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HomeMy WebLinkAbout05-20-1957Record of Official Proceedings of the Common Council • of the City of Rochester, Minn., May 20, 19 57 533' 1 • • 1 Minutes of an adjourned regular meeting of the Common Council of the City of Rochester, Minnesota, held in the Council Chambers in said City., on May 20, . 19 57, President Bach called the meeting to order at.7:30 o'clock P. M., the following members being present: President Bach, Aldermen Haas, Morris, Schroeder, Tingley, Whiting. Absent: Alderman Moody. Upon motion by Morris, second by Haas, the minutes of the meetings of May 6th, May 10 t2 and May 13 th, .19 57 were approved. President Bach stated this as being the.time and place set for a hearing on construction of street grading, base and surfacing, sanitary sewer, storm sewer, and service connections in Sunset Terrace Addition and in 19th Avenue Northwest in Valleyhigh Addition north of loth Street Northwest. There was no one present wishing to be heard. President Bach stated this as being the time and place set for a hearing on construction of street grading, base and surfacing, sanitary'sewer, storm sewer, and serviceconnections in Rolling Greens Addition. There was no one present wishing to be heard. A letter from John A. Ulrich of 302 - 17th Avenue Northeast stating that he had a sidewalk constructed in front of his place in the fall of 1954 and that the sidewalk began to shell and break up immediately the next spring was read. He requested that the Council take some action in this case as long as they licensed the contractor, Mr. Mahoney. Upon motion by Morris, second by Schroeder, the same was referred to the Street & Alley Committee and the City Engineer for investigat- ion. A.letter signed by J. R. Robbins, Manager of Peoples Natural Gas Company, requesting the consideration of the Council in removing the parking meters located in front of their office at_ 113 Third Street Southwest and suggesting that a :parking condition similar to the condition on the south side of ,the City Hall, 1112 minute parking for gas cv.stomers only"., was read and upon motion by Morris, second by_ Haas, the same was referred to the Police Committee and the Chief of Police. The resignation of Ronald Collett as Assistant Custodian in the City Sall, effective 'June 1, 1957, was read and_upon motion by Morris, second by I Schroeder; his resignation was accepted. The application of Ernest Hagen for appointment as Assistant Custodian of the City Hall,, to fill the vacancy created by the resignation of Ronald Collett,) was read and upon; motion by Morris, second by Whiting, his appointment was approved A letter from the Firemen's Civil Service Commission certifying the name of Leslie P. Richardt for appointment as a city fireman was read and upon motion byl Maas, second by_ Morris, the appointment was approved. � i 0 534 Record of Official Proceedings of the Common Council 1957' , of the City of Rochester, Minn., May, 20, • A letter from the Rochester Chapter of the Izaak Walton League in regard to the matter of. placing rubbish barrels at the major filling stations for collect- ing rubbish from out -going and in -coming cars to help clear the streets and'high- ways oflitter was read. Upon motion by Morris, second by Schroeder, the matter was referred to the Street & A lley Committee and the City Engineer. A letter from the State of Minnesota, Department of Taxation with reference to the application of the Rochester Methodist Hospital for the exemption of certain property located in the City of Rochester from real estate taxation for the year 1955 and stating that a hearing for the consideration of their applications will be held in the office of the Commissioner of Taxation on Wednesday, May 22, 1957 was read. Upon motion by Whiting, second by Haas, the matter was referred to the City Attorney. A letter from the State of Minnesota; Water Pollution Control Commission stating that the plans recently submitted for sewerage facilities to serve Elton Hills 2nd Subdivision are approved and a permit for construction is granted was (read. The same was ordered placed on file by President Bach. A notice from the Railroad and Warehouse Commission stating that a petition had been filed by the Witte Transportation Company asking for a certificate for the transportation of freight over various routes between Faribault and Rochester and that a hearing would be held on the matter in the City Hall in, the City of Rochester on Tuesday, June 4th, 1957 was read. President Bach ordered the same placed on file. A letter from the Rochester Fire Department Relief Association requesting permission to make a loan of $9,000.00 to Donald Grimm, 1003 2nd Street Northwest, was read. Upon motion by Morris, second by Whiting, the matter was referred to the (Finance Committee. A petition signed by Gerhard H. Betcher and Dorothy E. Betcher to have the following described land annexed to the City of Rochester was read. A motion lwas made by Tingley, second by Whiting, referring the petition to the Planning Commission. "That part of the Southwest quarter of the Southeast Quarter of Section No. twenty five in Township No. one hundred seven North of Range No. fourteen West lying south and.east of the highway known as the VTabasha Road as the same now crosses said Southwest quarter of the Southeast quarter, containing about 89100 (.99) of an acre, in the County of Olmsted and State of Mi.nneso ta." The following letter signed by George P. Leiferman was read: V "Common Council Rochester, Minnesota Gentlemen: I propose to pay to the City of Rochester the sum of Five Hundred ( $500.00) for the West 501 of Lots 9, 10 & 11 in Block 5 Cascade Manor. I will arrange to get the necessary release from the former owner on the above mentioned three lots, which was originally dedicated for street purposes. I propose to dedicate to the City of Rochester all of Lot 12 in Block 5 Cascade Manor and a substantial plat of ground 501 x 3001 approximately 1 1 1 • 1 1 0 Record of Official Proceedings of the Common Council • of the City of' Rochester, Minn., May 20, 1957 -535' 1 CJ 1 C� J to the Park Board. �Yours truly, George Leiferman". A motion was made by Haas, second by Whiting., referring the above matter to the Public Grounds Committee and the Survey Committee and that they meet with the Park Department in regard to the land to be given to them. The following resolution adopted by the Public Utility Board was read and President Bach ordered the same placed on file: "Be it and it is hereby resolved by the Public Utility Board of the City of Rochester, Minnesota that the Common Council of the said City be and is hereby requested to authorize the said Board to enter into a contract with KEHNE-POSTER, Electrical Contractors, for the furnishing of all the labor, tools and equipment necessary for the complete ELECTRICAL INSTALLATION of I. B. M. and SILVER LAKE SUBSTATIONS in accordance with specifications on file; the total amount of !'the said contract to be FORTY TWO THOUSAND EIGHT HUNDRED TWENTY SIR DOLLARS ($42,926,00) and the said Kehne-Foster being the lowest responsible bidder." The application of-J. L. Da.dy for a Journeyman Hot Water and Steam Fitter's License was read. Upon motion by Morris, second by Whiting, the license was granted. The application of The Kruse Company for a license to construct sidewalks, driveways and curb ':and gutter in the City of Rochester, Minnesota was read. Upon motion by Schroeder, second by Whiting, the license was granted. The official bond of C. Archie Armstrong in the amount of $500.00 with the American Surety Company of New York as surety was read and upon motion by Whiting, second by Haas, the' bond was approved, the surety thereon accepted and the same was ordered placed on file. The reportof .the City Treasurer for the month of April 1957 was read and President Bach ordered the same placed on file. The report) of the Clerk of Municipal Court for the week ending May loth, 1957 showing total "criminal fines collected $1,393.00 and civil fees "received in the amount of $14.40 was read and having been approved by the City Attorney, President Bach ordered the same placed on file. A letter flrom Andrew E. Towey, Vice President of the Rochester West Company,ll' submitting Plat #11of Country Club Manor First Addition for the Council's approval .was read. The following recommendations of the Planning and Zoning Commission were also read: 1. The portion of the general plan lying south of the north line of the property as shown on Preliminary Plat No. 1 be granted preliminary approval as to general street pattern and lot layout. 2. The location of the "Circumferential Highway" on the east boundary of the Judd Farm from the southeast corner of the proposed school site to the north be reserved for further study and that the 150 ft. right-of-way width for the "Circumferential Highway" be approved. 3. The lots abutting the "Circumferential Highway" be denied direct access to the road to f acilitat-e traffic flow. 4. The Planning and Zoning Commission accept the offer and promise of the Rochester West Company to sell to the Bailey Estate, which owns the land south of the Judd farm, a sufficient strip of land connecting their land with the southern most street as shown on the general plan on top of the hill, on the same terms and for the same price computed on an acreage basis, as the Rochester.West Company paid for the purchase of ingress and egress for the collector street to Highway No. 14. This 3 6 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., May 20., 1957 E offer shall be in writing and shall be in effect for a period of 90 days from the acceptance of the preliminary plan of Plat No. 1 of Country Club Manor by the Common Council. 5. The developers of Country Club Manor provide temporary turn arounds on the west boundary *of the Judd farm where the streets presently dead end and that the end lots be not built on until these streets are extended, and that a satisfactory sewer proposal is submitted to the City Engineer. 6. Well sites and tower sites be designated to the satisfaction of the Utility Department for the development of these facilities. The recommendation of the Survey Committee that the portion of the general plan of Country Club Manor lying south of the north line of preliminary plat No. 1, be granted preliminary approval subject to the conditions as set forth in the Planning and Zoning Commission's recommendation above was read. After viewing the plat, a motion was made by Schroeder,, seconded by Whiting, that the recommendation of the Survey Committee be accepted. All voted in favor thereof. A motion was then made by Schroeder that approval be given the General Plan of Country Club Manor as specified in the recommendation of the Survey Committee. Whiting seconded the 1. motion and all voted in favor thereof. The recommendation of the Planning and Zoning Commission that they had reviewed the preliminary plan of Plat No. 1, Country Club Manor let Addition and that they recommended that it be granted preliminary approval as to lot layout, general street pattern, and park area subject to the. following conditions was read: 1. The drainage problems be worked out to the satisfaction of the City Engineer. 2. Satisfactory negotiation of a contract with the City of Rochester to abide by a uniform ordinance for acquiring public lands. 3. Provide temporary turn arounds on the west boundary of the Judd farm where the streets presently dead end and that the end lots be not built on until these streets are extended. 4. A well site be negotiated with the Utility Department. The recommendation of the Survey Committee that the preliminary plan of Plat No. 1, Country Club Manor let Addition be granted preliminary approval subject to the conditions as set forth above in the Planning and Zoning Commissionts recommendation was also read. A motion was then made by Whiting, second by Schroeder, that the recommendation of the Survey Cammittee be approved. All voted in favor of the motion. Alderman Schroeder made a motion that the Preliminary Plan of Plat No. 1 County Club Manor let Addition be approved. Alderman Haas seconded the motion and all voted in favor thereof. Mr. Frank Newhouse, Attorney for Rochester West Company, stated that it would save a lot of time if the Council would accept their plans and specifications and enter into a contract with them to do their own construction work, sa;iitary sewer, storm sewer, water main and grading and surfacing, and requested that the Council authorize the Mayor and City Clerk to execute such a contract upop the approval of the City Attorney and the City Engineer. Alderman Whiting then moved that the request' of the Rochester West Company to do the local improvement constr- uctfion work within Country Club Manor let Addition, under the supervision of the L� 1 • 1 • 1 0 Record of Official Proceedings of the Common Council .5 3 7' • of the City of Rochester, Minn., May 20 , - 19 57 L7 �I 1 • 1 • City Engineer, is approved and at such time as the plans and specifications and plat are prepared and approved then the necessary contracts be drawn and executed, Alderman Schroeder seconded the motion and all voted in favor. thereof. Mr. Glenn Murray of Rochester West Company was present and requested that the Council authorize .the Building Inspector to issue them two temporary building permits to construct model homes on their land. He stated that if they misplaced the houses they would remove the same after the street grades and cohmtruction work had been done.A motion was then made by Alderman Haas that the request of the Rochester West Company for two residential building permits. prior to final approval of the plat of Country Club Manor lst Addition, be granted on the condition that the Rochester West Company first -file with the City Clerk an agreement to make the two residences so constructed to comply in all respects with the City Building Code, zoning regulations, street grades and the approved plat upon demand of the Common Council: Alderman Haas further moved that upon filing such an agreement that the Building Inspector is authorized to issue said permits. Alderman Whiting seconded the motion and all voted in favor thereof. The recommendation of the Planning and Zoning Commission that -the final plat of Bielenberg and Giese Fourth Addition be granted final approg al subject to the satisfactory negotiation of a contract with t he City of Rochester to abide by a uniform ordinance for acquiring public lands was read together with the recommendation of the Survey Committee that the final plat of Bielenberg and Giese Fourth Addition be granted final approval subject to the conditions as set forth in the above recommendation and receipt of the City Engineer's report. A motion was made 'by Alderman Whiting that the recommendation fo the Survey Committee be approved and the City Attorney was instructed to prepare a resolutiox approving the said plat.. Alderman Tingley seconded the motion and all voted in favor thereof. The recommendation of the Planning and Zoning Commission that the final plat of Kuzel Subdivision of -Lot 44-Auditor's Plat A be granted final approval subject to the satisfactory negotiation of a contract with the City of Rochester to abide by a uniform ordinance for acquiring public lands was read together with the recommendation of the Survey Committee that the final plat of Kuzel Subdivisic _Y of Lot 44 Auditor's Plat "A" be approved subject to the conditions as set forth in the above rec;lommendation and receipt of the City Engineer's report. A motion Was made by Alderman Haas that the recommendation of the Survey Committee be approved and the City Attorney was instructed to prepare a resolution approving the said plat. Alderman Morris seconded the motion and a,.l voted in favor thereo The recommendation of the Street & Alley Committee that the city adver- tise for bids to, be received on June 17th, 1957 for grading and base construction of the approaches to the 7th Street Northeast Bridge was read. Upon motion by I ' � "538 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., May 20,- 19 57 Haas, second by Schroeder, the recommendation was approved. The recommendation of the Survey Committee that the appeal of the Metho- dist Church to vary the Zoning Ordinance to permit the erection of the entrance on the Southwest corner of the new Church within 4' of the property -line located at 410 5th Avenue Southwest be granted was read. Upon motion by Whiting, second by Tingley, the recommendation was approved and the City Attorney was instructed to prepare a resolution grainting the said variance. _ The recommendation of the Finance Committee that the Fire Department Relief Association grant a loan to Mr, Donald Grimm, on his home at 1003 2nd Street Northwest, the amount of the loan to be $9;000.00 was read. Upon motion by Schroeder, second by Morris, the recommendation was approved. The following resolutions were each introduced and read and President Bach declared the same duly passed and adopted: Resolution authorizing Public Utility Board to enter into contract with. Kehne-Foster, Electrical Contractors. Upon motion by Haas, second by Morris, resolution adopted. Resolution authorizing the City Clerk to advertise for bids for the grading and -base construction of the approaches to -the 7th Street Northeast Bridge. Upon motion by Morris, second by Schroeder, resolution adopted. Resolution authorizing the City Clerk to advertise for bids for the rough grading of streets in Rolling Greens Addition* Upon motion by Schroeder, second -- by. Haas, resolution adopted. - Resolution authorizing the City Clerk to advertise for bids for the street grading, base construction and surfacing in Sunset Terrace Addition and 19th Avenue Northwest North of 14th Street Northwest- in Valleyhigh Addition. Upon motion by Haas, second by Morris, resolution adopted. Resolution authorizing the City Clerk to advertise for bids for the - construction of a sanitary sewer, storm sewer, watermain and service connections in Sunset Terrace Addition and in 19th Avenue Northwest North of loth Street Northwest in Valleyhigh Addition. Upon motion by Morris, second by Schroeder, resolution adopted. Resolution authorizing the City Clerk to -advertise for bids for the finish grading and surfacing of streets in Rolling Greens Addit-ion. Upon motion by Schroeder, second by Haas, resolution adopted. Resolution authorizing the City Clerk to advertise for bids for the con- struction of a sanitary sewer, watermain, storm sewer and service connections in Rolling Greens Addition. Upon motion'by Haas, second by Morris, resolution adopted. Resolution appropriating $220,00 from the P. I. R. Fund and ordering -pay- ment made to Poucher Printing &-Lithographing Company. Upon motion by Morris, 1 1 • 1 • 1 1 second by Schroeder, resolution adopte-d. 0 Record of Official Proceedings of the Common Council 5 3 9 " • of the City of Rochester, Minn., May 20, 19 57 Resolution appropriating $14, 512.39 from the General Fund, $1, 514.45 from the Police Relief Fund and $4,984.32 from the Fire Relief Fund and ordering paymen made to Rosa Browning, Treasurer $1,514.45; George Davis, Treasurer $4,994.32 and Public Health & Welfare Fund -$14, 512.39.. Upon motion by Schroeder, second by Tingley, resolution adopted. Resolution appropriating $1.29 from the General Fund and $501, 46 from the Sewer Fund and ordering payment made to The Kruse Company, $293.58and Peoples Natural Gas Company, $219.399 Upon motion by Tingley, second by Haas, resolution adopted. • Resolution appropriating $923.98 from the Park Improvement Fund and $274,89 from the ;Parking Mater Fund and ordering payment made to Brinck-Solberg $274.99 and Mayol,Civic Auditorium Revolving Fund $923.99.. Upon motion by Haas, second by Morris,' resolution adopted. Resolution appropriating $2,176.19 from the Str.eet & Alley Fund and order- ing ing payment made 'to H. R. Erickson Machine & Equipment Company, $1,195.00; Litgh- field Steel Supply Company, $496.35; Patterson Rock Products, $249.43 and Consoli- dated Steel & Supply Company, $237.01. Upon motion by Morris, second by Schroeder, resolution adopted. Resolution appropriating $595.53,from the Fire Protectiop Fund and order- ing payment made to Motor.ola, Inc., $375, 00 and Mine Safety Appliance C ompanyr $220•53. Upon motion by Schroeder, second by Tingley, resolution adopted. Resolution appropriating $5,210.00 from the Fire Protection Fund and ordering payment 'made to City of Rochester, P. U. Upon motion by Tingley, second by Haas, resolution adopted. Resolution appropriating $1,737.00 from the General Fund and ordering. _payment made to Clement's Chevrolet Company._ Upon motion by Haas, second by. Morri'lp resolution adopted. Resolution appropriating $365.69 from the General Fund, ,$2.16 from the S & A Fund, $46.85 from the Fire Protection Fund, $1,523.25 from the Sewer Fund • and $5,324.95 from the Lighting Fund and ordering payment made to the City of Rochester, P. U. .Upon motion by Morris, second by Schroeder, resolution adopted. Resolution appropriating $2,230.89 from the P. I. R. Fund and ordering payment made to Ellerbe and Company. Upon motion by Schroeder, second by Tingley, resolution adopted. Resolution advertising for sealed proposals for the removal or disposal of certain buildings and structures located on the site of the new Municipal Airport in High Forst Township, .Olmsted County, Minnesota. Upon motion by Tingley, second by Haas, resolution adopted. Alderman Tingley introduced the following.resolution which was read: 4 ® Record of Official Proceedings of the Common Council May 20.,, 19 57 � of the City of Rochester, Minn., • 'WHEREAS, the Rochester'Bus'Line, Inc. has petitioned the Minnesota Railroad and Warehouse Commission for. a fare increase, and WHEREAS, it has given facts to the Common Council of the City of Rochester, Minnesota, through its Police Committee, of the necessity of a 15¢ adult fare and 100 student fare, and WHEREAS, the Rochester Bus Line, Inc. is a' public utility providing transportation service 'to 'the 'citizens of Rochester, NOW THEREFORE, be it resolved by the Common Council of the City of Rochester that the proposed fare increase of the Rochester Bus Line, Inc. is justified by reason of economic necessity, and Be it f'urthe_r resolved that the Common Council of the City of Rochester does hereby request the Minnesota Railroad and Warehouse Commission to grant the Rochester Bus Line, Inc. the fare increase." A motion was made. by Whiting, second by Haas, that the said re'solut ion be adopted as read and upon roll call and all voting in favor thereof, .President Bach declared the said resolution duly passed and adopted The following claims were each read and upon motion by Mor.ris9.second.by. Tingley, the same were approited 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: Norbert Ruit'ing, $120.00; Ralph Ellingwood, _ $72.00; Olmsted County Xedi'cal Group, $27.00; St. Ma.ry's Hospital, $3.00; Willetta Hoaglan, $59• 40; The Johnson Company, $1.74; American City' Magazine, $4- 50; Mosing Engraving Service, $7,50; Zoning Digest, $100.00; Planning Advisory Service, $75.00; Dorothea Baihley, $50.62; q ualty Printers & Stationers, $23.15; R.' V. Ehrick, $16.80; Ross Browning, $14,40; Emil Aufenthie, $60.00; Li.rson's Coast to Coast, $9.95; quality Printers & Stationers, $69,60; The National Cash•Regi§ter Company, $167.20; Rochester Post Bulletin, $$75.40; Miller Davis Company, $41,00; Fire & Safety, Inc., $3.75; H. A. Rogers Company, $60.72; Albinson' Inc., $10,30; Trautner Sales Company, $97.99; Elfreda Reiter, City Clerk, $97.51; Botsford Lumber Company, $.50; Fire & Safety, Inc., $9.25; R. C. Drips Grocer Company, $46, 50; Foster Electric Company, $10.03; Arnold's Supply Company, $6.7.74; The Modl Laundry, $10.58; Lawler's Cleaners, $18.00; Rochester Dry Cleaners, $30.95;' Peoples Natural Gas Company, $6.22; Woodhouse Brothers, $119.72; Socony' Mobil Oil Company, $73.50; Scharf Auto Supply, $.80; Reeve's Drug Store, $3:55; S. M-. Supply Company, $64.42; H & H Electric Company, $19,34; N. W. Bell Telephone Company, 1$126.00 and Cooperative Oil Company, $37.50. From the Street & Alley Fund: Peoples Natural Gas Company, $50.28;'Witte Transportation Company, $8.60; Dodge Lumber Company, $7.36; Herber .G. .gnopp Agency, $18.22; Consolidated Stee'el '& Supply Company, '$118.09; A. R. Cooke & Son, $110.00; &. T. Earle, Sr., $1-63.20; Socony Mobil Oil Company, $17.20; -Socony Mobil Oil Company, $110,70; Ruffridge. Johnson Equipment Company, $180,50; Cities Service Oil Company., $70.30; Schard Auto Supply, $52. 76; Stoppels Egg, Poultry & Seed Company, $4, 50; and Scotty's Shell Service, $13.98. From the Fire Protection -Fund: Elfreda Reiter, City Clerk, $6,00; Peoples Natural Gas Company, $55.60; Woodhouse Brothers, $1.90;' Reeve's Drug Store, $7.68; Tom Moore, Register of Deeds, $3.00; N. W. Bell Telephone Company, $35.15; Fire & Safety, Inc., $3.00; The Model Laundry, $4.49; S..M. Supply Company, $28.60; Gopher 1 1 • 1 • .' 1 I. 0 Record of Official Proceedings of the Common Council 5411 • of the City of Rochester, Minn., May 20, 1957 1 1 • • i� 1 Welding and Supply Company, $25.90; Big Four Oil Company, $41.66; National Bushing and Parts, $12.3'0; Rochester Sand & Gravel Company, $170.00; Stoppels, $10.00; R. Ai Meyers and Company, $33.60; E. J. Klampe & Company, $47.25; and N. W. Bell Telephonl Company, $29.40. - From the (Sewer Fund: Peoples Natural Gas Company, $24.31; Woodhouse -Bros. $7. 7 5 George T. Walker C omparry, •$22, 16; Lyon Chemical, Inc,, $162.00; Witte Transportation Company, $15.82; Riverside Sand & Gravel Company, $32.00; E. T. Wat- kins Electric Company, $�2; The Sanfax Company, $149.1s; Wallace & Tiernan, Inc., $109,19; Welborn Welding Company, $.21.90; 0 & B Shoe Store, $53.95; Dodge Lumber Co., $54.25; Hach Chemical Company, $9. 81; Carlisle G. Fraser, $4.2.50; and N. W. Bell Telephone Company,', $13.13. From the ,Park Improvement Fund:- Elfreda Reiter, City Clerk, $15.On; Park Department, $10.00,; Peoples Natural Gas Company, $4.45 and N. W.-Bell Telephone Co., $9 5. 9 7: From the Police Protection Fund: Elfreda Reiter, City Clerk, $34.00; Reeve's Drug Store,,, $3.65; Dr. John'D. Trost, $100,00; N. W-.' Bell Telephone Co., $5.50; Burroughs Gorporation, $12.10; D & J Cafe, $166.60; 0 & 0 Sporting Goord, $70.30; Minit Car lWash, .$19.25; Postier & Eggers Company, $74.26; Gopher Shooting Supply, $4.07; Cooperative Dil Company, $3. 19; Scotty's Shell Service, $55• 62• From the Parking Meter -Fund: Elfreda Reiter, City Clerk, $2.40; Rochester Visitor, $10.-0.0; H & H Electric Company, $96.10; General Trading Company, $2.61; Jahn ' s Auto Repair, $45.54• Upon motion by Morris, second by Schroeder, Mr. Emmett J. Hand, was re- appointed as a Member of the Firemen's Civil Service Commission his term to expire the second Monday of April, 1960. All voted in favor thereof. A. letter from John A. Paulson, M. D. at the Mayo Clinic stating he would like to meet with the Council and Fire Department to assist in improving and under- standing the techniques used in resusci•;tdtion. Upon motion by Haas, second by Schroeder, the same was referred to the Fire Committee and the Chief of the Fire Department. A letter from the Chicago and North Western Railway Company stating that the fencing to be erected on their right=of-way between llth Avenue Northeast and 13th Avenue Northeast and repairs be made to the crossing on llth Avenue North- west in the near future was read and the same was ordered placed on file. A letter from Mrs. Fred R. Finch thanking the Council for their kindness and thoughtfulness during the illness and death of her husband, Fred R. Finch, was read and ordered placed on file. Mr. Floyd','Wussow was present and stated that he had a heart attack last December and had now used up his accumulated vacation and sick .leave and had been taken off the payroll as of May llth, 1957. He further stated that he had worked 0 542 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., May 20, 19 57 • for the City of Rochester for a number of years .and felt he should be given some - consideration as to getting a job that would not require heavy lifting or climbing of steps., Upon motion by Haas, second by Tingley,. the matter was referred to the Finance Committee. All voted in favor thereof except Alderman Whiting who,voted anon. Alderman Schroeder was excused at LO:1.5 P.,M. A resolution granting a variance of Section.8 Setbacks of Building Lines and Yards, of; Ordinance #558,.as amended, to the First Methodist Church of Rochester in connection wi.th its property in Block 1.2, Head & McMahon's Addition (a building line on 4th Street. S.W. of 14 feet and a building, line on 5th Avenue S.W. of. 4 feet) was read. Upon motion by Morris, second by Tingley., the resolution was adopted. All voted in favor of the motion.. A resolution granting a variance of Section 2 Residential District, Ordi- nance No. 558, as amended, to Edmond E. and Evelyn Rie Comartin to permit the construction of a house on a part of Lot 13, Fritsch & Magaw Re--Sub-Division containing loss than 5,000 square feet was read. Upon mo.tion by_Tingley, second by Morris and all voting in favor thereof the resolution was adopted. Alderman Tingley introduced a resolution amending a resolution adopted by the Common Council on January. 7, 1957. establishing parking and parking meter regulations and provisions pursuant to'Ordinance No. 871 which was read as follows: (1) Section (4) TRUCK LOADING ZONES is amended by adding thereto subsection ab to` read as follows: nab. On East Center Street on the north side of the Street, 25 feet, more or less, in front of the premises known as 107 East Center Street." Upon motion by Whiting, second by Haas and all voting in favor thereof the resolu- tion was adopted as read. A petition signed by Joe Flynn, R. H. McDermott, George P. Leiferman, Henry Yound and A. P. Barry to vacate ih at certain alley - Dashow-Igo Addition, Gregg Addition and the Sonnenberg Addition being from the East line of 1st Avenue Northeast to the West line of 2nd Avenue Northeast between 16th Street and i62 Street N. E. as platted was read. Upon motion by Morris, second by Whiting the same was referred to the Planning Commission. An Ordinance Prohibiting the Installation of Certain Garbage Disposal Units was given its first reading. An ordinance entitled "An Ordinance Annexing to the City of Rochester, Minnesota d Part of the Northeast quarter of the Southeast quarter of Section Thirty -Four, Township One Hundred Seven North, Range Fourteen West, Olmsted County, Minnesotan was given its first reading. (Leiferman & Bender property) A motion was made by Tingley, second by Whiting, that the first sentence of Section One of an "Ordinance Regulating the Presence of Minors under the Age of Eighteen Years on Public Streets and Alleys or in Public Places in the City of U 1 • 1 • 1 1 0 Record of Official Proceedings of the Common Council 5.� 3, • of the City of Rochester, Minn., May 20, 1957 1 1 1] 1 C� J Rochester, Minnesota, Between the Hours - of 10:30 P, 14. and 5:00 A. M:;. Defining Duties of Parents; Guardians or Others in Care ofMinors•; Regulating the Presence of Minors in Places of Amusement, Entertainment or Refreshment; Providing, Penalties for Violation Thereof and Repealing Ordinances in Conflict Therewith" be amended to read as follows: "Section 1. LOITERI'NG OF MINORS UNDER AGE OF SIXTEEN YEARS- PROHIBITED. •It shall be unlawful for any minor under' -the age of sixteen years, except a minor who is attending a public or parochial school and who is at -least a sophomore therein,'to be 'in or upon the public streets, alleys, parks, playgrounds or .other public grounds, public places and public buildings, places of amusement and entertainment, or vacant lots, between the hours of 10:30 'P. M. and 5:00. A. M. of the following day, official City time, unless such minor is accompanied by his or her parent, guardian, or other adult person having the care or custody.of the minor, or unless.the minor is upon an emergency errand directed by his or her parent, guardian, or other adult person having the care or custody of"the minor. Each violatiox of the provisions of this section shall constitute a separate offense. Alderman ,Morris stated that.he had received complaints about the parking of cars around the root beer stand just off Broadway between 13 Street and 132 Street Northwest.' The cars parked around the stand make it very difficult for traffic to get through. Upon motion by Haas, second by Morris, the matter was referred to the Police Committee and the Chief of Police for investigation and report. Alderman !'Tingley notified the Council that he had arranged an informal meeting in connection with the proposed bond issue with the Library Board which would be held Wednesday, May 22nd, 1957 at '7:3'0 o'clock P. M. The following recommendation of the Planning Commission was read: "The Planning and Zoning Commission, at its regular meeting of May 15, 1957, reviewed the final plat of Thomas First Addition and recommended that it be granted first approval subject to the following conditions: 1. Satisfactory negotiation of a contract with the City of Rochester to abide by a uniform ordinance for acquiring public lands.' 2. Provision should be made for the future extension, to the northwest, of 16th Avenue N,W.-to. connect with Elton Hills - Drive. 3. Lot 1,.Block 2, as platted has. only a 45.53 ft. frontage on Elton Hills Drive. Should the small parcel of land on the southwest corner of Elton Hills Drive and 16th Avenue N.W. be made a part of Lot 1, Block 2, Thomas First Addition or dedicated, to the City for street purposes, the requirement for corner lots will be met." _ 4& Mr. Thomas dedicate the north 45 ft. of his property for Elton Hills Drive." Also the recommendation of the Survey Committee that the final plat of Thomas First Addition be granted final approval subject to the conditions as set forth in the Planning and Zoning Commission's recommendation and receipt of the City Engineer's report was read. Mr. Larry'Sather was present and discussed Item No. 4 - the dedication of the north 45 feet. He stated that the property did not belong to him and he had been unable to reach an agreement with Mr. Thomas. He also stated that he had dis- cussed the possibility of condemning this strip, but so far nothing had been agreed upon. No action was taken and Mr. Sather was to 'try to negotiate further with Mr. Record of Official Proceedings of the Common Council of the City of Rochester, Minn., May 20 , 19 57 U An. ordinandel",entitledu-i!An�Ordinan:ce Anaaxiiigi_sd thec.Oitycof 'Rvchhster e _ l Minnesota;-":a'J past of the Northwest quarter of Section Three, Township One Hundred Six North, Range Fourteen West Olmsted County, Minnesotall(Stanley C. Mohn property) was given its first reading. Mr. C. A. Armstrong stated that Mr. Mohn should be r charged for the assessments which had been previously constructed which amounted to $668.40. A motion was made by Whiting, instructing the City Clerk to advise Mr. Mohn to deposit the amount of these assessments for improvements already made and upon deposit of same the ordinance would be given further consideration. Alderman Morris seconded the motion. Alderman Tingley, Chairman of the Survey Committee., stated that he had (investigated the request of Holm and Olson Company to put window boxes around their store and said he could see no reason why they could not be given said permission. J R. Y. Ehrick, City Attorney stated that this would permit an encroachment on the sidewalk which was not permissable. Upon motion bay Haas, second by Whiting, the request of Holm & Olson was denied and all voting in favor thereof except Alderman Tingley who voted "no" President Bach declared the motion carried. Alderman Tingley, Chairman of the Police Committee, stated that he had investigated the request of Mrs. Lillian Neuman to have a parking space in front of her property at 526 Second Avenue Sorhthwest and found that there was room for la driveway on the north end of her property. A motion was made by Whiting, second by Haas, that the City -Clerk be instructed to notify Mra. Neuman that the Council lean not comply with .her request for a parking place in front of her property. All f voted in favor thereof. Alderman Tingley stated that the Rochester Bus Company -had requested temporary permission to move their bus stop from Goodmantp corner to Montgomery Ward corner. Upon motion by Whiting, sepoad by Morris, their request for the temporary chagge was granted.. All voted in favor, of the motion., Upon motion by Morris, second by Tingley, the meeting was adjourned. cJ �� Ci Clerk 1 • 1 L� 1 0