedings of the Common Council .of the City of Rochester, Minn., August 7, 1961 D5WALD PUBLIBNIND CO., NEW ULM, MINN A3528 Dr. Janes in securing the ice freezing equipment and that we guarantee them adequate space in a central location in the City to operate it, that the City will maintain the equipment after it is installed and that the Recreation Department take care of this matter and administer the ice rink. Wilson 'seconded the motion and upon 'roll call D'eVries, Stadler, Wilkus and Wilson voting "aye" and Leonard, Morris and Tingley voting "no", President Tingley declared the motion carried. Alderman Leonard said he felt this should be referred to the Parks, Public Grounds and Recreation Committee of the Council and the Chamber of Commerce to meet in the next 24 hours to discuss this further. After further discussion, a motion was made by Wilkus that the Parks, Public Grounds and Recreation Committee be appointed to meet with the Park Board and Mr. Fleming, Dr. Janes and Dr. Hoffman as soon as possible to make final arrangements. Leonard seconded the motion and upon roll call all voted in favor thereof. Mr. Harley Wood of 1426.- 13th Avenue N. E. Was present and stated that when they had presented a petition for construction of a curb and gutter on 13th Avenue N. E. from 14th to 15th Street N. E..they had stipulated that they did' not want it if it cost more than $'3.50 per front foot. C. A. Armstrong, City Engineer, reported that when the bids were opened, they took the unit prices and it comes out to $3.70 per`foot so they had not proceeded with the work. R. V. Ehrick, City'Attorney, reported that if this condition on the petition was a request then it would not be a valid petition, a petition can not be made subject to conditions; he said it would be a legal petition if the price comes in under $3.50 then there is no basis for objection. Mr. Melvin Betcher was also present and opposed the construction if it was more than $3.50. A motion was then'made by.Wilkus, second by Stadler, that this matter be referred back to the Public Works Committee for recommendation. All voted in favor thereof. A motion was then made by Wilkus, second by Wilson, that the following recommendations of the City Planning and Zoning Commission be tabled until the next meeting when the Council would have had a chance to read the minutes of the Planning and Zoning Commission; all voted in favor thereof: No. 11. Recommendation of City Planning & Zoning Commission re proposal to annex all lands in S. W. Rochester which lie east of the centerline of U. S. 14-52 to the City of Rochester. No. 12. Recommendation of City Planning &_Zoning Commission re proposed annexation of lands surrounded by city limits lying north and south of 19th St. N. W. in the 2100 block. No. 14. Recommendation of City Planning & Zoning Commission re petition to change the zoning on property located at 1001 - 1st Ave. S. E. from residential district to the industrial district. No. 15. Recommendation of City Planning & Zoning Commission re removal of street medians. t No. 22. Recommendation of City Planning & Zoning Commission re signing of U. S. 14-52 Interchange. Upon motion by Stadler, second by Wilkus, the meeting was recessed for 15 minutes. President Tingley called the meeting to order again at 9:45 P. M. The recommendation of the Public Works.Committee'ihat the bid of Philip M. Ryan Cement Contractor for the construction of a sidewalk on the west side of 14th Ave. N.W. from 15th Ave. to 22nd St. N.W. and on the East side from 15th Ave. N.W. to the South line of Lot 20, Block 190 Elton Hills 4th Subdivision be accepted at the unit prices -bid and checks be returned to the unsuccessful bidders 'was read . Upon motion by Wilson, second by Leonard, and all voting 1 E 1 1 • 1 I.• 81 Record of Official Proceedings of the Common Council 3 of the City, of Rochester,..Minn., August 7, 1961 1 1-4 cc n U 1 C� 1 in favor thereof, the recommendation was approved. The recommendation of the Public Works Committee that the bid of Stephen B. Woodward for,the construction or reconstruction of concrete sidewalks at various locations in Southeast Rochester - Sidewalk Project #1-1961 be accepted at the unit prices bid and checks be returned to the unsuccessful bidders was read. Upon motion by Wilkus, second by Wilson, and all voting in favor thereof, the recommendation was approved. t The recommendation of the Public Works Committee that the bid of H. T. Eatle Sr. for construction of a curb and gutter and sidewalk on both sides of.4th Avenue Northeast from 15th Street Northeast to 16th Street Northeast be accepted at the unit prices bid and checks be returned to the unsuccessful bidders was read, Upon motion by DeVries, second by Wilkus, the recommendation was approved. All voted in favor thereof. The recommendation of the Pubbic Works Committee that the bid of- Doyle Conner Company for the reconstruction of pavement, sidewalk, curb and gutter on 4th Avenue N. W. from 2nd St. N. W. to.West_Center Street,be.accepted at the -unit prices bid and checks be returned to the unsuccessful bidders was read.' Upon motion by DeVries, second by Stadler, and all voting in favor thereof, the recommendation was approved. The recommendation of the Public Works Committee that the bid of Johnson.Bros. Highway and Heavy Constructors, Inc. for the relocation of a 8" water main in 6th St. S.W. across T.H. 52-14 be accepted at the unit.prices bid and checks be returned to the unsuccessful bidders was read. Upon motion by Leonard, second by Morris, and all voting in favor thereof, the recommend- ation was approved. . The recommendation of the Public Works Committee that the bid of James D. Wolff for the extension of a water main from 14th Avenue S. W. across the right-of-way of T. H. 52-14 to serve North Sunnfry Slopes and other areas be accepted at the unit prices bid and checks be returned to the unsuccessful bidders was read. Upon motion by Leonard, second by Stadler, and all.voting in favor thereof, the recommendation was approved. The recommendation of the Public Works Committee that the bid.of James D. Wolff Company for construction of a sanitary sewer across T. H. 52-14 to serve Lots 2, 3 and 4, Block 4 and Lot 5, Block_3, Rolwell Heights Addition and adjacent areas be accepted at the unit prices bid and checks be returned to -the unsuccessful bidders was read. Upon motion by DeVries, second by Leonard, and all voting in favor thereof, therecommendation was approved. The recommendation of the Public Works Committee that the bid of E. J. Vonch and E. J. Mahoney for the construction of a sidewalk on the east side of 17th Avenue•Ncr thwest from Elton Hills Drive to 22nd Street Northwest and on both sides of 17th Avenue Northwest,from 22nd Street to Cascade Street Northwest be accepted at the unit prices bid and checks be returned to the unsuccessful bidders was read. -Upon motion by Leonard, second by Morris, and all voting in favor thereof, the.recommendation was approved. The recommendation of the Public Safety Committee that the bid of Adamson'Motors in the amount of $3,344.86 for furnishing two police patrol cars to the City of Rochester be accepted 0- 382 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., August 7, 1961 and that checks be returned to the unsuccessful bidders was read. Upon motion by Stadler, second by Wilson, and all voting in favor thereof, the recommendation.was approved. The recommendation of the Committee of Frank J. Wilkus, Alderman, Garnet Spring,. Building Inspector and Robert Blakely, Poundmaster that the two bids received on August 7,.1961 for construction of a_dog kennel and house be rejected and certified checks be returned to the . two bidders, General Development Company and Larson Construction and further recommending.that the City Clerk be instructed to readvertise for bids for construction of a dog kennel and house, bids to be opened on September 5, 1961, was read. Upon motion by Wilkus, second by Stadler, and all voting in favor thereof, the -recommendation was approved. • The applications of Walter C. Bielen,,John Kerch, Crenlo, Inc., and Robert Travers for license to sell cigarettes were each_read and upon motion by Morris, second by Wilkus, the licenses were granted. _ The applications of John Kerch and Robert Travers for a license to sell soft drinks were each read and upon motion by Wilson, second by Wilkus, the licenses were.granted. ° The application of John D. Blee for a Master Plumber's license was read and upon motion.by DeVries, second by Leonard, the license,was granted. The applications of Edwin Woodrich and Wayne Ter'Veer for Journeyman Warm Air Heating, Ventilating anal Qir,Conditioning Workers license were each read and upon motion by DeVries, second by Leonard, the licenses were granted. The application of Roy C. Lovejoy for a license to connect withsewersand drains i 1 was read_ and upon motion by Leonard, second by DeVries, the license was granted. (, The application of Willis Bale for a permit to move a double garage from the 800 block on 5th Street Northwest to outside the city limitswas read and upon motion by DeVries, �{ second by Leonard, the permit was granted, said building to be moved under the supervision of the {� Chief of Police and the Building Inspector. ` The license bond of John D. Blee in the amount of $1,000.00 with the National Surety Corporation as surety was read and upon motion by Wilkus, second by DeVries, the bond was approved the surety thereon accepted and the bond was placed on file. .The contract bonds of Lyon Chemicals, Inc. in the amount of $2,217.60 with the St. • Paul Fire and Marine Insurance Company as surety; Littrup Nielson, Inc. in the amount_of $3,000.00 with the Ohio Farmers Insurance Company as surety; Doyle Conner Company, Inc. in the amount,of $146,725.54 with the Western Surety Company as surety; and Magee -Hale Park-O-Meter Company.in the amount of $47,542.00 with the National Surety Corporation as surety were each read and upon �+ motion by Wilkus,_second by DeVries, the bondswere referred to 'the Mayor for approval. The City Treasurer's report for the month of July, 1961 was read and President Tingley ordered the same placed.on file. _ z The progress report for the month of Jul_y,,1961 of the Civil Defense Director was f' read and President Tingley ordered the_same placed on file. 1 The report of the.City Weighmaster for the month of July, 1961 showing ,fees collected for loads weighed in the amount of $94.50 was read and President Tingley ordered the same placed Record. -of Official Proceedings -of the Common Council 383 0 of the City of Rochester, Minn., August--7, -1961 C`d U 1 1 • 1 The reports for the month of July, 1961-of the Building Inspector showing total fees collected for building permits-issued,$627.00; Electrical Inspector showing total fees collected for electrical permits issued,$262.75; Plumbing Inspector showing total fees collected for plumbing permits issued $155.25; Heating Inspector,showing total fees collected for heating permits issued $158.75 and fees,collected for sign permits issued $24.28 were each read and. . President Tingley ordered the same placed on file. The reports of the Clerk of Municipal Court for the week ending July 21, 1961 showing total criminal fines and costs collected and civil fees received $3,047.00 and total temitted to the City Treasurer $2,577.00; for the week ending July 28, 1961 showing total criminal fines and costs collected and civil fees received $3,437.00 and total.remitted to the City Treasurer $3,052.00; and for the,week_ending August 4, 1961 showing -total criminal fines and costs collected and civil fees received $3,528.00 and total remitted to the City Treasurer $2,552.32 were each read and having been approved by the City Attorney, President Tingley ordered the same placed on file. The following resolutions,were,each introduced and.read and upon motion made and seconded and all voting in favor thereof, President Tingley declared the said resolutions duly passed and adopted: Resolution appropriating $569.62 from the Bridge Fund and ordering -payment made to Agneberg-Sankstone-Forsberg. Upon motion by Joeonard, second by Morris, resolution adopted. Resolution appropriating $663.75 from.the P. I. R. Fund and ordering payment made to Agneberg-Sankstone-Forsberg. Upon motion by Leoeard, second by Stadler, resolution adopted. Resolution appropriating $1,596.51 from the Permanent Improvement Fund and ordering payment.made to E. C. Bather & Associates. Upon motion.by.Stadler, second by Morris,.resolution adopted. Resolution appropriating $7,379.62 from the P. I. R., Fund and ordering payment made to Stephan B. Woodward. Upon motion by Stadler, second by Leonard, resolution adopted. Resolution appropriating $1,932.26 from the P. I. R. Fund and ordering payment made to Stephabn B. Woodward. Upon motion by Leonard, -second -by Morris, resolution adopted. Resolution appropriating $775.83 from the Permanent Improvement Fund and ordering payment made to Wear Ever Aluminum, Inc. Upon motion by Morris, second by Leonard, resolution adopted. Resolution appropriating $14,525.83 from the P. I. R. Fund and ordering payment made to Doyle Conner Company. Upon motion by Stadler, second by Morris, resolution adopted. Resolution appropriating $53,217.16 from the Permanent Improvement Fund and ordering payment made to Rochester Sand & Gravel Company. Upon motion by Leonard, second by Morris, resolution adopted. Resolution appropriating $33,330.94.from the P.I.R. Fund and ordering payment made to Palda & Sons, Inc. Upon motion by Leonard, second by Morris, resolution adopted. Resolution appropriating $37,289.03 from the P. I. R. Fund and ordering payment made to 0 384 Record of. Official Proceedings of the Common."Council of the City of Rochester, Minn., August 7, 1961 ❑SWALD PUBLISHING CD. NEW ULM. MINN. A3528 Carlisle G. Fraser, Inc. Upon motion by Leonard, second by Stadler, resolution adopted. Resolution appropriating $6,935.98 from the P.I.R. Fund and ordering payment made to Carlisle G. Fraser, Inc. Upon motion by Morris; second by Leonard, resolution adopted. Resolution appropriating $19,817.15•from the Bridge Fund and ordering payment made to H. H. S. Dresser Company.. Upon motion by Stadler, second by Morris, resolution adopted, Resolution appropriating $20.00 from the Sewer Fund and $287.55 from the P.I.R..Fund and ordering payment made to Viker & Sorenson, Inc. Upon motion by Morris, second by Stadler, resolution adopted. -Resolution appropriating $2,235.60 from the Park Improvement Fund, $764.74 from the Lighting -Fund and $131.27 from the F.E. Williams Fund<and ordering payment made to Ole's Floor Mart $216.87; Lyon Chemical Company $792.22; Bergstedt Paint Company $357.88; City of Rochester General Fund $505.00; City of Rochester P. U. $952.28; The Kruse Company $307.36. Upon motion by Leonard,.second by Morris, resolution adopted. Resolution appropriating $2,858.39 from the M.C.A. Fund and $126.90 from the Lighting Fund and ordering payment made to C. M. Boutelle & Sons, Inc. $754.80; Walter C. Heins Agency. $1,180.60 and City of Rochester P.U. $1,049.89. Upon motion -by Leonard, second by Stadler, resolution adopted. Resolution appropriating 108 141.55 from the General Fund and ordering $ � gPayment made to Public Employees Retirement Association $40,745.18; Firemen's Relief Association $139'082.94; Public Health 41 Welfare Fund $50,379.48,and Police Relief Association $3,933.95. Upon motion by Leonard, second by Morris, resolution adopted. Resolution appropriating $1,116.10 from the General Fund, $348.08 from the S & A Fund, t $613.62 from the Police Fund and $462.15 from the Parking Meter Fund and ordering payment made to I Firestone Stores $348.33; R. L. Polk Company $330.00; Quality Printers & Stationers $436:37; Whiting Printers & Stationers $59 &07•and H & H Electric Company $527.43. _Upon motion by Leonard, second by Morris, resolution adopted. Resolution appropriating $1y807.76 from the Police Protection Fund and ordering payment made.to Gibbons.Printing.$289.50; Federal Laboratories, Inc. $208.57'; Gopher Stamp & Die • Company $393.05; 0 & B Shoe Store $229.54; Anderson's Men's-Wear $328.80 and -Minnesota Mining &. Manufacturing $358.30. Upon motion by Leonard, second by -Stadler, resolution adopted.- Resolution appropriating $1,193.99 from the S & A Fund, $400.00 from the Fire -Fund. and $2,217.60 from the.Sewer Fund and ordering payment -made to Doyle Conner Company $11,193.99; LeCenter Fire.Hose Company $400.00 and Lyon Chemical -Company $2,217.60. Upon -motion by Stadler, second by Leonard, resolution -adopted. - - - Resolution appropriating $12$05.73 from the General -Fund and ordering payment made to League of Minnesota -Municipalities $522.00; St. Mary''•s Hospital $465.35; Peoples Cooperative I Power Assn. $3,227.66; N. W. Refining -Company $1,298.86; Park Department $904.80; Mobil Oil Company $2,951.60; Standard Oil Company $1,078.51; Quarve & Anderson $1,628.45; Herbert'G. Kriopp Agency I • Record of Official Proceedings. of the. Common Council of the . City . of Rochester,, Minn., August 7 , 1961 1 CJ 1 1 • 1 O5WALO PIJ6LISHING CO�NEW ULM�M'1'N'fJ. A3528 $228.50. Upon motion by'Stadler, second'by Leonard, resolution adopted. Resolution -appropriating $720.24-from the.General Fund, $5,670.88 from the S & A Fund, $227.99 from the Fire Fund, $478.14 from the Sewer Fund, $250.70 from the Bridge Fund, $39.96 from the Parking Meter Fund, $1,176.69 from the Police Fund and $8.40 from the Permanent Improvement Fund and ordering payment made to City of•Rochester, General -Fund $2,549.89; N. W. Bell Telephone Company<$673.51 and Street --& Alley Fund $7,870.60. 'Upon motion by Leonard, second by Morris, resolution adopted. Resolution referring improvement petition for determination of adequacy, feasibility report and recommendation for grading and gravel surfacing of alley in Block 3, Cohley's Addition, extending east from the north -south alley.• Upon motion by Stadler, second by Morris, resolution adopted. Resolution approving the plat to be known and designated as Crescent Park Second Addition. Upon motion by Stadler, second by Morris, resolution adopted. Resolution authorizing the investment of'$300,000.00 in U. S. Treasury Bills (funds in theSinking Fund Account that will not be needed until January 1, 1962) maturing January 1, 1961. Upon motion by Stadler, second by Morris, resolution adopted. Resolution vacating and discontinuing the Northerly -Southerly al1W in Block 7, Williams, Healy & Cornforth's Addition. Upon motion by Leonard,'second by Morris,*resolution adopted. Resolution vacating and abandoning that portion of 1st Avenue Northeast as platted in Dashow's Subdivision which lies North of the North line of 16th Street -Northeast and South -of the South line of the alley running East -and West in Igo's Addition and Dashows Subdivision. Upon motion by Wilkus, second by Morris, -resolution adopted. Resolution accepting temporary easement given the City of Rochester' by Carl W. Elford and Vivian J. Elford for temporary turn around purposes in Crescent Park Second Addition. Upon motion by Wilkus, second by Wilson, resolution adopted. Resolution appropriating $750.00 from the General Fund and ordering payment made to Alex P. $mekta, Mayor. Upon motion by Wilkus, second by Wilson, resolution adopted. Resolution approving plans and specifications and ordering bids for construction of a sidewalk on both sides of 19th Avenue N. W. from 16th Street N. W. to 18k St. N.'W. Upon motion by DeVries,.second by Leonard, resolution adopted. Resolution accepting.bid of Adamson Motors for replacement of Two Patrol Cars in the Rochester Police Department. Upon motion by Morris; second by Wilson, resolution adopted. Resolution accepting bid of Johnson Bros. Highway & Heavy'Constructors, Inc. for the relocation of 8" watermain on 6th Street S. W.--across T.H. 52-14. Upon motion by Wilson, second by Stadler, resolution adopted. Resolution accepting bid of Doyle Conner Company -for reconstruction of pavenent, sidewalk, curb and gutter on 4th Avenue N. W. from 2nd Street N. W. to West Center Street. Upon motion by DeVries, second by St�adler,,�resolution adopted. • 3 8 6 Record of Official Proceedings of the Common Council of _the .City of Rochester, Minn., August ' 7, 1961 Resolution accepting the bid.of Stephen B. Woodward for construction of concrete sidewalks at various locations in Southeast Rochester, -,Sidewalk Project 1-1916. Upon motion by DeVries, second by Leonard,. resolution adopted. Resolution accepting bid of James D..Wolff,Company.for,construction of a sanitary sewer across T. H. 52-14. to serve Lots 2,.3 and 4, Block 4 and Lot 5 in Block 3, Folwell Heights Addition and_a4jacent areas. Upon motion by DeVries, second by.Legnard, resolution adopted. Resolution accepting bid of James D. Wolff Company for extension of a watermain from 14th Avenue Southwest across the right-of-way of T. H. 52-14 to serve North Sunny Slopes and other areas. Upon motion by.Wilkus, second by DeVries, resolution adopted. • Resolution accepting bid of E. J. Vonch and E. J. Mahoney for construction of a sidewalk on the East side of 17th Avenue.N._W. from Elton Hills Drive to 22nd Street N. W. and on.both.sides of 17th Avenue N. W. from 22nd Street to Cascade Street Northwest. Upon motion by DeVries, second by Leonard, resolution adopted. _ ..Resolution accepting bid of H. T. Earle Sr. for construction of a curb and gutter and sidewalk on both sides of 4th Avenue Northeast from 15th Street.to 16th Street Northeast. Upon motion by Wilkus, second by Wilson, resolution adopted. s , Resolution accepting bid of Philip M. Ryan for construction of a sidewalk on the west side of 14th Avenue N. W. from 15th Avenue to 22nd.Street-Northwest and on the.east side of 15th Avenue N. W. to the south line of Lot 20, Block 19,.Elton Hills 4th Subdivision. Upon I motionby DeVries, second by Stadler, resolution adopted. _ Resolution authorizing and.directing City Clerk -to readvertise for sealed proposals for the construction of a dog kennels and house. Upon motion by DeVries, second by Leonard, and -upon roll call and all voting in favor thereof, except Alderman Morris who voted "no", resolution adopted. The followingclaims were each read and upon motion by Wilkus, second by Morris, i and all voting in favor thereof, 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: Forest Busher $77.22; Cabinet Craft, Inc. $19.23; H. Dornack • & Sons $1.00; Hentges Glass Company $27.50; Elfreda Reiter, City Clerk $161.00; Stanley Morris, $7.95; Frank J. Wilkus $67.50; Jean Waskewica $93.00; Elfreda Reiter, City Clerk $149.95; H. A. Rogers Co. $10.79; Trautner Sales Company $63.52; Mayo Clinic $25.00; C. R._Holland,,M. D. $14.00; j Adams $22.45; The Johnson Company $65.21; Witte Transportation Co. $26.18;_Twin City Testing & Engineering $68.00; Standard Manifold Co. $19.35; P. I. R. Fund $77..20; H. A. Rogers Co. $72.09; Minneapolis Blue Printing Co. $21.52; Retail Credit Company $5.15; Rochester Plumbing & Heating, $16.00; Superior Sales & Service $4.5Q;.The McFarland Clinic $10.00;_Quarve & Anderson $6,25; Public Personnel Assn. $9.60; Miller Davis Company $11.48; Donald Mulholland $105.75; Robert J Blakely David A. Leonard $15.00; Harold DeVries $15.00; Elfreda Reiter $15.00; Alex P. $94.72; Smekta $12.00; Lawrence B. Stadler $12.00;.Henry Wildenborg $4.50; Alfred Nelsen $31.65; Coop. Oil Company $142.99; Marchant Division $41.00; Pitney Bowes, Inc. $17.40; Mobil Oil Co., $112.50; • Record _of Official Proceedings- of the Common Council .,of the.City-of Rochester, Minn., August 7 1961 387 1 • u 1 G6WALD Pll'6 LI6 FANG CG`. NE W'LII M�'M IN N-A352B Chicago Great Western Ry. Co. $15.00; H. A. Rogers $56.63; Nebraska Bridge & Supply $162.50; Wm. •L. Burrows $43.50; Charles Dornack $48.00; Walter B. Gordon $46.05; Garnet.Spring $36.00;• , Jairo Amares $40.00; Friden,,Inc. $26.04; Harry H. Evans $55.30; Pitney Bowes, Inc. $8.50; Newman Kraft Studio $2.50,; Rochester Post - Bulletin $175.44; Band Box.Cleaners $1.25; Gopher, Welding Supply $33.13; S. M. Supply Co. $11.82; Louis Bennett $147.30; Stanley Drips, Postmaster, $199.00; Cities Service Oil Co. $20.63; Peoples Natural Gas Co..$27.49; Witte Transportation $9.00: Clements -Chevrolet $32.25; PauL Smith $4.00; Dodge Lumber Co. $ 3.5.7; Ace Hardware $16.30; H. Dornack & Sons $30.65; American Municipal Association.$90.00; Rochester Materials Co. $25.20,; Schmidt Printing Co. $51.92; Cranston Typewriters $4.79; Monte's $13.40. _From the Street & Alley Fund: H. Dornack & Sons, $.25; S. M. Supply Co..$4,.25; Paul Smith $32.00; Fay Yennie $12.00; Cities Service Oil Coe, $87.73; Adamson Motors, Inc. $49.97; Borchert Ingersoll, Inc. $191.99; Wm.-H. Ziegler Co. $40.74; Peoples Natural Gas Company $104-.25; Witte Transportation -Co. $3.25; Consolidated Steel & Supply Co. $57.60; Scharf Auto Supply $28.16; Clements Chevrolet Co. $10.42; The,Woodruff Co. $10.24; City.of Rochester, P.U., $10.00; Clutch & Transmission Service $139.80•; Nutting Upholstery $89.60; Mobile Oil Co., $140.36; National Welding Supply Co. $39.8l.; Scharf Auto Supply $5.85; Clements Chevrolet Company,$31.44; Rochester Ready Mix Concrete $145.50;•Stelley-Webb Service $13.95; General Trading Co.,$2.40; Blacktop Paving $37..75; T & T Supply.$17.25; General Trading Company $56.94; Paul Smith $12.00; Fay Yennie $115.20; Clutch & Transmission $55.16; Botsford Lumber Co.-$12.80; Stone Oldsmobile $16.35; Dodge Lumber Co..$.60; National Bushing & Parts $19.33; Ace Hardware $28.80;-The Sanitary Company $5.40; Parkhill Bros..$7.09; General Trading Co. $117.04; Park Machine, Inc.-$23.46; Shovel Supply Co. $40.90; Universal.Motors, Inc. $.55 and Reeves Drug Store $8.69. From the Fire Protection Fund:. Elfreda Reiter, City Clerk $1.50; City of Rochester, P.U. $49.28;.Peoples,Natural Gas Co. $10.90; National Bushing & Parts $7.73; General Trading Co. $58.15; Alpek•Sheet Metal Works $18.10; Cooperative Oil Co. $.36; Culligan Water Conditioner $4.50; Universal Motors, Inc. $2.30;•Disons•Cleaners $37, 37; Quarve & Anderson $16.65; Mine Safety Appliance Co. $189.60; The Linda•Supply Co..$7.50; Alexander Auto -Electric $18.78; Kenneth Stoltenberg $79.85; Firestone Stores,.Inc. $12.44; Pittsburgh Plate Glass•$7.50; Pruetts Launderers $32.54; Gross Industrial Towel Service $38.05; Robert-L. [,rood $60.00; 11m. H. Wenzel $108.75; E. J. Klampe Co. $1.00; Parkhill Bros. $22,33; Hayes Lucas Lumber Co. $9...26; Scharf* Auto Supply •$114.45;.The Sanitary Co. $18.75; H. Dornack & Sons, $.50; Ace Hardware $21.18; Adair Electric $19.86; Gopher Welding $48.37 and Ahres Fox, Inc. $133.85. From the Police Protection Fund: Elfreda•Reiter City Clerk:$.48; National Bushing & Parts,$34.32; Ace Hardware $1.279; H. M. Vang $4.13; Reuben Rieck $66.00; 0 & 0 Sporting Goods $7.15;.M. C. Lawless $7.90;.P. E. Romano $17.75;•Roy Kingrey $19.50; Cronin Peterson $122.55;' Charles Campbell $60.00; Monte's $26.85; Trautner Sales $4.95; Carl Entenman & Sons $14.25; Axel Moberg $7.37; Axel Moberg $38.12; Police Supply Co.•$18.28; Key Laboratories Inc. $10.00; Fire & Safety #3.00; Nelson Tire & Appliance $58.82; Schmidt Printing $173.14; Fred Kelly $15.00; Lee Graham $15.00; Guy Barnes $22.82; Universal Motors $12.50; Adamson Motors $199.85; Lalwlers 9 3 8 8 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., August 7, 1961 Cleaners $27.36; Pulver Motor Service $5.00; Cranston Typewriters $,5.50,; Reeves Drug Store $3.56;. Wong's Cafe.$26.80; Elliott & Hanson $29.19; C.. R. Holland $110.00; Kruse Company $.2.8,8; Harolds Auto Electric $117.57; From the Sewer Fund: City of Rochester, P.U. $31.73; S. M. Supply Company $20.80; Peoples Natural Gas $9.97; Woodhouse Bros. $1.60; Gexieral,Trading $47.32; Dodge Lumber $40.00; Pakhill Bros. $132.90; Municipal JEquipment Co. $183.91; Zep Mfg. Co. $146.89; Continental Oil Company $ y1.90; Parkhill Bros. $3.45; Gibbons Printing $27.70; R. C. Drips $15.10; S. M.. Supply $38.16.; Monroe Calculating Machine Co..$39.00; Rochester Materials $30.00; Foster Electric $54.74; Walker Hardware $12,6.12; M. C. Lawyers $30.90; General Trading Company $29.65; Fire & Safety $3.50;.Reeves Drug Store $4.24. From the Auditorium Fund: N,.,W. Bell Telephone Co. $73..05; Fair Play Score Board Co,. $10.42; Marigold Dairies $198.48; Cal Smith $110.22;,R.. L. Polk Co. $33.00; Arthur Hall, $20.00; The Johnson Co. $8.65; Pruetts Launderes $4.62; R. A. MacDowiell $49.60; Amriecan Linen Supply $19.00; Cal Smith $9.36; Railway Express Company $9.15. From the Lighting Bund: City of Rochester, P.U. $21.60. . From the Music Fund: Elfreda Reiter, City Clerk $10.00; G. Schirmer & Co. $6.97; Mills Music Co. $11.00; James Miller $10.00; John Miller $46.00; Mrs. Jergen Peters $36.00; Jeffrey Thorkelson $36.00; Sigrid Kraft $36.00; Fred Young $36.00;-I. Mary Keys $12.00; William Watson $52.60; Katherine Anderson,$36.00; Fern McKnight $36.00; Mrs. Abner Haugen $36.00; Beatrice Sandum $36.00; S. J.•Herting $54.60; David Bircher $47.00; Lloyd Johnson $18.00; Marvin McCoy $129.00; 4. W. Dieter $61.00; Carl Dtibbert,$54.00; BruceDouglass $36.00; William. Larson $18.00; Robert Erickson $54.90; Hiram Wiser $36..00; Robert Stroetz $110.00; John Wood. $58.60; Walter Gludt $81.00;.Jack Bowman $65.20; Willard Johnson $54.00; Kenneth Swanson $114.00; Donald Gjderum $61.00; ,Terry Leimeir $95.40; Joe McGlinch, $60.00;+C1em,LaBarre $54.00;•Eva Hradetzky $54.00; Beverly Wales $30.00; Hans Schmettau $94.00; Oscar Johnson $63.00; Janet McDonald $54.00; Ted Cervania $54.00; Elmer Arch $54:00; Ann Anderson $59.00; Elizabeth Holmes $41.00; Chester Lee $76.40; Harold Sundet $84.00; Eugene Vuicich $86.00; Marvin McCoy $105.00; Sigrid Kraft $20.00; A. W. Dieter $32.00; Karl Dubbert'$30.00; Ray Cleveland $30.00; Bruce Doulas $30.00; Clem•LaBarre $30.00; Robert,Erickson $30.00; Hiram Wiser $30.00; William Larson, $30.00; Robert;Stotz $38.00; Jack Tedrow $40,00; James Miller $30.00; William Tuttle-$32.00; Gary Rarpela $32.80; John Wood $30.00; Walter Gludt $37..20;.Jack Bowman $33.20;•David Bicher $15.00; Mrs. Jergen Peters•$20.OQ; Willard Johnson $50000; Lester Miwa $39.20; Jay Robinson, $32.40; Carlene Plattum,$30.00; Fred Heyer $19.60; Kenneth Swanson $54.00; Peter Thorkelson, $30.00; George Jamsa $32.OQ; Donald Gjderm $87.00; Volney Reifsnider $32.00; Clayton Tiede, $15.00; James Lobland $20.00; Patricia Carr $15.00;.Willis Thorn $5000;.Mary Koester $10.00;. From the Parking Meter Fund: H. Dornack & Son $56.25; Monte's $2.20; Rochester Visitor $15.00; Park Department $181.72., From the Park Improvement Fund: Hentges Glass Company $2.50; Everett Hicks $102.12; 1 u 1 1 E 1 0 • Record of, Official. Proceedings of, the Common Council of the City of Rochester, Minn., August 7, 1961 1 • 1 1 • 1 Seven Up -Bottling $2.75; Quality -Shoe Repair $19.50; Allen Truck $44.93; Parkhill Brothers, $4.77 Tri State Tire Co: $32.83; Nelson Tire ,& Appliance $6.50; Alexander Auto Electric $.40; National Bushing & Parts•$41.93; Botsford Lumber $4.50; S: M. Supply -Co. $27.72; Red Wagon•Service $35.00;'i The Woodruff Company $66.16; LeRoy Hennum $2.10; Reeves Drug Store $2.65; Peoples Natural Gas $4.65; R.-C. Drips Grocer $20.90; H &•H Electric.$17.50; H.,Dornack & Sons $6.95; Fruetts Launders $28:20; General Trading Company $85.85; City of Rochester P.U., $45.37; Gopher Welding $23.07; Woodhouse Bros. $88.35; Peoples Natural -Gas $41.73; Major Supply Co. $65.25; Minnesota Toto Inc. $26.33; Scharf Auto Supply $18.40; Dieter Paper Supply $5.95; Rochester Sand & Gravel $25.20; Sears Roebuck $3.18; Witte Transportation $3.00; General Farm Supply $90.75; Rochester Fertilizer 926.02; Stop&ls Feed $173.50; Ace Hardware $50.85;-Norma Amundsen $21.34; Karen Schley $100.80;-I. B. M. $33.25; Johnson Company $12.65; R. L. Polk Co. $33.00; Whiting Press $12.47; Hentges Glass $2.50; - - - t From the P.I.R. Fund: Twin City Testing & Engineering $43.00; Littrup Nielson $49.55. From the F: E. Williams Estate Fund The Kruse Co. $131.27; SquiresiElectric $111.89; The Woodruff Company $2.61; LeRoy Hennum $1.50; Ace -Hardware $1.30; Hentges Glass Company $2.50. Mr. Harold Fink of'203 - llth Avenue Northeast`was present and inquired if during the paving.of llth Avenue Northeast if any plans were being made to take care of the overflow of water on 2nd Street Northeast every time it rains. Mayor Smekta also said that he'thought the City was building a storm sewer on llth Avenue Northeast•from•the Railroad tracks to Silver Creek at the same -time as the paving was done. C.-A. Armstrong, City Engineer, explained that there was nothing in the present plan for a storm sewer, as a matter of fact there are no fund, but -the storm sewer which corsses llth Avenue is being rebuilt as the paving is done. A motion was made by Stadler, second by Wilkusk and all voting in favor thereof, that the water problem on 2nd Street and llth Avenue Northeast was referred to the Public Works Committee. Mr. Richard Garmers of 318 - 18th Avenue Southwest was present and said they had a water problem in the alley behind their houses from 3rd-Street to 6th Street S. W.; he said the property belonged to Mayo Priebe and the water comes almost up to their houses when it rains hard; he said it is much worse since Folwell Heights was developed and he thought probably something could be done before the Highway starts construction. C•.. A. Armstrong, City Engineer, said- there has always been a water drainage problem here and about the only was to correct it woudl be to start at Cascade.Street•and take it underground to West Zumbro. Upon motion by Stadler, second by -Morris, and all voting in favor thereof; this problem•was referred to the Public Works Committee. -Lt. Colonel Joseph C. Poire was before the Council and explained the new Air Force Reserve -Unit in Rochester. He said this unit was officially organized July 1, 1961 and would have 178 men and officers (156 men and 22 officiers) recruited from within a 100 mile radius; he said the annual payroll -would be about $75,000.00 and the -men would train in Rochester one weekend each month; they will work directly with Civil Defense and Amateur Radio and will take 9 390 Record of Official Proceedings of the 'Common Council of the City of Rochester, :Minn., August 7, 1961 overtthe Municipal Airport -in event of a national emergency. There are 156 such squadrons being organized throughout the nation but this is the only one in Minnesota. He said the main mission would be to aid and assist military and civilian aircraft if and when other -bases are destroyed. -An Ordinance stablishing Interim Zoning Procedures for North Broadway between Seventh Street and the Zumbro River,•was given its third and final reading. A motion was then made by Leonard, second by -Stadler; that the said ordinance•be RMX adopted and upon roll call, -Leonard, Morris, Stadler and Wilson voting "aye" and DeVries, Wilkus and Tingley'voting "no", President'Tingley declared the motion -not carried and the ordinance not adopted. An Ordinance amending an Ordinance Entitled, "An Ordinance Granting to the Northern Natural Gas Company, a Corporation (Operating as Peoples Natural Gas Division) Its Successors and Assigns, a Non -Exclusive Franchise to Produce'and Manufacture and to Use the Streets, Alleys, and Other Public Places for the Transmission, Distribution and Sale of Gas and'Prescribing the -terms and conditions of Such Franchise(by amending the rates as follows)'was given its third .and final reading: SCHEDULE OF MAXIMUM RATES FOR FIRM RETIAL GAS SERVICE First 600 cubic feet $1.00 (Minimum charge) Hext 29400.cubic feet 1.18 per thousand cubic feet Next 47,000 cubic feet .68 per thousand cubic feet Next 50,000 cubic feet .66 per thousand cubic feet Next 200,000 cubic feet .62 per thousand cubic feet All excess cubic feet .58 per thousand cubic feet Discount; The above schedule is net; if bill is not paid within ten days, the gross rate applies, which is the net schedule plus 10% of the cost of the first 50,000 cubic feet of gas or part thereof used. SCHEDULE OF MAXLMUM'RATES FOR INTERRUPTABLE RETAIL GAS SERVICE First 600 cubic feet 1.00 (Minimum charge) Next 2,400 cubic feet 1.18 per thousand cubic feet Next 47,000 cubic feet .68 per kthousand cubid feet Next 50,000 cubic fleet .66 per thousand cubic feet Next 200,000 cubic feet Al per thousand cubic feet All excess cubic feet .38.per thousand cubic feet Minimum Bill: Such sum as will cover interest and depreciation on investment required to serve customer. A motion was then made by Stadler, second by Leonard, that the said Ordinance be adopted as read and upon roll call and all voting in favor thereof, except President Tingley who voted "no", President Tingley declared the said ordinance duly passed and adopted. An Ordinance amending an Ordinanee entitled "An Ordinance for the purpose of promoting health, safety, order, convenience and general welfare by regulating the use of land, the location, size, use and height of buildings and the arrangment of buildings on lots, and the density of population with the City of Rochester, Minnesota, all in accordance with a comprehensive,plan (changing Lots 1 to 6, Block 1 and Lots 7 to 16 inclusive and Lots 23 to 32 inclusive in Block 4 of Graham Addition to Multiple Dwelling District; and changing Lots 1 to 7 inclusive and Lots 17 to 22 inclusive, Block 4 of Graham Addition to Commercial District) was given its second t . reading. An Ordinance annexing to the City of Rochester, Minnesota, certain unplatted land not exceeding two hundred acres in area,,all being in the Southeast One -Quarter of Section Three, 1 u 1 1 • 0 Record of :Official Proceedings of the 'Common Council 391 of the City of Rochester, Minn:, August 7,. 1961 1 CQ • 1 1 • Township One Hundred'Six North, Range Fourteen West, Olmsted County, -Minnesota (926 - 17th Ave. S. W.) was given its second reading. An Ordinance establishing the Position'of-Electrical Inspector and Prescribing his Duties, Providing for the Licensing of Electricians, Providing for the Issuance of $ermits for Electrical Work and the Fees -for such Permits, Providing for the Approval and Inspection of . Electrical Work, Establishing an Electrical Code for the City of Rochester and Providing for its Enforcement, and Providing Penalties for the Violation of the Provisions of this Ordinanee, was given its Third and Final reading. Mr. Joe Weis, representing the Home Butlders was present and again opposed Section 7,kc) Circuits and Outlets (1) All circuit wiring shall be installed in a metallic raceway not less than one-half (1/2") inch in diameter. Armored cable shall not be considered -a metallic raceway or an.acceptable substitute therefor. With the.approval of the Electrical Inspector, three -eights (3/8") inch flexible metal cable may be used in remodeling work when the use of one-half inch metallic raceway is not practicable. Mr. Weis said that they were not opposed to the entire ordinance but just this section, he did not feel that people purchasing houses should have to pay $200.00 or more addition money just to enclose the wiring this way. Mr. Larry McCa.leb als o spoke against this section of the ordinance and presented figures that he had gotten sh&wing liow much more it would cost. Ar. Walter Gordon Electrical Inspector, spoke in favor of addintg this section and so 'did Mr. Earl Squires. After further discussion a motion was made by Stadler, second by Wilson, that the said Ordinance be adopted as read, and upon roll call and all voting in favor thereof, President Tingley declared the said Ordinance duly passed and adopted. Alderman Wilkus introduced a resolution establishing building setback lines of a distance of not less than 25 feet in Crescent Park Second Addition, which was read. A motion was made by Wilkus, second by Stadler, that the said resolution be adopted as read and all voting in favor thereof, President Tingley declared the said resolution duly passed and adopted. Alderman Wilkus introduced a resolution that the provisions of Section 8 (c) of the Zoning Ordinance of the City of.Rochester relative to minimum rear yard requirements is hereby varied with respect to Lot Nine (9) Lemke's Addition,'Olmsted County, Minnesota, so as to require a rear yard on said lot of not less than 8 feet, which was read. A motion was made'by Wilkus, second by Wilson, that the said resolution be adopted as read .and all voting in favor thereof, President Tingley declared the said resolution duly passed and adopted. R. V. Ehrick, City Attonney, stated that copies of an ordinance relative to 01vil Defense) had been submitted to the Council and it was to be considered at tonight's meeting; since then certain problems have arisen in connection with Federal funds and with the establishment on an interim basis of a Civil Defense organization for the City itself and in conjunction with Alderman Stadler, I have for tonight prepared an ordinance which repeals our present Civil Defense Ordinance (No. 751) and I have prepared for the consideration of the Common Council a resolution which uuiDor to establish a Civil Defense organization for the City of Rochester only. Ordinance No..751 is no longer adequate under any standards, it was adopted under the State Law in effect in 1949, the ordinance was adopted in 1951, there is a provision in the old ordinance that the Mayor.of the 0 392 Record of Official Proceedings of the Common Council - of_the City of Rochester, Minn., August 7, 1961 C.5.W A LC.P U,8 LI E.M,I,N.D.C.C...N E W_U LM..M,i.N,N..A3 528 City of,Rochester is the Director of Civil Disaster Relief Organization. The terminology does not conform to the statutes, the old ordinance does recognize the general power of the Governor and Mayor and does not recognize the authority of the Council. He said he did not think that Ordinance No. 751 is effective or meets our present requirements, however, this ordinance as such can only be amended by another ordinance, so if the Common Council is to take some interim or immediate action to establish a Civil Defense Agency by resolution, while you are considering the other ordinance, it would be necessary to repeal Ordinance No. 751 and then consider this resolution. The resolution is basically the model put out by the League of Minnesota Municipali= ties and provides basically the same as the proposed ordinance, except it does not recognize any joint County -City organization and it does not -provide for a joint Civil Defense Director; he said he thought the immeddate problem was whether or not to adopt this resolution and then leave the j&int organization of the City and County for subsequent action or agreement, or in lieu delay the entire thing and adopt the proposed ordinance - delay it till we -have the joint agreement firmly in mind. Some of the'advantages of adopting this resolution now is (1)it will legalize our Civil Defense organization and enable us to participate in the State plan and Federal matching funds (2),it will enable our Civil Defense Director to'take some immediate steps to establish some skeleton organization for Civil Defense,at the present time he -has no authority to act for the City, he is Civil Defense Director in name only and I am not certain that it good because he has not been appointed by the Mayor or by the Common Council (3) against the adoption of this resolution, it does postpone a solution of this problem of how do we establish a proper functioning joint Civil Defense organization and how do we resolve the problems'Nthat naturally"arise in connection with such an organization. It would appear to me that nothing is lost by. adopting this resolution to hold us while we are considering in further detail this jaint•City=County Civil Defense organization. Alderman Stadler then introduced anrordinance entitled "An Ordinance Repealing an 0 ordinance entitled An Ordinance establishing a Civil Disaster Relief Committee and Granting Certain executive powers with respect thereto and for related purposes", which was given its first reading. Upon motion by Stadler, second by Morris, and upon roll call and All voting in favor thereof, ther rules were suspended and the ordinance was given its second reading. Upon motion by Wilson, second by Wilkus, and upon roll call and all voting ih favor thereof, the rules were suspended and the ordinance was given its third and final reading. A motion was then made by Wilson, second by Morris, that the ordinance be adopted as read and all voting in favor thereof; President Tingley declared the said ordinance duly passed - and adopted. Alderman Stadler then introduced a resolution providing for Civil Defense and for the protection and promotion of public safety, health and welfare in the City of Rochester, Minnesota during Civil Defense emergencies and providing penalties for the violation of this resolution, 1 U 1 1 L 1 0 Record of Official Proceedings of the Common Council 3931 of the City.. of Rochester, Minn., August 7, ,1961 which was read. A motion was made by Stadler, second by. Leonard, that'the said resolution be addpted as read and all voting in favor thereof,'President Tingley declared the said resolution duly passed and adopted. A plat known as Ahrens DAlsbo Addition , which had been previously approved'by the Council was again presented. It was noted that there were some changes from the way'it was finally approved: Upon motion by Stadler, second by Morris, and all voting in favor thereof., the plat was again referred to the Planning and Zoning Commission.' Upon motion by Morris, second'by Leonard, and all -voting in favor thereof, the meeting was adjourned until 7:30 P. M. on August 21, 1961. � City Clerk 1