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HomeMy WebLinkAbout09-03-195768 S. Record of Official Proceedings of the Common Council of the City of Rochester, Minn., September 3, 19 57 • Minutes of a regular, meeting of the Common Council of the City of Rochester. Minnesota, held in the Council Chambers, iri,the'City Hall in said City on September' 3rd, 1957- President Bach called the meeting to order at 2:00 o'clock P. 14., "the' following members being present: President Bach, Aldermen Briese, Haas, Morris, Schroeder and Tingley. Absent: Alderman Whiting. Upon motion by Morris, seconded by Haas, the minutes of_the meetings of August 26 th and 29 th, 1957 were approved. President Bach stated this_ as being the time and place s'st for receiving and opening bids for the construction of Section 1 of a sanitery relief sewer line in 7th Street Northeast from llth Avenue Northeast to 6701 west of llth Avenue Northeast. The bid of Carlisle G. Fraser, Inc., in the amount of $6,301.79 was received and opened and upon motion by Haas, second by Morris, the same was referred to the Sewer Committee and the City Engineer for tabulation and report. President Bach stated this as being the time and place set for receiving and opening bids fOr the construction of approximately 3,000 feet of 12-inch cast iron pipe trunk watermains to be located on 18th Avenue Northwest from Cascade Street Northwest to a point approximately 2280 feet North of the present City limits and on 26th Street Northwest crossing U. S. Highway 052. The bid of Carlisle G. Fraser, Inc. In the amount of $29,950.25 was received and opened and upon motion by Morris, seconded by Schroeder, the same was referred to the Water Committee, the City Engineer and the Superintendent of the Water Department, President Bach stated this as being the time End place set for receiving and opening bids for the furnishing of the season's supply of rock salt for use in the City Engineer's Department. The bids of Northwestern Salt Company in the amount of $2,300.00, The International Salt Company, Inc. in the amount of $2,300,00, The Morton Salt Company in the amount of $2,300.00, and The Cargo Carriers,. Incorporated in the amount of $2,300.00 were each received and opened. Upon motion'by Morris, second by Schroeder, the same were referred to the Stieet & Alley Committee and the City Engineer for tabulation and reports Mr. r. A. Bigelow was present'in regard to keeping 12th Street Northwest closed to the 'entrance to, the new High School grounds. He stated that he felt for `the safety of the small children in this neighborhood, the entrance should be somewhere else a$d he was going to appear before the Board of Education at their'next meeting. No action was taken. ` The application of Charles A. Holt for a license to permit dancing at the Brown Derby located at 323 First Avenue Southwest was read. Upon motion by Tingley, second by Briese, the matter was referred to the license committee. All voted in favor thereof. 1 1 C� 1 • 1 1 11 Record of Official Proceedings of the Common Council • of the City of Rochester, Minn., September, 3, 1957 689 1 1 • 1 • 1 The recommendation of the 'later Committee, the City Engineer and the Superintendent of the Water Department that the bid of Carlisle G. Fraser, Inc. for construction of Contract No. 3 Trunk Watermains for Northwest Service Area be accepted at the unit prices bid and checks be returned to the unsuccessful bidders was read. Upon motion by Haas, second by Morris, the recommendation was approved. A motion was then made by Alderman Schroeder that the bids received for the furnishing of the seasonts supply of rock salt for use in the City Engineer's Department be tabled until the next meeting. Aldermen Briese seconded the motion and all voted ins' favor thereof. The following resolution adopted by the Public Utility Board was read and ordered placed on file: 11Be it and it is hereby resolved by the Public Utility Board of the City of Rochester, Minnesota that the Common Council of said City be and he is hereby requested to authorize the said Board to .enter into a contract with the companies herein enumerated for the furnishing of coal screenings in the tonnage and the price per ton herein stipulated — Sahara Coal Company. 6 000 tons at a mine price of $4.15 per to Old Ben Coal Corporation 5,000 tons at a mine price of $4.15 per tox Truax—Traer Coal Company., 5,0.00 tons at a mine price of $3. ?O per to� Northwestern —Hanna Fuel Company5,000 tons at a mine.price of $4.15 per to i Walter Bledsoe and Company 4,000 tons at a mine price of $3.70 per to the total amount of the contract being NINETY NINE THOUSAND SEVEN HUNDRED DOLLARS ( $99, 700.00). If A letter from the Municipal Water Supply Section of the State of Minne— sota Department of Health recommending approval of plans and specifications on the West side of •18th' Avenue Northwest from Cascade Street Northwest north to 33rd Street from the new well No. 15 south approximately 67 feet thence east to existing watermain on 26-th Street Northwest was read and President Bach ordered the same placed on. f ile. A resolution accepting the bid of Peter Pirsch & Sons Company for the furnishing of one aerial ladder truck for use in the Rochester Fire Department and vetoed by the Mayor on August loth, 1957 was read together with the veto message of the Mayor. Frank W. Everett, Fire Chief, explained that after again checking the bids it was found that the bid of Maxim Motor Company was really the lowest as figures on the bid for the 951 and 1001 ladder were the same due to an error in typing the bid in the office of the said Company but he felt the same had now been sa.tisfa,�ctorily.corrected. The following letter was then read: 20ity of Rochester Fire Committee, City Hall Rochester,, Minneso to Gentlemen: In checking'the proposal which I submitted for the Maxim Motor Co. for furnishing an aerial ladder truck for your fire department I find some errors in transferring some of the data from our work sheet to the proposal on the 1001 aerial. Please inclyde the following as part of the proposal: 0 90 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., September 3, 1957 • 1. Tires - Form 744, Instead of 10 ply it should read 12 ply. C. Frame - Form 744, This should read 10" x 3" x 5/16". The rest of the deletion is correct. 3. No mention is made of "masker Lights". These are necessary to conform with state laws on this size vehicle. They are standard. 4. Engine tachometer is standard equipment. We propose to furnish tachometer which also shows total engine miles. 5. Radiatoy shutters are standard equipment and automatic or manual operation is optional. By referring to the above Form 744 in the proposal for the 95' aerial, you will see that the correct figures are as above. Apparently the error was made when the second set of forms were typed. In this respect both sheets should be identical. I am happy to claPify the above and to assure you that these items as listed above, are part of the original proposal and do not alter the original prices as they appear in our original bid. Our intention in bidding this equipment was to conform in every respect with your specifications, and wherever they are not • in accord, we will accept either our interpretation or yours at your election. Yours sincerely, MAXIM MOTOR CO. By: C. F. Coyer, Rep." President Bach then again culled for a vote on the adoption of the vetoed resol- ution accepting the bid of Peter Pirsch & Sons Company for the furnishing of one aerial ladder truck for use in the Rochester Fire Depart-ment and upon roll call and all voting " no", President Bach declared the -re -solution -not adopted and the Mayor's veto upheld. .The following recommendation of. the -Fire Committee was then read: `6 "Honorable Mayor & Members of The Common Council Rochester, Minnesota Gentlemen: We, the -undersigned members of the Fire Committee, recommend that the bid of Maxim Company in the amount of $36,368.00 for the furnishing of one aerial ladder truck for use in the Rochester Fire Department be accepted. The committee arrived at the above figure as follows: Total Bid . . . . . . . . . . . . . . . . . $38, 450.00 Less: Ladder Pipe, 2,500 Watt Light Plant, 1501 - 3" waxed and gum rubber lined fire - hose, Vacuum Smoke Ejector, 2-Way Siamese, 3 Circle D Flood Lights, Battering Ram, 2 Life Belts, Elkhart J. N. 200 fog nozzle, 400' Heavy Duty Light Cord, 36" Bolt Cutters . . . . . . . . 2,082.00 Net Bid $36,368.00 • The said Committee farther recommends that the bid of Fire & Safety, Inc. in the amount of $1, 473.•00' for the furnishing of the above mentioned extra equipment be accepted. Respectfully submitted, FIRE COMMITTEE /s Stanley K. Morris, Chairman /s Herman J. Briese, Member /s Albert J. Tingley,. Member" A motion was made by Alderman Morris that the recommendation of the Fire Committee be approved and that checks be returned to the unsuccessful bidders. Alderman Tingley seconded the motion and all voted in Savor thereof. A letter from the Board of Park Commissioners stating that the parking area north and east of the Mayo Civic Auditorium in Mayo 'Park was used by the • Record of Official Proceedings of the Common Council • of the City of Rochester, Minn., September 3 , .19 5 7 691 ' f 1 1 • • I. I. general public for parking very extensively six days a. week and that the said parking lot was, badly in need of repair or resurfacing and requested that the Street & Alley Department perform the needed work on these areas, was read. A Motion was made,by Schroeder, second by Morris, that their request be referred to the Street &" Alley Committee and the City Engineer. All voted in favor thereof The recommendation of the Sewer Committee and the City Engineer that the bid of Carlisle G. Fraser for construction of Section No. 1 of Sanitary Relief Sewer Line in 7' Street Northeast from 11 Avenue Northeast to 670 feet west of 11 Avenue Northeast, be accepted at the unit.prices bid and checks be returned to the unsuccessful bidders was read and upon motion by Haas, second by Schroeder, the recommendation was approved. The report of the Finance Committee that after examining and reviewing the General Fund of the City of Rochester they found that if no expenditures are made other than those budgeted for and receipts are received as estimated that the General Fund will have approximately $94,000.00 as of the first of April, 1959 was read and President Bach ordered the same placed on file. The recommendation of the.Finance Committee that $100,000.00 be transferred from the Parking Meter Fund to the Sinking Fund and invested in snort term U. S. Treasury Notes or Bills was read. A motion was made by Haas, second by Schroeder, that the recommendation be approved. All voted in favor thereof. The recommendation of the Finance Committee that the Council conform to the suggestion of the Public Examiner, that due to the increased.demands upon that particular,' type of work, that the City of Rochester employ an accountant to do the over-all',accou.nting'and.try to coordinate the bookkeeping in the various department was 'read. A motion was made by Alderman Tingley that this recommend- ation be given tentative approval and referred back to the Finance Committee for further study. "Alderman Morris, seconded the motion and all voted in favor thereof. A letter from the Water .Pollution Control Commission etating that if the City of Rochester wished to considered for receiving aid in financing sewage treatment works, they would.again have to submit applications, thesame as last year %.*as read. The following recommendation of the Sewer Committee and City Engineer was read and upon motion by Haas, second by Schroeder, the said recommendation was accepted: "Honorable Mayor & Common Council Cityof Rochester, Minnesota RE: Federal Aid for Sewage Treatment Work Gentlemen: The Sewer Committee has considered the communication dated Aug.;26, 1957 (addressed to the Mayor) from the State Department of Health, regarding possible Federal Aid_for Sewage Treatment work'and .recommends that no application be made for Federal Funds for the proposed additional Digesters at the Sewage Treatment Plant at this time. I. C� ' 6' Q Record of Official Proceedings of the Common Council of the City of Rochester, Minn., S e pt a mb e r 3, 19 5 7 • This decision is based upon our knowledge of the low priority our project rated in its prior application; and information we have recently received that the projects which precede ours in priority greatly exceed the Federal Aid available. We recommend that the State Dept. of Health be informed that our application of last year will not be re -submitted. Respectfully, Sewer Committee /s R. Schroeder /s J. C. Haas • /s C. A. Armstrong, City Engineer" The Mayor's appointment of Gordon Kranz., Robert Langervin and Robert C. Daly to the Rochester Police Department, said men having been certified by the by I • Police Civil Service Commission, was read and upon motion Schroeder, second by Tingley, the appointments were approved. All voted in favor thereof. The report of the Clerk of Municipal Court for the week ending Aug. 30, 1957 showing total criminal fines and costs collected $1,455.22 and civil fees received $16.15 and total remitted to City Treasurer $901.37 was read and having been approved by the C.ity Attorney, President Bach ordered the same placed on file. The license bond of Arthur Rudloff and Eldor E. Meyer d/b/a Louie's Bar, Inc. in the amount of $3,000.00 with the Standard Accident Insurance Company as surety was read and upon motion by Schroeder, second by Morris, the bond was approved, -the surety thereon accept ed-and the same was ordered placed on file. A letter from Braniff•International Airways addressed to Mayor McQuillan asking that he supplement their request to the National Mediation Board in Washington, D. C. with specific information concerning the hardships the strike of their pilots would work on this community was read. A motion was made by Alderman Tingley referring the letter to the Mayor, he to reply whatever he feels necessary. Alderman Schroeder seconded the motion and all voted in favor thereof. President Bach stated that the firm of Moody & Springsted, Bond Consultants, had requested that they be given some time to explain their services to the Council in regard to the issuing of bonds. Mr. 0. M. Springsted, Mr. A. Springsted and Mr. E. Clark were each present and gave a brief synopsis of their • experience and qualifications for handling bond issues. They presented a number of Prospectus which they had prepared forvarious municipalities and schools and urged that the Council consider using their firm in the sale of the $3, 612, 000 which had just been voted on in the City of Rochester. The recommendation of the -Planning and Zoning Commission that the General Development Plan for the area between Kutzky Park and the Chicago and Northwestern Railroad; llth Avenue Northwest and U. S. 52 be approved and adopted as the General Development Plan for that area was read together with the recomm- endation of the Survey Committee that the General Development Plan -for the area between Kutzky Park and.the Chicago and Northwestern Railroad; llth Avenue N.W. • Record of Official Proceedings of the Common Council • of the City of Rochester, Minn., September 3,_ 19 57 .693 1 • • 1 1 and U. S. 52, be approved and adopted e.s the General Development Plan for that area were each read and upon motion by Schroeder, second by Briese, the recommen- dation of the Survey Committee was approved. All voted in favor thereof. The 'report of the Planning and Zoning Commission that they had reviewed the preliminary plat of Cascade Plaza and find that it conforms to the General Development Plan for that area and therefore recommend that it be granted preliminary approval as to street pattern and lot layout was read. The recommend ation of the Survey Committee that the preliminary plat.of Cascade Plaza be granted preliminary approval as to street pattern and lot layout was also read and upon motion by. Schroeder, second by Haas, the recommendation was approved. i All voted in favor thereof. The following letter from the Rochester Public Schools was read: "Honorable Me.yor and Members of the Common Council City Hall Rochester, Minnesota, Re: Storm sewer at John Marshall High School Gentlemen: We would very much like to secure your help and cooperation in solving our storm sewer problem for the new John Marshall High School. The orderly process of construction has made it necessary for us to completely install our storm sewer and the drains around the new building. We had planned to attach our storm drainage system to the new proposed storm sever drain some time in 1959. Ho,.never, our engineers advise us that both the!, the drains and the main storm sewer drain are rapidly filling with mud and sand, and that we need to unplug our main line and attach it to some sort of a storm drain. The', best solution to this problem seems to be to install the contemplated storm sewer immediately rather than wait until 1958. We sincerely request that you consider the immediate installation of a storm sewer from our manhole number one on the' eastern boundary of the school property to an outlet south of 7th Street along the railroad property. We are advised that this can be done according to your present known plans and specifications. The Board of Education meets tonight and we expect that they will approve of the above request and signify their intention to pay for their proportionate share in the cost of this project. Because of the emergency nature of the^situation, we hope that .you, will be able to take prompt action to get this project com- pleted this fall. Should the Board not unanimously agree to this plan, we shall call the City Council tonight before nine o'clock. Thank you for your consideration. Sincerely, s SAME S V. MOON Superintendent" Alderman Schroeder, Chairman of the Sewer Committee, stated that with the eng ineerl ing facilities employed by the City 'at the .present time it had been -decided that building sanitary sewers would have priority ov.er storm sewers, so consequently no engineering work had been done on storm sewers. He stated that he would attend'. the meeting of the Board of Education and explain the situation to them. A motion was then made by Alderman Haas that the request of .the Board of Education be referred to the!Sewer Committee and theCity Engineer. Alderman Briese seconded 0 694 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., September 3, 1957 • the motion and all voted in favor thereof. The following reportof the Planning & Zoning Commission was read: "Honorable Mayor and Common Council City of Rochester, Minnesota Re: Final Plat of Leitzen's 3rd Addition Gentlemen: The Planning and Zoning Commission, at its regular meeting of July 17, 1957, reviewed the final plat of Leitzen's 3rd Addition and. recommend that it be granted final approval as to street pattern and -lot layout providing that: 1. The 4.2 feet of property on the west end of 13th Street N.E. be deeded to the City for street pruposes when 5th Avenue N.E. is dedicated to the City as shown on the "General Plan of Leitzen's 3rd Addition and Adjoining Property" dated June 3, 1957. (This plan is on file in the City Planning Directorls Office). (See Mr. Leitzen's Letter dated August 29, 1957 wherein he agrees to abide by this decision). 2. The side lot lines be located at right angles to 13th Street N. E. or on radial lines on the curves. (This has been corrected on the final plat). 3. Lot 7 be utilized as a temporary cul-de-sac until such time as 5th Avenue N.E. is extended from 13th Street N.E. to loth Street N.E. and that it not be used as a building site without being -enlarged. (See Mr. Leitzen's letter of August 28, 1957 wherein he agrees to this condition). Respectfully submitted, CITY PLANNING AND ZONING C0MMISSION /s DONALD L. GRUE, President's The recommendation of the Survey Committee that they concur with the Planning and Zoning Commission's recommendation regarding the final plat of Leitzen's 3rd Addition and recommending that It be granted final approval subject to receipt of the City Engineer's report was also read:. The report of the City Engilreer that he approved the plat of Leitzen's Third Addition subject to the conditions of the Planning & Zoning Commission on use of Lot 7 and stating that it meets the requirements of Ordinance 704 in all other respects was also read. A motion was then made by Alderman Schroeder that the recommendation of the -Survey Committee be approved and the City Clerk was instructed to prepare a resolution approving the plat of Leitzen's Third Addition. Alderman Tingley seconded the motion and all voted in favor thereof. President Bach called a short recess at 4:00 P. M..• The meeting was called to order again at 4:45 P.M. The recommendation of the City Planning and Zoning Commission that the preliminary plat of a part of Lot 9, Oak Rest Replat be disapproved for -the follow- ing reasons was read: 1. Thirteenth Street N. W. at it now exists, has a blind double reverse curve where the street swings around the south side of Oak Rest Replat. For homes to have driveway approaches onto a curve of this type is extremely hazardous for vehicles entering orbacking out of the abutting properties. When traffic counts were taken in the fall of 1956, it was found that 13th Street N.W. was carryings 3,713 vehicles per day. Certainly as the northwest section of Rochester continues to develop the traffic volume on this street could increase by 75% to 100% depending on land use patterns. 1 1 • CJ 1 The recommendation of the Survey Committee that the preliminary plat of Part of CJ Record of Official Proceedings of the Common Council • of the City of Rochester, Minn., September 3 , ,19 5 7 695 1 • 1 C 1 Lot 9, Oak Rest Replat be disapproved for the_ reasons set forth in the Planning and Zoning CommissionIs recommendation was read and upon motion by Haas, second by Schroeder, the recommendation of the Survey Committee was accepted. All voted in favor thereof. The recommendation of the Planning and Zoning Commission that they had revbwed the existing alignment of lath Street N. W. from 2nd� Avenue N. W. to 3rd Avenue. N. W. and recommend that it be straightened out to conform with the drawing dated July 23, 1957 and on file in the Planning Director's Office was read together with the recommendation of the Survey, Committee that 13th Street N. W. from 2nd Avenue N. W. to 3rd Avenue N. W. be straightened out to coriform with the drawing dated July 23, 1957 and -on file in the City Planning Directoris Office. President Bach ordered the recommendations placed on file. The following recommendation of the Planning and Zoning Commission was read: "Honorable Mayor and Common Council City', of Rochester, Minnesota Re: 'Proposed School Site in Rolling Greens Addition Eight (g Acres of Land in - the N. E. corner cE the Sa of the N. W. of Section 22, T 107 N, $ 14 W. Gentlemen: The Planning and Zoning Commission at its regular meeting of August 29, 1957 reviewed the proposed school site and zone change matter as requested. We recommend that: 1. The petition requesting a zone change from residential to commercial be denied for the above described tract of land, and 2. The above described parcel of land be acquired for school purposes under the authority of City Ordinance No. 963. Repsectfully submitted, CITY'I PLANNING AND ZONING COMMISSION /s Donald L. Grue, Ohairman" only The recommendation of the Survey Committee (signed/by members R. Schroeder and J.. C. Haas) that the above recommendation of the Planning find Zoning Commission be concurred with was read. IInon motion h�r Aaaa aonn"A i,,. recommendation was accepted. The recommendation of the City Planning and Zoning Commission stating that they had studied the report from the American Society of Planning Officials regarding the use of land for open waterways to carry storm water runoff and recommending that open waterways be disapproved and that as a general long range policy, to be incorporated in subdivision regulations, adequate storm sewer systems shall be'installed in all urban developments was read. The Recommendation of the SurveyCommittee ` (aigned only by members Albert J. Tingley and R. Schroeder stating that they had studied the report from the American Society of Planning Officials `regarding open water ways and recommending that the use of open water ways to carry st;.orm water runoff be disapproved and that as a general long range Policy, adequat6 storm sewer systems shall be installed in all urban developments was also read. A motion was made by Alderman Schroeder, second by.Alderman Morris, 0 ' Record of Official Proceedings of the Common Council 6�6 of the City of Rochester, Minn., September 3, 1957 IL that the recommendation be approved. All voted in favor the reof. 1 .The recommendation of the Police Committee that a'traffic signal be installed on an emergency basis at 14th Street N. W. at its intersection with Highway 52'(although this installation will be of temporary duration, this recommendation is made because of the critical traffic congestion that exists during certain hours of the day) was 'read. A motion was made by Alderman Schroeder that the recommendation be approved. Alderman Tingley seconded the motion and all voted in f avor thereof. 7: 30 P. M. Upon motion by Tingley, second by Haas, the meeting was adjourned until President Bach called the meeting to order at 7:30 P. M., all members being present except Alderman Whiting. The following resolutions were each introduced and read and President Bach declared the same duly passed -and adoptedt A resolution accepting the plat of Rolling•Greens Replat. Upon motion by Haas, second by Schroeder, resolution adopted. All'voted in favor thereof, except Alderman Tingley, who voted Uno". ` Resolution accepting the bid of Carlisle G. Fraser, Inc. for construction of -Section 1 of sanitary relief -sewer line in 7th Street Northeast from llth Avenue Northeast to 670 feet west of llth Avenue Northeast. Upon motion by -Morris, second by Briese, resolution adopted. Resolution accepting the bid of Carlisle G. Fraser, Inc. for construction of approximately 3000 feet of 12-inch cast iron'pipe trunk water main to be located on 18th Avenue Northwest from Cascade -Street Northwest to a point approximately 2280 feet North of the present City limits and on 26th Street Northwest crossing U. S. Highway 52. Upon motioth by Haas, second by Morris, resolution adopted. Resolution granting one public dance permit to Gener Thompson. Upon motion by Morris, second by Schroeder, resolution adopted. Resolution authorizing the Public Utility Board to enter into contract with Sahara Coal Company, Old Ben Coal Corporation, Truax-Traer Coal Company, Northwestern Hanna Fuel Company and Walter Bledsoe and Company. Upon motion by Schroeder, second by Tingley, resolution adopted. Resolution appropriating $110.95 from the General Fund, $1,265.16 from the S & A Fund, $105,89 from the Fire Protection Fund, $45,04 from the Sewer Fund, $564.92 from the Police Protection Fund and $24.16 from the Parking .Mete-r Fund and ordering payment made to the City of Rochester. Upon motion by Tingley, second Briese, resolution adopted. Resolution appropriating $29,068.22 from the P.I.R. Puna dud ordering payment made to Carlton Penz-Riverside Sand & Gravel Company. Upon motion by 1 • 1 • L� 1 Briese, second by Haas, resolution adopted. Record of Official Proceedings of the Common Council • of the City of Rochester, Minn., Sept e mb e r 3. 1957 697 1 • 1 • 1 1 Resolution appropriating $9,649.14 from the P.I.R. Fund and ordering payment made to (Carlton-Penz Riverside Sand & Gravel Company. Upon motion by Haas, second by (Morris, resolution adopted. _ Resolution appropriating $12, 519.-20 from the P.I.R. Fund and ordering -payment made to Carlton Penz - Riverside Sand & Gravel Company. Upon motion by Morris, second by Schroeder, resolution adopted. Resolution appropriating $1, 227.17 from the P.I.R. Fund and ordering payment made to Leon Joyce. Upon motion by Schroeder, second by Tingley; resolu- tion adopted. Resolut on appropriating $8, 590. 51 .from the P.I.R. Fund and ordering payment made to Carlisle G. Fraser, Inc. Upon motion by Tingley, second by Briese,' resolution• adopted. *Resolution appropriating $7; 7s9.36 fro* the P.I.R. Fund" and ordering payment made to darlisle'G. Fraser, Inc. Upon motion by'Briese, second by Haas, resolution adopted. Resolution appropriating $7,313.99 from the P.I.R. Fund and ordering payment made to Carlisle G. -Fraser, Inc. Upon motion by Haas, second by Morris, resolution adopted. Resolution appropriating $25,722.39 from'the P.I.R. Fund and ordering payment made .to Carlisle G. FraEler, Inc. Upon motion by Morris, second? by Briese, resolution adopted. Resolution appropriating $4,975.62 from the P.I.R. Fund and ordering payment made to Carlisle *G. 'Fraser,' Inc. Upon motion by Schroeder, second by Tingley, resolution adopted. Resolution appropriating $2,037.75 from the P.I.R. Fund and ordering payment made to Carlisle G. Fraser, Inc. Upon motion by Tingley, second by Briese, resolution adopted. Resolution appropriating $2,059.04 from the P.I.R. Fund and ordering payment made to Carlisle G. Fraser, Inc. Upon motion by Briese, second by Haas, resolution adopted. Resolution appropriating $4,634.67 from the P.I.R. Fund and ordering payment made to Carlisle G. Fraser, Inc. Upon motion by Haas, second by Morris, resolution adopted. Resolution appropriating $450,00 from the Sewer Fund and ordering payment made to State of ,Minnesota, Pepartment of Conservation. Upon motion by Morris, second by Schroeder, resolution adopted. Resolution appropriating $2, 515.30 from the General Fund and $963.20 from the Police Protection Fund and' ordering payment made to Continental Oil Company, $2,519.30 and P. :E. Romano, $963.20. Upon motion by Schroeder, second by Tingley, I] 6 9 g Record of Official Proceedings of the Common Council of the City of Rochester, Minn., S e p t e m b e r 3, 19 5 7 • resolution adopted. Resolution accepting the bid of The .Maxim Company and Fire and Safety,, Inc. for the furnishing of one aerial ladder truck for use in the Rochester Fire Department. Upon motion by Tingley, second by Briese, resolution adopted. Resolution approving. the plat to be known as Leitzen! s. Third Sub -Division. Upon motion by Briese, second by Haas, -resolution adopted. 0 The following claims were each read and upon motion by Schroeder, second by Morris, 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: Dieter Paper & Marine Supply, $77.95; John Weis 8a Son, $25.40; Lawler's Cleaners, $12.00; Arnold's Supply.Co., $31.50; Peoples Natural Gas Co., $4.19; Clerk of Municipal Court, $48.76; C. A. Cottingham, $76.00; Primus Appliance Center, $175, 00; Trautner Sales Go., $9.90; Louis Hemker, $160, 57; Paul Plantz, $40.25; Charles H. Dornack, $30.0.0; Garnet Spring, $37.65; Garnet Spring, Building Inspector, $19.63; Willetta Hoaglan, $58.05; Joel A. Moore, $120.00. From the Street & Alley Fund: Chilton Hagen, $30.06; Marvin Hemker, $18. 52; Donald Hemle r, $91.00; Peoples Natural Gas Co., $1.06. From the Fire Protection Fund: Industrial Twoel and Garment Service, $9.48; Mine Safety Appliance Co., $192.00; Kenneth Stoltenberg, $67.50; Fire and Safety, Inc. , $2.92; Balch Bros. and West Go., $10.04; Body Guard Mfg. Co., $55.09; Peoples Natural Gas Co., $7.82. From the Police Protection Fund: Reuben A. Rieck, $40.00; Harry Stai, $24.90; Carl J. Briese, $24.90; Weber & Judd Co., $100.00; Alexander Auto Electric, $20.90; Williamson Stamp Co., $15.95; Clements Chevrolet Co., $16.45. From the Parking Meter Fund: The Rochester Visitor, $8.00.. Alderman Briese introduced a resolution instituting condemnation pro- ceedings to construct a public trunk line sanitary sewer from 9th Avenue Northwest to Trunk Highway No. 52 (Part 2) and from Trunk Highway No. 52 to Country Slub Manor First Addition (Part 3), whichiwas read. A motion was made by Briese, second by Haas, that the said resolution be adopted as read, and all voting in favor thereof, President Bach declared -the said resolution duly passed and adopted. Alderman Schroeder introduced a resolution instituting condemnation proceedings for a parcel of land located in a part of the Southeast Quarter of Section 22, Township 107 North, Range 14,West, in Olmsted County Minnesota for the purpose of constructing thereon a public water tower, which was read. A motion was made by Alderman Haas, second by Alderman Morris, that the said (resolution be adopted as read, and all voting in favor thereof, President Bach declared the said resolution duly passed and adopted. The following report submitted by the City Attorney was read: 11 1 • 1 1 • September 3, 1957 "The Honorable Bommon. Council of the City cf Rochester, Minnesota CityHall Rochester, Minnesota Gentlemen: • The undersigned has investigated the following claims against the City of Rochester and recommends that these claims be denied on the grounds that the City of Rochester was not negligent or that the claimant was contributory negligent: (1) The Claim of Mrs. L. B. Stephenson who fell on the public sidewalk in front of Grant's and broke one of the lenses of her 4_ eye glasses. (2) The claim of Huldah Jean Kalass who fell on December 21, 1956 on the sidewalk in front of the premises at 862 - 4th Street S. W. (3) The claim of Miss Rosemary Morgan who fell on October 14, 1956 when she tripped over a curb box in the boulevard in front of the premises at 1116 - 6th Avenue S. E. (4) The claim of Darrell C. Brown whose car `was damaged on April 26, 1957 when a no left turn sign blew over at the inter- section of 2nd Street and Broadway striking his automobile. (5) The claim of John E. Geerdes, Jr. whose automobile was damaged on May 10, 1957 when he scruaed the side of a, fire hydrant on Broadway between 2nd and�5ra Street South. ' ' (6) The claim of Leo Johnson and Julian Renaux whose properties at 1107 and 1111 - 13th Avenue N. W. ' were damaged by surface" water on July 3, 1957• But for the construction of the new high school and the changing of the topography channeling surface water _along the rear of the property in question, there would have been no surface waterl,damage and it is difficult to see how the City of Rochester ca.n Ibe responsible in this situation. The damage occurred along the boundary line between the school property and the properties of Mr. Johnson and Mr. Renaux mentioned. (7) The claim of Harry J. Hessig for alleged damages to his property at 716 - 6th Street S. W. for raising the sidewalk grade. The sidewalk in front of Mr. H.essig's Premises was reconstructed to existing grade and no change of grade is involved. The undersigned recommends that the claim of Kenneth Wallace whos.e automobile was damaged on May 28, 1957 when the manhole cover at the intersection of 8th Street and Sth Avenue S. E. flipped up while his car was passing -over the same.. - Reports on the other claims will be submitted when investi- gations are completed. Very truly yours, s R. V. Ehri ck" Mr. R. V. Ehrick reported that he felt Mr. Kenneth Wallace possibley had some claim and probably should receive a settlement. He also reported that Mrs. Barbara Knesel had received a very serious sprial fracture when she fell on the floor at the golf club house and she would probably have a moral claim but he was still working on it. He also stated that the claims for oil sprayed on cars and buildings had been referred to the proper Insurance Companies. A motion was then made by Alderman Tingley that the report of the City Attorney be approve J and he be authorized to negotiate -for a, settlement of claim with Mr. Kenneth Wallace. Alderman Briese seonded the motion and all voted in favor thereof. An Ordinance amending.an Ordinance entitled, "An Ordinance for the prupose 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 comprehenseive plan,( (changing Lot 20, Lemke's Sub -Division to Multiple Dwelling Zone and changing pieces of property owned by Christophers Graham Trust and Industrial Opportunities September 3, 1957 ' Inc. to commercial zone) was given its first reading. Upon motion by Schroeder, second by Haas, and upon' roll call and all voting in favor thereof, the rules were suspended and the Ordinance was given its • second reading.. Alderman Schroeder moved that the Council reconsider the action taken on August 19, 1957 in regard to being represented at the American Municipal Congress to be held in San Francisco on December.l to 5, 1957. Alderman Tingley seconded the motion and all voted in favor thereof. A motion was then made by Alderman Tingley that the Mayor and any, Alderman wishing to attend the American Municipal Congress to be held in San(" Francisco on December 1 to 5, 1957 be allowed to do so at City expense. Alddrman Morris seconded the motion and all voted in favor thereof. , Alderman Haas stated that he had been approached by a representative of the Rochester Dairy Company in regard to the City purchasing the property owned by the Rochester Dairy on 1st Avenue S. W. in the 500 block ( Old Brewery) to be used for a parking lot.- No action was taken. Alderman Schroeder stated that he felt the Council should study further the matter of instituting more pa.irs'of one-way traffic streets, principally East and [Vest and suggested possibly 2nd Street Southwest and West Center as the traffic on 2nd Street Southwest was becoming heavier all the time. A motion was then made by Alderman Schroeder that this consideration of one-way traffic streets running East and West be referred to the Police .Committee for study. Alderman Tingley seconded the motion and all voted in favor thereof. Alderman Briese introduced a resolution instituting condema.ntion pro- ceedings for the construction of Sections-3 and 4 of NW -SW relief sanitary sewer from loth Street N. W. to the intersection of Sth Avenue N. W. and 5th Street N. W., which was read. A motion was made by Alderman Schroeder that the said resolution be adopted as read. Alderman Haas seconded the motion and all voting in favor thereof, President Bach declared the said resolution duly passed and adopted. Alderman Schroeder introduced a resolution appropriating $100,397.81 from the Parking Meter Fund and ordering payment made to the Sinking Fund (same to be invested for the Parking Meter Fund).which was read. A motion was made by Schroeder, second by Tingley, that the said resolution be adopted as read and all voting in favor thereof, President Bach declared the said resolution duly passed and adopted. Mr. R. V. Ehrick, City Attorney, reported that he had studied the question of whether or not the City could contribute the cost of heat and light to the Olmsted County Historical Society and in his opinion the City could not contribute to the cost of light and heatrfdr the said Olmsted County I! Record ;of Official Proceedings of the Common Council of. the City of Rochester, Minn., September 3, 1957 Historical Society. A motion was made by Alderman Schroeder that they be officiall notified by the (City Clerk of the Findings of the City Attorney. Alderman Morris seconded the motion and all voted in favor thereof. Alderman Schroeder moved that in view of the fact that they now knew the approximate amount of money in the General Fund that the Health Department be .authorized to.purchase a garbage pickup truck. Alderman Briese seconded the motion and all voted in favor thereof, except Alderman Tingley who voted "no". Upon motion by Morris, second by Schroeder, the meeting was adjourned until .7:30 O'clock F.. M: on September 16., 1957. Record of Official Proceedings of the Common Council of the City of Rochester, Minn., ji I 1 I. • I t� i ;I (I , I' I