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HomeMy WebLinkAbout03-04-1957412 Record of Official Proceedings of the Common -Council of the City of Rochester, Minn., March 4, 19 57 Minutes of a regular meeting of. the Common Council of the City of 'Rochester, Minnesota, held in the Council Chambers in the 8ity Hall, in said City, on March 4, 19 57 - President Bach called the meeting to order at 2%00 p. m., the following members being presents President Bach, Aldermen Anderson, Moody, Schroeder, Schwanke, Tingley, Whiting, Absents None. Upon motion by Moody, second by Tingley, the minutes of the meetings of February 18th and 25th, 1957 were approved. President Bach stated this as being the time and place set for receiving and opening the following bids: Bids for furnishing one 5 to$ ton roller for use in the City Engineer's Department. The following bids were received and opened and upon motion by Schroe- ider, second by Moody, the same were referred to the Street & Alley Committee and the City Engineer for tabulation and report: Road Machinery & Supplies Co. of Mpls. Inc-, $5, 000, 00; Wm, H. Ziegler Co., Inc., $6, 200.00; Borchert Ingersoll, Inc. $5, 740.00; Mork Witthauer Equipment Company, $4,900.00; Ruffridge Johnson Equipment Co,, Inc., $5,605.00 and Phillippi Equipment Company, $5, 230.00. Bids for furnishing one street sweeper -for use in the City Engineer's Department. The following bids were received and opened -and upon motion by Schros- der, second by Moody, the same were referred to the Street & Alley Committee and the City Engineer for tabulation and report: Net Bid Net Bid Model 40 Model 60 Road Machinery & Supplies Co. of Mpls. Inc. $9, 50tt0. oo $11, gSoBB. o0 Phillipi Equipment Company Modelil-450 Moaelil- 550 $9, 46o. oo $10, 300.00 Olson Equipment Company - 1MS Mobil Sweeper - $9, 450.00 Public Works Equipment Co.- 1 Elgin Sweeper - $11,770.00. Bids for furnishing one 3/4 ton wrecker truck witih wench for use in the City Engineer's Department. The following bids were received and opened and upon motion by Schroeder, second by Anderson, the same were referred to the Street & Alley Committee and the City Engineer for tabulation and report: Universal Motors, Inc. $2,149.93; Allen Truck & Implement, $2,499.99; Truck Service Company, $2,501.00 Clements Chevrolet Company, $2,490.00. Bids for furnishing two 222, ton dump trucks with one-way snow plows for se in the City Engineer's Department. The following bids were received and opened and upon motion by Schroeder, second by Tingley, the same were referred to the Street & Alley Committee and City Engineer for tabulation and report: 'Universal Motors, Inc., $9, 324- 59; Truck Service Company, 0, 806.98; AceTruck and Equipment Co., $11,597.00; Allen Truck & Implement, $9,989.90; Clements Chevrolet Company, ith jarp plow, $9,308.00 and with Ross plow, $9,930.00. Representatives from each of the companies bidding on the 5 to 8 ton oiler and the street sweeper were given an opportunity to be heard by the Council 1 1 • 1 • 1 t this time. 11 0 Record of Official Proceedings of the Common Council L� 3 • of the City of Rochester, Minn., March 4,_9 57 1 FJ •1 1 1 Mr. E. .A.- Rundell was again present in regard to the plat of Bumpus Addition. The recommendation of the Planning and,Zoning Commission that the plat of Bumpus Addition be disapproved on the basis of the letter to the said commissio from the Planning Director, dated February 19, 1957, was read, the recommendation of the Planning Director being that in veiw of the number of violations of Ordinance No. 704 existing on this platting, that the Planning and Zoning Comm - fission diaapprove this plat as presented. The recommendation of the Survey Committee, signed by Alderman Schwanke and Tingley, that the fiaal.plat of Bumpus Addition be disapproved because this plat violates Ordinance No. 704 was also read The following report of the City Engineer was also read: "Mayor & Common S ouncil City of Rochester, Minnesota Report on Proposed Plat of Bumpus Addition Gentlemen: The review of the above plat reveals the following -exceptions from the requirements of Ordinance #704: Sec. 2 - The s ingle street is 501 wide. Sec. 3 - Lot 1, a corner lot, is 55.6 ! wide Lot 3 shows a frontage of 201 but -widens to approxi- mately 105 feet -in the south a/ - • . Sec. 4 - Street grades appear_ acceptable, although no street profiles, contour Map; -o-r' information' was submitted. Sec. 5 - The lots can be served by extension of sanitary sewer from loth- St. •SW thru Lot 22 Belmont Slopes Addition. No easement here is indicated on the proposed plat, but Mr. Rundell has. acquired an easement, which if dedicated to the public would suffice. Sec. 6 --The proposed alignment of Sth St. SW cannot be con- sidered to conform to the existing 8th St. east of loth Ave. Recommendation: It is !not possible for this department to recommend a plat which con- tains so many exceptions to the ordinance. You may consider, however, before rejecting this plat that because of its location and limited size, it is impossible to subdivide this area into lots and comply with all the requirements of the ordinance. . With the exception of the location of Sth St. at loth Avenue, -I feel that -this is the best possible platting arrange- ment. It would undoubtedly make a very desirable residential area once it isdeveloped, provided the developers and owners are willing to accept the extraordinary.initial construction costs, and daily problems of the poor access at 10th.Ave6 and dead-$nd at west end of Sth St. Respectfully, s C. A. Armstrong City Engineer" A resolution was then introduced approving the plat of Bumpus,Additlon. A motion was made by Alderman Whiting that the resolution be adopted as read. Alderman Schroeder seconded the motion and upon roll call and Aldermen Anderson, Schroeder, Whiting and President Bach voting in favor of the motion and Aldermen Moody, Schwanke and Tingley, voting f+nos, President Bach declared the resolution adopted. An Ordinance annexing to the City of Rochester, Minnesota, a part of the Northeast quarter of Section Three, Township One Hundred Six North,•Range Fourteen West in Olmsted County, Minnesota, to be known and designated as Bumpus Addition, was given its first reading. A motion was made by Alderman Whiting, second by Alderman Anderson, -that the rules be suspended and the ordinance be given its second reading. upon roll call and Alderman Moody voting "no". the rules were not suspended and the ordinance J was not given its second reading. 0 414 Record of Official Proceedings of the Common Council of the City of.Rochester, Minn., March 4, 19 57 • An Ordinance amending an ordinance entitled, "An Ordinance for the pur- 1 pose 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 the density of population within the City of Rochester, Minnesota, all in accordance with a comprehensive plan (chanj;ing Lot 5, Block 3, Gonderman & Thiel's Subdivision from a residential to• a commercial zone) was given its second reading. Mr. E. A. Rundell also inquired if anything further had been done on the plat of Graham's Second -Addition (west of II. S. 63). The recommendation of the Planning and Zoning Commission that the -Common Council grant preliminary approval to this plat, subject to the conditions listed below as set forth by the Planning JDirector's letter dated March 1, 1957 was read together with the sAid letter of the Planning Director. The recommendations of the Planning Director being as follows: 1. The total area be considered for annexation. 2. The School Board is asking 5% of all, lands being annexted to the City. - 3. The R.O.W. on 16th St. S.W. from V.S. 63 to 3rd Ave. S.W. be dedicated as 66 feet north of the center section line. Thirty three feet are already existing south of the center section line. 4. Suggest the south 3, lots of the north 6 lots along TJ. S. 63 be extended to the highway R.O.W. D. Suggest no direct access to U. S. 63 should be permitted. Eliminate traffic congestion. 6.. Suggest. no direct access to 16th St. S.W. smuld be permitted. Eliminate traffic congestion. 7. An accurate definition of area to be annexed should be prepared. g. Recommend preliminary approval subject to the above mentioned conditions. The recommendation of the Survey Committee that the proposed plat of Graham's Second Addition be granted preliminary approval, subject to the conditions as set forth by the Planning Director, was also read. A motion was then made.by Alderman Whiting that the plat of Graham's Second Addition be given preliminary approval, subject to conditions as outlined by the Planning Director, Alderman Moody seconded the motion and all voted in favor thereof. The recommendation of the Planning and Zoning Commission that the pro- posed plat of Thomas' Addition be granted preliminary approval, subject to the conditions as set forth in a letter from the Planning Director and the requests of the School Board and the Park Board for public use lands was read. A letter from the Planning Director listing the following recommendations was then reikd: 1. The plat must confrom to the planning of the Minnesota State Highway Department needs for Right-of-way. 2. Land must be dedicated for Elton Hills Drive as shown on preliminary plan of Thomas Addition, dated Bebruary 25. 1957• 3.. Suggest that the Building Inspector consider a uniform building setback line for homes to be constructed in this area. u. Site provisions be made for future Fire Station No. 4 on Elton Hills Drive and near the proposed Highway interchange. 5. The School Board is requesting 5% of the land for future school sites. The location of the land to be determined by the School Board.. The Park Board is requesting 10% of the land for park purposes. 6. Recommend annexation of the entire Thomas property, unless good cause can be shown to the contrary. Lot 14, Block 2 should be in the part that Mr. Thomas desires to annex. ' 7. Recommend the area be given preliminary approval subject to the conditions as listed above. 1 1 1 11 1 1 C� i Record •of Official Proceedings of the Common Council 415 • of the City of Rochester, Minn., March 4, 19 57 1 Ll CJ F 0 1 1 0 The recommendation of the Survey Committee that the proposed plat of Thomas Addition be.granted preliminary approval, subject to the conditions as set forth by the Plannihk Commission, providing the entire area is annexed, was also read. A motion was then made by Alderman Schwanke that the recommendations of.the Planning & Zoning Commission and the Survey Committee be approved.. Alderman Tingley seconded the motion and all voted in favor thereof. Alderman'Whiting then moved that preliminary approval be given to the ..plat of the Thomas Addition, subject to conditions set forth by the Planning Director to the Planning Commission. Alderman Schroeder seconded the motion and all voted in favor thereof. - The recommendation of the Planning and Zoning Commission that the Council give preliminary approval to the preliminary plat of Leitzen's Third Addition subject to the conditions set forth in a letter from the Planning Director dated March lot, 1957 and subject to negotiations for lands for public use as requested In resolution to"the Council by the Park Board and School Board was read. The said letter from' the Planning Director making the following recommendations was also read: 1. An attempt should be made to see if Mrs. M. L. Mitchell will plat her property along with Mr. Leltzen, thereby cleaning up this area. 2. If recommendation No. 1 fails, a temporary Cul-de-sac should be provided at the west end of 13th Street N. E, The alighnment of 13th Street N. E: should conform to the plan dated August 25, 1955• 3. Recommend the plat be given preliminary approval subject to satisfactory negotiation of No..l and No. 2 above. The recommendation .of the survey committee that the proposed plat of Leitzen's 3rd Addition be granted preliminary approval, subject to the conditions as recomm- ended by the Planning Commission on March 1, 19 57 was read. A motion was then made by Alderman,Whittng that the plat of Leitzen's 3rd Addition be given prelim- inary approval subject to the requirements and re.commendav3 on $I of the Planning Director's letter. Alderman Schroeder seconded the motion and all voted in favor thereof. The following letter from Home Opportunities, Inc. was read: "To the,Honorable Mayor, and Common Council of the City of Rochester: We hereby request permission to have the council pass the plat known Sunset Terrace and accept its annexation into the City of Rochester. Although, at the present time, not all of the surveying work and staking is complete due to weather conditions, this letter, hove V is to assure you that all this. work will be started and completed before the plat is permanently recorded in the Register. of Deeds' Office. Our reason for requesting this favor is that the city surveying crew is available and can commence their work immediately. The granting of this request will be appreciated very much. HOME OPPORTUNITIES INC. By: Stanley C. Mohn, President Carlton Penz, Vice President". The recommendation of the Planning and Zoning Commission that after considering the r Record of Official Proceedings of the Common' Council 4__6 March 4 1957- of the City of Rochester, Minn., • 1 plat of Sunset Terrace Addition in regard to Ordinance. No. 70:4 and a letter from the City Planning Director, and the proposed land use situation in this area land recommending that the final plat be disapproved was read. A letter from the (Planning Director• giving the following recommendations ) was also read: 1. Suggest that Block 10 as shown be removed and that the block numbering be by actual blocks; so that future platting will not be confusing. 2. The name should be made Sunset Terrace lot Addition, if other areas are to be annexed under same general name.. 3. Although this plat will be revised to conform entirely to Ordinance No. 704, as your Planning Director, I feel that it is not the best interest of good city planning to permit this area to be developed entirely residential. •On this basis I recommend that this plat be disapproved. 4. Other planning conditions to be pointed out by Planning Director at the meeting of March lst. 1957• JAlso a letter from the City Engineer stating that the proposed plat -appeared to (comply with the requirements of Ordinance No. 704 in regard to street width, lot widths, street grades, service by extension of sanitary sewer system, and the alignment of streets but that the plat was not complete as to land surveying and dimensioning was also read. Mr. Stanley C. Mohn was -present and reviewed the 1plat to the Council. No action was taken until the plat would be revised. President Bach declared a recess at 5:30 P. M. President Bach called the meeting to order at 7:30-P. M., all members lbeing present. A letter from the Rochester Board of Realtas signed by Leon Shapiro as President, transmitting the following quoted resolution was read: "That the Rochester Board of Realtors inform the Mayor and the City Council that we feel there is sufficient number of adjacent properties to the corporate limits of Rochester willing and begging for annexation, that the law should not be circumvented thus allow- ing annexation by strips, corridors, or similar schemes as presented by several recent proposals°. _ Also a letter signed by Leon Shapiro stddug that the views expressed by the Board of Realtors which he has signed'as President did not necessarily constitute his own views in this matter was read. President Bach then called on anyone in the audience that wished to be heard on this matter. Herschel Hoaglan, President of the Home Builder's Association spoke in opposition mainly to annexation of land to the O;ity by the. corridor method. Mayor McQuillan then addressed the Council and audience asking what the law requires to have land annexed to the City and whether or not the Home Builders felt the Council had not been following legal procedures. He further questioned the Home Builders Association if they felt local builders should have a monopoly on home building; were they opposed to further annexations; would they rather have developments outside the City limits; were they able to produce homes at prices which middle and low-income families could afford to buy; and whether they felt the city should discriminate. He stated there was a need for low-priced housing and that I.B.M. had indicated - that, --they would need approximately 600 homes a year for the next few years. Mr. 1 1 • I n U 1 1 0 Record of Official Proceedings of the Common Council 417 • of the City of Rochester, Minn., March 4, 19 57 0 LJ 1 171 • 1 1 Herschel Hoaglen -stated he felt if cheap houses were what was wanted the local home builders could furnish them. Fred Sauer, a contractor, stated that he had been building lower -priced homes and would continue to do so. Haven -Hodge state he felt the builders were mostly opposed to.the corridor annexation and that by this method felt the city might have a number of farms at quite a distance withi the City limits. Raymond Karvel, Wayne Dornack, Larry McCaleb and Mrs. Ray Krofchalk also each spoke. Alderman Moody stated that he felt this matter ghoul be studied very, carefully particularily as to financing utilities for some of these projects.After discussing the matter at great length, President Bach stated he felt everyone had been heard and therefore declared the hearing closed. A petition to have the following described lands annexed to the City of Rochester was then read: 1 - The abandoned right-of-way of the Chicago and Northwestern Railway Company'lying westerly of Val-leyhigh Addition; 2 - The right-ofmway of the Chicago Great Western Railway Company adjacent to the abandoned Chicago and Northwestern right-of-way; -3 - Certain land owned by Industrial Opportunities, Inc., lying westerly of the -Chicago Great Western right-of-way; 4 - Certain land owned by the Graham Estate also known as the "Christopher Graham Trusts, lying westerly of the Industrial Opportunity, Inc. property; 5 - That portion of the Mainline right-of-way of the Chicago and Northwestern Railway Company running through the Graham Estate property -mentioned above; I 6. - That property known as the "Judd Farm" lying -westerly of the Graham Estate propr ty. Representativesf rom Johnson; Drake & Piper were present and presented a property map of the area,to be annexed. -A motion was made by Alderman Whiting second by - Anderson that the- petition for annexation be referred to the City Engineer and City -Attorney for exploration and analyzation. All voted in favor of the motion. Alderman Schroeder was excused at 101.00 o'clock P. X. Mr. George Kerr, Attorney representing the owners of Lot 1, 2 & 3 of Block 25, Northern Addition was present and requested that the Council consider the Ordinance at this meeting changing this property from a residential zone to a commercial zone. An Ordinance amending and Ordinance entitled "An Ordinance for the purpose of promoting health, safety, order, convenience and general welfare bV regulating 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 Cit of Rochester, Minnesota, all in accordance with a comprehensive plan" (changing Lots 1, 2 & 3, Block 25 Northern Addition from a residential to a commercial zone) was given its first reading. Upon motion by Anderson, second by Whiting, and upon roll call and all voting in favor thereof the rules were suspended and the ordinance was given its 2nd reading. Upon motion by Whiting, second by Anderson and upon roll call and all voting in favor thereof, the rules were suspended and -the ordinance was given its third and final!:reading. • NJ r Record of Official Proceedings of the Common Council of the City of Rochester, Minn., March 4, 19 -97 • A motion was then made by Alderman Tingley -that the said ordinance be adopted as read. Alderman Schwanke seconded the' motion and upon roll call and all voting in favor thereof except Alderman Schwanke:­, who voted "no", President Bach declared the ordinance duly passed and adopted. A letter from August H. Andresen, Member of Congress of the United States stating that the storm detection radar equipment to be installed'in Rochester would not get under way -under way until sumetime this fall and ma:�.be not until spring was read. President Bach ordered same placed on file. A letter from Judge Irving L. Tckholdt accepting the resignation of Cleo Paulli,n as Clerk of Municipal Court and appointing Jean Waskewicz as Clerk, Maxine Duell as Deputy Clerk and Dorothea Bailey as 2nd deputy clerk and stating that he was unable to make a suitable appointment at the base rate of $215000 per month and was therefore paying her $225.00 per month. Upon motion by Whiting, second by Moody, the same was referred to the Finance Committee. All voted in favor thereof except Alderman Tingley who voted "no"* A letter from the Board of Public Health and Welfare requesting the approval of the employment of Miss Florence Hurst as nutritionist in the health department, effective April 1, 1957 at the salary of $5,340,00 per year or $445.00 per month was read. Upon motion by Whiting, second by Schwanke and all voting in favor thereof the appointment was approved. A letter from the Board of Public Health and Welfare requesting the approval of the employment of Dr. Paul P. Wilson as psychiatrist -director of the Counseling Clinic.in the health department effective July 1, 1957 at $10,000.00 per year was read. Upon motion by Schwanke, second by Whiting and all voting in favor thereof the appointment was approved. A letter signed by Raymond H. Karvel and Norman J. Kuyath stating that they had been paying commercial rates for electric bills and did not feel that they should do so were each read. Upon motion by Schwanke, second by Whiting and all voting in favor thereof, they were referred to the Public Utility Board. A letter from the.Board of'Park Commissioners calling to the attention of the•Council the new ruling of the Minnesota Industrial Commission of Minnesota In regard to minimum wage scale for this state starting February 17th, 1957 the new minimum scale will be 850 per hour instead of 750. President Bach ordered same placed on f ile, A notice from the Railroad and Warehouse Commission in the matter of the pplication of Jefferson Transportation Company for an increase in'fare and noti— ying that a continued hearing will be held on Tuesday,, April 9th, 1957 in the State Office Building in St. Paul was read and the same was ordered placed on file. Order No. 26461 from the Commissioner of Highways that the route desig— ated as a detour for Trunk Highway No. 63 in the City of Rochester, County of L 1 Cl 1 11 1 1 (Olmsted, by Order No. 25842, was realeased October 24, 1956, and therefore said 0 Record of Official Proceedings of the Common Council 419 • of the City of Rochester, Minn., March 4, 1957 1 1 0 • 1 1 route will revert to its original status. The same was ordered placed on file. A letter from Tom 0. Moore, Planning Director requesting permission to attend the Public Works Institute to be held ,at the University of Minnesota on March 27, 28 & 29 was read. Upon motion by Moody, second by Whiting the request was granted. The following letter from C. A. Armstrong,,City Engineer, was -reads "Mayor & Common Council City of Rochester Stave Project 508-12 TH 52 and TH 1� Interchange Gentlemen.;; At the Council Meeting of Feb. 8, a motion was passed and transmitted to the Highway Dept, requesting that the Department construct a complete interchange at the proposed junction of Trunk Highways 14 and 52 west of the City. The .principal need for a complete interchange is to permit eastbound traffic to continue eastward beyond T.H. 52, and permit traffic westbound from llth Ave. H.W. to enter or cross T.H. 52. Anything less than a complete interchange (or so-called 4 lobe cloverleaf) will not permit traffic to; continue eastward from the junction or enter the junction from the east I have been advised that the Department appreciates the need for a complete interchange here, but does not feel that it can justify the con- siderable expenditures required for the necessary structures unless the community takes definite steps to establish and construct a street or road extending eastward from this interchange to llth Ave. N. W. If this is not done the Department will most certainly construct a simple two -lobe inter- change immediately adjacent to the railroad tracks which would never permit traffic to cross 52 and continue east, cross 52 from east to west, or even enter onto 52 from the east. As you;'know, there is no street laid out at this time across this area because lt'is outside the City limits and is unimproved. But it behooves the Council to take whatever action is. necessary to establish a street here and press for the construction of an interchange which will permit unobstructed ingress,.egress, and interchange of the traffic from all four directions at this junction. It has,been the primary recommendation in every traffic study made by Rochester 'since 1946 that an adequate street facility be constructed from this area .eastward into downtown Rochester. The proposed relocation of T.H. #14, the expected expansion of both residential and industrial areas west' and northwest of Rochester will precipitate an unbelievable east -west traffic movement that cannot be handled by 2nd St. S.W. 7th St. N. Wi, nor by any nor all of the existing residential -type east -west streets lying between these two.. I cannot over emphasize the urgent need to take whatever emergency .or drastic measures that may be necessary to assure the construction now of a complete interchange at the junction of T.H. 52 and 14 which will make possible the future construction of a primary street eastward from this point. The first and essential step is to advise the highway department of,the Citys intention,, and immediately start proceedings to secure and establish the right -of- way, The accompanying map shows the approximate location of the recommended route which should be a minimum 4 lane primary street. Respectfully, s/ 'C. A. ARMSTRONG City Engineer". C. A. Armstrong, City Engineer, stated that the State. needed some action by the City so as to have an understanding that the City would proceed eventually becaus if the State would construct a full interchange there would be no future link wits llth Avenue which would be blocked. Alderman Moody stated he was.in favor of having the route to llth Avenue but nothing East of llth Avenue. After further discussion Alderman Schwanke moved that the Common Council go on official record as approving the proposed future construction of a street from the new junction 0 r4 22 ® Record of Official Proceedings of the Common Council of the City of Rochester, Minn., March 4. 19 57 • of Trunk Highway #14 & 52 to llth Avenge .Horthwest. He further moved that the City Engineer is -instructed to advise the department of highways that the City will make every reasonable effort to further the construction of such a road and to request the department of highways to give favorable consideration to the construction of a 4-lobe interchange to accolnodate the,proposed road. • Alderman Tingley seconded the motion and all voted in favor thereof. The report of the^ City Weighmaster for the month of February, 1957 showing fees collected for loads weighed in the amount of $80.50 was read and President Bach ordered the same placed on file. The report of the Clerk of Municipal Court for'the week ending February 218t, 1957 showing total criminal fines and collections of costs ih the amount of $1,165.00 and civil fees received $5.35 was• read and having been approved by the City Attorney, President Bach ordered same placed on file. , The application of Julian B. Renaux for a Master Plumber's License was read and upon motion by Schwanke, second by Moody the same was approved subject to the approval -of the -Plumbing Inspector. The license bond of Julian Be Renaux in the amount of $1,000,00 with the Traveler's Indemnity Company as surety was read. Upon motion by Moody, second by Anderson the bond was approved and the surety thereon accepted and the same was ordered placed on file. the applications of Ralph A. Graen, Leo A. Huey, Andrew C.. Chafoulias, Michael J. Kitzman, Chris Margellos, Norman Wyatt & Edward 0. Livingston, Roy Bennett, Rosa Mayhood & A rthur Glasenapp, Sam Golob, Joe Daly Sr. & Joseph R; Daly and Donald W. McConnell for "Off Sale" Intoxicating Liquor Licenses were each read. VpoA motion by Moody, second by Anderson, the licenses were granted subject to the approval of the State Liquor Control Commissioner. The surety bonds of Ralph A. Graen, Joe Daly, Sr. & Joseph R. Daly, Sam Golob, Andrew C. Chafoulias, Chris Margellos and Edward C. Livingston & Norman Wyatt in the amount of $1,000.00 with the Western Surety Company as surety; and Michael J. Kitzman and Donald W. McConnell in the amount of $1,000.00 with the Saint Paul Fire & Marine Insurance Company as surety; Huey's Drive In Liquor Store, Inc. in the amount of $1,000.00 with the Hartford Accident & Indemnity Company as surety and Roy G. Bennett, Ross Mayhood and Arthur Glasenapp in the amount of $1,000.00 with the Indemnity Insurance Co; of America as surety, were each read. Upon motion by Moody, second by Whiting, the bonds were approved, the surety thereon accepted and the same were ordered placed on file. The following resolution adopted by the Sinking Fund Commission was read; 1 1 1 • 1 11 Record of Official Proceedings of the Common Council 421 • of the City of Rochester, Minn., March 4, 19 57 1 C 0 I- 0 I 1 "WHEREAS, it is necessary that additional funds, approximately $130,000,00, be made available for meeting payments f-or construction of bridges, and WHEREAS, there are now invested within the Sinking Fund of the City of Rochester investments totaling $211,000.00 for the credit of the Bridge Fund. SO THEREFORE, be it resolved by the Commissioners of the S-inking Fund of the City of R•oche,ster, Minnesota: That certain of the investments be sold at the market value of the same (approximately $110,000.00). Be it further resolved: That the proceeds from the sale of the said bonds, together with the amount of $6, 000.00 (U.S. Treasury Notes!, 12105 and 20964 maturing March 15, 1957) and $14,293.13 uninveste in the Bridge Fund be transferred from the Sinking Fund t o ' t he Bridge Fund of the City of Rochester, Minnesota Passed and adopted by the Commissioners of the Sinking Fund of the City of Rochester, Minnesota, at a meeting thereof held this 5tb day of March,_ A.D. 1957," Upou_motion.by`iSchwanke, second by Tingley the action of the Sinking Fund Commission was�'approved. The following resolutions were each introduced and read and President Bach declared the same duly passed and adopted: Resolution graat.ing one public dance permit to Gene Thompson. Upon motion by Anderson, second by Moody, resolution adopted. Resolution authorizing the City Clerk to advertise for bids for furnish. ,ing the season18 supply of crushed rock, sand, gravel, pea gravel, ready -mixed concrete, road,oils, cutback asphalt, asphalt emulsion and plant mixed bituminou, mixture for the City 'Engineer's Department for the 1957'season. Upon motion by Moody, second by Schwanke, 'resolution adopted. Resolution authorizing Mayor' and City Clerk to`execute an agreement between the City of Rochester and 'Ellerbe and Company. Upon motion by Schwanke second by Tingl•ey,• re•sol-ution adopted. Resolution appropriating $197.09 from the General Fund, $1,869,70 from the Street & Ailey Fund, $42,70 from the Fire Protection Fund, $509*70 from the Sewer Fund, $1'9147.20 from the Bridge. Fund and 4121,30 f rom the Police Prot ect iol Fund and ordering payment- made to Street & Alley- Fund $3064.9'5; x. W. Bell Tele- phone Company,',$381.93 and International Salt Company, $431.00. Upon motion by Tingley, -second by Whiting, resolution adopted, Resolution appropriating $4,016,34 from the P. I. R. Fund and ordering `payment made to Carlisle G: Fraser, Upon motion by• Whiting, s3econd by Anderson, resolution adopted. Resolution appropriating $279.00 from ' the Sewer Fund and ordering payme made to Green Bay Foundry. Works. Upon motion by Anderson, second by Moody, resolution adopted. Resolution appropriating $7,529,69 from the Park Improvement Fund and ordering payment made to Mayo Civic Auditorium Revolving Fund. Upon motion by Moody, decond by Schwanke, resolution adopted. Resolution appropriating $209.57 from the General Fund, $I,190.73 from 0 2 Record of Official Proceedings of the Common Council March � 19 57 of the City of Rochester, Minn., • the Street & Alley Fund, $294.02 from the Fire Protection fund, $65.55 from the Sewer Fund, $948,26 from the Police Protection Fund and $4,4.E5 from the Parking Meter Fund and ordering payment made. to City of Rochester, General Fund. Upon motion by Schwanke, second by Tingley, resolution adopted. Resolution appropriating $3,440.46 from the General Fund and ordering payment made to David S. Kirk .$323.50;, Theodore F. Franke, $1,037.50; Andrew L. Koehnen, $l,o66o96 and Maitland F. Little, $1,012.50. Upon motion by Tingley, second by Whiting., resolution adopted. Resolution authorizing and instructing the Mayor and City Clerk to execute a contract between the City of Rochester and•Mark,Hurd Aerial Surveys, Inc. for the making of certain additional aerial maps. .Upon motion by Whiting second by Anderson, resolution adopted. The following claims were each read and upon motion by Moody, second by Tingley, the same were approved and the Mayor and City Clerk were authorized and directed to draw warrants upon the City Treasurer and make payment s, accord- inglys From the General Funds Witte Transportation Company, $2, 50; Railway Express Agency, $1.99; Foster Electric Company, $68.31; General Trading Company, $7.10; Ralph Ellingwood, $39.00; Osterud Agency, $69,91; Richard E. White, $60.00; Norbert A. Huiting, $90.00; Foster Electric Company, $2.30; Gladys A. Danford, $90,00; Rochester Transfer & Storage Company, $10.00; Peoples Natural Gas ,Co., $11.83; Park Department, $lT4.80; Marvin W. Price, $25.05; Tom Moore, Reg. of Deeds, $14,25; C. A. Cottingham, $34.24; C. A. Armstrong, $30.00; Trautner Sales Company, $4.35; Clutch & Transmission Service Inc., $17.34; H.. A. Rogers Company. $12,62; State of Minnesota Department of Highways, $186.30; Beckley Business Equipment Company, $24.00; Mason Publishing Company., $17.50; Clerk of Municipal Court, $90.28; Mrs. C. 0. Walker, $8.40; Paul Plantz, $37.50;. Charles, H. Dornack, $36.75; William L. Burrows, $37.00; Garnet Spring, $29.33; Rundell Lumber Company; $2.42; Higley Chemical Company, $57.00; Rochester Dry Cleaners, $16, 60; Hueyls Cigar Store, $2.26; Ole's Floor Mart, $3.35; H & H Electric Company, $3.67. From the Street & Alley Fund: Witte Transportation Company, $2, 50; General Trading Company, $52.86; The Sanitary Company, $8.39; Public Works Equip- ment Company, $96.95; Public Works Equipment Company, $67, 53; Clements Chevrolet Company, $5.67; J. I. Holcomb Mfg. Company, $39.85; The Pure Oil Company, $40.00; Alfred Larsen, $7. 50; Firestone Stores, Inc*, $96,91; National Bushing & Parts Company, $2.04; Chas. Boraholdt, $2.00; From the Fire Protection Bundy N. W. Bell Telephone Company, $11.90; National Bushing & Parts Company, $2.05; Kenneth Stoltenberg, $84.40; Frank W. Everett, $145.40; Robert F. Laack, $139,90; General Trading Company, $50.13; Rochester Mattress Company, $53,10; Johnson Service Company, $29.91; Reichert I- I • 11 • 1 1 0 Record of Official Proceedings of the Common Council 423 • of the City of Rochester, Minn., March 4, 1957 1 1 r 1 LJ 1 • 1 Refrigeration Company, $22.16; Rochester Soft Water .Service, $2, 50; Adair Elect Company, $16.75 Charles Bornholdt, $4.00; Ole 's Floor Mart, $4.10. From the P. I. R. Fund: Joseph F. A. Mackey, $4.75; George Lemke, $166. 45; From the Sewer Fund: Witte Transportation Company, $20- Railway Express Agency,;. $2.16; Foster Electric Company, $5.10; R. C. Drips Grocer Company $15.75; Ebbss Hobby Shop, $2.25; Arnoldls Supply, $19.20; Inertol Co., Inc., $100.95; Nietz Electric & Appliance Company, $8.50; Norman Chemical Company, $21.25; George . 0 Walker Company, $31.59; Walker Hardware $16962; Firestone Stores, Inc. From the Park Improvement Fund: City of Rochester, Minnesota, $I0.00. From the Lighting Fund: City of Rochester, Minnesota, $13.966 From the Police Protection Fund: H '& H Electric Company, $20.89; Alexander Auto Electric Company, $5.75; James J. Macken, Jr., $2.50; Reuben A. Rieck, $40.00; Carl J. Briese, $24.90; Harry S. Stai, $24.090; Weber & Judd C ompany, $24.41; Clements Chevrolet Company, $67. 50; D & J Cafe, $122. 80" From the Parking Meter Fund: H & H Electric Company, $69.11-and Firestone Storeys, $22.53• The recommendation of the Finance Committee that the City of Rochester do not employ a fiscal agent to handle the proposed ,$495,000.00 P.I..R. Bond issue now under consideration and that the Council proceed forthwith by considering advertising for the bond sale was read, Upon motion by Whiting, second by bloody, the recommendat',ion was approved. Alderman Schwanke introduced the following. resolution which was read: "WHEREAS* the City of Rochester has undertaken the construction of a new public airport in High. Forrest Township, Olmsted County, Minnesota, and WHEREAS, the City of Rochester and the County of Olmsted will benefit by -the immediate preparation and enactment of an airport zoning ordinance', applicable to the lands surrounding the new airport. NOW THEREFORE, be it resolved by the Common Council of the City of Rochester that the Board of County Commissioners of Olmsted -County, Minnesota',be, and they hereby are, requested.to join with the Common Council is the creation of a Joint Airport Zoning Board to adopt, administer and enforce airport zoning regulations in accordance with'® 360.061 through 360e0T4 of the Minnesota Statutes. Be it further resolved that if the- Board of County Commissioners of Olmsted County, Minnesota decide not to join with the City in the creation of said Board, that they be requested to _notify the City at their earliest convenience of such election. Be it further resolved that if the Board of County Commissioners elects to,join with.the City in the creation of said Board, that they are requested to designate which of their members are to meet with the Mayor of the City of Rochester' and the City and County Attorneys to draft the !necessary ordinance and resolution to create said Board. e A motion was made by Alderman Tingley that the above resolution be adopted as read Alderman Anderson seconded the motion and all voting in favor thereof, President Bach declared the said resolution duly passed and adopted. Alderman Anderson introduced the following resolution which was read: "WHEREAS, the Common Co-4ncil and the Mayor of the City of Rochester Minnesota have discussed and considered various methods and proposals for.' distributing And using the portion of the highway user tax distribution fund rI L 424 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., Mar ch 4. 19 56 • allocated to the municipal state -aid street fund by the recent amendment to Article RYI of the -Constitution of the State -of Minnesota, and WHEREAS, the Common Council has met:with and -had the -'benefit of the views of our local state legislators, Senator Walter Burdick and Representative Donald F. Franke, and WHEREAS, the Common Council is desirous of having its views on, this subject made known to the State Legislature. NOW THEREFORE, be it resolved by the Common Council of the City of Roches of Rochester that the f ol-lowing recommendations are -hereby made to the Legislature of the State of ,Minnesota relative to the qis tri- bution and,use of the -funds allocated to municipal state -aid street fund: (1) The Common Council recommends the adoption of a .two standard formula for allocating funds among the various cities, villages and boroughs -having a population of 5,000 •or more. In other words, a formula based on both miles of municipal state -aid streets in and population of such municipalities. (2) The Common Council strongly recommends and urges the Legislature to provide that the funds allocated to the municipal state -aid street system be distributed without any restrictions and -limitations whatsoever on the use of said funds except that they be used to establish, locate, construct, reconstruct, improve -and maintain streets within the established municipal state -aid street system; that local city, village and borough authorities be -given full discretio-n to determine on which streets within the municipal state -aid system the funds should be..used; and.,tha,*V f a .the cost odministering and distributing these funds be: kept a�i an. absolute minimum at the state level so that the cities,..-- vAllage.,s and boroughs entitled thereto will receive the- fullest possible benefit; 0) Although it is the opinion 'of the 'Common Council that all of the municipal state -aid street funds could properly be devoted to the improvement of the streets within the municipal- state -aid street sytem, it does not oppose any proposal to use a part of said f unds (as provided in Section S of the Amendment) on other public streets in the municipalities entitled to said funds. (4) The. Common Council strongly disapproves and opposes any proposal• -'giving the Commissioner of Highways.or any other state agency.the power to control, directly or indirectly, which streets within the municipalities concerned shall be improved with municipal state -aid street funds, (5) The Common Council strongly disapproves and opposes any proposal giving the Commissioner of Highways or any other state agency the power to withhold distribution of municipal state -aid street funds for any purpose or reason. The present laws governing the expenditure of public funds are sufficient to insure that municipal state -aid street funds will be used on the municipal state -aid system street." 1A motion was made by Alderman Tingley that the said resolution be adopted as read. Alderman Moody seconded the motion and all voting in favor thereof,. President - Bach declared the said resolution duly passed and adopted. The City Clerk was linstructed to mail copies to the Governor, Lieutenant Governor, Senator Burdick, Representative Franke, League of Minnesota Municipalities, and Cities of the tad (Class in Minnesota. An Ordinance establishing the position of Plumbing Inspector and pre- scribing his duties, providing for the licensing of Plumbers, providing for the issuance of permits for plumbing work and the fees for such permits, providing Ifor the approval and inspection of plumbing, establishing a plumbing code for the City of Rochester and providing for its enforcement, and providing penalties for the violation of the provisions of this ordinance, was given its second reading. An Ordinance amending an ordinance entitled, "An Ordinance establishing minimum standards for plats in the City of Rochester, Minnesota, and providing regulations for the submission of plats to the Common Council for approval (where- 1 1 • 1 • f 0.1 Record of Official Proceedings of the Common Council 425 of. the City of Rochester, Minn., March 4. 19 57 1 1 • 11 • 1 1 ever feasible, aireets shall be laid out on the.rectangular or so-called "grid" pattern and shall be aligned withstreets platted or planned in adjacent areas)was given its third and f inal reading. A motion was then made by Alderman Tingley, second by Alderman Schwanke, that the�''said ordinance be adopted as read, and upon roll call Aldermen Anderson, Moody, Schwanke and Tingley voting in favor thereof and Alderman'Whiting and President Bach voting "no", President Bach declared the said ordinance duly passed and adopted. An Ord3,nei regulating the presence of minors under the age of eighteen years on pub1:1 ,1 's;treets,-An d `alleys or in public places is the City of Rochester, Minnesota- l b,e;twe',en the hours of 10:30 p. m. and 5:00 a. m. ; defining duties of parents, guardians or others in care of minors; regulating the presence of minors in ,places of amusement, entertainment or refreshment; providing penalties for violation thereof and -repealing ordinances in conflict -therewith,, was given its first reading, Alderman Moody introduced and moved the adoption of a proposed resol- ution -entitled Resolution providing for special sale of $495,000,00 Improvement Bonds, Series A. Alderman Whiting seconded the motion and upon vote being taken thereon, the following voted in favor thereof: Anderson, Moody, Schwanke, Tingley Whiting, Bach and none voting against same, the said resolution was declared duly passed and adopted and was signed by the President of the Common Council, which was attested by lithe City Clerk. Ripon motion by Tingley, second by Schwanke, the meeting was adjourned - until Wednesday,,': 13, 1957 at 4:00 o'clock P. M. City Clerk 0