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HomeMy WebLinkAbout09-06-1966592 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., September 6, 1966 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 September 6, 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, Wilson. Absent: None. Upon motion by Wilson, second by Eichten, and all voting in favor, the minutes of the meeting of August 15, 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 construction of Fire Station No. 4. The following bids were received and opened and upon motion by Wilson, second by Eichten, and all voting in favor, the bids were referred to the Public Safety Committee and the Architect for tabulation and recommendation: Alternate #3 General Alternate G-1 Alternate G-2 (Pre -cast Construction Base Bid (Carnenting) (,Quarry Tiler 'facial) Weis Builders, Inc. $105;949.00 Deduct $475.00 Dedcut $680.00 Deduct $2,691.00 Dick Jones Company 116,500.00 of 475.00 it 672.00 " 21,131.00 Mulholland Construction Company, Inc. 98;785.00 475.00 " 441.00 " 2,131.00 Alvin E. Benike, Inc. 104,714.00 505.00 " 525.00 " 2,251.00 Floyd Larson Construction Co. 1072540.00 " 550.00 " 600.00 2,000.00 Schwanke Masonry, Inc. 111,600.00 600.00 " 600.00 " 1,980.00 Rlartrin�l Adair Electric 18,500.00 Squires Electric Co. 24,000.00 H & H Electric Co. 182746.00 Foster Electric Co. 20,498.00 Plumbing, Heating & Ventilating* Maass Plumbing & Heating 48,800.00 H. Dornack & Sons 44,835.00 Barry Plumbing & Heating 44,850.00 Renaux Bros. Plumbing & Heating 44,900.00 Kirckof Plb. & Heating 49,049.00 C & S Plbg. & Heating 49,600.00 Bids for construction of 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.). The bids of E. J. Vonch Concrete Co. in the amount of $1,449.00; Edward Mahoney in the amount of $1,646.50 and Phil Ryan Cement Contractor in the amount of $1,788.40 were each received and opened and upon motion by Eichten, second by Wilson, and all voting in favor, the bids were referred to the Public Works Committee and City Engineer for tabulation and recommendation. Bids for sanitary sewer and water main extension on west side of T. H. 63 from 18th Street S. W. to 17th Street S. W. The bids of Littrup Nielson, Inc. in the amount of $17,432.00 and Carlisle G. Fraser, Inc. in the amount of $29,999.35 were each received and opened and upon motion by Wilson, second by Day, and all voting in favor, -the bids were referred to the Public Works Committee and City Engineer for tabulation and recommendation. Mr. Vern Hardy, Assistant District Engineer and Richard Klobuchar, Design Engineer were present and shoed the pland for the proposed extension of Trunk Highway #14 east of the Junction T. H. #52 past the new Junior College Site. Mr. Kobuchar explained that there was going to be a public hearing on this on September 15, 1966 in the Council 1 • 1 1 • J Chambers but they wanted the Council to have previous knowledge of it; he said that the () • Record of Official Proceedings of the Common Council 5 9 �4 of the City of Rochester, Minn., September 6, 1966 1 1 I 0 project would be about 2.3 miles beginning roughly at the outdoor theatre. Upon motion by Wilson, second by Eichten, and all voting in favor, the plans as submitted were referred to the Public Works Committee and the City Engineer. The Mayor's appointment of Henry T. Maass of 1636 Second Avenue Northeast as a member of the Planning & Zoning Commission, Mr. Maass to fill the unexpired term of Mr. W. W. Hendricks or until December 31, 1966 was read and upon motion•by Day, second by McCaleb, and all voting in favor, the appointment was approved. The Mayor's appointment of School Crossing Guards for the 1966-67 school year listed as follows was read and upon motion by Day, second by Wilson, and all voting in favor, the appointments were approved: Evelyn Langworthy - 501 loth Avenue S.E., Guard Location 4th Street and 13th Avenue S.E., pay rate $7.00 per school day. Carol Wegman - 933 - 13th Avenue N. E., Guard Location Jefferson School, pay rate $7.00 per school day. Helen Peterson - 1110 13th Avenue N. W., (Juard Location 12th Street and 'llth Avenue N. W., pay rate $7.00 per school day. Mildred Mulholland - 819k North Broadway, Guard Location 9th Street and North Broadway, pay rate $7.00 per school day. Agnes Vagt, 1137 - 7th Avenue S.E., Guard Location 8th Avenue and 12th Street S.E., pay rate $7.00 per school day. Melva Loftus - 1413 13th Avenue N.W., Guard Location 14th Street and 13th Avenue N.W., pay rate $7.00 per school day. Mary McElligott - 538 14th Avenue S.W., guard Location 6th Street and 14th Avenue S.W., pay rate $7.00 per school day. ° Phyllis Bluske - 1203 4k Street N. W., Guard Location llth Avenue and West Center Street, pay Late $7.00 per school day. Hilda Heusinkveld - 818 14th Street N.W., Guard Location llth and 16th Avenue N. W., pay rate $6.50'per school day (new employee) Carol Johnson - 1846.- 18th Street N. W., Guard Location 19th Street and 19th Avenue N.W., pay rate $6.50 per school day (new employee). A letter signed by all the above listed crossing guards requesting an increase of one dollar per day in wages starting with the 66-67 school year was read and upon motion by Perry, second by Day, and all voting in favor, the letter was referred to the Personnel Advisory Committee. A notice from the League of Minnesota Municipalities of the 1966 Regional meeting to be held in Austin, Minnesota on October 4, 1966 and in Lake City on October 6, 1966 was read. Also a letter from the State of Minnesota, Department of Highways, stating that they were conducting a series of Traffic Accident Prevention Workshops which would meet on the same day as the League's regional meetings was read. The letters were ordered placed on file and a motion was made by Perry, second by Wilson, authorizing the Mayor, Common Council and any Department Head to attend the said meeting at city expense, if they so desire; all voted in favor. A notice from the National League of Cities of the annual national municipal conference to be held in Las Vegas, Nevada on December 2-7, 1966was read and the same was ordered placed on file. Mr. Franklin Michaels, Attorney was present and recommended that the Council amend the Zoning Ordinance as it pbrtains to construction of fences; he said his client Dr. John Thompson of 1105 - 8th Avenue Southwest had started construction of a fence on his property and had been stopped, he had gotten estimates from three lumber companies in town and they apparently were not aware of any regulations; _he said Mr. Thompson's property was 0 594 Record of Official Proceedings of the•• CoM, Mori `Council of the -City of Rochester, Minn., September 6, 1966 CC-56865 on the corner and he felt that the ordinance discriminated against corner property. A motion was made by Wilson, second by Eichten, that the matter.be referred to the Planning & Zoning Commission; all voted in favor. Upon motion by Wilson, second,by Day, and all voting in favor a short recess was declared at 2:50 P-. M. President DeVries,called the meeting to order again at 3:00 P. M. with all members being present. The following letter was read and upon motion by Wilson, second by Eichten, and all voting in favor, the same was referred to the Public Works Committee: "The Honorable Alex P. Smekta, Mayor and the Common Council of the City of Rochester City Hall Rochester, Minnesota Gentlemen: I.am writing to you at the direction of the Town Board of Rochester Township. After reviewing your resolution pertaining to limited sewer service to the townships surrounding the City of Rochester dated July 18, 1966, and further, upon a review of the proceedings before the Water Pollution Control Commission on July 28, 1966, the Town Board of Rochester Township wishes me to inform you that the offers made to date by the City of Rochester to take sewage on a strictly limited basis only from areas in the townships defined as "critical" is not in its present form acceptable. The Town Board - feels that accepting this offer would be injuroious to the Township. Accepting the offer would prevent further commercial and industrial development in Rochester Township.` As you well know, this is the very life blood of a community for tax purposes in order'to maintain schools and other services. Also, as is readily agreeable, the burden•of the necessary collector mains and street mains would fall -on the'Township. It would be utterly . ridiculous to construct a main allthe way to Lenwood•Heights, for instance, where further developments along .the way could not connect up the to the main. The cost,of such a main to serve approximately thirty homes would be. prohibitive. It is the feeling of the Town Board that a method must be worked out by which.the City will accept all of the sewage from Rochester Township including sewage from expansion of homes or commercial property or the Township feels' it must push forward to establish its own sewage treatment facilities. Mr. Kastler from the firm of Wallace, Holland, Kastler and Schmitz, consulting engineers to Rochester Township, has worked out certain idesa which fe feels will allow the disposal of all of the Town`ship's sewage into the City system without the necessity of a by-pass. The Town Board feels that we have made great strides toward a solution of this matter, and would like very much to meet with the City Council to further pursue a solution to this problem which would be acceptable to all parties. The Town.Board further, noted an apparent lack of interest on the part of other townships including their lack of attendance at the hearing before"the Water Pollution Control Commission on July 28. Therefore, the Board suggests that the next meeting be between the officials of the City of Rochester and Rochester Township and that having others in attendance from other townships would be of no assistance in the discussion. Of course, if any of the adjoining Town Boards decide that they do hue a strong interest and would like to be in attendance, we would not then object to their appearance. Very truly yours, /s Franklin Michaels" Mr. Michaels was present and stated that the Town Board of Rochester Township did not feel that the proposed solution by the Commoun Council would solve anything and urged that they be allowed to meet with the Council again to further discuss this. The application of Lysne Construction Company for a permit to move an apartment house from 1605 - 3rd Avenue S.W. to 125 - 9th Street N. E. over certain city streets was read. Upon motion by Wilson, second by Eichten, and all voting in favor, the permit was granted, said building to be moved under supervision of Building Inspector and Chief of Pb l'ic e . 1 1-7 I L� 1 0 Record of Official Proceedings of the Common Council 5 v a of the City of Rochester, Minn., September 6, 1966 1 • 1 1 • The recommendation of the Public Safety Committee stating that they had con- sidered the request of Peoples Natural Gas for continuation of their franchise and recommend that their franchise be extended was read and upon motion by Wilson, second by Eichten, and all voting in favor, the recommendation was approved and the City •Attorney was instructed to prepare.the n£essary ordinance (to extend fifteen years from this date). The recommendation of the Public Safety Committee stating they had considered the request of Yellow Cab Corporation for additional taxicabs and recommend that Yellow Cab Corporation be authorized to add three additional taxicabs was read. Upon motion by Eichten, except President DeVries who voted "no", second by Perry, and all voting in favor/, the recommendation was approved and the three additional licenses were granted. - The recommendation of the -Planning & Zoning Commission stating that they had reviewed the City's adopted land use plan and proposal to amend the Land Use Plan be redesig- nating the future land use on property bounded by 16th St. S.E., 14th Street S.E., C & GW Railroad and 6th Ave. S.E. to high density residential and commercial property; due public notice was given of the proposed change by publication in the Rochester Post Bulletin on August 13, in accord with the provisions of Section 5, Subdivision 2+% of Chapter 670, Laws of the State of Minnesota, 1965 and each neighboring property owner was individually notified by letter of the hearing; the Commission, therefore,,recommends that the proposed change be made to the City's adopted Land Use Plan, was read. Upon motion by Perry, second by Wilson, and all voting in favor, the recommendation was accepted and a hearing was set for 7:30 P. M. on September 19, 1966. The recommendation of the Planning & Zoning Commission stating that they had reviewed the proposal to convey a parcel of land by metes and bounds which is a part of Lot 10, Meadow Park Resubdivision "A", the owners have submitted a survey certificetand a plot plan; therefore, they recommend that because compliance with restrictions of Subdivision 4, Section 8, Chapter 670, Laws of the State of Minnesota would, in this case, create an unncessary hardship and that such failure to complly does not interfere with the purpose and intent of the subdivision regulations, that the Common Council waive such compliance by adoption of a resolution that effect and the conveyance be filed or recorded, was read and upon motion by Perry, second by Mc Caleb, and all voting in favor, the recommendation,was approved and the City Attorney was instructed to prepare the necessary resolution. The recommendation of the Public Safety Committee stating that they had considered the recommendation of the Rochester Police Department that a loading zone could be eliminated..on the avenue side of the"100 First Avenue Building, there are presentlwy two loading zones, one previously used by Renning's Flowers, the committee recommends the elimination of one meter since Renning has moved to a new location and a one -hour meter be installed, was read. Upon motion byliWilson, second by Eichten, and all voting in favor, the recommendation was approved and the City Attorney was instructed to prepare the necessary resolution. The following applications and petitions were read and upon motion by Wilson 5,96 Record of Official Proceedings of the'­Comrrion: Council of the City of Rochester, Minn., September 6, 1966 I* second by Folkert, and all voting in favor, the same were referred to the Planning & Zoning Commission: a. application for preliminary plat approval of Folwell Heights 4th Addition. b. petition of Wm. Hamm for zoning change on property at 1102 - 4th St. S.E. c. application for plat approval of final plat of Sunrise Estates 2nd Subdivision. d. request re building a parsonage on Lot 10, Meadow Park Resubdivision "A" from Rochester Reforemed Church. e. Application for approval of travel Trailer Coach Park signed by Felix Kominsky. (Mr. Leonard Sankstone was present and requested that this petition be granted approval, he said they had half the sewer and water in and then were stopped, he said this land was designated as flood plain and he felt it should be approved). Upon motion by Wilson, second by Day, the meeting was recessed at 4:05 P. M. President DeVries called the meeting to order at 4:30 P. M.•with all members present. A letter signed by James J. Macken, Jr. Chief of Police stating that the exterior sashes of the City Hall windows need to be painted and he requested that bids be ordered was read. Upon,motion by Day, second by Wilson, the recommendation was accepted and the City Clerk was instructed to prepare a resolution ordering bids; all voted in favor. A letter signed by Charles H. Rucker requesting an audience to discuss a probelem which has risen over the construction of a fence at his residence at 1103 East Center Street was read. Upon motion by Eichten,.second by Wilson, and all voting in favor, the letter was referred to the Public Safety -Committee. Alderman McCaleb was excused at 4:40 P. M. A petition with 16 signatures re corssing at the intersection of 3rd Avenue and 17th Street Northeast was read and upon motion by Day, second by Folkert, and all present voting in favor, the petition was referred to the Public Safety Committee. A petition signed by cab drivers regarding an increase in,3wages and also a letter from Carl F. Petersen, Manager of Blue & White Cabs requesting an increase in fares were each read and upon motion by Perry, second by Wilson, and All present voting in favor, the two letters were referred to the Public Safety Committee. A letter signed by Dr. John Ulrich, President of J.F.K. Men's Democractic Club stating that they are going to conduct a bingo game starting September 21, 1966 at the A.F.L.-C.I.O. social Hall at 405 ki South Broadway was read and the same was ordered placed on file. A letter from the State of Minnesota, Municipal Commission, stating that they would not be able to schedule.a hearing on the annexation of Allendale until they have the approval of the City of Rochester was read and President DeVries ordered the same filed. A letter from the Rochester Methodist Hospital requesting that no parking meters be established on the north side of Center Street from the alley bounding the new hospital on the east to the alley bounding it on the west was read and upon motion by Wilson, second by Folkert, and all voting in favor, the letter was referred to the Public Safety Committee. The request of Greater United Fund for permission to hang a street banner across 2nd Street from the Olmsted County Bank Building to Woolworth Building was read and upon motion by Wilson, second by Folkert, and all voting in favor, the same was approved. 1 • 1 1 0 L7 LJ Record of Official Proceedings of the Common Council of the City of Rochester, Minn., September 6, 1966 597, 1 • 1 1 • 1 The following claims were each read and upon motionby Wilson, second by Perry, 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: Larry McCaleb $54.00; Beckley's $44.25; Rochester Book Bindery $8..55; Monte's $28.57; David Wernecke $13.90; Wayne R. TerVeer $30.50; Leonard Teigen $4.60; Norbert Reichrath,$6.50; Alfred Nelson $33.90; Harry Evans $16.20; Callaghan & Co. $22.50; West Publishing Co. $55.00; Trautner Sales $11:72; Ace Hardware $8.64; Arnold's Supply Co. $16.37; China Hall $41.09; Sanitary Co. $1.00; Arnold's Supply Co. $95.62; Lystad Extermi- nators $16,.50; Culligan Water Conditioning $4.75; A. G. Strobel, Inc. $42.39; R. D. Jones Co. $48.25; Sani Trucking $40.00; Sherwin Williams Co. $.65; Dieter Paper & Marine Supply $86.98; Mayo Clinic $30.00; Rochester Orthopedic Appliances $30.00; Olmsted Medical Group $48.00; St. Marys Hospital $6.85; !Olmsted Medical Group.$17.50; Electronic Engineering Service $72.30; Josten's $1.66; Charles H. Dornack $82.10; Garnet Spring $26.30; halter B. Gordon $51.00; William.Frutiger $93..40; William Burrows $78.90;.Everett Knuth $68.10;.Robert Blakley $124.40; Alfred Heyn $139,.70; Stoppel Feed & Seed Co.. $66.00; Dineen City Service $6.60; Quality Printers $60.20; Marie Hildestad $190.40; Elizabeth. Pearson $96.00; Art.Sadler's Body Shop $6.50; Witte Transportation Co. $3.75;.Twin City Testing & Engineering Lab,.Inc. $6.50;,Dayton's $8.95; Twin City Blue Printing,$124.78; Harry H. Evans $3.00; Reeve's Drugs $7.30; H.. A. Rogers, Inc. $6.80; Schmidt Printing $113.80; Johnson's Auto Radiator Repair $38.00; American Linen.Supply $24.00; State of Minn. Dept. of,Highways $14.40; Ziegler, Inc., $6.01; John Eggenberger $2.00; Louis Bennett $.164.40; Karl H. Tomashenski $113.60; National Recration.& Parks.Assn. $12.00; Elaine Miller $136.00; Joan Pieper $107.10; and Darlene Wentworth $144,.45. From the Street & Alley Fund: J6h isbn-,l,uto Radiator Repair $9.00; Quarve & Anderson $187.50; Hall Equipment $179.23; National Welding Supply $4.16; Mobil Oil Corporation $74.50; Clark's Home Fair $4.50;,J. I. Holcomb Mfg. Co. $54.90; National Bushing & Parts $66.25; K & M Auto Glass $53.95; Clements Chevrolet $19.38; SM Supply Co. $19.76; and Rochester RediMix Concrete Co. $21.90. From the Fire Protection Euiad: Beckley's $16.50; Ace Hardware $12.28; Clements Chevrolet Co. $2.28; SM Supply Co. $2.94; People's Natural Gas $26.69; Clutch & Transmission $18.39; Harold's Auto Electric $3.04; Standard Auto Parts $52.48; E. J. Klampe $28.00; Barry Plumbing & Heating $2.75; Scharf Auto Supply $28.72; Park Machine Inc. $161.33; Alpek Sheet Metal & Roofing $65.20; Northbrook Shoe Service $3.00; Continental Safety Equipment Co. $4.66; Skelly Oil Co. $32.30;Gtoss Industrial $31.45; Dison's Cleaners $83.90; Model Lawlers $43.92.; Rochester Mattress Co. $65.00; National Fire Protection $20.00; and Fire Safety Corporation $2.40. From the Police Protection Fund: Ace Hardware $8.31; Electronic Engineering Service $118.85; Schmidt Printing $5088; Fire Safety Corporation $43.60; State Civil Service Department $48.00; James J. Macken, Jr. $18.75; James J. Macken,,Jr. $15.00; International n U Assn. for Identification $10.00; Eastman Kodak Co. $26.33; Filmshops $18.07; Devoe & Reynolds 598 Record of Official Proceedings of the Corizmon Council of the City of Rochester, Minn., September 6, 1966 Co. $127.58; Gibbons Rubber Stamp Co. $3.45; Harvey E. Golden, M.D. $15.00; Willis J. Fryer $4.70; Faurot, Inc. $35.17; Greater Rochester Surplus Co. $4.88; Arthur Mueller $7.98;.Fire Safety Corporation $14.90; Cronin Peterson $83.95; Powell & Sullivan $24.00; Sunray D-X Oil Co. $1.27; Red Carpet Car Wash $61.00; E:lausiau Lincoln-Mercury $14.35; Pulver Motor Service $5.00; Standard Auto Parts $91.37; Red Carpet Car Wash $58.00; Standard 0itoCo. $57•.63; Harold's Auto Electric $72.09; Universal Ford Sales $36.09; andStandard Oil -Co. $21.01. From the Sewer Fund: Monte!s $3.70; SM Supply Co..$7.02; People's Natural Gas• $4.37; Flexible Pipe Tool Co. $45.70; Gopher Sanitary Service $35.00; People's Natural -Gas $64.83; Pink Supply Co. $81.60; Murphy Motor Freight Lines $3.75; Roberts Foods $16,.60; and Zep Manufacturing Co. $163.90. - From the Music Fund: Anita Larson $10.00; Zoann Olson $10.00; Harley Flathers $25.00; Sigrid Kkaft $10.00; A. W. Dieter•$15.00; Michael Ness $10.00; Charles Salisbury $15.00; Ray Cleveland $15.00; Jack Tedrow $21.75; "Rita•Nelson $10.00; Bill Larson•$21.00; Richard• Wintersteen $10.00;=John T. Martin, M.D. $10.00; O.K. Conklin $28•.50; Robert W. Stroetz $25.00; Philip Stroetz $10.00; Harlan Johnson $15-.00; B. William Ekstrum $15,.00; Gary A. Korpela $15.00; N. Jerome Paulson $21.00; Harold B. Nelson $15.00; Cene A. Eiden $15.00; Walter W. Guudt $25.00; Robert J. Wood $20.00; Carol J. M. Jensen $10.00;•David Decker $10.00; Willard Johnson $15.00; John F. Roemer $10.00; Carmen Linda Conklin $15.00; Pat Rider $10.00; Sheldon Mintz $10.00;• Jon Arnold $10.00; Merle Knudson $15.00i Betty Ann Johnson $10.00•; Gloria Swanson $10-.00; Judith C.-Olson $15.00; Janene Dahl $10.00;•John Hemmer $15.00; Sonia Cook $16.00; George Christianson $60.00; George E. Underleak.$20.00; Alfred Anderson $10.00; Leslie Danuser $10.00; Gordon Danuser $25.00; Karen Mlinar $60.00; Margaret Davidson $10.00; Beatrice Flanagan $15.00; Mrs. B.L. Garnaas $80.00; Mrs. H. H. Scudamore $100.00; Dale Haug $15.60; Fred Decker $3900; Harry Curtin $39.00; John Brogan•$23.40; Mayo Civic Auditorium $69..65; Bach Music $12.00; Schmidt Music. $7.50; and The Rochester Visitor $20.00. From the Parking MeterrFund•. Sherwin Williams Co. $53.53; National Bushing & Parts $1.60; and The Rochester Visitor $20.00. A motion was made by Wilson, second by Perry, that the -ten resolutions appropriating City funds for various purposes be considered by the Common Council as a single group; all voted in favor thereof. Motion was made by Perry, second by -Wilson that the ten resolutions be adopted as read, and -all voting in favor thereof, President DeVries declared the said reso- lutions duly passed and adopted: 1. Resolution appropriating $1,529.17 from the General Fund; $4,852.00 from the Street & Alley Fund; and $599.44 from the Fire Protection Fund and ordering -payment made to Sidney Anderson $243.00; Peoples Coop Power Assn. $2,277.03; Rochester Airport Company $310.64; Adler Enterprises, Inc. $698.50; Far Eastern Commodities $500.00; Ruffridge-Johnson Equipment Co. $4,352.00; Orville N. Mertz $366.10; Woodruff Company $233.34. 2. Resolution appropriating $1,746.02 from the Police Protection Fund; $1,749.28 from the Sewer Fund; and $300.00 from the Parking Meter•Fund and ordering payment made to 1 • 1 C IJ 1 Adamson Motors$26.6a.Z2;rD6minatot4.Corporation $1,479.30; Lyon Chemicals $666.40; Rochester. 9 Record of Official Proceedings of the Common Council • of the City of Rochester, Minn., September 6., 1966 599 686 1 9 1 1 1 Materials $1,082.88; E. C. Bather-& Associates $300.00; 3. Resolution appropriating $3,222.51 from the General Fund; $6,224.55 from the Street & Alley Fund; $550.20 from the,,Sewer Fund; $658.31 from the Parking Meter Fund; $95.56 from the Fire Protection Fund; $139.05 from the Public Health & Welfare Fund and ordering payment made to Street & Alley Fund $8,653.68; H & H Electric $595.45; City of Roches- ter $310.05; H & H Electric $259.76; and Whiting Printers & Stationers $1,062.34. 4. Resolution appropriating $2146 .938from the General Fund; $11.55 from the Street & Alley Fund; $261.31 from the Fire Protection Fund; $70.65 from the Sewer Fund; $6,976.99 from the Lighting Fund; $538.50 from the Police Protection Fund;.$60.21 from the Music Fund; $1,120.14 from the Auditorium Fund and ordering payment made to City of Rochester P.U. $9,109.19; Northwestern Bell Telephone Co. $1,452.74; Fullerton Lumber Co. $243.75; Earl Krusemark $201.60; Rochester Olmsted County Safety Council $500.00. 5. Resolution appropriating $34,780.46 from the General Fund and ordering pay - went made to K. M. McGhie,$147.25; Rochester Sand & Gravel $2,097.00; K. M. McGhie $1,360.70; and Rochester Sand & Gravel $31,175.51. 6. Resolution appropriating $2,075.35 from the P. I. R. Fund and ordering payment made to Ed Mahoney $2,075.35. 7. Resolution appropriating $17,991.62 from the P.I.R. Fund and ordering payment made to Doyle Conner Company $17,991.62. 8. Resolution appropriating $13,226.60 from the P.I.R. Fund and ordering payment made to Rochester Sand & Gravel $13,226.60. 1 9. Resolution appropriating $814.30 fromthe P.I.R. Fund and ordering,payment made to Littrup Nielson, Inc. $814.30. 10. Resolution appropriating $14,433.60 from the P.I.R. Fund and ordering pay- ment made to C. G. Fraser, Inc. $14.433.60. The following resolutions were each introduced and -read, and upon motion made and seconded and all voting in favor thereof, President DeVries declared the said resolutions duly passed and adopted: Resolution approving resolution adopted by Public Utility -Board re. purchase of $60,000.00 Federal Intermediate Credit Banks Consolidated Debentures - Water Dept. Depr. Reserve. -Upon motion by Perry, second^by Wilson, resolution adopted. Resolution approving resolution adopted by Public Utility Board re. purchase of $200,000.00 Federal Intermediate Credit Banks Consolidated Debentures - Elec. Dept. Depr. _ Reserve. Upon motion by Perry, -second by Folkert, resolution adopted. Resolution approving resolution -adopted by Public Utility Board granting leave of absence to Susan Atwood. Upon motion by Folkert, second by Eichten, resolution adopted. Resolution authorizing Public Utility Board to enter into contract with The Elect- ric Storage Battery Company. Upon motion by Wilson, second by Folkert, resolution adopted. 0 600 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., September 6, 1966 Resolution approving resolution adopted by Public Utility Board re. purchase of $99,937.50 Federal National Mortgate Association Secondary Market Operations Debentures. Upon motion by Wilson, second by Folkert, resolution adopted. Resolution authorizing and directing City Clerk to advertise for bids for interior remodeling and renovation of the Public Health Center Building. Upon motion by Wilson, second by Folkert, resolution adopted. Resolution authorizing and directiri g City Clerk to advertise for bids for re- painting of City Hall Windows and Police Garage Doors. Upon motion -by Wilson, second by Eichten, resolution adopted. Resolution referring improvement petition for determination of°adequacy, feasibility report and recommendation on water and�sewer to serve Easterly 300 feet of Lot 35; Auditor's Plat "A". Upon motion by Wilson, second by Eichten; resolution adopted. Resolution referring proposed improvement for feasibility report and recommendation for sanitary sewer -extension in 19th Street N.W. from 21st Ave: N.W. to a point 132 feet West. Upon motion by Wilson, second by Folkert, resolution adopted. - Resolution receiving preliminary report, ordering a public hearing and directing preparation of plans and specifications in respect to sanitary sewer extension in 19th St. N.W. from 21st Ave. N.W. to a point-132 feet west: Upon motion by Wilson, second by�Day, resolution adopted. - Resolution referring proposed improvement for feasibility report and recommendation for grading and surfacing the west half of Sierra Lane abutting Block 2 of Pecks Hills 2nd Subdivision. Upon motion by Wilson, second by Eichten, rbsolution adopted. (McCaleb abstained.) Resolution receiving preliminary report, ordering a public hearing and directing preparation of plans and specifications in respect to the grading and surfacing the west half of Sierra Lane abutting Block 2 of Pecks Hills 2nd=Subdivision: Upon motion by Wilson, second by Eichten, resolution adopted. (McCaleb abstained.) Resolution accepting the bid of E. J. Vonch Concrete for the construction of side- walk on Lots 1 thru 11, Block 3, Sunset Terrace 1st Addition (south side of 182 St. N.W. from 18th to 19th Ave. N.W.). Upon motion by Wilson, second by Eichten, resolution adopted. r Resolution approving pland.and specifications and ordering bids for the construc- tion of concrete sidewalk on the west side of 19th Ave. N.W. from 182 to 19th St. N.W. Upon motion by Eichten, second by Day, resolution adopted. Resolution approving plans and specifications and ordering bids for the construc- tion of sidewalk on both sides of 18th St. N.W. from 21st Ave. to 25th Ave. N.W. Upon motion by Eichten, second by McCaleb, resolution adopted. Resolution granting public dance permit to Rochester Police Benevolent Assn. Upon motion by Wilson, second by Eichten, resolution adopted. Resolution awarding Alvin Hein, Jr. $438.75.Workmen's Compension for partial dis- ability to right thumb. Upon motion by Wilson, second by Eichten, resolution adopted. 1 • 1 11 L Record of Official Proceedings of the Common Council of the City of Rochester, Minn., September 6. 1966 601 1 • 1 1 11 1 Resolution accepting bid of H & H Electric Company for furnishing and installing a fixed -time traffic control signal system at 1st Ave. S.W. and 6th St. S.W. Upon motion by Eichten, second by Folkert, resolution adopted. Resolution ordering bids for Bituminous Overlay on Runway 2-20 and Taxiways at new Municipal Airport. Upon motion by Eichten, second by Folkert, resolution adopted. Resolution ordering examination of books and records for the fiscal year April 1, 1966, to April 1, 1967. Upon motion by Folkert, second by Eichten, resolution adopted. Resolution authorizing and directing Mayor and City Clerk to execute forms re. construction of additions to Sewage Treatment Plant, etc. Upon motion by Wilson, second by Eichten, resolution adopted. Resolution approving request to transfer property without prior platting in Lot 10, Meadow Park Subdivision "A". Upon motion by Wilson, second by Eichten, resolution adopted. Resolution reinvesting $230,000.00 Sinking Fund monies. Upon motion by'Eichten, second by Folkert, resolution adopted. The City Engineers preliminary estimate for sanitary sewer and water main extens on the west side of T. H. #63 from 18th Street to 17th Street S.W. in the amount of $24,206.20 was read and President DeVries ordered the same placed on file. The five following resolutions adopted'by the Public Utility Board were each read and upon motion by'-: Wilson, second by Perry, and all present voting in flavor, the resolutions were approved: "Be it resolved by the Public Utility Board of the City of Rochester that the Common Council authorize the said Board to enter into a contract with THE ELECTRIC STORAGE BATTERY COMPANY for furnishing in accordance with specifications on file STATION BATTERY the amount of the contract to be ONE THOUSAND TWO HUNDRED NINETY SIX DOLLARS AND TWENTY CENTS ($1,296.20) and THE ELECTRIC STORAGE BATTERY COMPANY being the lowest responsible bidder. Be it further resolved that the Common Council direct the Mayor and the City Clerk to execute the contract documents." "Be it resolved by the Public Utility Board of the City of Rochester that $200,000.00 be approproaiated to the First National Bank of the City of Roster for the purchase of $200,000.00 Federal Intermediate Credit Banks Consolidated Debentures dated September 1, 1966 maturing June 1, 1967 bearing ineterest at the rate of 6% per annum. Be it further resolved that these investments be purchased for Electrid Department Depreciation Reserve." "Be it resolved by the Public Utility Board of the City of Rochester that $60,000.00 be appropriated to the First National Bank of the City of Rochester for the purchase of $60,000.00 Federal Intermediate Credit Banks Consolidated Debentures dated September 1, 1966 maturing June 1, 1967 bearing ineterest at the rate of 69 per annum. Be it further resolved that these investments be purchased for Water Department Depreciation Reserve." "Be it resolved by the Public Utility Board of the City of Rochester that $99,937.50 be appropriated to the First National Bank -of the City of Rochester for the purchase of $100,000.00 Federal National Mortgate Association Secondary Market Operations Debentures datedAugust 23, 1966 maturing September 10, 1968 bearing interest at the rate of 4 7/8% per annum @ $99,937.50. Be it further resolved that these investments be purchased for Electric Cepartment Depreciation Reserve." 602 Record of Official Proceedings of the' Commori Council of the City of Rochester, Minn., September 6, 1966 "Whereas Susan Atwood, Trainee Clerk KK, employee of the Public Utility Department has requested a leave of absence for pregnancy and it is desirable to preserve the employee's status as a public employee and her= PERA benefit rights under Section 9 (a), City of Rochester, Employment Policy, be it resolved by the Public Utility Board that.the Common Council authorize a leave of absence for Susan Atwood from'September 16, 1966 to December 16, 1966." The claim of Louis Pfeifer in settlement of claim for bodily injuries was read and upon motion by Wilsen;k second by Folkert, and all present voting in favor, the claim was referred to the City Attorney.. A letter signed by Garnet Spring, Building Inspector, requesting permission to attend the Midwest Building Officials Conference to be held at Appleton, Wisconsin on September 25,26,27,28, 1966 was read and upon motion by Perry, second by Wilson, and all present voting in favor, his request was granted and. he was authorized to attend at city expense. A letter from Toltz, King, Duvall, Anderson submitting a claim in the amount of $77,380.00 for engineering services in connection with final plans and specifications for Rochester Sewage Treatment Plant Expansion was read and upon motion by Wilson, second by Perry, and all present voting in favor, the claim was referred to the Finance Committee. A letter from the Rochester Airport Commission recommending that the Common Council advertise for bids for bituminous overlay -on Runway 2-20 and Taxiways, State Project #5501-24, F.A.A..Project #9-21-079.was read. Upon motion by.Perry, second by Wilson, and all present voting in favor, the recommendation was approved and the City Clerk was instructed to prepare a resolution ordering bids. The recommendation of the Planning & Zoning Commission stating that they had reviewed the application to vary the required minimum front yard setback from 25 feet to 20 feet on Lots 1-5, Wilson Hills Subdivision and recommending that the variance be granted was read. Upon motion by Folkert, second by Eichten, and all present voting in favor, the recommendation was approved and a hearing was set for 7:30 P. M. on September 19, 1966. The recommendation of the Planning & Zoning Commission stating that they had reviewed the City's adopted land use plan and the proposal to designate Lots,15-25, Christensen.Sehl Subdivision as a low density residential area and recommend that the proposed change be made to the City's adopted land use plan, was read. Upon motion by Folkert, second by Eichten, and all present voting in favor, the recommendation was approved and a hearing was set for'7:30 P.M. on September 19, 1966. The recommendation of the Finance Committee that the management of all rental property owned by the City of Rochester be turned over to James Andre, Administrative Assistant was read. Upon motion by Wilson, second by Day, and all present voting in favor, the recommendation was approved. (This includes all city property except Public Utility). The recommendation of the Public Safety Committee that on Second Street S. W. between Broadway and the west alley, on the south side of the street two twelve minute meters, east of the west alley, for 35 feet more or less, was read and upon motion by 1 0 1 1 • 1 Eichten, second by Wilson, and all present voting in favor; the recommendation was approved 0 Record of Official Proceedings of the' Common � Council of the City of Rochester, Minn., September 6, 1966 6 V 1 • 1 1 • 1 and the City Attorney was instructed to prepare the necessary resolution. The recommendation of the Public Safety Committee that two additional spaces on the north side of Third Street Southwest be assigned to•the.Police Department, was read and upon motion by Wilson, second by Folkert, and all present voting in favor, the recommendation was approved and the City Attorney was instructed to prepare the necessary resolution. The recommendation of the Public Safety Committee that the "on" and "off" sale non- intoxicating malt liquor license be transferred to Joseph Suchomel, Jr. dba The Pub, Miracle Mile, was read and upon motion by Wilson, second by Eichten, and all present voting in favor, the recommendation was approved and the licenses transferred to Joseph Suchomel, Jr. The recommendation of the Public Safety Committee that parking be prohibited at all times on the north side of 13th Street Southeast between 3rd and 4th Avenues was read and upon motion by Wilson, second by Day, and all present voting in favor, the recommendation was approved and the City Attorney was instructed to prepare the necessary resolution. The recommendation of the Public Safety Committee that the one hour meters on the west side of First Svenue, south of Second Street Southwest to the alley, be changed to twelve minute meters was read. Upon motion by Wilson, second by Eichten, and all present voting in favor, the recommendation•was approved and the City Attorney was instructed to prepare the necessary resolution. The recommendation of the Public Safety Committee that bids be received for the interior remodeling and renovation of the Public Health Center Building was read and upon motion by Wilson, second by Day, and all present voting in favor, the recommendation was approved and the City Clerk was instructed to prepare a resolution ordering bids. The recommendation of the Public Works Committee that the Council initiate a local improvement project without petition for sanitary sewer extension in 19th Street N. W. from 21st Avenue N. W. to a point 132 feet west, was read and upon motion by Folkert•, second by Eichten, and all present voting in favor, the recommendation was -approved. The feasibility report of the City Engineer stating that they had reviewed the resolution proposing sanitary sewer extension in 19th Street N. W. from 21st Avenue N. W. to a point 132 feet west and report that the improvement is feasible and recommend -its constr- uction, the Estimated costs are $1,452.00, 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 to the abutting properties in accordance with the benefits, the properties are also subject to deferred assessments for previously constructed water tower for N.W. service 'area Project 5717 at the rate of $186.91 per acre, was read. Upon motion by Folkert, second by Eichten, and all present voting in favor, the recommendati was approved. The recommendation of the Public Works Committee re accepting bids for sanitary sewer and water main extension on the west side of T. H. 63 from 18th to 17th Street S.W. was read and upon motion by Day, second by Wilson, and all present voting in favor, the 0 recommendation was tabled until the meeting of September 19, 1966. 604 Record of Official Proceedings of tli'e ' Comm.on Council of the City of Rochester, Minn., September 6, 1966 The recommendation of the Public Works Committee that the bid of E. J. Vonch Concrete Company for construction of sidewalk on Lots 1 thru 11, Block 3, Sunset Terrace 1st Addition (south side of 18'k Street N.W. from 18th to 19th Aven. N.W.) be accepted at $1,449.00 was read. Upon motion by Wilson, second by Folkert,.and all present voting in favor, the recommendation was approved. Upon motion by Wilson, second by Eichten, and all present voting in favor, the recommendation of the,Public Safety Committee re accepting bids for construction of Fire Station No. 4 was tabled until September 19, 1966. i The recommendation of the Planning & Zoning Commission recommending that the final plat of Kellogg Hills Subdivision, which was tabled from the last meeting, be approved was again read. -C. A. Armstrong, City Engineer reported that he had written to the people involved about the lot in question but had received no answer. Upon motion by Perry, second by Wilson, and all present voting in favor, the recommendation was tabled until Sept. 19, 1966. The recommendation of the Public Works Committee that the C.6dnc.il'7,initiate a local improvement project for grading and surfacing the west half of Sierra Lane abutting Block 2 of Pecks Hills 2nd Subdivision was read. Upon motion by Eichten, second by Wilson, and all present voting in favor, the recommendation was approved. The feasibility report of the City Engineer stating that they had studied the resolution proposing grading and surfacing the west k of Sierra Lane abutting Block 2 of Pecks Hills 2nd Subdivision, they report the improvement is feasible and recommend its construction, acquisition of 16 feet of right-of-way for this west side will be necessary, the estimated costs are $1,375.00 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 cost assessed to the property abutting on the west side of the construction. Upon motion by Eichten, second Wilson, and all present voting in favor-, the recommendation was approved. The recommendation of the Public Safety Committee that the bid of H & H Electric Company for the furnishing and installing of a fixed time traffic control signal system at 1st Avenue W. W. and 6th Street S. W. in the amount of $6,982.00 be accepted was read. Upon motion by Wilson, second by Eichten, and all present voting in favor, the recommendation was approved. Upon motion by Wilson, second by Day, and all present voting in favor, the meeting was adjourned until 7:30 P. M. President DeVries called the meeting to order at 7:30 P. M. the following members being present: President DeVries, Aldermen Day, Eichten, Folkert, McCaleb, Perry, Wilson. Absent: None. President DeVries stated this as being the time and place set for hearings on the following projects: Hearing on street grading and surfacing, sanitary sewer, storm sewer, and surface 1 0 1 1 r: 1 n LJ Record of Official Proceedings of the Common Council of the City of Rochester, Minn., September 6, 1966 r %0 - E • 1 I 0 drains, water main and sewer service connections stubbed into boulevard on 16th Street S.E. in Meadow Park Subdivision from llth Avenue S. E. to Golden Hill Industrial Addition. C. A. Armstrong reported that Mr. Schoenfelder requested that it be put in the records that they were not opposed to this project but,would reserve the right to object to the assessments if they do not feel they are equitable; Mr. Harold Payne was present and,stated that Golden Hill Industrial was a large district and inquired if any of this project would be -assessed against the unplatted land or just against the property on 16th Street; C. A. Armstrong reported that the water tower assessment is not included in this project and will be assessed separately, there will''be an assessment for storm sewer on all the land abutting 16th Street from the R.R. to 15th Avenue and also on land South of 16th Street, he estimated the assessment on 16th Street to be about $5.00 per running foot. Mr. Al Raymond of 517 - 5th Street S. W. was also present. President DeVries declared the hearing officially closed. A motion was then made by Perry, second by Eichten, that the project be proceeded with; all voted in favor. Hearing on replacement of concrete sidewalk on north side of EastCenter Street Anutting the west 100 feet of Lot 17, Section 36 and Lot 1 of Jordan Subdivision. There was no one present wishing to be heard. Presidident DeVries declared the hearing officially closed. A motion was made by Folkert, second by Wilson, that the project be proceeded with; all voted in favor. Hearing on construction of concrete sidewalk on west side of 19th Avenue N. W. from 18k to 19th Street N. W. There was no one present wishing to be heard. President DeVries declared the 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 construction of sidewalk on both sides of 18th. Street N. W. from 21st to 25th Avenue Northwest. A petition with 11 signatures protesting this sidewalk was also read. Mr. George Nelson of 2216 - 18th Street N. W. stated that they needed this sidewalk, there were many children in this neighborhood and there are many cars and motorcylces which makes it very hazardous. Mrs. Tom Stee of 2116 - 18th Street N. W. stated they did not feel this sidewalk was nr-essary at this time as this was a dead end street and there was no school or church at the end. President DeVries declared the hearing officially closed. A motion was then made by Eichten, second by Day, that the petition protesting be referred to the Public Works Committee for study and recommendation; all voted in favor. Hearing on approval of the finalplat of Country Club Manor 8th Addition. There was no one present wishing to be heard. President DeVries declared the hearing officially closed. It was reported that the plat had not been presented to the City so no resolution could be prepared approving it. Mr. Leonard Sankstone was present and stated that the reason the plat had not been submitted was they were not sure what the Council would approved but would now go ahead and have it made. A motion was then made by Wilson, second by Eichten, that a resolution be prepared approving the plat as soon as it is submitted; all voted in favor. Hearing on proposed change of zoning on the south side of 2nd Street Southwest from 0 \ U. S. 52 to 21st Avenue Southwest from the R-1 District to the B-3 District. A letter signed 606 Record of Official Proceedings of the Comirion Council of the City of Rochester, Minn., September 6, 1966 by Mr. & Mrs. Walter Anderson, Mr. & Mrs. Donald Brandly, Mr. & Mrs. Walter Royce and Mr. & Mrs. Robert Bigelow requesting that the south half of the block between 2nd and 3rd Street S. W. remain residential as it now is, was read. Tomf:Moore, Planning Director, again showed a map of the area and the proposal as to what would be changed. President DeVries declared the hearing officially closed. A motion was then made by Perry, second by Wilson, that the City Attorney be instructed to prepare an ordinance changing the zoning on this property as originally recommended by the Planning & Zoning Commission but deleting therefrom the Big Boy Drive In and the Trailer Court; all voted in favor. The following recommendation of the Public Works Committee was read and upon • motion by Eichten, second by Wilson, and all voting in favor thereof, except Alderman McCaleb who abstained, the recommendation was approved: "Honorable Mayor- & Council Members City of Rochester, Minnesota Re: Walkway in Kellogg area to Jefferson School Area Gentlemen: After many meetings with the various landowners and interested parties, the Public Works Committee has the following program to present to you for establishing a walkway in the vicinity of Northwood Drive from 20th Street N.E. down the hill to 7k Ave. at the lower end of Northwood Drive. The proposed program is as follows: 1. City will acquire an easement for a walkway from Dr. Martin along the west line of his property from 20th St. N.E. to Dr. Verby's driveway. 2. City will acquire an easement on what is now Northwood Drive for a walkway. Vehicular traffic except to Dr. Verby's residence will discontinue using Northwood Drive. All but Verby will use Sierra Lane for vehicular access. 3. City will construct a bituminous sidewalk from 20th St.. to Northwood Drive this season, and next season construct a separate sidewalk along one side of Northwood Drive to the bottom of the hill. 4. In compensation to land owners for transferring Northwood Drive to the City, the City will extend the sanitary sewer main in Northwood Drive from its present terminus, northerly about 600' to serve Paine, Martin, and Verby's Properties. 5. The City will complete the grading and surfacing of the south end of Sierra Lane, and assess Paine, Martin, and Greene for the construction of the west portion of the street. The roadway on this section will be only 24 feet wide, and the right-of-way required from Paine, Martin, and Greene will be 16' in width. The Paine, Martin, and Greene properties are also subject to assessments for storm sewer and water main previously installed in the south section of Sierra Lane. If this proposal meets the approval of the Council, we will proceed with negotiations with the land owners. Respectfully, PUBLIC WORKS /s Larry Mc Caleb, Chairman COMMITTEE /s U. J. Eichten /s Vincent D. Folkert " The contract bond of Carlisle G. Fraser, Inc. in the amount of $16,980.70 with the Transamerica Insurance Company as surety was read and upon motion by Perry, second by Folkert, and all voting in favor, the bond was referred to the Mayor for approval. The report of the Clerk of Municipal Court for the month of August, 1966 was presented and President DeVries ordered the same placed on file. The report of the City Weighmaster for the month of August, 1966 showing fees collected for loads weighed $204.75 was read and President DeVries ordered the same placed on file. The application of Robert Bartholomew for a Journeyman Warm Air Heating, Record of Official Proceedings of the Common Council of the City of Rochester, Minn., September 6, 1966 607 1 • 1 1 • Ventilating -and Air Conditioning License was read and upon motion by McCaleb, second by Eichten, and all voting in favor, the license was granted. The applications of Joseph Suchomel, Jr. and Maple Island Store #1 for a license to sell cigarettes were each read and upon motion by Eichten, second by McCaleb, and all voting in favor, the licenses were granted. . The applications of the Kruse Company for license to construct sidewalks and the applications of Lovejoy & Sons and Wesley Baker for license to connect with sewer and drains were each read and upon motion by Wilson, second by Eichten, and all voting in favor, the licenses were granted. An Ordinance annexing to the City of Rochester, Minnesota 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 second reading. An Ordinance annexing the south 33 feet of the Southeast Quarter of_Section 15, Township 107 North, Range 14 West, was given its second reading. 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 - owned by to B-3 General Business District, Schoenfelder) was given its second reading. . An Ordinaance amending the Zoning Ordinance (changing property on 12th Avenue S.W. to R-S Residential Suburban District, Sub=district R-Sb) was given its second reading. An Ordinance amending the Zoning Ordinance (changing property along llth Street S.W. to R-1 One Family Residence District) was given its third and final reading. A motion was made by Wilson, second by Folkert, that the said ordinance be adopted as read, and all voting in favor thereof, President DeVries declared the said ordinance duly passed and a6pted. An Ordinance defining and prohibiting certain unfair discriminatory practices with respect to employment, housing,.public accommodations and education, establishing a human rights commission and prescribing its powers and duties; providing a grievance procedure; and providing penalties for the violation of this ordinance, was again tabled. A resolution transfering to the jurisdiction of the Rochester Park Department for park purposes, a tract of City owned land approximately eight acres in size abutting the west line of Trunk Highway #63 and north of the proposed extension of 17th Street Northeast, the land to be used primarily as a site for the construction of a hockey arena by the Rochester Hockey Association, was read. A motion was made by Wilson, second by McCaleb, that the said resolution be adopted as read and all voting in favor, President DeVries declared the said resolution duly passed and adopted. A resolution authorizing and directing the Mayor and City Clerk to execute on behalf of the City the "Amendment To Lease" dated September 6, 1966 amending the original lease between the City and Rochester Development Company dated April 17, 1962, was read. A.motion was made by Perry, second by Eichten, that the said resolution be adopted as read 0 608 Record of Official Proceedings of the Common Council of the City of Rochester, Minn.,- September 6, 1966 CC- 688 and all voting in favor, President DeVries declared the said ordinance duly passed and adopted. An Ordinance amending Section 211.010 of Chapter 211 entitled "GAS FRANCHISE" of the "Rochester Code of Ordinances", was given its first reading. Upon motion by Perry, second by Folkert and upon roll call and all voting in favor, the rules were suspended and the ordinance was given its second reading (McCaleb was absent at time of roll call). A motion was then made by Wilson, second by Day, that the rules be suspended and the ordinance be given its third and final reading, but upon roll call President DeVries voted "no". An Ordinance repealing Chapter 220 entitled "Sunday Closing" of the"Rochester • Code of Ordinances" was given its third and final reading. Mr. George Nelson, Attorney was present and stated that the matter was already decided that, he charged that this hearing was a "disgusting sham and insult" to the people attending, this meeting and hearing was scheduled for 8:30 P. M. and he today was served with a motion for relief of the injunction on Ordinance No. 1240 and therefore he felt it was already decided before the meeting this exming; he said he thaght this was a very poor government, hearings mean nothing, the decision on this ordinance was already decided, Mr. Nelson and his cleints then left the Council Chambers. R. V. Ehrick, City Attorney`:, explained that the Council was not aware of the service of the legal papers and said it had to be accomplished now in order for his motion to be set for hearing next Monday, which was Judge Hatfields only available date. Mr. Harold Krieger, Attorney representing local merchants, spoke in favor of the ordinance and urged that it be adopted. Mr. Carl Adams, Manager of the Ben Franklin Store at Silver Lake Shopping Center, spoke against the ordinance and did not think it was enforceable. Mr. Charles Pine, Manager of Lawlers spoke in favor of Sunday closing and urged that this ordinance be adopted. Mr. Robert Jarman, a salesman at Sears Roebuck, spoke in favor of adopting this ordinance and said he did not relish the thought of working on Sundays. Mr. Robert Martin of 212 - 20th Avenue N.W. said he did not think people should work on Sundays but did not think it should be regulated by the government. Alderman McCaleb stated that he was not for opening on Sunday but felt that this is not up to the Council to legislate, he said he studied this up to the very limit of his ability but did not think the Council . should adopt it. Alderman Eichten said his vote in the past hhowed how he stood on this. and he was still opposted to Sunday openings. Alderman Day said he was opposted to Sunday closing, he thought this was something that would take away from our freedom. After a lengthy discussion a motion was made by Day, second by Wilson, that the ordinance be adopted as read; Upon roll call Day and McCaleb voted "aye" and Eichten, Folkert, Perry, Wilson and DeVries voting ''no", President DeVries declared the ordinance not adopted. A motion was made by.Perry, second by Wilson, that the Public Works Committee initiate A project for construction of a sidewalk on the west side of Broadway from the Silver Lake Bridge to the Northbrook Shopping Center; all voted in favor. A motion was then made by McCaleb, second by Day, that the recommendation of the Public Works Committee re the acceptnance of the bid for construction of sanitary sewer and water main extension on the west side of T. H. #63 from 18th to 17th Street S. W. be • 1! Record of Official Proceedings of the Common Council of the City of Rochester, Minn., September 6, 1966 a -ate l� aJ I again considered; all voted in favor except Alderman Perry who voted "no". The recommendation of the Public Works Committee that the bid of Littrup Nielson, Inc. for Section I of construction of sanitary sewer and water main extension on the west side of Trunk Highway #63 from 18th Street S: W. to 17th Street S. W. be accepted at the unit price bid and checks be returned to the unsuccessful bidders, amount of Section I is $11,757.00, was again read. A motion was.made by Mc Caleb, second by Folkert, that the bid be accepted as recommended by the Public Works Committee; all voted in favor. Upon motion by Day, second by McCaleb, and all voting -in favor, the meeting was adjourned until 7:30 P. M. on September 19, 1966. City Clerk