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08-01-1966
Wig' Record of Official Proceedings of the Common Council �5 61 of the City- of Rochester, Minn., August 1, 1966 1 • 1 C� C 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 1, 1966. President DeVries called the meeting to order at 2:00 o'clock P. M., the following members being present: President DeVries, Aldermen Day, Eichten, Folkert,•McCaleb, Perry, and Wilson. Absent: None. Upon motion by Eichten, second by Day, and all voting in favor, the minutes of the meetings of July 18th and July 27th, 1966 were approved. President DeVries stated this as being the time and place set for receiving and opening bids for the following projects: Bids for furnishing a fixed time traffic control signal system at 1st Avenue and 6th Street S. W. The bid of H.& H Electric Company in the amount of $6,982.00 was received and opened and upon motion by Wilson, second by Eichten, and'all voting in favor, the bid was referred to the Public Safety Committee for tabulation and recommendation. Bids for grading, base and bituminous surfacing for taxiway construction on T-Hangar at Rochester Municipal Airport. The bids of Rochester Sand & Gravel'Company in the amount of $5,543,90 and Leon Joyce Blacktop Company in the amount of $6,.133.50 were each received and opened and upon motion by Eichten, second by McCaleb, and all voting in favor, the bids were referred to the Airport Commission for tabulation and recommendation. Bids for sanitary sewer and water main extensions on north side of 19th Street N.W. from 20th to 21st Avenue N. W.; on 20th Avenue N. W. from 19th to 20th Street N. W.; on 20th Street N. W. from 20th Avenue to 21st Street N. W. in Northgate 6th Addition. The bids of Carlisle G. Fraser, Inc. in the amount of $16,980.70 and Littrup Nielson, Inc. In the amount of $17,966.00 were each received and opened and upon motion by Wilson, second by McCaleb, and all voting in favor, the bids were referred to the Public Works Committee for tabulation and recommendation. Bids for regrading and repaving the east -west alley in Block 14, Head & McMahons Addition west of 5th Avenue S. W. including revising sidewalk grades on the west side of 5th Avenue S. W. between 2nd and 3rd Street S. W. and on the south side of 2nd Street S. W. between 5th Avenue S. W. and 6th Avenue S. W. Only one bid was received and upon motion by Eichten, second by Wilson, and all voting in favor, the City Clerk was instructed to open the one bid. The bid of Doyle Conner Company in the amount of $5,963.00 was opened and upon motion by Wilson, second by Eichten, and all voting in favor, the bid was referred to the Public Works Committee for tabulation and recommendation. A letter from Philip W. Brown regarding the noise caused by motorcycles going up and down 6th Street S. W. was read and upon motion by Perry, second by Wilson, and all voting in favor, the letter was referred to the Public Safety Committee. A letter from the Board of Park Commissioners requesting consideration of additional lighting through the center of the Auditorium Parking Lot was read and upon motion by Eichten, second by Perry, and all voting in favor, the letter was referred to the Public Works Committee. 0 562 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., August 1, 1966 The following veto message submitted by Mayor Smekta was read: "Members of the Common Council City of Rochester Rochester, Minnesota Gentlemen: I herewith return with my veto;,Council Resolution adopted July 18, 1966, granting additional driveway and access between Fifth.Street Northwest and properties in Northwest corner of Fifth Street Northwest and Eleventh Avenue Northwest for the following reasons: 1. Deep consideration of safety and welfare of the general public in this area. 2. Fifth Street. Northwest was planned and constructed as a limited access thoroughfare. 3. After consultation and recommendation by Highway Safety.Engirieers and Minnesota Highway Department, limited access rights were acquired at maximum cost. 4. The right of limited access was purchased from Minnesota -Wisconsin Transportation Company with Rochester tax dollars. 5. The right-of-way land was paid with Rochester tax dollars and should not be given away by the City Council. 6. Present owner knew of the City's right-pf-way limitation purchase when he bought the land from Minnesota -Wisconsin Transportation Company. 7. With increased traffic on Eleventh Avenue Northwest and Fifth Street Northwest, safety hazards will be multiplied in the future. 8. Present owner has.added to safety hazards of pedestrian and.vehicular traffic in this area by constructing fruit and milk stands. What will he build next? 9. I submit that the City did not buy land for limited access on Fifth Street Northwest where Mobile, Texaco and Phillip"s 66 Stations are now located. 10. I urge the Council to deny the request. Precedent has been established by our State Courts and the Minnesota Highway Department on limited access of city streets and state highways. 11. Under Minnesota Law, members of the Council may be subject to litigation by any taxpayer. With Rochester growing and faced with possibility of acquiring limited access right-of-way in the future, I suggest and recommend that through Council - denial the owner take the City to court. Court action will give future City Councils guidance. In conclusion, our Attorney has recommended and advised you as Elected Officials and Members of the City Council, that this land acquired by Tax dollars should not be given away. I strongly suggest and recommend that his advice be accepted and followed. Sincerely, /s Alex P. Smekta, Mayor" The following resolution was then again read: BE IT RESOLVED by the Common Council of the City of Rochester that Clarence Johnson, owner of the real estate located at the northwest corner of the intersection of 5th Street Northwest and llth Avenue Northwest in the City of Rochester, is hreby granted permission to: (1) Construct a new driveway to his said property from 5th Street Northwest centered on a point approximately 65 feet west of the west curb of llth Avenue Northwest; and (2) Widen the existing driveway which enters upon 5th Street Northwest at a point approximately 300 feet west of the west right-of-way line of llth Avenue Northwest, to a width of not more than 40 feet. . Said construction shall be in accordance with plans and specifications to be drawn or approved by'the City Engineer's Department in accordance with the prelim inary drawing filed with the City Clerk by the said Clarence Johnson. The new driveway to be constructed as provided in (1) above shall be a one way driveway for the purpose of ingress only from 5th Street Northwest to the abutting property. All costs of construction, including the engineering, supervisory, and administrative costs, shall be " paid by the said Clarence Johnson. BE IT FURTHER RESOLVED that in granting permission to the said Clarence Johnson to construct the new driveway entrance set forth in (1) above and to widen the existing driveway as set for in (2) above, the City does not waive or abandon its right, lawfully acquired by condemnation proceedings, to prohibit all access to 5th Street Northwest at the location of the driveway set forth in (1) above, and does not waive or abandon its right to reduce the width of the driveway set forth in.(2) above.. Whenever the Common Council hereafter determines that it is in the best interest of the public to prohbit 1 • 1 • 11 Record of Official Proceedings of the Common Council 40 of the City of Rochester, Minn., August 1, 1966 563 1 • 1 1 E 1 or reduce access to 5th Street Northwest, then the owner of the property abutting the driveway described in (1) above shall close and remove the same at his own expense and the owner.of,the property abutting the driveway in (2) above shall reduce the width thereof at his own expense. BE IT FURTHER RESOLVED that a copy of this resolution be filed in the office of the Register of Deeds in and for Olmsted County, Minnesota." Mr. Harold Krieger, Attorney representing the petitioner, was again present and urged that the Council override the veto and approve the resolution. A motion was then made by Day, second by Wilson, that the veto of the Mayor be overridden and the resolution be adopted as read; upon roll call Day, Eichten, Folkert, McCaleb and Wilson voting "aye" and Perry and DeVries voting "no", President DeVries declared.the motion carried, the veto overridden and the resolution was approved. The recommendation of the Public Safety Committee stating that under the authorityl of Section 158.040 of the Municipal Code of Rochester, the Public Safety Committee recommends that Rochester Yellow Cab Corporation be authorized to add five (5) additional taxicabs, was read. A motion was made by Eichten, second by McCaleb, that the recommendation be approved and the additional taxicab licenses be granted. Mr. Joe Kremer, Manager of the Yellow Cab Corporation, was present and stated that the reason they had requested additional cabs was to keep pace with the growth of the city,.he said it took quite a while to,get new cabs and if they did not get their order in they would not have them by the winter traffic. Mr. Carl Peterson, owner of Blue and White Cabs, stated he did not feel that additional cabs were necessary, he said he had heard no complaints about the service at present and felt before additional cabs were granted a public hearing should be held. A motion was then made by except Eichten and Perry who voted "no", Day, second by Folkert, and all voting in favor,/the recommendation was tabled until September 6th and in the meantime it be referred back to the.Public Safety Committee for further discussion. Upon motion by Eichten, second by Wilson, and all voting in favor, the meeting was) recessed at 3:15 P. M. President DeVries called the meeting to order again at 3:40 P. M. with all members being present. A letter from Halling Insurance requesting permission to construct six canopies on the street side of their building at 700 First Avenue S. W. was read. This request is covered in the Building Code, so a motion was made by Eichten, second by Wilson, that the request be referred to the Inspection Department; all voted in favor. A letter from Mrs. R. E. Spiekerman, President of Board of Aldrich Nursery School,) regarding parking around the said school at 47 - 13k Street N. W. was read and upon motion by Perry, second by Folkert, and all voting in favor, the letter was referred to the Public Safety Committee. The claim of Mrs. Charles Ptacek of Thief River Falls, Minnesota was read and up motion by Perry, second by FFolkert, and all voting in favor, the claim was referred to the City Attorney. The City Engineer's preliminary estimates for (1) furnishing a fixed time traffic control signal system at 1st Avenue S. W. and 6th Street S. W. in the amount of $5,575.00 (2) regrading and repaving the east -west alley in Block 14, Head & McMahons Addition in the amount 564 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., August 1, 1966 0 of $5,233.80 (3) sanitary sewer and water main extensions on north side of 19th St. N. W. from 20th to 21st Ave. N.W.; on 20th Ave. N.W. from 19th to 20th St. N.W.; on 20th Street N. W. from 20th Ave. to 21st St. N.W. in Northgate 6th Addition in the amount,of $16,258.40 and (4) pedestrian overpass structure over Trunk Highway 52 at 14th Street N. W. in the amount of $40,000 to $50,000 were each read and President DeVries ordered the same placed on file. A letter from the Board of Public Health & Welfare requesting approval of the appointment of Mrs. William Burke of 2005 Arlen Drive as a staff public nurse was read and upon motion by Perry, second by Eichten, and all voting in favor, the appointment was approved. Two resolutions adopted by the Public Utility Board (a) resolution requesting authorization to enter into contract with Pfeifer and Schultz, Engineers for engineering services for expansion of the Silver Lake Generating Plant and (2) requesting that $149,937.50 be appropriated to purchase Federal Home Loan Consolidated Bonds and Cooperative Consolidated collateral Trust Debentures were each read and the same were tabled until the evening meeting. The recommendation of the Planning & Zoning Commission stating that they had reviewed the petition to annex to the City of Rochester, Minnesota parts of Lots 1, 4, 10 and 21 and all of Lots 11, 12, 15, 16 and 18, Allendale Subdivision; they have received from Cascade Township a written statement that on July 26, 1966 the Town Board voted to object to this proposed annexation and in view of this objection being filed, the City no longer has jurisdiction in the matter and action must now be taken by the Minnesota Municipal Commission; and they recommend that the Common Council notify the Minnesota Municipal Commission that the City of Rochester is willing to have this property annexed to the City, was read. Also a report from the City Engineer stating that there is sanitary sewer main in 18th Avenue N. W. extending from the south line of Allendale Subdivision to the South of Lot 5, the south k of Lot 5, Lots 6, 7, 8, 9, 10, 11 and 12 as they abut 18th Avenue N.W. can be or are connected to this main; there is also the recently constructed sanitary sewer main that runs thru lots 23 and 24 from the north line of Lot 24 to the south line of Lot 23 and the parcels that actually abut this main can connect; the other parcels that have petitioned for annexation (in Lots 1,14,15,16,18 and 21) do not abut a sewer main and could not be served without extension of the present main or construction of additional mains, Lots 1 and 21 could be served with simple extensions, the other lots will require considerable construction of outfall mains and platting of the property to provide public streets in which to construct the sewer mains was read. There would only be approximately ten lots that could be connected -to the present sewer and this could not be done this year; it was also reported by the Health Engineer that there was no report of water'or sewer contamination inthis area. A motion was then made by McCaleb, second by Wilson, that this recommendation be tabled until after the first of the year and the City Attorney be instructed to prepaw a resolution to send to the Minnesota Municipal Commission stating that a schedule on the annexation had been • 1 1 • 1 Record of Official Proceedings of the Common Council of- the City of Rochester, Minn., August 1, 1966 56 1 CJ 1 1 • 1 agreed with the Township;. all voted in favor thereof. The recommendation of:the Planning and Zoning Commission stating that they had reviewed the petition to annex parts of Lots 1, 4. 10 and 21 and all of Lots 11, 12, 15, 16 and 18, Allendale Subdivision and also the need to make provision for needed public streets that will be needed for vehicular access and utility locations as apart of future.development in the area and recommend that the land needed for street right-of-wayas shown on the adopted official street map of Allendale, applying to the above properties -be dedicated to the City of Rochester for street purposes, was read. Upon motion by Wilson, second by Perry, and all voting in favor, the recommendation was tabled until after the first of the year. The recommendation of the Planning and Zoning Commission stating that they had reviewed the final plat of Count y Club Manor Eighth Subdivision with specific reference to the offer of the owner to dedicate an area of land in this subdivision for park purposes and also reviewed the minutes of the Park Board meetings of Tuesday, July 19, 1966 pertaining to this matter and find that the final plat, as proposed by the owner, is in accord with the adopted land use plan for Country Club Manor Subdivision and therefore recommend that the plat be granted final approval and the park dedication be accepted by the City of Rochester, was read. The plat was reviewed and Alderman Eichten stated that when the Council met with the Park Board they had approved accepting this park ifa 50 ft. driveway was given and he did not think! the City should have any park without access. .A motion was then made by Eichten, second by Wilson, that this plat be held until such time as the City receives the necessary driveway dedicated of sufficient width, not less than 30 feet, and that this be referred back to the. Planning & Zoning Commission; all voted in favor. The recommendation of the Planning & Zoning Commission stating that they had. reviewed the need for a study to determine the feasibility of developing a high level water system for the property at an elevation of 1100 in the Assissi Heights, Indian Heights, Grindly, Arnold and Haling property area and recommend that such a study be made was read and upon motion by Wilson, second by Folkert, and all voting in favor, the recommendation was approved and the City Engineer was instructed to make the feasibility study. A letter from the City Planning Director stating that the final plat of Crossaoadsi Center Subdivision has been re -submitted, that he had checked it over and find that the revisions requested by the Common Council have been made, was read. Upon motion by McCaleb, second by Day, and all voting in favor, a hearing on the final plat was set for 7:30 o'clock P. M. on August 15, 1966. The feasibility report of the City Engineer stating that a certain petition requesting sidewalk on both sides of 18th St. N.W. from 21st 5o 25th Aveneue N. W. had been referred to him, that the petition had been checked and found to be in proper form, signed by 11 of the 21 owners, representing 50.3% of frontage property affected, that the improvement is feasible and recommend its construction, the estimated cost if $3,720.00, was read together with the recommendation of the Public Works Committee that the project be constructed with the costs assessed against the abutting property. Upon motion by Wilson, second by McCaleb, and 0 566 Record of Official Proceedings of the Common Council of the City of. Rochester, Minn., August 1, 1966 Is all voting in favor, the recommendation was approved. The recommendation of the Public Works Committee that the Council initiate a local improvement project without petition for street grading and surfacing, sanitary sewer, storm sewer, subsurface drains, water main and service connections Stubbed into boulevard on 16th Street S. E. in Meadow Park Subdivisions from llth Ave. S.E. to Golden Hill Industrial Addition was read and upon motion by Perry, second by Eichten, and all voting in favor, the recommendation was approved. The feasibility report of the City Engineer stating that the resolution proposing street grading and surfacing, sanitary sewer, storm sewer, subsurface drains, water main and • service connections stubbed into boulevard on 16th St. S. E. in Meadow Park Subdivisions from llth Ave. S.E. to Golden Hill Industrial Addition was referred tom his office for preliminary report, they report that the improvement is feasible and recommend its construction, the estimated costs are $250,000.00 was read together with the recommendation of the Public Works Committee recommending its construction with a portion of the costs assessed against abutting and non -abutting properties in accordance with benefits and the City's assessment policies. Upon motion by Perry, second by Wilson, and all voting in favor, the recommendation was approved. The recommendation of the Public Works Committee that the Council initiate a local improvement project without petition for construction of a concrete sidewalk on the west side of 19th Avenue N. W. from 18k Street to 19th Street N. W. was read and upon motion by Perry, second by Wilson, and all voting in favor, the recommendation was approved. The feasibility report of the City Engineer stating that a resolution proposing construction of sidewalk on the west side of 19th Avenue N. W. from 182 to 19th Street N. W. was referred to his office for preliminary report, they report that the improvement is feasible and recommend its construction, the estimated costs are $737.00, was read together with the recommendation of the Public Works Committee that the had considered the above project and recommend its construction with the cost to be assessed to the abutting property. Upon motion by Folkert, second by Eichten, and all voting in favor, the recommendation was approved. • The recommendation of the Public Works Committee that the Council initiate a local improvement project without petition for replacing concrete sidewalk on the north side of East Center.Street almtting the west 100 feet of Lot 17 School Section 36 and Lot 1 of Jordan Subdivision was read and upon motion by Wilson, second by Folkert, and all voting in favor, the recommendation was approved. . The feasibility report of the City Engineer stating that a resolution proposing to replace concrete sidewalk on the north side of East Center Street abutting the west 100 ft. of Lot IT School Section 36 and Lot 1 of Jordan Subdivision was referred to his office for preliminary report, they.report that the improvement is feasible and recommend its constr- uction, the estimated costs are $476.00 was read together with the recommendation of the Public Works Committee stating that they had considered the above project and recommend its construction with the costs assessed against the west 100 feet of Lot 17 School Section 36 • L I --- Record of Official Proceedings of the Common Council of the City of Rochester, Minn.; August 1, 1966 5 V 7 1 0 1 n U and Lot 1 of Jordan Subdivision. Upon motion by Wilson, second by Folkert, and all voting in favor, the recommendation was approved. The recommendation of the Public Works Committee that the bid of Doyle Conner Co. for regrading and repaving the east -west alley in Block 14, Head & McMahons Addition west of 5th Ave. S.W. including revising sidewalk grades onn the west side of 5th Ave. S.W. between 2nd and 3rd Street S.W. and on the south side of 2nd Street S.W. between 5th and 6th Ave. S.W. be accepted at the unit prices bid and checks be returned to the unsuccessful bidders was read and upon motion by Wilson, second by McCaleb, and all voting in favor, the recommendation was approved. The recommendation of the Airport Commission that the Common Council award the contract to the low bidder, Rochester Sand and Gravel, Inc. in the amount of $5,543.90 for grading, base and bituminous surfacing for taxiway construction on T-Hangar at the Rochester Municipal Airport was read and upon motion by Perry, second by Folkert, and all voting in favor, the recommendation was approved. The recommendation of the Planning and Zoning Commission stating that they had reviewed the application for a -con ditional use in the B-lb District (Drive Inn Restaurant on the N. W. corner of U. S. 14-52 and Old T. H. #20); they find that the applicant has agreed to eliminate the 24 ft. wide driveway approach that was proposed to the 18 ft.- wide right turn lane, this will eliminate a potentially serious traffic hazard; they also find that this proposed dirve-inn restaruant complies with the conditions established in the zoning ordinance for such a use, and therefore recommend that this- application be approved subject to the installation of adequate water mains and sanitary sewer lines as recommended by the Water Department and City Engineer, was read. The matter of where the utilities would be located was discussed, Mr. Carlton Penz the petitioner was present and stated that he would go along with whatever the City Engineer recommended on this.- A motion was then made by Perry, second by Eichten, that the recommendation be approved subject to the approval of the City Engineer and that a hearing be set for 7:30 P. M. on August 15, 1966; all voted in favor.. The recommendation of the Public Safety Committee stating that they had considered) the request of National Food Stores, Inc. for permission to install signs directing patrons to their store while _13th and 15th Avenue S. E. are. -being paved, the Committee has considered the review of the project by the City Engineer and based on his review, recommend that the request of the National Food Stores be denied, -was read. Upon motion by'Eichten, second by Perry, and all voting in favor thereof, the recommendation was accepted and the request denied The recommendation of the Public Safety Committee that they had considered•the- request of the Olmsted County Historical Society for a second loading zone next to their present loading zone in front -of the Museum Building at 214 Third Avenue-S. W. and recommendi that they be givena meter hood to be used by them on the days that they use their bus and the request for a second loading zone be denied, was read: Upon motion by Eichten, second by Wilson, and all voting in favor, the recommendation was approved and the loading zone denied. s 56 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., August 1, 1966 The recommendatibn of the Public Safety Committee stating that pursuant to a request from the Board of Park Commissioners on the possibility of acquiring a 20 acre parcel of abandoned sanitary land fill between 3rd Avenue N. W. and the Zumbro River and south of the future 37th Street N. W.that they recommend "that.the City of Rochester would be interested in acquiring said property for youth baseball and softball athletics and the Park Board be instructed to inquire from the owners the asking price and further authorize the Park Board to contract professional appraising service"(the proposed park site has been before the Planning and Zoning Commission and found to be in accord with the city's adopted land use plan) was read. Upon motion by Day, second by Eichten, and all voting in favor, the recommendation was approved and the Park Board was authorized to do the appraisal. The recommendation of the Finance Committee that a tuition refund program for City employees be established with the following general provisions, was read: (1) the City to pay 1007. of the tuition (2) Department heads and Finance Committee must O.K. the course (3) employee must receive a passing grade (4) employee agrees to refund tuition if he quits 6 months after completion of course (5) employee to pay for books and other material and (6) program to be effective September 1, 1966. Upon motion by Perry, second by Day, and all voting in favor, the recommendation was approved. The following claims were each read and upon motion by Perry, second by Wilson, and all voting in favor, 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: Harry H. Evans $20.75; Internatioanl Municipal Park. Cong. $35.00; Harold DeVries $50.07; The Johnson Co. $8.75; Janet R. Johnson $80.00; Elaine Miller $136.00; Elfreda Reiter $14.25; Municipal Year Book $10.00; Earl Krusemark $168.00; Alfred Nelsen $14.70; David Wernecke $19.80; Wayne TerVerr $26.20; Whiting Printers & Stationers $3.40; Friden, Inc. $54.00; Beckleys $41.10; Sydney Anderson $160.00; Mpls. Blue Printing $4.83; American Society of Planning Officials $15.00; Quality Printers $46.45; Rochester Post Bulletin $19.80; Robert Ludescher $52.56; Olmsted Medical Group $7.50; Mayo Clinic $190.00; Olmsted Medical Group $70.00; Electronic Engineering Service $12.50; Eugene Ehle $12.00; Elco Concessions $25.00; William Frutiger $77.00; Garnet Spring $29.60; Walter Gordon $52.70; William Burrows $34:80; Everett Knuth $59.50; Charles Dornack $69.30; Rochester Post Bulletin $35.70; Robert Blakely $130.60; Alfred Heyn $141.70; Rochester Post Bulletin $29.40; Alexander Auto Electric $72.40; Stoppels Feed &.Seed $66.00; Cascade Small Animal Clinic $15.25; C. A. Cottingham $55.68; Elizabeth Pearson $120.00;'Rochester Post Bulletin $3.30; Parker Publishing Co. $7.45; Rochester Surplus Store $1.98; H. A. Rogers Co. $191.66; Witte Transportation Co. $3.75; Mpls. Blue Printing $45.62; J. A. Mitchell Welding & Trenching $23.00; Anderson Radiator Service $11.00; Louis Bennett $154.80; Leon Carney $25.60; Carl Tomascheqski $153.60; Darlene Wentworth $45.90; Murphy Motor Freight Line $3.50; Reeves Drugs $4.18; Ace Hardware $17.69; N. W. Bell Telephone Co. $5.50 and Peoples Natural Gas $13.43. From the Street & Alley Fund: Murphy Motor Freight Lines $3.75; Farm & Home 1 1 1 • L Distributing $107.25; Struve Paint Shop $31.04; Williams Rag Company $40.00; Big Four Oil Record of Official Proceedings of the Common Council of the City of Rochester, Minn.; August 1, 1966 56'9 Company $127.60; Park Machine Co. $27.23; National Welding Supply $26.95; Hayden Murpshy Equipment Co. $92.46; Cities Service Oil Company $133.94; Scharf Auto Supply $9.01; Clutch and Transmission $19.18; S. M. Supply Co. $7.13; Standard Oil Company $106.50 and Ed Mahoney $25.00; From the Fire Protection Fund: Peoples Natural Gas $50.21; Pulver Motor Service $10.00; K & K Electric $3.24; Utility Sales & Engineering $130.12; Ace Hardware $26.91; S. M. Supply Co. $5.90; Electronic Engineering Service $87.10;'Schmidt Printing Co. $954;; Reeves Drugs $1.26; Rochester News Agency $3.75; City of Rochester $49.08; Gross Industrial Service $19.79; J. C. Penney Co. $17.08 and $Building Inspector $5.00. 'From the Police Protection Fund: N.'W. Bell Telephone $12.31; Film Shops $37.18; Whiting Printers $12.50; Harvey E. Golden M. D. $20.00; Melvin Mertz $4.50; Kenneth Link $4.50; Charles Heroff $3.00; Ace Hardware $70t; Ed Ryan $2.92; Hannys Mens Wear $3.00; Red Carpet Car Wash $64'.50 and Fire Safety Corp. $150.00. ' From the Sewer Fund': Reeves'Drugs $5.87; Ace Hardware $21.25; S. M. Supply Co. $12.21; General Farm Supply Co. $18.50; Peoples Natural Gas $30.35; S. M. Supply Co. $4.07; Minnesota Own Land Corp. $12.40; Continental Oil Company $28.76; Ford McNutt Glass Chop $4.09 and Roberts Foods Inc. $16.40. From the Music Fund: Gordon Danuser $25.00; Mrs. Charles Johnson $10.00; Harley Flathers $50.00; Carl 0. B'randon $15.00; George Underleak $12.00; $John Himmer'$21.00; Leslie Danuser $30.00; Bob Ridenour $10.00; Alfred Anderson $10.00; Judith Olson $10.00; Ann Lovgren $10.00; Dorohty Pexton $10.00; Jeanine Dahl $10.00; Sheldon Mints $10.00; Charles Fox $15.00; Beatrice Flanagan $15.00; Elizabeth Barry $10.00; Carmen Linda Conklin $15.00; dohn Roemer $10.00; Pat Rider $10.00; Willard Johnson $15.00; A. W. Dieter $15'.00; Sigrid Kraft $10.00; Michael Ness $10.00; Nancy Rud $10.00; Charles Salisbury $15.00; Ray Cleveland $15.00; Jack Tedro $22.75; Bill Larson $22.75; Rita Nelson $10.00; John L. Martin M.D. $10.00, 0. K. Conklin $21.75; Robert Stroetz $15.00; Harlan Johnson $15.00; Philip Stroetz $30.00; Rufus Sanders $21.00; B.'William Estrom $15.00; Gary Korpela $15.00; N. Jerome Paulson $15.00; Harold Nelson $15.00; Jeanne Eiden $15.00; Walter W. Gludt $15.00; Harold J. M. • Jensen $10.00; Dave Decker $10.00; Robert Wood $10.00; Mrs. B. L. Garness $80.00; Joseph Firszt $113.43; The Kahler Hotel $112.80 and The Rochester Visitor $48.00. From the Parking Meter Fund: H & H-Electric Co. $107.93; American Research'Rop. $36.30 and Brinck Solberg Inc. $28.26. A motion was made by Perry, second by Wilson, that the nine resolutions appropriating city funds for various purposes be considered by the Common Council as a single group; all voted in favor. A motion was then made by Perry, second by Wilson, that the nine resolutions be adopted as read and all voting in favor thereof, President DeVries declared the said resol:�=. ution duly passed and adopted: 1. Resolution appropriating"$4,879.56 from the General Fund, $2,377.55 from the S & A Fund and $7;116.40 from the Lighting Fund and ordering payment made to Chas. Olson & Sons Inc. $1,098.75; City of Rochester, P.U. $7,990.79; Northwestern Refining Company S$2,940.29; Wm. H. Ziegler Company $924.73; E. J. Vonch $700.36; 0. A. Stocke & Co. $474.30 F s 570, Record of Official Proceedings of the Common Council of the City of Rochester, Minn., August 1, 1966 land Hall Equipment Company $244.29. 2. Resolution appropriating $3,249.65 from the General Fund, $4,623.80 from the S & A Fund, $167.30 from the Fire Fund, $4,064.63 from the Sewer Fund, $216- 54 from the Lighting Fund, $47.82 from the Music Fund, $935.70 from the Auditorium Fund and $2.25 from the Parking Meter Fund and ordering payment made to Universal Ford Sales $2,223.96; The Johnson Company $230.25; Truck Service Company $3,787.00; Doyle Conner Company $649.50; Firestone Stores $222.30; N. W. Bell Telephone Co. $554.83 and City of Rochester, P. U. $5,639.85. 3. Resolution appropriating $818.43 from the General Fund, $1,558.59 from the S & A Fund, $508.04 from the Sewer Fund, $665.00 from -the Parking Meter Fund, $200.00 from the Music Fund, $74.29 from the Park Improvement Fund, $418.80 from the Lighting Fund and $312.00 from the Fire Protection Fund and ordering payment made to Rochester Sand & Gravel Co. $1,580.30; City of Rochester, $804.96; Farwell Ozmun, Kirk & Co. $665.00; Henry C. Smith $200.00; Lyon Chemcical $499.80; City of Rochester, P. U. $493,.09 and Orville Mertz $312.00. 4. Resolution appropriating $506.28 from,the P. I. R. Fund and ordering payment made to E. J. Vonch. 5. Resolution appropriating $1,819.85 from the P. I. R. Fund and ordering payment made to Littrup Nielson, Inc. 6._ Resolution appropriating $33,907.27 from the P. I. R. Fund and ordering payment made to Doyle Conner Company. 7. Resolution appropriating $53,780.81 from the General Fund and ordering payment made to Rochester Sand & Gravel $47,874.99,and McGhie & Betts $5,905.82. 8. Resolution appropriating $38,365.56 from the General Fund and ordering payment made to Rochester Sand & Gravel $35,676.38 and McChie & Betts $2,689.18. 9. Resolution appropriating $36,310.45 from the General Fund and ordering payment made to Rochester Sand & Gravel $30,250.97 and McGhie & Betts $6,059.48. The contract.bond of Ed Mahoney in the amount of $2,249.00 with United States Fidelity and Guaranty Company as surety was read and upon motion.by Perry, second by Eichten, and all voting in favor, the bond was referred to the Mayor for approval. The license bond of Wesley Baker dba Baker Sewer Construction in the amount of $1,000.00 with The Travelers Indemnity Company as surety was read and upon motion by Perry, second by Eichten, and all voting in favor, the bond was approved, the surety thereon accepted and the bond was ordered placed on file. U12on motion by Wilson, second by Eichten, and all voting in favor, the meeting was adjourned until 7:30 P. M. President DeVries called the meeting to order at 7:30 o'clock P. M., the following members being present: President DeVries, Aldermen Day, Eichten, Folkert, Perry, McCaleb. Absent: Alderman Wilson. President DeVries stated this as being the time and place set -for hearings on the 1 0 i! 1 • L following projects: 0 1 u 1 1 E 1 Record of Official Proceedings of the Common Council 571 1 of the City of Rochester, Minn., August 1, 1966 CC•56865 Hearing on construction of a sidewalk on Lots 1 thru 11, Block 3, Sunset Terrace 1st Addition (south side of 18k Street N. W. from 18th to 19th Avenue N. W.). There was no one present wishing to be heard. President DeVries declared the said hearing officially closed. A motion was then made by Eichten, second by McCaleb, that the project be proceeded with; all voted in favor. Hearing on concrete sidewalk on south side of 28th Street Northwest abutting Lots 3, 4, 5 and 6, Block 1, Crescent Park 1st Addition. There was no one present wishing to be heard. President DeVries declared the said hearing officially closed. A motion was then made by Perry, second by Folkert, that the project be proceeded with; all voted in favor! Hearing on proposed assessment fof street grading, surfacing and storm sewer construction on 40th Street N. W. from 16th to 12th Avenue N. W. There was no one present wishing to be heard. President DeVries declared the said hearing officially closed. A motion was then made by Perry, second by Folkert, that the assessment be proceeded with; all voted in favor. Hearing on proposed assessment for water main extension in 40th Street Northwest from 16th to 12th Avenue N. W. There was no one present wishing to be heard. President DeVries declared the said hearing officially closed. A motion was then made by Folkert, second by McCaleb, that the assessment be proceeded with; all voted in favor. Hearing on proposed change of zoning on Lots 26-40 and Lot 55, North Sunny Slopes from R-1 District to the R-Sa District. There was no one present wishing to be heard. President DeVries declared the hearing officially closed. Upon motion by Perry, second by McCaleb, and all present voting in favor thereof, the City Attorney was instructed to prepare an ordinance making the requested zone change. Hearing on proposed change of zoning of Lots 1-5, Winslows Replat from R-1 Districi to the R-3 District. There was no one present wishing to be heard. President DeVries declared the hearing officially closed. Upon motion by Eichten, second by McCaleb, and all present voting in favor thereof, the City Attorney was instructed to prepare an ordinance making the requested zone change. The following resolutions were each introduced and read and upon motion made and seconded and all present voting.in favor, President DeVries declared the said resolutions duly passed and adopted: Resolution adopting assessment for water main extension in 40th Street Northwest from 16th Avenue to 12th Avenue Northwest. Upon motion by Day, second by McCaleb, resolution adopted. Resolution adopting assessment for street grading, sufracing and storm sewer construction on 40th Street Northwest from 16th Avenue to 12th Avenue Northwest. Upon moti by Day, second by Folkert, resolution adopted. Resolution referring proposed improvement for feasibility report and recommendati for replacing concrete sidewalk on the north side of East Center Street abutting the west is 100 feet of Lot 17 School Section 36 and Lot 1 of Jordan Subdivision. Upon motion by Day, 572 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., August 1, 1966 C� second by Eichten, resolution adopted. Resolution receiving preliminary report, ordering a public hearing and directing preparation of plans and specifications for replacing concrete sidewalk on north side of East Center Street abutting the west 100 feet of Lot 17 School Section 36 and Lot 1 of Jordan Subdivision. Upon motion by Day, second by Folkert, resolution adopted. Resolution referring proposed improvement for feasibility report and recommendation for street grading, surfacing and sanitary sewer, storm sewer, sub -surface drains, water main and service connections stubbed into boulevard on 16th Street S. E. in Meadow Park Subdivision from /llth Ave. S. E. to Golden Hill Industrial Addition. Upon motion by Eichten, second by Day, resolution adopted. Resolution receiving preliminary report, ordering a public hearing and directing preparation of plans and specifications for street graid ng, surfacing, sanitary sewer, water main, storm sewer, sub -surface drains and service connections stubeed into boulevard on 16th Street S. E. in Meadow Park Subdivision from llth Avenue Southeast to Golden Hill Industrial Addition. Upon motion by Day, second by McCaleb, resolution adopted. Resolution receiving preliminary report, ordering a public hearing and directing preparation of plans and specifications .for sidewalk on both sides of 18th Street Northwest from 21st Avenue to 25th Avenue Northwest. Upon motion by Eichten, second by McCaleb, resolution adopted. Resolution receiving preliminary report, ordering a public hearing and directing preparation of plans and specifications for construction -of concrete sidewalk on the west side of 19th Avenue Northwest from 182 Street to 19th Street Northwest. Upon motion by Folkert, second by McCaleb, resolution adopted.. Resolution referring proposed improvement for feasibility report and recommen- dation for construction of concrete sidewalk on the west side of 19th Avenue Northwest from 18k Street to 19th Street Northwest. Upon motion by Folkert, second by McCaleb, resolution adopted. Resolution accepting bid of Doyle Conner Company for regrading and resurfacing the east -west alley in Block 14, Haed & McMahons Addition west of 5th Avenue S. W. including revising sidewalk grades on the west side of 5th Avenue S.-W. between 2nd and 3rd Street S. W. and on the south side of 2nd Street S. W. between 5th AVenue S. W. and 6th Street Avenue S. W. Upon motion by Eichten, second by Day, resolution adopted. Resolution setting up tuition refund program for City Employees. Upon motion by Eichten, second by Folkert, resolution adopted. Resolution approving the following disability payments for Donald A. Hemker. Upon motion by Day, second by McCaleb, resolution adopted: For one week's disability from 9-28-64 to 10-2-64 $45.00 For two day's disability on Oct. 20,'1964 and Oct. 21,1964 18.00 For 35 weeks permanent partial,disability based on 10% disability of the back 1,575.00 1,638.00 To Swan, Mattson, Pougiales & Gullickson, Attorneys 409.50 Balance due Donald A. Hemker 1,228.50 To the Mayo Clinic for services rendered 90.00 To the Industrial Commission's Special Comp. Fund 31.50 1 C� 1 1 E F� $1,759.50 Record of Official Proceedings of the Common Council of the City of Rochester, Minn.; August 1, 1966 574 1 • 1 • 1 The following resolution adopted by the Public Utility Board was read and upon motion by Day, second by Folkert and all present voting in favor, the resolution was approved "Be it resolved by the Public Utility Board of the City of Rochester that $149,937.50 be appropriated to the First National Bank of the City of Rochester for the purchase of $100,000.00 Federal Home Loan Banks Consolidated Bonds dated July 25, 1966 maturing January 25, 1968 bearing interest at the rate.of 5.75% per annum @ $99,937.50. $50,000.00 Banks for Cooperative Consolidated Collateral Trust Debentures dated August 1, 1966 maturing February 1, 1967 bearing interest at the rate of 5.90% @ par. Be it further resolved that these investments be purchased for Electric Department Depreciation Reserve." The following resolution adopted by the Public Utility Board was then read: "Be it resolved by the Public Utility Board of the City of Rochester, Minnesota that the Common Council of the said City is hereby requested to authorize the said Board to enter into a contract with Pfeifer and Shultz, Engineers for the furnishing of complete engineering services for the expansion of the Silver Lake Generating Plant consisting of a 52 MW nominally rated turbine with a maximum expected capacity of 58 MW, a 510,000 pound per hour boiler, 69 KV development and all related equipment in accordance with recommendations in Pfeifer and Shultz "Report on Silver Lake Plant Expansion" dated July 1966. The estimated cost of the said complete installation to be $10,931,130.00. Be it further resolved that Pfeifer and Shultz shall be paid in accordance with the "Proposal for Engineering Services" dated December 28, 1965 and shall be based upon (5) five percent of the estimated cost in the amount of $520,530.00 or (5) five percent of the actual cost whichever is lower, less the amount of $3,500.00 paid for the "Report of Silver Lake Expansion" in accordance with Proposal for Engineering Services dated April 26, 1966. Be it further resolved that the Council direct the Mayor and City Clerk to execute the contract documents." Discussion was held.on the amount of the fee for engineering services. A motion was then made by Perry, second by Folkert, that this resolution be tabled until the next meeting and in the meantime the Council meet with the Public Utility.7Board to discuss the fee and also to see the plans for the future expansion; all present voted in favor. ( a meeting was set for 7:30 P. M. on August 4, 1966 in the Public.Utility Office). The recommendation of the Finance Committee that the request of Alfred Nelsen, City Assessor for permission to attend the IAAO Convention in Toronto, Candada be approved and that he be authorized to attend at city expense, was read and upon motion by Eichten, second by Day, and all voting in favor, the recommendation was approved. Mr. Eugene O'Neill a resident in Allendale Subdivision was present and inquired if any action had been taken on the annexation of Allendale Subdivision. He was told that no action would be taken until after the first of the year and even if they were annexed now they could not be serviced with utilities until next spring. Mr. O'Neill said he was having trouble with his pump and was anxious to find out when something would be done. A motion was then made by McCaleb, second by Perry, instructing the City Engineer to start preparing engineering plans and specifications for Allendale at this time so that as soon as annexation is completed construction could be started; all present voted in favor. President DeVries stated this as being the time and place set for a hearing on thel proposed ordinance entitled, "An Ordinance defining and prohibiting certain unfair Discriminatory Practices with respect to employment, housing, public accomodations and eduat L1 574 Record of Official Proceedings of the Common Council . of the City of Rochester, Minn., August 1, 1966 0 establishing a Human Rights Commission and Prescribing its Powers and Duties; providing a Grievance Procedure; and providing penalties for the violation of this Ordinance". A letter signed by Msgr. Max Satory, Paster of The Church of Saint John urging adoption of this ordinance was read and ordered placed on file. A letter signed by Neal E. Krupp, M. D. was also read and ordered placed on file. Mr. Lowell Linnes, a member of the Governor's Human Rights Commission, was present and recommended that the following points be considered before adoption of this ordinance (a) we have in existence state laws against discrimination in the areas of housing employment and public accomodations (b) any ordinance developed by the City would constitutionally be suspect if it had less coverage than the state provisions and the • proposed ordinance does not, at this reading, contain the advantages of the state law (c) we should consider a human rights ordinance that would provide local citizens with an opportunity to establish, through borad participation, a genuine climate of equal opportunity and equal rights, this type of ordinance would be non -regulatory in nature and would defer to the state law on all matters of enforcement (4) unless the ordinance that is passed in Rochester has adequate enforcement provisions including paid staff and administrative powers, then the officers of the Governor's Human Rights Commission would view it as less desirable than a human relations agency with the emphasis on education and climate building. Mr. Seth Phillips Executive Secratary of the Human and Civil Rights Commission from the City of St. Paul, was present and stated that he felt the City needed such an ordinance but did not feel they should adopt the one before them until some changes had been made. Mr. John McCally of the Rochester Chamber of Commerce was present and read the following resolution adopted by the Civic Affairs Committee of the Rochester Chamber of Commerce: "To recommend aht the Rochester Common Council refer the proposed Ordinance on Unfair Discriminatory Practices to the Council's Finance Committee for further study, and further recommend that such study consider the possibility of adopting by reference, Minnesota Statute 363 entitled "Minnesota State Act Against Discrimination", as amended in 1965 by the State Legislature. This law has proven to be effective and comprehensive legislation, having been in effect for Employment Opportunities since the year 1947, and for Housing since the year 1961. Council adoption of this State Statute would thus eliminate the possibility of a conflicting and/or a duplication local discriminatory ordinance. An amendment could be included to the adoption of the State Statute by reference ^Aar2D�iawhereby the Council,would create a local seven member Human Rights Commission with powers only to adjust, conciliate and mediate local discrimination complaints as • described in the present State Law. If any complaint of an unfair Discriiminatory Practice, as described in the previously mentioned State Law could not be mediated by the local Human Rights Commission, the Commission could call upon the State Commission against Discrimination to take control of the complaint." Mr. Arthur Waltz of 918 - 8th Street N. W., Rev. Vernon Curry of 844 - 8th Avenue S. W.,Mr. E. W. Miller of 921 - 3rd Avenue S. E., Mr. Morris Grautman, Chairman of the Mayors Commission on Human Rights Relations in Minneapolis, Dr. Rober Knapp of 1042 Plummer Circle, Rev. Wesley Ewert of 1432 Mead6w-ylane S. W., Mr. Willard Knapp of 720 - 5th Street S. W., Rev. Joseph Mr. Walter Macken of 1431 - 15th Ave. N. W., Mr. Harold LaPlante of 2726 Highway 52 North, Schachter of 808 Memorial Parkway,/Mr. George Gibbs of 2040 - 24th Street N. W., were each heard in favor of the said Ordinance. Mr. H. S. Patterson of 1019 East Center spoke in opposition. The Ordinance was given its third and final reading at this meeting. A motion was then made by Perry, second by Eichten, that the Ordinance be tabled until the first meeting in September, 1966; all present voted in favor. (In the meantime an informal • Record of Official Proceedings of the -Common Council of the City of Rochester, Minn., August 1, 1966 575 1 • 1 1 is 11 meeting was set for the Council, the Mayor and City Attorney to further discuss this, the said meeting.to be at 7:30 P. M. on August 16, 1966). An Ordinance amending the Zoning'Ordinance (changing Lots 1 to 6 inclusive, Block 5 East Rochester and. Lots 1 to 6 inclusive, Block 6, East Rochester to the R-3 Multi - Family Residence District -Medium Density) was given its first reading. Upon motion by Perry, second by McCaleb, and upon roll call and all present voting in favor, the rules were suspended and the ordinance was given its second reading. Upon motion by Perry, second by McCaleb, and upon roll call and all present voting in favor, the rules were suspended and the ordinance was given its third and final reading. A motion was then made by Perry, second by McCaleb, that the said ordinance be adopted as read and all present voting in favor, President DeVries declared the said ordinance duly passed and adopted. An Ordinance annexing to the City of Rochester certain unplatted land not excedding two hundred acres in area, all being in the Southeast Quarter of Section Fifteen; Township One Hundred Seven North, Range Fourteen West, Olmsted County, Minnesota ( south 33 feet of the SE'k of Sec. 15-107-14) was given its first reading. An Ordinance annexing to the City of Rochester certain unplatted land not exceeding two hundred acres'in area, all being in the Northeast Quarter of Section Twenty - Two, Township One Hundred Seven North, Range Fourteen West, Olmsted County, Minnesota (Sunrise Estates 2nd) was given its first reading. An Ordinance annexing to the City of Rochester certain unplatted land not exceed two hundred acres in area, all being in the Southwest Quarter of Section Twenty -Seven, Township One Hundred Seven, North Range Fourteen West, Olmsted County, Minnesota (Sunset Terrace 4th Addition) was given its third and final reading. A motion was then made by - Perry, second by Eichten, that the said ordinance be adopted as read and all present voting in favor thereof, President DeVries declared the said ordinance duly passed and adopted. An Ordinance amending the Zoning Ordinance (changing lands in Southwest Rochester from the present zoning to the R-S Residential Suburban District, Sub District R-Sb) was given its third and final reading. A motion was then made by Eichten, second by Day, that the said ordinance be adopted as read and all present voting in favor, President DeVries declared the said ordinance duly passed and adopted. An Ordinance amending the Zoning Ordinance (changing property on llth Street S.W. in Austins Replat to R-1 District) was given its second reading. An Ordinance amending the Zoning Ordinance (changing Lots 46, 47, 48, 49, 50,51, 52, 53, 54, 55, 56, 95, 96, etc. in Belmont Addition to R-Sb District) was given its second reading. An Ordinance repealing Chapter 22o entitled "Sunday Closing" of the "Rochester Code of Ordinances" was given its second reading. A motion was made by Perry, second by Day,I that the rules be suspended and the ordinance be given its third and final reading; upon roll call Alderman Eichten voted "no". E 576 6 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., August 1, 1966 An Ordinance establishing Minimum standards governing the condition and maintenance of dwellings; establishing minimum standards governing supplies.utilities and facilities and other physical things and conditions essential to make dwellings safe, sanitary, and fit for human habitation; establishing minimum standards governing the condition of dwellings offered for rent; fixing certain responsibilities and duties of owners and occupants of dwellings; fixing certain responsibilites and duties of owners and occupants for maintenance of nondwelling structures, fences and premises; establishing a Housing Board of appeals and setting its responsibilites; authorizing the inspection of dwellings and premises; and the condemnation of dwellings,unfit for human habitation; and fixing penalties for.violation, was given its second reading. A motion was made by Day, second by McCaleb, that this ordinance be tabled indefinitely and upon roll call Day and McCaleb voting "aye" and Eichten, Folkert, Perry and DeVries voting "no", the motion was lost. A motion was then made by Perry, second by Folkert, that the hearing that was set for August 15, 1966 at 8:30 P. M. be reset for September 19, 1966 at 8:30 P. M., all present voted in favor. A resolution amending.the "Land Use Plan" so as to indicate that the following three described areas are best suited for future commercial usage, was read: (1) the Rochester Mall property located in Sections 10 and 11, Township 106 North, Range 14 West, Olmsted County, Minnesota (2) land immediately along the west side of U. S. Trunk Highway No. 63 between 17th Street Southwest and 21st Street Southwest (3) land located in the Northwest corner of the intersection of U. S. Trunk Highways 14-52 and 15th Avenue Southeast (Old Trunk Highway No. 20). A motion was made by Perry, second by McCaleb, that the said resolution be adopted as read And all present voting in favor, President DeVries declared the said resolution dujly passed and adopted. A resolution conveying land without prior plattinglocated in Northeast Quarter of Section 22-107-14 described in metes and bounds was read. A motion was made by Perry, second by McCaleb, that the said resolution be adopted as read and all present voting in favor, President DeVries declared the said resoluti©n duly passed and adopted. Resolution that the stipulation of settlement, entered into by R. V. Ehrick, City Attorney and John E. Streiff as attorney for Alfred R. Pehl, Elner Pehl and Ottmar J. Forhrman with respect to Parcels A, B, E, F and G, all as set forth in the resolution adopted by the Common Council on February 16, 1965 completing the condemnation of said parcels for airporat purposes is hereby ratified and approved, was read. A motion was made by Perry, second by Eichten, that the said resolution be adopted as read and all present voting in favor, President DeVries declared the said kr esolution duly passed and adopted. Resolution authorizing the Mayor and City Clerk to execute on Vehalf of the City a contract with Hutchinson Sauer, Inc. etal relative to construction of improvements in Northgate 6th Addition, was read. A motion was made by Day, second by McCaleb, that the said resolution be adopted as read and all present voting in favor, President DeVries declared the said resolution duly passed and adopted. s • 1 ri, C� 1 u Record of Official Proceedings of the Common Council of the City of Rochester, Minn., August 1, 1966 577 1 L� • Resolution requesting that the Minnesota Municipal Commission not annex parts of Lots 1, 4, 10 and 21 and all of Lots 11, 12, 15, 16 and 18 of Allendale Subdivision to the City of Rochester at this time, was read. A mtotion was made by Perry, second by Eichten, that the said ordinance be adopted as read and all present voting in favor, President DeVries declared the said resolution duly passed and adopted. Resolution to correct dsicrepancy in description of the boundary of the land owned by the City of Rochester at 1602 - 4th Street Southeast and the land adjacent thereto on the east owned by the County of Olmsted and occupied by the Olmsted Community Hospital, was read. A motion was made by Perry, second by Day, that the said resolution be adopted as read and all present voting in favor, President DeVries declared the said resolution duly passed and adopted. An Ordinance amending the Zoning Ordinance (changing a part of the Northeast quarter of Section 11, Township 106 North, Range 14 West described by metes and bounds to the B-3 District General Bubiness District) was given its first reading. Upon motion by Perry, second by Day, and all present voting in favor, the meeting was adjourned until 7:30 P. M. on August 15, 1966. City Clerk