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HomeMy WebLinkAbout09-20-1954i 154 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., S e p t emb e r 20, 19 54 11 Minutes of an adjourned regular meeting of the Common Council of the City of Rochester; Minnesota, held in the Council Chambers, in the City Hall in said City, on September 20,'1954. President Bach called -the meeting to order at 7:30 o'clock P. M., the Ifollo*ing members being present: President Bach; Aldermen Ackerman, Anderson, Moody, Schroeder and Whiting, Alderman Morris'arrived at Sr30. -.9bsent: None. Upon motion by Moody, second by Schroeder, the minutes of the meetings of September 13th and 15th; 1954 were approved. President Bach stated this as being the time and place set for,the I following hearings: Hearing on the levying of special assessments for the construction of a (curb and gutter and the widening of 4th Street Southeast from 6th Avenue Southeast Ito the State Hospital. There was no one present wishing to be heard. Hearing on the levying of special assessments for the construction of a curb and gutter on 5th Avenue Southeast from llth to 12th Street Southeast. Mr. Herbert Bornfleth of 1138 - 5th Avenue Southeast was present and stated that he was not opposed to the assessment for curb and gutter but had noticed that water still stood in a hollow place in the street. Hearing on the levying of special assessments for the construction of a curb and gutter on 9th Street Northeast from 1st to 2nd Avenue Northeast. There was no one present wishing to be heard. Fearing on the levying of special assessments for the construction of a curb and gutter on llth Avenue Southeast from 4th to 6th Street Southeast. There l was no one present wishing to be heard. Hearing on the levying of special assessments for the construction of a (curb and gutter on 7th Avenue Southeast from 6th to 7th Street Southeast. There was no one present wishing to be heard. Hearing on the levying of special assessments for the construction of a curb and gutter on 8th Street Northeast from Broadway to 1st Avenue Northeast. (There was no one present wishing to be heard. Hearing on the levying of special assessments for_the construction of a curb and gutter on 7th Avenue Northeast from 14th Street to Silver Lake Park. I There was no one present wishing to be heard. Hearing on the levying of special assessments for the construction of a (curb and gutter on loth Street Southeast from 5th to 7th Avenue Southeast. These was no one present wishing to be heard. Hearing on the levying of special assessments for the construction of a sanitary sewer and water main in 3rd Avenue Northeast from 16th Street Northeast to 200 feet north of 17th Street Northeast. There was no one present wishing to 1 • 1 • 1 be heard. 0 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., S e -ot e m b e r 20, 19 54 155 Hearing on the levying of special assessments for the construction of a sanitary sewer. and water.main in 7th Street Northeast to serve Outlot 1, E1 Rancho Sub -Division. There was no one present wishing to b-e heard. Hearing on the proposed change of zoning of Lot 4, Block 5, Ireland's First Addition from residential to commercial zone. There was no one present wishing to be heard and upon motion by.Anderson, second by Schroeder, the City Attorney was instructed to prepare an amendment to the Zoning Ordinance making the above requested -change., Hearing on the proposed change of zoning of Lot 1, Block 3, D. P. • Madden's .Addition from a residential to a commercial zone. There was no one present wishing to be heard and upon motion by Ackerman, second by Schroeder, the City Attorney was instructed to prepare an amendment to the Zoning Ordinance making the above requested change. Hearing on the proposed change of zoning of Lots 1 and 2. Block 22, Northern Addition from a residential to a commercial zone. There was no one present wishing to be heard and upon motion by Whiting, second by Schroeder, the City Attorney was instructed to prepare an amendment to the Zoning Ordinance making the above requested change. Hearing. on .the on the proposed change of zoning of a part of the Northeast - of Section 3-106-14 belonging to Max_ C. Klingsporn from a residential to a commercial zone. There was no one present wishing to be heard and upon motion by Schroeder, second by Moody, the City Attorney was instructed to prepare anamendment to the Zoning Ordinance making the above. requested- change. Hearing. on grading and surfacing on 3rd Street Southwest from 17th to 181 Avenue Southwest and on 5th Street Southwest from 17th to .182 Avenue Southwes and construction of a water main on 5th Street Southwest from lSth to 191 Avenue Southwest. Before others were heard the City Engineer again explained the plans for grading streets abutting on lands recently brought into the City in Highland • Addition and also stated the estimated cost of the work -which would be assessed against the property benefited. Mr. Haven Hodge was present and objected to the assessment on a corner lot based on a front footage. Also Mr. Wm. K. Manahan, who resides at 431 - 18th Avenue Southwest, stated that he wished to have the the improvement completed but he did not feelthat one owning property on a corner should be assessed on a footage basis. Mr. Donald Franke, representing Arden Schultz of the Schultz Motor Company, objected to the improvement as the grade would interfere with the way the property is being used. After hearing those present, Alderman Moody moved that the matter be referred back to the Street & Alley Committee and the City Engineer for further study; Alderman Morris, seconded the motion.and all voted in favor thereof. President Bach then read a protest against the construction of a side- • 156 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., S e p t emb e r 20, 19 5 4 �I I ir �� walk on a part of 14th Street Northeast between 114 - 14th Street Northeast and Silver Lake Drive signed by 16 residents in that area. Air. S. C. nemshrot, Mr. W. L. Wheeler, Mr. Emil J. Rousseau, Mr. David Fanning and Mr. T. R. Lundquist were present.at the meeting and protested the construction of a sidewalk according to the present plans. Mr. Frank Forsyth, President of Jefferson P.T.A., Mr. Stanley Drips, Mr. Clifford Johnson and Mr. Raymond Wagoner, each spoke in favor of constructing the said sidewalk. Mayor McQuillan also spoke on the matter stating that possibley a new plan could be presented.. A motion was then made by' Whiting t.hat the matter be referred to the Street & Alley Committee and the City Engineer to meet with the property owners concerned to study the matter. Alderman Moody seconded the motion and all voted in favor thereof. President Bach stated this as being the time and place set for receiving and opening bids for the following projects: aids for grading, base construction and bituminous surfacing in Sauer's First Sub -Division. The bid of Leon Joyce in the amount of $9,905.10 was received and opened and upon motion by Schroeder, second by Morris, the same was referred to the Street & Alley Committee and the City Engineer. Bids for grading, base construction and bituminous surfacing in Peck's Fourth Addition. The bid of Leon Joyce in the amount of $1.990.59 was received and opened and upon motion by Morris, second by Schroeder, the same was referred to the Street & Alley Committee and the City Engineer. Bids for construction of a sanitary sewer and water main in Sauer's First Sub -Division. The bid of Carlisle G. Fraser in the amount of $10,343.90 for sanitary sewer and $12, 614. SO for watermain was received and opened and upon motion by Morris, second by Schroeder, the same was referred to the Sewer and Water Committees and the City Engineer. Bids for construction of a sanitary sewer and water main.in Peck's Fourth Addition. The bid of Carlisle G. Fraser in the amount of $1,916.00 for sanitary sewer and $2,707.90 for water main was read and upon motion by Schroeder, second by Whiting, the same was referred to the Selaer and Water Committees and the City Engineer. Bids for construction of sanitary sewer and water service connections in Sauer's First Sub -Division. The bids of Carlisle G. Fraser in the amount of $6,993.00 and Viker and Sorenson in the amount of $7,074.Q0 were each received and opened and upon motion by Schroeder, second by Ackerman, the same were referred to the Sewer and Water Committees and the City Engineer. Bids for construction of sanitary sewer and water service connections in Peck's Fourth Addition. The bid of Carlisle G. Fraser in the amount of $1,237.50 was reaeived and opened and upon motion by Ackerman, second by Moody, 1 U • 11, the same was referred to the Sewer and Water Committees and the City Engineer. 0 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., S e pt a mb e r 20, 19 54 15 u 1 • 1 At 10:10 o'clock P. M. President Bach left and Alderman Anderson acted as President Pro Tem. The following resolution adopted by the Public Utility Board was read and upon motion by Ackerman, second by Moody, the same was approved and ordered placed on file: "Be it and it is hereby resolved by the Public Utility Board of the City of Rochester that the Sinking Fund Commission of the said City be and is hereby requested to invest, in short term securities, the amount of SEVENTY THOUSAND DOLLARS($70 , 000. 00) from the Sinking Fund for Steam Department Depreciation Reserve." The request of the Izaak Walton League for permission to have a Bingo Game at their 12th Annual Mulligan Supper at the Izaak Walton Cabin on Sept. 25, 1954 was read and President .Pro Tem Anderson ordered the same placed on file. A resolution adopted by the Board of Park Commissioners sponsoring a golf tournament in honor of Arthur R. Nachreiner, to be held on Labor Day of each year, was read and President Pro Tem Anderson ordered the samelplacgd on file. The request of the Rochester Bus Line, Inc. to have the following service added on school days only during the school year was read and upon motion by Schroeder, second'by Ackerman, their request was approved and the City Clerk r. was instructed to notify the Railroad & Warehouse Commission of the action taken: 7:50 a.m. 4th St. &. 14th Ave. S. W. 3:05 P.m. llth Ave. & 10th St. N.E. A communication from the Minnesota. Highway Department' regarding the resurfacing .of Trunk Highway No. 63 between 6th Street Southwest and the Chicago & Northwestern Railroad tracks was read and upon motion by Moody, second by Whiti the same was referred to the Parking and Traffic Commission. A communication from the State of Minnesota, Department of Highways, stating that the traffic control signals at the intersection of T.H. #296 (4th St. S.E.) & llth Avenue Southeast had been completed and the same were turned over to the City as of this date for maintenance and operation was read and upon motion by Schroeder, second by Whiting, the same was approved and the City Clerk was instruct ed to send a copy of the said communication to the City Engineer and the Chief of Police. A claim for damage to his car in the amount of $26.00 for damage in a collission with -a city car, signed by Frank Lebeck was read and upon motion by Ackerman, second by Schroeder, the same was referred to the City Attorney. A claim for damage to her car in the amount of $62.75 for damage received from a manhole stuck up in the street, signed by Mrs. Ervin Freiheit was read and upon motion by Whiting, second by Ackerman, the same was referred to. the City Attorney. A request by the Board of Park Commissioners for repairs needed at the Mayo Civic Auditorium was read and upon motion by Schroeder, second by Moody, the L� same was referred to the Public Grounds Committee. 158 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., S e p t e m b e r 2 0, 19 5 4 A notice by Irving L. Eckholdt, Judge of Municipal Court, of the appoint- men.t of Jean-Waskewiczas Deputy Clerk of Municipal Court, effective September 7, 1954 was read and upon motion by Schroeder, second by Ackerman, the appointment was approved. A petition for the construction of a curb and gutter on 6th Avenue Southeast from llth to 12th Street Southeast and a petition for the construction ofa curb and gutter on 13th Avenue Southeast from 7th to 8th Street Southeast were each read and upon motion by Schroeder, second by Ackerman, the same were referred to the Street & Alley Committee and the City Engineer. The following letter from the Mayor attached to a resolution ordering a hearing on the levying of special assessments for the widening and curb and gutter on 4th Street Southeast from 6th Avenue Southeast to the Rochester State hospital lwas read and the same was ordered placed on file: "Honorable Members, Common Council City of Rochester Gentlemen: I am returning the resolution ordering the hearing on assessments for widening and curb and gutter on 4th Street S.E. from 6th Ave. S. E. to the State Hospital, without my signature. However, I do not disapprove of a hearing, since, to the best of my knowledge, there has been no hearing since early May last year. However, I wish to cfall. the attention of the present Council to the fact that I met with two groups of people who live on 4th St. S. E. prior to the hearing in May 1953 and romised those people who live between 6th Ave. and llth Ave. on &th St. S.E., that I would veto any assessment against their -property, because they had already paid for pavement and curb and gutter. Any pavement widening was strictly for the benefit of the rest of the public and should be paid for by general taxation. Now is the time to adopt such a policy and I would like the Council to give this proper consideration before taking any further action. Residents from llth Ave. to the State Hospital on 4th St. S. E. were willing to pay their proportionate share of the cost of paving and curb and gutter. Respectfully, Claude H. Mcquillan Mayor of Rochester" The following preliminary estimates submitted by the City Engineer were leach read and President Pro Tem Anderson ordered the same placed on file: Finish grading, base construction and bituminous surfacing in Peck's Fourth'Addition . . . . . . . . . . . . . . . . .$2,027.40 Sanitary Sewer and water main in Peck's Fourth Addition . . . . . . 4,660.20 Sanitary Sewer and "later service connections in Peck's 4th Add. . . 1,170.00 Finish grading, base construction and bituminous surfacing in Sauer's First Sub -Division . . . . . . . . . . . . . . . . 10,238.70 Sanitary Sewer and Water Mein in Sauer's First Sub -Division . . . 23,499.80 Sanitary Sewer and Plater service connections in Sauer's First Sub -Division . . . . . . . . . . . . . . . . . . . . 7,020.00 The recommendation of the Street & Alley Committee that the bid of Leon Joyce for finish grading, base construction and bituminous surfacing in Sauer's First Sub -Division be accepted at unit prices bid_ was read and upon motion by Morris, second by Moody, the recommendation was approved. 1 • 1 • The recommendation of the Sewer & hater Committees that the bid of 0 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., September 20, 1954 .59 • 1 C� 1 Carlisle G. Fraser for the construction of a sanitary sewer and water main in Sa.uer's First Sub -Division be accepted at the unit prices bid was read and upon motion by Morris, second by Moody, the recommendation was approved. The recommendation of the Sewer & Water Committees ghat the bid of Carlisle G. Fraser for construction of sanitary sewer and water service connection in Sauer's First Sub -Division be accepted at the unit prices bid was read and upon motion by Morris, .second by Moody, the recommendation %oas approved. The recommendation of the Street & Alley Committee that the bid of Leon Joyce for finish grading, base construction and bituminous surfacing in Peck's Fourth Addition be accepted at the unit prices bid was 'read and upon motion by Morris, second by Moody, the recommendation was approved. The recommendation of the. Sewer & Water Committees. that the bid of Carlisle G. Eraser for the construction of. a sanitary sewer and water main in Peck's Fourth Addition be accepted at the unit prices bid was read and upon motio by Morris, second by Moody, the recommendation was approved. The recommendation of the Sewer & Water Committees that the bid of Carlisle G. Fraser for construction of sanitary sewer and water service connect- ions in Peck's Fourth Addition be accepted at the unit.prices bid ti,Yas read and upon motion by Morris, second by Moody, the recommendation was' approved. The app lications of Howard tiadsen and Stanley for license to sell cigarettes and license to sell soft drinks were each read and upon motion by Whiting, second by Ackerman, the licenses were granted. The second applications of John 1-1. Hennessey, Marion Schlief and Arthur l E. Driscoll for real gestate broker's license were each read and upon motion by Schroeder, second by Ackerman, the same were referred to the real estate commiss- ion. The license, bond of W. J. Hankee in the amount of $1,000.00 with the Saint Paul 111-2ercury Indemnity Company as surety was read and upon, motion by Whiting, second by Schroeder, the bond was approved, the surety thereon accepted and the same was ordered placed on file. The reports of the Clerk of Municipal Court for the week ending September 11, 1954 showing total criminal fines•a.nd costs collected $1,Q90.00 and civil fees received $.95 and for the week ending September 19, 1954 showing total criminal fines and costs collected $1,366.00 and civil fees received $15.25 were each read and having been approved by the City Attorney, President Pro.Tem Anderson ordered the same .placed on file. The following claims were each read and upon motion by Morris, second by Moody, 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; Is • 160 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., S e p t e mb e r 20, 19 5 4 From the General Fund: Lester J. Christopherson, $146.16; Margaret Kingrey, $48.13; Jones & Schmelzer, $23.80; Inez C. Rose, $9.75; Rochester Letter Service, $13.20; General Mills, Inc., $9. 75; Dept. of Weights & Measures, $35.00; V. F. Gitsch, $10.00; Oswald Publishing Co., $2.85; Cooperative Oil Company, $36.25; Louis Hemker, $160.95; Rochester Minn. Fire Ext. Co., $12.90; -Roch6ster Transfer & Storage Co., $52.50; Jones & Schmelzer, $127.40; Williams Printing Co., $142. 20; S & L Plumbing Co., $3. 50; Michaels, $35.65; Walker Larson Hardware, $2.85; Herbert G. Knopp, $92.SO; City of Rochester, P.U., $66.60; Alexander Auto Electric, $4.50; Lawler's, $33.00; Arnold's Mainteaance Supply, $29.95; James R. Doy2e, M.D., $37.50; Gibbons Printing Co., $32.30; The Rochester • Visitor, $10.00; National Bushing & Parts, $11.70; Reeve's Drug Store, $2.15; Darrel Hemker, $5.80; Jensen Hardware, $14.38; Scharf Auto Supply, $6.25. From the Street & Alley Fund: Stoppel Egg Poultry & Seed Co-., $4.45; Reeve's Drug Store, $2. 69; Golden Hill Machine Co., $3. 1 5; Zep Mfg. Corp., $24. 00; S. M. Supply Co., $46:33; Robert Lane, $69.60; R. C. Drips Grocer Cc., $19.00; Jensen Hardware Co., $19.07; Scharf Auto Supply, $25.06. From the Fire Protection Fund: National Fire Protection Assn., $16.00; Cooperative Oil Co., $1,75; Nelson Tire & Appliance Co., $87.29; Botsford Lumber Co., $5.66; E. T. Watkins Electric Mot§r Service, $10.13; Gopher Welding Supply, $9.30; S. M. Supply Co., $7.82; Jensen Hardware Co., $51.63; Scharf Auto Supply, $30.88; Rochester Soft Water Service, $4.00; General Trading Co., $17.10 and N. W. Bell Telephone Co., $42.75; From the Sewer Fund: Russell Sawyer, $3.67; Merchants Chemical Co., $35. 13; Peoples Natural Gas Co., $7. 51; R. C. Drips Grocer Co., $19.00; Arnold' a Maintenance Supply Co., $6. 00 and Jensen Hardware Co., $8.01. From the Bridge Fund: Jensen Hardware Co., $1.00. From -the Park Improvement Fund: Jostens, $43.09; Green Parrot Co., $117.25; Bakers Shoes, $12.00; Sunray Products Corp., $79. 64; Johnson.Company, $5.60; National Conference on -State Parks, $5.00; Rochester Bread Co., $21.95; • Herbert Thienell, $93.50; Golden Hill Machine Co., $16.29; Eagle Drug Store,$13.56; American Institute of Park Executives, $35.00; Minnesota Toro, Inc., $154.20; General Trading Co., $45. 40; C. L. Horn Signs, $35: 25; Mengedoth Sheet Metal, $6.20; North Broadway Laundrbmat, $77.95; American Linen Supply, $21.66; Seven - Up Bottling Co., $52.00; National Bushing & Parts, $13.73; Rochester Sand & Gravel Company, $56.00; Jensen Hardware, $123.07; Leo N. Herrick & Sons, $2.10; Wm. H. Ziegler Co., $22.91; Red Wagon Products Company, $42.40; Marigold Dairies, $60.45; Williams Printing Co., $44.00; Pudwell Jewelry, $27.35; The Kruse Co., $104.21; Peoples Natural Gas Co., $26.68; Hanson Hardware Co., $15.75; Whiting Stationers, $3. 79; KROC, $105.00; Quality Printing Co., $6.55; Pruetts Laundry, $3.83; Jones & Schmelzer, $145.65; Yellow Cab Co., $1.85; Railway Express Agency, $9.04; Kahler • Record of Official Proceedings of the Common Council of the City of Rochester, Minn., September 20, 1954 Iq 161 Hotel, $9.35; Rochester Post Bulletin, $49.40; Alpek Sheet P-fetal Works, $54.00; E. T. Watkins Electric Motor Service, $11.31; 0 & 0 Sporting Goods, $85.50.and Mayo Civic Auditorium Revolving Fund, $40.Og. From the Parking Meter Fund: Twin City Testing & Engineering, $30.00'. H & H Electric Co.., $72.21; Gopher Stamp & Die Co., $163.39; Clements Chevrolet Co-, $17.25; Brinck & Solberg, $136. 50; Woodruff Company, $104.05; Thomas Haxstad, $115.99; Rochester Iron Works, $19.00; Bergstedt Paint Co., $11.52; Magee Hale Park-O-Meter Co., $10.00 and Jensen Hardware Co., $17.20. The following resolution were each introduced and read and President Pro • Tem Anderson declared the same duly passed and adopted: Resolution accepting bid of Leon Joyce for finish grading, -base constr- uction and bituminous surfacing in Sauer's First Sub -Division. Upon motion by Ackerman, second by Moody, resolution adopted. Resolution accepting bid of Carlisle G. Fraser for construction of a sanitary sewer and water main in Sauer's First Sub -Division.- Upon motion..by Moody, second by Morris, resolution adopted. Resolution accepting bid of Carlisle G. Fraser for construction of sewer and water service connections in Sauer's First Sub -Division. Upon motion by Morris, second by Schroeder, resolution adopted. Resolution accepting bid of Leon Joyce for grading, base construction and bituminous surfacing in Peck's Fourth Addition. Upon motion by Schroeder, second by Whiting, resolution adopted. Resolution accepting bid of Carlisle G. Fraser for construction of a sanitary sewer and water main in Pecks Fourth Addition. Upon motion by Whiting, second by Ackerman, resolution adopted. Resolution accepting bid of Carlisle G. Fraser for construction of sewer and water service connections in Peck's Fourth Addition. Upon motion by Ackerman, second. by Moody, resolution adopted. • Resolution approving a resolution adopted by the Public Utility Board to invest $70,000.00 from the Sinking Fund for the Steam Department Depreciation Reserve Upon motion by Moody, second.by Morris, resolution adopted. Resolution authorizing the Mayor and City Clerk to execute an agreement between the State of Minnesota and the City of Rochester for traffic control signals at the intersection of Highway No. 14 and 3rd Avenue Southeast. Upon motion by Morris, second by Schroeder, resolution adopted. Resolution levying special assessments for construction of a curb and gutter on lltjr Avenue Southeast.from 4th to 6th Street Southeast. Upon.motion by Schroeder, second by Whiting,.resolution adopted., Resolution levying special assessments for widening and construction of a curb and gutter on 4th Street Southeast from 6th Avenue Southeast to.the State • Hospital. Upon motion by Ackerman, second by Moody, resolution adopted. 162 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., S e p t e m b e r 2 0, 19 5 4 0. - Resolution levying special* assessments for construction of a curb and gutter on -5th Avenue Southeast from llth-to 1-2th Street Southeast. Upon motion by lWhiting, second by Ackerman, resolution adopted. Resolution levying special assessments for construction of a curb and gutter on 9th Street Northeast from 1st to 2nd Avenue Northeast.- Upon motion by (Moody, second by Morris, resolution adopted. Resol'uti•on levying special assessments for construction of a curb a.-nd Ig utter on 7th Avenue Southea•s6 from 6th to 7th Street Southeast. Upon motion by (Schroeder, second by Ackerman, resolution adopted. Resolution levying special assessments for construction of a sanitary sewer and water main on 7th Street Northeast from 13th to 15th Avenue Northe ast. Upon motion by Morris, second. by Schroeder, resolution adopted. Resolution levying special- assessments for construction of a curb and gutter on loth Street Southeast from 5th to 7th Avenue Southeast. Upon motion by Ackerman, second by Moody, resolution adopted. Resolution levying special assessments for construction of a curb and gutter on 7th Avenue Northeast from 14th Street Northeast to Silver Lake Park. Upon motion by Moody, second by Morris, resolution adopted. Resolution levying special assessments for construction of a curb and gutter on 9th Street Northeast from Broadway to lst Avenue Northeast. Upon motion Iby Morris, second by Schroeder,•resolution adopted. Resolution levying special assessments for construction of a sanitary sewer and water main on 3rd Avenue- Northeast and 17th Street Northeast in Huey & Reynolds Addition. Upon motion by Schroeder, second by Whiting, resolution l adopted. Resolution ordering a 'nearing on levying special assessments for constr- uction of a, curb and gutter on 2nd Avenue Northwest from 5th to 9th Street North- Ivest. Upon motion by Whiting, second by Ackerman, resolution adopted. Resolution ordering a hearing on levying special assessments for constr- uction of a. sanitary sewer and water main in Graham Court Southeast; east of 15th Avenue Southeast. Upon motion by Ackerman, second -by Moody, resolution adopted. Resolution ordering a hearing on levying special assessments for constr- uction of a sanitary sewer and crater main in Bielenberg & Giese's 2nd Addition. Upon motion -by Moody, second by Morris, resolution adopted. Resolution ordering a hearing on levying special assessments for constr- uction of a sanitary sewer and water main in 19th Avenue N. E. from 9th to loth Street N.E.; loth Street N.E. from 19th Avenue N.E. to the east line of Miner's 3rd Addition and 9th Street N. E.-from 19th Avenue N.-E. to the east line of Miner's 3rd Addition. Upon motion by Morris, second by Schroeder, resolution adopted. 1 • 1 • 1 is Record of Official Proceedings of the Common Council of the City of Rochester, Minn., September 20 , 41954 163 1 • 1 • 1 Resolution ordering a hearing on levying special assessments for constr uction of a water main in 1321 Street Northwest from 2nd Avenue Northwest to Broadway. Upon motion by Schroeder, second by Whiting, resolution adopted. Resolution ordering a hearing on levying special assessments for - grading and surfacing Graham Court Southeast, east of 15th Avenue Southeast. Upon motion by Whiting, second by Ackerman, resolution adopted. Resolution ordering a hearing on levying special assessments for gradi and surfacing 19th Avenue Northeast from 9th to loth Street Northeast. Upon motion by Ackerman, second by Moody, resolution adopted. Resolution ordering a hearing on levying special assessments for gradi and surfacing 9th and loth Street Northeast from 19th Avenue Northeast to the East line of Miner's 3rd Addition. Upon motion by Moody, second by Morris, resolution adopted. Resolution ordering'a hearing on levying of special assessments for const uction of a curb and gutter and resurfacing 4th Avenue Southwest from 3rd to 4th Street Southwest. Upon motion by Morris, second by Schroeder, resolution adopted. Resolution appropriating $10,652.42 from the P.I.R. Fund and ordering payment made to Carlisle G. Fraser. Upon motion by Schroeder,'' second by Whiting, resolution adopted. Resolution appropriating $376.01 from the P.I.R. Fund and ordering payment made to Doyle Conner Company. Upon motion by Whiting, second by Ackerman, resolution adopted. Resolution appropriating $1,326.63 from the General Fund and ordering payment made to George D. Adkins, $235.37; Chicago Great Western Ry., $221.99; Mayo Clinic, $210.00; K. M. McGhie, $212. 50; Ivan Boyd, $214- 77 and Viktor 0. Wilson, $232.00. Upon motion by Ackerman, second by Moody, resolution adopted. Resolution appropriating $622.17 from the Park Improvement Fund and ordering payment made -to Rochester Figure Skating Club, $399.67 and Glenn E. Miller, $222.50. Upon motion by Moody, second by Morris, resolution adopted. Resolution appropriating $12,767.09 from the Permanent Improvement Fund and ordd.ring payment made to C. C. Pagenhart, $9,.540.00; H. Dornack & Son, $2,790.00 and Daniel N. Robbins, $437.08. Upon motion by Morris, second by Schroeder, resolution adopted. Resolution appropriating $907. 47 from the General Fund, $391.33 from the'. S & A Fund, $38.06 from the Sewer Fund, $6.19 from the Fire Fund and $593.09 from the Parking Meter Fund and ordering payment made to B. Amundsen Company, $593.ob• Schmidt Printing Company, $206.97; Doyle Conner Company, $380.03; Quality Printing Company, $310./9 and N. W. Bell Telephone Company, $445.36. Upon motion by Schroeder, second by Whiting, resolution adopted. 164 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., September 20, 19 54 Resolution appropriating $330.82 from the General Fund, $29.99 from the S & A Fund, $36.36 from the Fire Fund, $1, 521.18 from the Sewer Fund and $4, 582.56 from 'the Lighting Fund and ordering payment made to City of Rochester, Public Utilities. Upon motion by Whiting, second by Ackerman, resolution adopted. Resolution appropriating $1,027.40 from the Fire Protection Fund and ordering payment made -to Mine Safety & Appliance Co., $447.60 -and The Gamewell Company, $579.80. Upon motion by Ackerman, second by Moody, resolution adopted. Resolution adopting parking and parking meter regulations and pro- visions pursuant to Ordinance No. 871. Upon motion by Ackerman, second by Schroeder, resolution adopted. • An Ordinance granting to Donald Kruger the right and privilege to collect commercial garbage in the City of Rochester, was given its first reading. Alderman Whiting then moved that Section 5 be amended by adding thereto immediately following sub -section (c) the following to be designated as sub- section (d): "Nothing in this Ordinance shall be construed as limiting ex abrdiging any legal rights or remedies which the collector or•the City has upon a wrongful breach or termination thereof." Alderman Whiting further moved that Section 12 be amended. by changing the period at the end thereof -to-a: comma and adding thereto the following "provided however that the collector shall file with the City Clerk within 10 days after the final publication of this ordinance, his written acceptance of this grant of privilege and his ag reeme•nt•ty collect commercial garbage and feed the same according to the provisions and regulations of this -ordinance. If such written acceptance and agreement is not filed within the time specified, this ordinance shall be null and void." Alderman Ackerman seconded the motion and all voted in favor - thereof. Upon motion by -Moody, second by Morris, and - upon roll and all voting in favor thereof, the rules were suspended and the ordinance was given•its second reading. Upon motion by Ackerman, second by Morris, and upon roll call andall • voting in favor thereof, the rules were suspended and the ordinance - was given its third and final reading. Upon motion -by -Moody, second by Whiting, that the said ordinance be adopted as read, and all voting in favor thereof, President Pro Tem Anderson declared th6 said ordinance duly passed and adopted. .An Ordinance relating to the licensing of peddlers, canvassers and transient merchants and providing penalties for the violation thereof; was given its first reading. Upon motion by Morris, second by Mood;*,•the matter of setting the fees in the above ordinance was referred to the License Committee. Mrs. Roxie L. Ue:ih'• and Mr. 0. Brause were before the Council -and • Record of Official Proceedings of the Common Council of the City of Rochester, Minn., September 20, 1954 inquired as to whether or not plans had been made to purchase a portion of the farm belonging to Mr. Brause, formerly owned by Fred Weih and his wife. Upon motion by Moody, second by Morris, the matter was referred to the Sewer Committee and the City Attorney for further investigation and recommendation. All voted in favor of the motion. Upon motion by Morris, second by Moody, the meeting was adjourned. Act ng as City Clerk 7 K I