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HomeMy WebLinkAbout03-02-195916 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., March 2., 1959 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 March 2, 1959. President Kamm called the meeting to order at 2:00 o'clock P. M., the following members being present: President Kamm, Aldermen Haas, Hanlon, McGuckin, Morris, Tingley, Wilkus. Upon motion.by Tingley, second by Haas, the minutes of the meetings of'February 16th and 25th, 1959 were approved. President Kamm stated this as being the time and place set for receiving and opening bids for improvements for the concert shell at Mayo Park. The bid of John Weis & Sons in the amount of $8,626.00 was received and opened and upon motion by Haas, second by Tingley, the same was referred to the Music Board for recommendation. All voted in favor thereof. President Kamm stated this as being the time and place set for receiving and opening bids for furnishing one 150 lb. oil fired portable steamer for the Street & Alley Department. The bids of /Zero Company in the amount of $3,697.75 and Ruffridge Johnson Equipment Company in the amount of $3,465.00 were each received and opened and upon motion by Tingley, second by Haas, the same were referred to the Public Works Committee and City Engineer for tabulation and report. All -voted in favor thereof. A letter from Marvin W. Price, City Assessor, requesting permission for himself and two deputies to attend the Assessor's School to beheld in the Mayo Memorial Building at the University of Minnesota on March 5th through 7th, 1959 was read. Upon motion by Hanlon, second by Haas, the request was granted and Mr. Price and his�two deputies were authorized to attend the said school at city expense. All voted in favor thereof. ` A letter from Garnet Spring, Building Inspector, requesting permission for himself, the Heating Inspector and the Plumbing Inspector to attend the third annual Institute for Building Inspectors to be held on March 25 and 26, 1959 at the University of Minnesota was read. Upon motion by Tingley, second by Hanlon, the request was granted and the Building, Plumbing and Heating Inspectors were authorized to attend the said school at city expense. All voted in favor thereof. A motion was then made by Tingley that any member of the Council or the Mayor be authorized to attend the municipal short -courses at the University of Minnesota if they desire. • Haas seconded the motion and all voted in favor thereof. A letter from C. A. Armstrong, City Engineer, recommending the promotion of Verne Wussow from Engineering Aide II ($4280 Base) to Engineering Aide III at base wage of $4770 beginning March 1, 1959 was read. Upon motion by Hanlon, second by Haas, the same was referred to the Public Works Committee. All voted in favor thereof. A letter signed by W. McK Craig, Director of Civil Defense, requesting a meeting between the Internal Affairs Committee and the Civil Defense Staff was read. Upon motion by by Tingley, the same was referred to. the Internal Affairs Committee. All voted in Haas, second favor thereof. Record' of Official Proceedings of the Common Council 1 71 of the City of Rochester, Minn., March 2, 1959 1 1 1 • 1 The following letter from C. A. Armstrong, City Engineer, was read: "Honorable Mayor & Common Council City of Rochester, Minnesota Re: Sewer Service Charges Ordinance Garbage Grinding Rates Gentlemen: I recommend that the charges for ground garbage discharged into the sanitary sewers be established in the proposed Ordinance at 20 cents per hundred op unds. This cost is based upon computations in Mr. Hogenson 's reports which are attached. The clause defining commercial garbage grinders is recommended to read "---------- at an average monthly rate of 250 pounds,or more shall be classified as using a commercial grinder". In determining the quantity of ground garbage from eating establishments it will be necessary to use the number of meals served as an index of the pounds of garbage. On the basis of available information, it appears that-100 meals per day will produce 500 pounds of garbage a month and result in a charge of $1.00 per month. For grocery stores and other establishments, methods for measuring or estimating the quantities of ground waste will have to -be worked out. Respectfully, /s C. A. Armstrong City Engineer" A motion was made by Haas that the recommendation be accepted and the charges be inserted in the ordinance. Wilkus seconded the motion and all voted in favor thereof. A letter from the Holmes School P.T.A. and St. Francis Home School Association regarding school zone signs and proposing the following as steps towards the solution of this traffic problem was read: 1. Thorough marking of Eleventh Avenue East, Center Street East and Fourth Street Southeast as school zones, with school zone speed limits. 2. Furnishing a pariolman at the intersections of Eleventh Avenue South East and Fourth Street South East and at Eleventh Avenue East and Center Street East when pupils are entering or leaving school. We appreciate the limited manpower available at these times and therefore suggest.a review of the general patrol placement to make the most efficient use of their services in terms of pupils per policeman and of the hazards involved. We recognize certain imbalances in this area existing now. 3. Placing a "No Left Turn" sign at the intersection of Eleventh Avenue South East and. Fourth Street South East from 2:55 through 3:40 P. M. on school days since traffic turning left flows directly into the line of children crossing the street. Upon motion by Wilkus, second by Tingley and all voting in favor thereof, the same was referred to the City Security Committee. The following memorandum from Harold E. Kamm, President of the Common Council, was read and upon motion by Haas, second by Wilkus, and all voting in favor thereof, the same was referred to the Public Works Committee: "MEMORANDUM TO: Mayor Smekta and 'Council Members SUBJECT: Street Repair and Maintenance Program for anticipated'Spring Breakup. I respectfully request the Council and mayor's office to inaugurate immediate legislation to authorize the City Engineer to -engage emergency assistance in meeting our spring street repair program. In essence, authorize the City Engineer to sub -contract a part of the work that will need to be done when the spring breakup comes Evidence of the tremendous job ahead has been very obvious the last few weeks when rising tempeatures have occurred and the holes in the streets are dangerous, if not disgraceful to our city. It is my opinion that the job of street repair is far too much for our City Engineering Department to handle -and keep current on during the spring months. In visiting with Ed Lawler on this problem, he states that the problem looks almost too big to handle for his department this coming spring with all the additional streets which have come about, as a result of the Rochester growth program. I suggest, with the City Engineers concurrence, we employ a firm to help repair and maintain.our streets between March.l and May 1. 0 18 Record of Official Proceedings of the Common Council of the City of Rochester,. Minn., March 2, 1959 We cannot pacify the'public much longer on our street condition. They want results and if these results are to come, we must supplement the equipment and manpower we have through the next two crucial months. Thank you for your consideration. /s Harold E. Kamm President of the City Council" A letter signed by Harold E. Kamm, President of the City Council, relative to the indifference of certain citizen's and lack of courtesy in aiding the Street Department during their snow removal provlem was read. He stated that cars parked on the streets, where it has been posted with signs indicating snow removal in that area, were never moved and he recommended that stiffer fines be levied on such situations so a better job could be done relative to snow removal.m R. V. Ehrick, City Attorney, reported that in the residential district the cars are allowed to remain 12 hours and an amendment would have to be adopted if they wished to have cars hauled away before that time. The possibility of the City having an area to which cars could be moved was discussed (it was suggested that the lot behind the fire hall be fenced in and used for this purpose). A motion -was made by Hanlon that this letter be referred to the City Security Committee for further study. Tingley seconded the motion and all voted in favor thereof. A letter signed by William Bielenberg and Henry J. Giese submitting a -proposed plat of the Replat of Bielenberg and Giese's Fourth Addition was read and upon motion by Haas, second by Morris, the letter and plat were referred to the Planning and Zoning Commission. Mr. W. G. Roeseler of Ladislas Segoe & Associates requested a meeting with the Council to discuss the comprehensive guide plan. Upon motion by Tingley, second by Morris, Wednesday, March 4, 1959 at 4:30 P. M. was set as a meeting time with Mr. Roeseler. All voted in favor. The petition signed by Harold Flanders requesting that the west 38 feet of the north 169 feet of -Lot 3 and the east 25 feet of the north 169 feet of Lot 4, Block 13, William McCullough Addition (718 West Center Street) be changed from a residential to a multiple dwelling zone was read and upon motion by Haas, second by Morris, the same was referred to the Zoning Board. The peitition signed by George Leiferman requesting that Lots 23, 24 and 25, Block 3, Cascade Plaza and the.west 50 feet of Lots 9 and 10, Block 5, Cascade Manor be changed from a residential to a multiple dwelling zone was read and upon motion by Morris, second by McGuckin, the same was referred to the Zoning Board. A petition signed by John Bielenberg; William Bielenberg; Ruth Bielenberg; Henry J. Giese; Myrtle Giese; Arthur J. Hall and Lillian E. Hall to have all that part of 15h, 16th and 16h Avenues lying north of the north line of 16th St. N. W. and south of the south line of llth Avenue Northwest and that part of llth Avenue Northwest lying between 15k Avenue Northwest and 16th Avenue Northwest, which lies Southwesterly of a line 50 feet Southwesterly of the center line of llth Avenue Northwest vacated was read and upon motion by Tingley, second by Wilkus, the same was referred to the Planning and Zoning Commission. Mr. Albert J. Toddie, President and Mr. Phil Lampman, Secretary of the Board of Park Commissioners were present in regard to replacing the roof on the Mayo Civic Auditorium. They said repairing does no good and it leaks all over; and even if the work were started now it could not 1 is 1 1 • be completed before the end of April and they wanted to know (1) whether this budget was approved 1 is 1 • Record; of Official. Proceedings of the. Common Council. 9 of the City . of Rochester, Minn., March 2, 1959 09WALD PUBLISHING CD., NEW ULM. MINN. 9181 and (2) if they could proceed with the project.. R. C. Andrews reported that $39,600.00 had been budgeted in next years -budget in the Permanent Improvement Fund.for the repairs to the roof at the Mayo Civic Auditorium. A motion was made by Haas that the Park Board be granted premission to employ architects to draw plans and specifications and give an estimate of cost for the replacing of the Mayo Civic Auditorium roof. Wilkus seconded the motion and all voting.in favor thereof, President Kamm declared the motion carried. The Council then discussed with the Park Board, the establishment of a separate Mayo Civic Auditorium Board. Mr. Toddie stated that he felt the auditorium should be retained in the park department. He said.there was "interlocking" parks -auditorium operation, with employees working in both parks and auditorium according to need and seasonal requirements. He said the 1'k mills levied could be kept separate from park funds and he felt that especially after January 1, 1960, when they would have a seven man board, that they could handle the auditorium effeciently along with .the parks. Mr. Lampaman and Mr..Mullenbach, members of the Park Board.; Cal Smith, Manager of the Auditorium and Wm. Van Hook, Supt. of Parks, all agreed that they felt the right answer was to leave the auditorium under the Park Board. A letter signed by Andrew E. Towey, Vice President of Rochester West Company, addressed to the Board of Park Commissioners was read, this letter stated that Rochester West Co. would donate with no further charges for street improvements a 12 foot wide pedestrian entrance to the west side of Starr Budd Park, this land is in the extreme Southeast corner of the Rabehl farm and will be so designated when this land is platted. Also a bill in the amount of $4,832.20 from Rochester West Company to the Park Board for utilities park'site Country Club Manor 383 front feet on 3rd Street N. W. was presented. Alderman Hanlon stated that these were costs for utilities and no arrangement had been made as to who was going to pay the assessments on a donated park site. C. A. Armstrong, City Engineer explained that this work had been done and paid for by the developers and they set what they felt was the City's share of the cost and he thought there would be similar bills.in other additions. A motion was made by Haas that this bill be tabled; President Kamm declared this motion lost for want of a second. A motion was then made by Hanlon that this be referred to the City Attorney and the Board of Park Commissioners for action, in the light of the Council's position that they do not feel a moral or legal responsibility. Morris seconded the motion and all voted in favor thereof. The matter of setting a definite policy as to any legal responsibility on paying the assessments on donated land for park sites was discussed. A motion was made by.Hanlon, second by McGuckin, requesting that Ladislas Segoe & Associates review the City's present policy in regard to assessments incureed when we have land donated or we acquire land for school or park purposes. A motion was made by Haas that the above motion be amended to include future policy or plan. Morris seconded the motion and upon roll call and -all voting in favor thereof, except Wilkus and Tingley. who voted "no", President Kamm declared the amending motion carried. A roll call vote was then taken on the original motion as amended and all voting in•favor thereof, except Tingley and Wilkus, President Kamm declared the motion as amended carried. 1 • Record of Official Proceedings.of the -Common Council of the City .of Rochester, Minn.; March 2,1959 • -Mr. John Case of the Virginia Hotel was present and opposed the signs located on the south side of 1st Street Southwest next to their hotel which read 12 minute parking for post office patrons only. James J. Macken, Jr., Chief of Police, explained that these signs had been put here in error and would be corrected immediately. A letter from the Board of Park Commissioners enclosing a comparable salary survey of the three main categories in the Park Department as compared to like workers in the Street & Alley and Sewage Department and requesting that the Council give this survey study and thought was read and President Kamm ordered the same placed on file. Judge Wm. LaPlante, representing Ralph Doggett of 209 - 13th Street N. W., was • present and inquired if the Council had done anything further about'straightening 13th St. N. W. He stated that it had been quite some time now since this was started and his client would like to know where he stands, if they intend to purchase the whole of his property or just a part. C. A. Armstrong, City Engineer, said that the right of way had been established here and this was one of the projects under the bond issue and if the Council so wishes it could be condemned as soon as the papers are prepared.• The Council was going to meet and discuss this matter on Wednesday, March 4, 1959. Upon motion by Wilkus, second by Tingley, a 15 minute recess was declared. The recommendation of the Public Works Committee that construction of a concrete curb on the west side of North Broadway in front of 605, Nu -Mode Beauty Salon; 607 Shea's Bar Tavern; and 609, Joachim's Food Market Urocery at the public's expense in order to prevent the illegal diagonal parking at these locations and eleminate the hazard to traffic on Broadway; and the City Engineer be authorized to proceed with its construction; and that the property owners make whatever sidewalk repairs or modifications that are required as a result of this change was read. Upon motion by Haas, second by McGuckin, the recommendation was approved. All voted in favor. The recommendation of the City Security Committee that parking on 4th Street S. E. be restricted to one (1) hour between 2nd and 3rd Avenue, on both sides of the street and that parking meters be installed on 4th Street S.-E. from the Zumbro River Bridge to 3rd Avenue and that the City Attorney be instructed to draw the necessary resolution to make this change effective was read. Upon motion by Wilkus, second by Tingley, the recommendation was approved. All voted in favor. The recommendation of the City Security Committee that parking be prohibited at all times on the East side of llth Avenue N. E. from Center Street to 7th Street -and that the City (Attorney be instructed to draw•the necessary resolution to make this change effective was read. Upon motion by Wilkus, second by Haas, the recommendation was approved. All voted in favor thereof. The recommendation of the City Security Committee that parking be prohibited on both sides of 2nd Street N. W. from.3rd Avenue to llth Avenue, between the hours of 7:00 a.m. and 5:00 p.m. on Monday through Friday and that the City Attorney be instructed to draw the necessary resolution to make this change effective was read. Mr. E. E. Woodhouse of'836 - 2nd Street N. W. was present and spoke in behalf of residents on 2nd Street N. W., stating that they were opposed to the no parking on both sides of the street'; he said that their street is 35 feet wide which leaves 24 feet for driving which is much wider than most streets in the city and therefor could not • Record of Official Proceedings of the Common Council of the City of Rochester, Minn., March 2, 1959 21 • 1 1 • 1 see the reason to prohibit parking on both sides of.the street. Alderman Hanlon, Chairman of the City Security Committee, stated that this recommendation was based on the recently updated report by George Barton & Associates to ease the east -west traffic flow in that part of the City; he said there was no plan to make 2nd Street a truck route. Mr. Robert Neill of 610 - 2nd St. N.W. also spoke in opposition. Alderman Tingley moved that the recommendation of the City Security Committee be referred back to the City Security Committee and the. Mayor's Parking & Traffic Committee for further study and possible modification. Morris seconded the motion and all voting in favor thereof, except Haas and Hanlon who voted "no', President Kamm declared the motion carried. The recommendation of the City Security Committee that one (1) meter be removed and a truck loading zone be established in front of 12th - 1st Street N. E. and that the City Attorney be instructed to draw the necessary resolution to make this change effective was read. Upon motion by Haas, second by Hanlon,. the recommendation was approved. All voted in favor.. The recommendation of the Public Works Committee recommending resurfacing of 2nd St. S. W. from llth Ave. S.W. to 14th Ave. S.W. as a local improvement project under Chapter 429, with assessments to be levied against abutting property in accordance with the street assessment policy (not to exceed $5.00 per linear foot for resurfacing) was read. Upon motion by Haas, second by Vilkus, the recommendation was approved. All voted in favor thereof. The recommendation of the Public Works Committee that the offer of Mr. & Mrs. Russel] Carroll to transfer 4 parcels of land for street right-of-way for the sum of $7500.00 be accepted,) was read. The following is the offer as submitted: 1. The City will pay to Mr. & Mrs. Carroll the sum of $7,500.00. 2. The Carrolls will convey to the City the easterly portion of the southerly 60 feet of the property described in the petition which is part of the property sought.for a street. 3. The Carrolls.will dedicate for street purposes the westerly portion of this same 60'feet at no cost to the City. 4. The Carrolls will dedicate for street purposes the northerly 17 feet of their property to permit the widening of the present county road, also at no cost to the City. 5. The City will install sewer along 18th Avenue adjoining the Carrolls' property, render a statement to the Carrolls for the same, and.the Carrolls will reimburse the City. -It is anticipated this work will run approximately $800 but is not expected to exceed $1,000.00 cost to the.Carrolls.. 6. The City will waive assessment against the Carroll property for water already.installed in 18th Avenue N.W. 7. The sewer work will be done by June 1, 1959, unless unforeseen circumstances prevent this. Upon motion by Haas, second.by Morris,.and upon roll call and all voting in favor thereof, the recommendation was accepted. The recommendation of the Public Works Committee that they concur in the recommend- ation of the Planning and Zoning Commission that the alley in Wm. C. Shelton's Subdivision of Block 6, Wm. McCullough's Addition be vacated with the provision that an agreement be made for providing adequate offstreet loading areas by present and future owners commensurate with the type of land use constructed.on this property was read. Upon motion by Tingley, second by Wilkus, the recommendation was accepted and'the City Clerk was instructed to prepare a resolution ordering a hearing. All voted in favor thereof. 22 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., March 2, .1959 The recommendation of the Public Works Committee that they concur in the recommendation of the Planning and Zoning Commission that the final plat of Elton Hills 4th Subdivision be granted final approval subject to the recommendation of the Planning Director that the City of Rochester acquire Outlot 1 for park purposes was read. Wilkus moved that the recommendation be referred to the Public Works Committee and they negotiate for purchase or option to'purchase this Outlot 1 for park purposes. McGuckin seconded the motion and upon roll call all voted in favor thereof. The recommendation of the Public Works Committee that the zoning of Lots 9, 10, 11, 12, 13 and 14, Block 1, Kreter's Replat be changed from a residential to a multiple dwelling • zone and offstreet parking be provided at the minimum ration of one space for each single family dwelling unit as shown on the plan dated October 30, 1958 was read. McGuckin moved thatthe recommendation be approved and a hearing be set on the proposed zone change for April 6, 1959 at 7:30 P. M. Tingley seconded the motion and upon roll call all voted in favor thereof, except Hanlon who voted "no". A report on feasibility of proposed local improvement by the City Engineer stating' that a resolution proposing paving -of 7th Street'N. E. from Broadway to 2nd Avenue N. E. had been referred to his office on Feb. 16, 1959 and they report that the improvement is entirely feasible and recommend its construction, pavement is to be 48' wide with concrete surface Broadway to railroad tracks, bituminous surface railroad tracks to 2nd Ave. N. E. and curb and gutter the entire length, -the estimated costs, made without survey or plans, are $66,000, was read. Also the recommendation of the Public Works Committee that they had considered the above project and recommend its.construction with the assessment against the abutting.property on the basis of $7.00 per front foot for commercial property and $5.00 a foot for residential property was read. Tingley moved that the recommendation be approved. Morris seconded the motion and upon roll call all voted in favor thereof. The recommendation of the Public Works Committee recommending inititation of pro- ceedings for paving llth Avenue N. W. from 2nd St. N. W. to 7th St. N. W. as a local improvement project under Statute 429, without petition,.was read. Wilkus moved.that the recommendation be • approved. Hanlon seconded the motion and.all voted in favor thereof. The recommendation of the Public Works Committee recommending initiating proceedings for grading and paving of 16th Ave. N. W. from 2nd St. N.W. to 4th St. N. W. and 4th St. N. W. from 16th Ave. N. W. to T. H. 52 as a local improvement project under Statute 429, wihtout petition, was read. Wilkus moved that the recommendation be approved. Tingley seconded the motion and upon roll call all.voted in favor thereof. The recommendation of the Board of Zoning that the petition of Holm & Olson Company to have a portion of the South half of Lots 97 and 98 in Auditor's Plat "B", described in metes and bounds, changed from a residential to a commercial zone be granted was reads Tingley moved that the recommendation be accepted and a hearing on the proposed zone change be set for • Record of Official Proceedings of the Common Council of the City of Rochester, Minn., March 2, 1959 23. 1 "4 • 1 1 • 1 7:30 P. M. on April 6, 1959. McGuckin seconded -the motion and upon roll call and McGuckin, Morris, Tingley and Kamm voting "aye" and Haas, Hanlon and Wilkus voting "no", President Kamm declared the motion carried. The recommendation of the Board of Zoning that the petition of Frank Berbhammer to have -Lots 5 and '6, Block 33, Northern;Addition (822 North Broadway) changed from a residential to a commercial zone be granted was read. Tingley moved that the recommendation be tabled until March 16, 1959. Haas seconded the motion and all voted in favor thereof. The recommendation of the Public Works Committee and.City Engineer that the bid of Ruffridge Johnson Equipment Co., Inc. for furnishing one (1) 150 lb. oil fired portable.steamer for use in the Street & Alley Department be accepted in the amount of $3,465.00 and ehecks be returned to the unsuccessful bidders was read. Upon motion by Wilkus, second by Morris, the recommendation was accepted.- All voted in favor thereof. The recommendation of the Public Works Committee recommending that bids be taken on March 16, 1959 for one 2k ton truck chassis with cab for the Street & Alley Department, with one 1951-Dodge truck chassis.to be traded in, was read. Wilkus moved that the recommendation be accepted and the City Clerk was instructed to prepare a resolution ordering bids for the said truck chassis. Morris seconded the motion and upon roll call, all voted in favor thereof except Haas and Hanlon who voted "no". The recommendation of the Public Works Committee recommending construction of'a storm sewer project entitled "Storm Sewer in City Area Northeast" under local improvement proceedings without petition; the actual extent of this project is the trunk line on 14th St. N.E. from 6th Ave. to 14th Ave. N. E. and laterals on the avenues north of 14th St.; this project to be financed jointly by special assessments and the Storm Sewer Bond Issue, was read. Wilkus moved that the recommendation be accepted. Morris.seconded the motion and upon roll call all voted in favor thereof. , Upon motion by Morris, second by Wilkus, the meeting was adjourned until 7:30 P.M. President Kamm called the meeting to order at 7:30 P. M. the following members bei present: President Kamm, Aldermen -Haas, Hanlon, McGuckin, Morris, Tingley, Wilkus. President Kamm stated this as being the time and place set for a hearing on the proposed assessment for grading and surfacing and construction of a curb and gutter on 7th Street Northeast from 2nd Avenue N. E. to llth Avenue N. B. There was no one present wishing to be heard and no written objections were received. President -Kamm decalred the hearing officially closed. Mrs. Chris Christensen of 613 - 7th Street N. W. (Cascade Grocery) was present and stated that they had been assessed for 57 feet of paving and they did not have more than 3 of 4 feet and they had no driveway.and there was no means for any truck -to stop in front of their door, and felt that they had been.unfairly assessed. Wilkus moved that this matter be referred to the Public Works Committee, they to view the property and report back to the Council by March 16,1959. Morris seconded the motion and all voted in favor thereof. I 24 Record of Official Proceedings of Elie 'Common Council of the City of Rochester, Minn., March 2. 1959 • OBWALD PIJBLIBHINO CO., NEW ULM, MINN. 9181 The applications of Peter Bilotti for a license to sell cigarettes and license to sell soft drinks were each read. Wilkus moved that the licenses be granted. Tingley seconded the motion and upon roll call all voted in favor thereof. The indemnity.bond for lost order or warrant of Charles Armstrong in the amount of $22.45 was read. Wilkus moved that the bond,be approved and a duplicate check be issued. . Morris seconded the motion and all voted in favor thereof. The contract bond of Lyon Chemicals, Inc. in the amount of $2,090.55 with the St. Paul Mercury Insurance Company as surety was read and the same was referred to the Mayor for his approval. _ . • The reports of the Clerk of Municipal Court for the week ending February 13, 1959 showing total criminal fines and costs collected and civil fees received $1,488.25 and total remitted to the City Treasurer $820.45 and for the weekending February 20, 1959 showing total criminal fines and.costs collected and civil,fees received $1,280.75 and total remitted to the. City Treasurer $755.95, were each read and having been approved by the City Attorney, President Kamm ordered the same placed on file. _ The reports for the month of February, 1959 of the Building Inspector showing fees collected for building permits,issued_$197.00; of the Electrical Inspector showing.fees collected for electrical permits issued $184.00; of the Plumbing Inspector showing fees collected for plumbing permits issued $234.00; of the Heating Inspector showing fees collected for heating permits issued $169.75 and fees collected for sign permits issued„$54.13, were each read and President Kamm ordered that the same,be placed on file. The following resolutions were each introduced and read, and upon motion made bnd seconded and all voting in,favor thereof, President Kamm declared the said resolutions duly passed and adopted: Resolution authorizing the purchase of $1,000,000 (Maturity Value)„ U. S. Tax Anticipation Certificates maturing September 21, 1959. Upon motion by.. Haas, second by Hanlon, resolution adopted. Resolution authorizing the investment of $300,000.00 from the Permanent Improvement • Fund tnimvested cash in 3k7. U. S. Treasury Notes maturing May 15, 1960. Upon motion by Hanlon, second by McGuckin; resolution adopted. Resolution referring proposed improvement for feasibility report and recommendation for the resurfacing of 2nd Street S. W. from llth Avenue S. W. to 14th Avenue S. W. Upon motion by McGuckin, second by Morris, resolution adopted. _ Resolution ordering a hearing on the vacation and abandonment of a. strip of land 18': wide lying between 5th Avenue Northwest and 6th Avenue Northwest. Upon motion by Morris, second by Hanlon, resolution adopted. Resolution receiving preliminary report, ordering a public hearing and directing preparation of plans and speciations for paving of 7th Street Northeast from Broadway to.2nd Avenue Northeast. Upon motion by Tingley, second by Hanlon, resolution adopted. • Record of Official Proceedings of the Common Council of the City of Rochester, Minn.,. March 2 1959 D SWALD PU8 LIS HINB CD- NEW ULMMINN 9181 Resolution referring proposed improvement for feasibility report and recommendation for paving of llth Avenue Northwest from 2nd Street Northwest to 7th Street Northwest. Upon motion by Hanlon, second by McGuckin, resolution -adopted.; - Resolution referring proposed improvement for feasibility report and recommendation fqr the grading and paying of 16th Ayenue,N..W. from 2nd Street N. W. to 4th Street N..W. and 4th Street,N.- W. from 16th Avenue Ii.-W. to T. H. #52. upon motion by McGuckin, gecond by Morris, resolution adopted. Resolutton_accepting bid of Ruffridge Johnson Equipment Company for furnishing one • 150 lb. oil fired portable,steamer. Upon motion by Wilkus, second by Tingley,, resolution adopted. ,Resolution directing the City Clerk•to,advertise for sealed proposals for•one 2k .ton truck chassis lKth cab for the Street & Alley Department. Upon motion by Hanlon, second by McGuckin, resolution adopted. Resolution} referring proposed improvement for feasibility report and recommendation for storm sewer in City Area Northeast (trunk line on 14th St. N. E..from 6th Avenue to 14th, Avenue 1j. E.,and lateral$ oq the avenueq north of 14th Street). Upon motion by Tingley, second by Wilkus, resolution adopted., , ..Resolution ordering bids for furnishing traffic actuated signal, with,pedestrian controls, to be installed on 7th Street Northwest at 2nd Avenue Northwest., Upon motion by Wilkus, second by 11aa$, resolution adopted. and 557.32 from the Perm. Impr. Fund Resolution appropriating $279.13 from•the P.I.R. Fund/and ordering payment made to E. Co Bather ,& Associates. ,Upon motion by McGuckin, gecond,by Morris, resolution adopted. Resolution appropriating $583,36 from the Fire Protection Fund and ordering payment made to S. M. Supply Company. Upon motion,by Haas, second by-morriss resolution adopted.. . Resolution appropriating $340.00 from the General Fund, $1,374.03.from the S & A Fund and $2,409.40 from the PgI.R. Fund and ordering -payment made to Fred Weinrich $328.12; Morton Salt Company, $1,045.91; Dallas Jones Productions; Inc. $340.00 and Leon Joyce $2,409.40. Upon motion by McGuckin, second by Morris, resolution adopted. Resolution 4ppropriating.,$1,680.65 from the General Fund and ordering payment made • to St. Mary's Hospital. Upon motion by Hanlon, second by McGuckin, resolution adopted. . Resolution appropriating $517.19 from the General Fund, $38.34 from the S & A Fund, $467.83 from the Fire Protection Fund and $6,856,.89 from the Lighting Fund and ordering payment made to City of Rochester, P.U., $439.20; Kenneth Stoltenberg, $252.55; Clutch and Transmission, $251.28 and.City of Rochester, P.U., 46,937.22. Upon motion by Wilkus, second by Morris, resolution adopted. Resolution appropriating $1,052.79 from the General Fund and ordering payment made to Pemberton, Michaels, Bishop and Seeger, as Attorneys for Regina E. Forbes and Laurence Forbes. Upon motion by Hanlon, second by Haas, resolution adopted. .Resolution levying.special assessments for the grading and surfacing and the cons- truction of a curb and gutter on 7th Street Northeast between 2nd Avenue and llth Avenue Northeast 26 Record of Official Proceedings of the"Common Council of the City of Rochester, Minn., March 2, _1959 • C,BWALG P_U.E LIBHING CO., NEW ULM, MINN. 91131 Upon motion by Haas, second by Wilkus, resolution adopted. • The following claims were each read and upon motion by Morris, second by Haas, 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: Robert R. Blakely, $59.37; Russell C. Andrews, $68.70;-Wm. L. Burrows, $39.00; Charles Dornack, $40.20; Paul Plantz,•$39.38; Garnet Spring,.$23.78; Clerk of Municipal Court, $121.30; The First National Bank of Rochester, $21.25; Elfreda Reiter,$68.60; Willetta Hoaglan, $77,25; State Treasurer Surplus Property Fund,-$30.00; H. Dornack & Sons, $21.50; Red Owl Stores, $9.80; Arnolds Supply,Co., $39.95;-Minn. Mining & Mfg. Co.,_$42.84; Dieter Paper & Marine Supply, $21.60; Wagner & Myers, $6.85; Dodge Books, F. W. Dodge Corp., $9.19; Walbruch Garage, $12.00; Marchant Calculators, Inc.,'$35.00; Miller Davis Company, $3.74; Burroughs Corp., $58.27; International Bbusiness Machines, $74.67; John Be Carney, $21,25; The American City Magazine, $2.50; C. A. Cottingham, $79.60; N. W. Bell Tylephone Co., $16,70; Cooperative Oil Co., e $47,50; Pirates Den Kennels,,$54.00. From the Sewer Fund:, The Hallemite Mfg. Co., $28.00; S. M. Supply Co.,•$10.66; From the Fire Protection Fund: C. F. Massey Company,�$32.28; TheSeagravelCorporation, $27.65; N. W. Bell Telephone Co.,.$128.35; Cooperative Oil Co., $3.30; Skelly Oil Company,$12.15; Motor Cargo., Inc. $71j35; Gopher Welding Supply, $9.10; Quality Printing Coe,.$67.25. 1 From the Street & Alley Fund: Gopher Welding Supply Co.,..$21.05. From the Police Protection Fund: Quality Printing Co., $89,55; Olmsted Community Hospital, $5.00; T. 0, Wellner, M. D. $150.00;.Elliott & Hanson, $25,94; R. Be Hoel, $11.92; Clements Chevrolet Co.,, $168.85; Reuben Rieck, $55,00; Lee Graham, $25,75; Arnold Co Anderson, $24.60;•Carl J. Briese, $24:75; Universal Motors, Inc., $97.19. From the Parking -Meter Fund: Universal•Motors, Inc., $15.95. From the Park Improvement Fund: City of Rochester,,Pi U., $24.49. From the Lighting Fund: City of Rochester, P. U., $71.90. < <- A resolution amending -the comprehensive resolution establishing parking and parking meter regulations and provisions pursuant to Ordinance:No. 871, by adding thereto subsection ad as follows, was read: TRUCK LOADING ZONES ` ad. On the south side of Third Street Southwest, the first twenty feet, more or less, immediately East of First Avenue Southwest. Upon motion by Tingley, second by Haas and all voting in favor thereof, the resolution was adopted. Resolution instituting condemnation proceedings for -the acquisition of certain land to widen Second Avenue Southeast (appointing,Theo: Franke, Louis Fahrman and M: F. Little as appraisors). Upon motion by Haas, second by McGuckin, and upon roll call and -all voting in favor thereof, President Kamm declared the resolution duly passed and adopted. • Resolution instituting condemnation proceedings to acquire certain lands and interests in land for the construction of a primary street from llth�Avenue Northwest to the -interchange of Highways 14 and 52 and for the construction of certain connecting streets (appointing Hubert Harvey, 1 • 1 1 IJ 1 etc • i 1 1 • 1 Record of Official Proceedings of the ' Common Council 2 7 , of the City of Rochester, Minn., March 2, 1959, DSWALD PU6LIBMIND CD., NEW ULM, MINN. 9181 Andrew Koehnen and A.A. Kennedy as appraisors).. Upon motion by Tingley, second-by.Wilkus, and upon roll call and all voting in favor thereof, President Kamm declared the resolution duly, passed and adopted., - . - An Ordinance amending an ordinance entitled, "An Ordinance establishing charges And rates :for the use and service of the Sewage Works for the City of Rochester-, Minnesota", was given its second reading. Upow motion by Wilkus, second.by Hanlon, and upon'roll call and all voting in favor thereof, the rules were suspended and the ordinance was given its third and final reading. A motion was then made by Haas that the said ordinance be adopted as read. Hanlon seconded the motion and all voting in favor thereof, President Kamm decalred the said ordinance duly passed and adopted. A letter.from the A. F. of L. Central Labor Union requesting that the Council hold up any further action on the ordinance changing the sewer rates until the method of raising the payment on the minimum rate could be explained. C. A. Armstrong, City Engineer, was requested to write -and explain this to them. An Ordinance amending an Ordinance entitled "An Ordinance for the purpose of promoting health, safety, order, convenience and general welfare by regulating the use of land, the location, size, use and height of buildings and the arrangement- of buildings on lots, and thel density of population within the City of Rochester, Minnesota, all in accordance with a comprehensive plan (changing the property owned by F. 0. Fitting and Sam McConnell located between 9th Avenue N. E. and llth Avenue N. E. and south of the railroad tracks to Industrial zone), was given its second reading. A motion was made by Tingley that the reules be suspended and the ordinance be given its third and final reading. His motion was lost for want of a second-, An Ordinance amending an ordinance entitled, "An Ordinance for the purpose of promoting health, safety, order, convenience and general welfare by reguating the use of -land, the location, size, use and height of buildings and the arrangement of buildings on lots, and the density of population within the City of Rochester, Minnesota,"all in accordance with a comprehensive plan (changing west 38 ft. of Lots 6, 7 and 10 and part of Lot 99 Block 36, Morse & Sergeant's Addition to commercial zone), was given its second reading. " An Ordinance annexing to the City of Rochester, Minnesota, a part of the Northeast One -Quarter of Section Thirty -Four, Township One Hundred Seven North Range Fourteen West, in - Olmsted County, Minnesota (Highway -Addition) was given its third and final reading.. upon motion by Tingley, second -by Wilkus,'this ordinance was tabled until certain conditions are met with. All voted in.favor thereof. An Ordinance annexing to the City of Rochester,*Minnesota a part of the north one-half of the Northwest One Quarter of Section Twenty -Two, Township.Bne.Hundred Seven North, Range Fourteen West, in Olmsted County, Minnesota (Rolling Greens 2nd-Addition), was given its third and final reading. R. V. Ehrick, City Attorney, told the Council that at their last meet 0 28 Record of Official- Proceedings of the, Common Council of the City of Rochester, Minn., March- 2, 1959 • the Council discussed the purchasing of a 100 ft..strip of land, described as Outlot 1, in this plat. At this time an option was being considered, it was not brought to the attention of the Council that the construction of the street in this area lies one-half on this property that we were going to get an option on and he did not think that -the City could construct a street on property that they only have an.option on and thought the Council.should reconsider this matter. A motion was then made by Tingley that the action taken by the Council on -February 16, 1959 that an option be taken to purchase this property be rescinded. McGuckin seconded the motion and all voted in favor thereof. A.motion was then made by Tingley that this property be purchased from The Kruse • Company immediately (for the sum of $6,356.00). McGuckin seconded the motion -and all voted in favor thereof. A motion was then made by Tingley that the Ordinance (annexing Rolling Greens 2nd Addition) be.adopted as read. McGuckin seconded the motion and.all voting in.favor thereof, President Kamm declared the said ordinance duLy passed and.adopted. An ordinance granting to Rocabco, Inc., a Minnesota Corporation doing business as Vet's Blue and White Cabs, a franchise to operate taxicabs on the streets of the City of Rochester; providing rules, regulations and conditions for the conduct of said taxicab business; providing for the,licensing of taxicabs; providing rates of fare;.and providing penalties for .the violation thereof (changing rates of fare), was given its third and final reading. A motion was made by Hanlon, that the said ordinance be adopted.as read. McGuckin seconded the motion and all voting in favor thereof., President Kamm declared, the said ordinance duly passed and adopted. An Ordinance amending an ordinance entitled, PLAn Ordinance granting to the Rochester Yellow Cab Corporation a franchise to operate taxicabs on the streets of the City of Rochester; providing rules, regulations and conditions for the conduct of said taxicab.fusiness; providing for•the licensing of taxicabs;.providing rates of fare; and providing penalties for the violation thereof ,(changing rates of fare), was given its third and final reading. A motion was made by Hanlon that,the said ordinance be adopted as read. McGuckin • seconded the motion and upon roll call and all voting in favor thereof, President Kamm declared the said ordinance duly passed and adopted. An Ordinance annexing to the City of Rochester, Minnesota, parts of the Northeast One -Quarter and Southeast One -Quarter all in .Section Thirty Two, Township One Hundred Seven North, Range Fourteen,West, Olmsted County, Minnesota (East 750 feet of Rabehl Farm), was given its third and. final reading. A motion was made by Hanlon that the said ordinance be -adopted as read... McGuckin seconded the motion and all voting in favor thereof, President Kamm declared the said ordinance duly passed and adopted. An Ordinance amending an ordinance entitled !.'An Ordinance for the purpose -of promoting health, safety, order, convenience and general welfare by regulating the use of land, the location, size, use and height of buildings and the arrangement of buildings on lots, and • 1 wma 1 0 1 Record of Official Proceedings of the Common Council 2.91 of the City of Rochester, Minn., March 2, 1959 l7SWALD PUBLISNINO CO.. NEW ULM, MINN. 9181 the density of population within the City of Rochester, Minnesota, all in accordance with a comprehensive plan (changing Lots 1, 2 and 3, Blockl and Lots 1, 2, and 3, Block 2, Belt -Line Subdivision to commercial zone) was given its third and final reading. A motion was made by Haas that the said ordinance be -adopted as read. Tingley seconded the motion and upon roll call and all voting in favor thereof, except Hanlon who voted "no", President Kamm declared the ordinance duly passed and adopted. The Mayor's veto of.an Ordinance designating certain streets in the City of Rochester to be usec by truck traffic; providing for enforcement; and prescribing penalties for the violation of its provisions was again read. Mr. Cribbs, Engineer at St. Mary's Hospital, was again protestAng a truck route past St. Marys. After hearing those present, President Kamm called for a vote on the -question that the ordinance be adopted as read. Upon roll call and Haas, Tingley and Wilkus•voting "aye" -and Hanlon, McGuckin, Morris and Kamm voting "no", President Kamm declared the ordinance not adopted. Mr..Stan Drips of the Mayor's Parking and Traffic Committee was present and said that that Committee recommended that 2nd Street S. W. from Broadway to its,junction with U. S. and State Trunk Highway No. 52; and llth Avenue S. W. and N..W. from 2nd Street S.. W. to 7th Street N.W. be eliminated from -the streets designated as truck routes. A motion was then made, by Haas that the -City Attorney be instructed to draft a new ordinance designating certain streets in the City of Rochester to be used by truck traffic and the two above mentioned streets be deleted therefrom. Hanlon seconded the motion and upon roll call and all voting in favor thereof, except Tingley and Wilkus who voted "no", President Kamm declared the motion carried. - Dr. Bruce Douglass, President of the Music Board, was present and told the Council that they would 18ke to have the Council accept the bid of John Weis & Sons for both phases of work on the concert shell, the amount of the bid on both phases was $8,626.00;' they only had $5,000.00 in their Band Fund but he felt sure they would be able to raise the other $3,626.00 from other sources. A motion was made by Haas that the Council give the Music Board authority to go along with the project, with the understanding that they attempt to raise the additional money. Wilkus seconded the motion and all voted in -favor thereof./ z' A resolution accepting the bid of John Weis & Son for improvements to the concert shell at Mayo Park was read. A motion was -made by Hanlon that the resolution be adopted. McGuckin seconded the motion and upon roll call all voted in favor thereof. Alderman Tingley was excused at 9:30 P. M. An ordinance designating certain streets in the City of Rochester to`be used by truck traffic; providing for enforcement; and prescribing the penalties for the violation of its provisions, was given its first reading. A motion was made by Haas, second by Hanlon, that the rules be suspended••'and the ordinance be given itssecond reading. Upon roll call and Morris voting "no" the motion was declared lost. 1 0 30 Record of Official Proceedings of the Common Council of the City of Rochester, Minn.; March 2, 1959 DBWALD PUBL18HING Co. N6W ULM. MINN. 9181 A motion was then made by Wilkus that the City Attorney be instructed to draft an. ordinance setting up a separate legal Recreation Board comprised of seven official members, with_. the added thought that we have one ex-officio from the Council, one ex-officio member from the School Board and one ex-officio member from the Park Board; the seven members being comprised of one from each of the new proposed ward boundaries and one at large; all members to be appointed by the Mayor, subject to the approval of the Common Council; the present Board to serve until January 1, 1960; and the new board to elect their own officers. Wilkus seconded the motion and all voted in favor thereof. Upon motion by Wilkus, second by Morris, the meeting was adjourned until 3:00 o'clock P. M. on March 11, 1959. , 3�/6/s9 A letter signed by Marvin W. Price, City Assessor, in reply to a•letter from Harlith W. Swanson, P. 0. address M. R. 70, Route #1, complaining about his taxes was read. The letter from Mr: Swanson had been referred to Mr. Price at the meeting held February 16,1959. Mr. Price explained how the -taxes were arrived at and stated he did not feel this assessment was an overvaluation and therefore felt it was just and equitable. The City Clerk was instructed to send a copy of this letter to Mr. Swanson. • I', 1 0 0 0