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HomeMy WebLinkAbout03-29-1965• Record of Official Proceedings of the Common Council of the City of Rochester, Minn., March 29, 1965 60511 • L] 1 • r� Minutes of a regular meeting of the Common Council.of the City of Rochester, Minnesota, held in the Council Chambers in the City Hall, in said City, on March 29, 1965. President DeVries called the meeting to order at 7:30 o'clock P. M., the following members being present: President DeVries, Alderman Day, Eichten, Hanlon, McCaleb, Perry,Wilson A letter from Holmes Elementary School P.T.A. requesting that they be allowed to continue to use loth Avenue between Center and First Street S. E. as a playground during school hours, was read. Upon motion by Wilson, second by Eichten, and all voting in favor thereof, letter was referred to the Public Safety Committee. A letter from the Board of Park Commissioners suggesting that the City have an appraisal of all their buildings and equipment, was read and upon motion by Perry, second by Eichten, and all voting in favor thereof, the letter was referred to the Finance Committee. A letter from the State of Minnesota, Department of Taxation, informing the Council of the annual instructional meeting for assessors and local board members to be held at 10:00 A. M. on March 31, 1965 and urging that some members of the Council attend, was read. All members of the Council able to attend were requested to do so. A notice of injury of Mrs. Leslie (Ramona) McDowell in the amount of $6,000.00 for injury reedived when she slipped and fell on sidewalk in front of the Lawler Theatre, was read and upon motion by Wilson, second by Eichten, and all voting in favor thereof, the same was referred to the City Attorney. A notice of injury of Ann Mae Betcher in the amount of $10,000.00 for injury received when she slipped and fell in front of 328 South Broadway, was read and upon ]motion by Wilson, second by Eichten, and all voting in favor thereof, the same was referred to the City Attorney. A letter from Mrs. Charles P. Jensen of 1105 - 14th Avenue N. E. stating that she 'felt a hazardous condition existed at the railroad tracks crossing at 5th Street and 4th Avenue N. W., was read. She stated that one morning when driving to work and crossing at 5th Street and 4th Avenue N. W., they noticed a freight train from their right about a block away, it was approaching 4th Avenue at.approximately 15 to 20 miles an hour, there was no flagman at the crossing, no lights, no warning; the bell on the train was ringing but they could not hear it until they had corssed in front of the train; no whistle was blowing, the heater in their car made it even more difficult to hear any outside noises. Upon motion by Perry, second by Eichten, and all voting in favor thereof, the letter was referred to the Minnesota Railroad & Warehouse Commission and also a copy to the Chicago North Western Railway Company, with the thought that if a flagman'or automatic flasher signal is not warranted for this crossing, it seems that at least the horn or whistle should be sounded. A letter signed.by Robert C. and Virginia F. Neill requesting approval to allow the Rochester Municipal Airport bus operated by the Yellow Cab Company to stop at the Penguin Motel at 512 Third Avenue Southwest, was read. Also a letter from Yellow Cab Corporation stating that in order to comply with this request it would be necessary to extend their 0 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., March 29, 1965 4) LA-60719 down -town pick up zone south on 5th Avenue S. W. to 6th Street S. W. and east to Broadway, was also read. Upon motion by Wilson, second by McCaleb, and all voting in favor thereof, the utters were referred to the Public Safety Committee. Mr. Robert Neill was present and urged that the Council give favorable consideration to their request. A petition signed by Walter C. and Lois L. Bielen requesting that the property at 31 - 13� Street N. W. be changed from the R-3 District to the B-lb District, proposed use of the property to be a restaurant, beauty shop, motel, was read and upon motion by Wilson, second by Hanlon, and all voting in favor thereof, the petition was, referred to the Planning and Zoning Commission. A letter signed by Vernon D. Wendland stating that it is the purpose of the owners of the Fifth Avenue Motel Apartments building located at 20 - 5th Avenue Northwest to provide outside parking for their tenants; they have an opportunity to purchase the property "kitty corner" from from the apartment building located at 103 - 5th Avenue N. W.; they wish to remove the buildings on the 103 - 5th Avenue N. W. property and use the entire lot for parking; they request that Article 41 Paragraph 41.093 of Ordinance 1296 be varied to allow them to do this, was read. Upon motion by Perry, second by Hanlon, and all voting in favor thereof, the letter was referred to the Planning and Zoning Commission. A letter signed by Edward Vinopol 6f melvin Goldin & Associates stating that they request that sewer and waterservice be furnished to their property located west of John Marshall High Schoolwas read and upon motion by Wilson, second by Eichten, and all voting in favor thereof, the same was referred to the Public Works Committee. The bond for lost warrant signed by Margaret E. Underwood in the amount of $180.00 was read. Upon motion by Wilson, second by McCaleb, and all voting in favor thereof, the bond was approved, the surety thereon accepted and the City Clerk was instructed to issue a duplicate warrant. The recommendation of the Finance Committee that the Library Board be authorized to purchase a new charging system for library and that funds for this purchase be made out of the Permanent Improvement Fund, was read. Upon motion by Eichten, second by Hanlon, and all voting in favor thereof, the recommendation was approved. The recommendation of the Finance Committee that a joint study be undertaken with the Board of Trustees of the Rochester Public Library regarding the need to inaguarate bookmobile service, both on a local level and on a county -wide basis, was read. Upon motion by Perry, second by Hanlon, and all voting in favor thereof, the recommendation was approved. The recommendation of the Finance Committee that permission be granted to proceed with the construction of the City Scale, which has been bndgeted for in 1965 and the total cost of construction to be approximately $1,300.00, was read. Upon motion by Eichten, second by Wilson, and all voting in favor thereof, the recommendation was approved. The recommendation of the Finance Committee that Miss Lucille Gottry and Mr. Wm. Sperling be authorized to attend an extension workshop at Waseca, Minnesota, on April 5 and 6, 1 is 1 1 • 1 C] • Record of Official Proceedings of the Common Council of the City of Rochester, Minn., March 29, 1965 1 E 1 1 • 1 at city expense, was read. Upon motion by Wilson, second by Perry, and all voting in favor thereof, the recommendation was approved. The recommendation of the Finance Committee that C. A. Armstrong, City Engineer, be authorized to attend a.concrete paving seminar at St. Cloud, Minnesota, on April'l.and 2, 1965 and a meeting of State Committee.for Certification.of Sewage Operators at the University of Minnesota on April 9, 1965,. at.city expense, was read. Upon motion by Eichten,. second by Wilson, and all voting in favor thereof, the recommendation was approved. . The recommendation of the Finance Committee that the City of Rochester enter into ,agreement for support of a Community Mental Health Center was read and upon motion by Hanlon, second by Eichten, and all voting in favor thereof$ the -recommendation was approved. Alderman Perry moved that the twelve resolutions appropriating city funds for various purposes be considered by the Common Council as a single group, each alderman having previously examined each individual resolution; Alderman Dayseconded the motion and all voted in favor thereof. A motion was then made by Wilson, second .by Day, .that the following twelve.resolutions be adopted as read, and all voting.in favor thereof, President DeVries declared the said resolutions duly .passed and adopted:, 1.. Resolution appropriating $2,580667 from the General Fund and $246.81 from the Street & Alley Fund and ordering payment made to Legionville $1,3 75.00; Armory Board $250..00; Cooperative Oil Company $225.84; Merlin H.,Berg $322.40 and Wm.. H.Ziegler Co. $254.24. 2. Resolution appropriating $80.83-from the General Fund, $338.09 from the S & A Fund, $202.95 from the Fire Fund; $64.43 from the Sewer Fund,. $515.41 from the Police Fund and $9,408..40 from the Lighting Fund and ordering payment made to Peoples Natural Gas $390.97; N. W. Bell Telephone Company $12-002.09 and City. of Rochbster, P.U. $9,563.5A. 3. Resolution appropriating $401.96 from the Fire Protection Fund and ordering payment made to Frank W. Everett $200.98 and Jerry Jerabek $200.9.8. 4. Resolution appropriating $817.02 from the Fire Protection Fund and $3,279.74 from the.S & A Fund and ordering payment made to Standard Auto Parts $817.02; Morton Salt.Co. $1,434.00; International. Salt Company $717.00 and .Hall Equipment, Inc.. $311.72. . 5. Resolution appropriating $5,199.19 from the General Fund and ordering payment made to Public. Utility Fund. .6. Resolution appropriating $2,148..18 from .the Street & Alley. Fund and ordering payment made to B. DeWitz $876.32; Leon Joyce Construction Company $202.50; Doyle Conner Co. $60.6.38 and B. DeWitz $462..98. 7. Resolution appropriating $3,770.60 from the Street & Alley Fund and ordering payment made to Stanley Watson $718.86; Jack Capelle $.754.69; Kenneth Keefe,$644•.64.; Alden Rud $391.93,; Glynn Pyffereoin $328.42; Phil R. Ziemann $741.04 and Phil Ryan $835.66.. 8. Resolution appropriating $1,600.00 from the Music Fund and $23,539.55 from the P..I.R. Fund and ordering payment made to Permanent Improvement Fund $1,600.00 and General Fund $23,539.55,. 0 9. Resolution apip ropriating $31,070.94 from the Parking Meter Fund and $39,866.56 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., March 29, 1965 from the General Fund and ordering payment made to Permanent Improvement Revolving Fund. 10. Resolution appropriating $4,413.86 from the Auditorium Fund, $206.64 from the Lighting Fund and $1,424.7.9 from the General Fund and ordering payment made to Park Department $1,654.74; E11erbe'Architects $215.32; Dornack & Sons, Inc. $1,282.00; Mobil Oil Company $1,424.79 and City of Rochester, Pub. Utilities $1,468.44. 11. Resolution appropriating $1,014.69 from the P.I.R. Fund and ordering payment made to Agneberg-Sankstone & Associates, Inc. 12. Resolution appropriating $2,341.36 from the General Fund and $47,623.88 from the Permanent Improvement Fund and ordering payment made to Permanent Improvement Revolving Fund. The following claims were each read and upon motion by Wilson, second by McCaleb, and all voting in favor thereof, 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: Mrs. Marjorie Adams $77.10; Mrs. Patricia Amodt $53.86; Mrs. Georgia E. Anderson $59.32; Mrs. Irene Bartholmew $36.36; Mrs. Eileen Berg $40.91; Mrs. Mary M. Beyer $72.69; Mrs. Mary M. Chapman $74.51; Randolph Cohn $59.39; Mrs. Ann M. Cook $95.32; Mrs. Elvera Cordes $190.26; Mrs. Delores L. Dalton $12.84; Mrs. Jeanette Dunlop $63.73; Mrs. Dorothy Elias $54.00; Mrs. Ellan Evans $155.50; Ralph Fogarty $46.58; James W.. Gage $50.85; Mrs.. Joyce Gibbs $50.78; Mrs., Patricia Glasenapp $42.10; Mrs. Marjorie Goodrich_$78.92; Tilford. Halvorson $51.77; Mrs.. Gladys $ammel $128.5.1; Mrs. Caroline Hanson $138.18; Richard Ivins $10.60; Mrs. Marjorie Jacobson $58.13; Mrs. Jules C. Johnson $48.48; Mrs. Donna Jorgenson $116.07; Mrs. Ella Kiecker. $104.49; Mrs. Sharon L. Klavitter $69.82; Eugene Koepsell $54.63; Bruce Lang maack $92.64; Mrs. Alaine Larabee $139.51; Mrs. Lorraine L. Lee $67.09; Mrs. Sylvia Lemke $36.43; Mrs. ,Phyllis Lutter $42.38; Mrs. Marguerite Martens $67.72; Mrs. Nancy Martens $44.13; Mrs. Carolyn Merriam $57.01; Mrs. Florence Miller $19.69; Gloria Mundstock $88.02; Mrs. Mavis Neis $54.07; Mrs. Vigginia Nelson $61.43; Mrs. Ellen Olson $71.22; Leon Peterson $17.74; Mrs. Margaret H. Peterson $5.00; Mrs..Lucille Reinalda $29.92; Mrs. Raymond Reinalds ,$57.36; Mrs. Mary Remington $33.70; Mrs. Carolyn Richards $64.08; RobertRieder $206.50; Theodore C. Ritter $418..72; Susan Rosen $53.02; Gwendolyn Ruesink $55.89; Mrs. Shirey Ryberg $145.14; Mrs. Beatrice Sandum $29.08; Mrs. Frances Schaefer $50.57; Mfss Diane Shonyo $51.83; Myra Sullivan $204.56; Betty Jane Supalla $69.05; Mrs. I. Geraldine Tervo $161.36; Pellman R. Thede $67.30; Mrs. Phyllis Thiel $5.00; Mrs.. MaryAlice Tjepkes $111.47; Helen I. Towey $115.76; Mrs. Marleen Wacholz .$5.00;.Mrs. Dorothy M. Walinski $51.41; Mrs. Jean M. Naller $86.64; Mrs. Susan S. Warren $70.10; Wallace W. West $66.61; Henery Wheeler .$61.49; Carl B. Winans $33.84; Mrs. Elizabeth Winkler $74.72; Walton Witzke $152.10; Floyd J. Yanser $50.99; Mrs. Laverne Zabel $70.17.; Mrs. Dorothy Paulson $69.18; The Zeco Company $31.77; Frederick Hughes $44.25; Ivan Boyd $23..10; Thomas Office Equipment $145.00; Minnesota Municipal Commission $25..00.; Mpls Blue Printing Company $188.91; N. W. Bell Telpehone Co. $50.40; Mayo Civic Auditorium $60.00; Veterans of World War I $42.49; Rochester Transfer & Storage $22.52; Matthew Bener &Co.. $17.50; Wayne TerVeer $16.88; Olmsted Medical Group $19.50; Beckley's Inc. $70.15; Olson Graphic • 1 1 • 1 u • Record of Official Proceedings of the Common Council of the City of Rochester, Minn., March 29, 1965 6571 a Products $6.90; American Linen Supply $12.75; Burton Baker $22.00; Dieter Paper & Marine Supplies $'41.36; Fire & Safety, Inc. $81.00; and Maier Lavaty Company $25.40. From the Street & Alley Fund: Elwin Williams $20.00; Standard Oil Company $139.57; M. S. Cooper & Company $112.20; Clements Chevrolet $117.95; Wm..H. Ziegler $246.81. From the Fire Protection Fund: Culligan Soft Water $.90; Linda Supply Co.$15.80; Gold Cross Ambulance Service $5.75; National Fire Protection Assn. $15.32; Cochran & Gillespie $27.00; Adams $6.00; Clarks Home Fair $13.00; and Everson Ross Company, Inc. $9.01. From the Police Protection Fund: Fire & Safety Inc. $3.50; Boston Shoe Repair . $8.32; Davis Oldsmobile Co. $.40; Filmshops $77.54; James Fister $10.49; International Assn. of Police Chiefs $150.00; Goodyear Service Stores $40.76; Pulver Motor Service $24.00; James J. Macken, Jr. $21.50; Lee E. Graham $39.96; Maier Lavatty Company $25.40; From the Sewer Fund; Sanfax Corporation $190.20; S. M. Supply.$23.74; Pink Supply Co. $93.77; Fadden Pump Co. $100.00; Roberts Foods, Inc. $16.40; Crossroads Hardware, Inc. $9.90; Woodruff Company $4.86; and Murphy Motor Freight Lines $3.52. From the Auditorium Fund: Cal Smith, Manager $16.80; Schmidt Printing Co. $74.75; i Quality Printers & Stationers $4.07; Peoples Natural Gas $80.69;_Lew Bonn Company $19.90; Hillyard Sales Company $96.20; City of Rochester $1.84; Atlas Paper & Supplies $109.49; and N. W. Bell Telephone Co. $81.20. From the Music Fund: Schmidt Printing Co. $67.35; N. W. Bell Telephone $31.95; Mrs. Evelyn Warner $45.00; Mrs. B. L. Garness $40.00; Gerhard P. Schroth $126.70; Rochester Visitor $8.00; Rochester Post Bulletin $24.00; Andersons Formal Wear $10.45; H & H Electric Co. $8..95; Schmidt Music Company $168.15; Montes Gift & Stationery $9.30; Mayo Civic Auditorium $65.00 and Adams Book Store $8.70. Mr. Thomas Wolf, Attorney representing Madonna Towers, a Minnesota Corporation, presented a petition to have the following described property changed from R-2 to R-4 District: Lot Two (2), Block Three (3) and Block Two (2), Silver Acres Addition, less that part of Block 2, Silver Acres Subdivision and a part of 21st Avenue Northwest lying westerly and adjacent to said Block 2, the entire tract being described by metes and bounds as follows: Beginning at a point on the south line of Block 2 which is 362.12 feet west of the Southeast coerner thereof, thence North at right angles to the south line of Block 2 a distance of 225 feet, thence west at right angles a distance of 342.85 feet to a point on the west line.of 21st A enue Northwest, thence Southeasterly at a deflection angle of 112 Negrees to the left a distance of 144.63 feet to the beginning of a curve to the right whose delta angle is 10 degrees 6 minutes 18 seconds and radius 539.96 feet, thence Southerly along said curve a -distance of 95.23 feet tothe point of tangent of said curve which point being on the south line of said Block 2 if extended west, thence East at a deflection angle of 78 degrees 7 minutes to the left from the tangent of said curve a distance of 261.65 feet tothe place of beginning. Hesaid the proposed use of this property was to construct a high rise home for the aged includingll inf&rmary for human,care and community development project; he stated the reasons for this petition was that the original maps and plans indicating the proposed construction of Madonna Towers and accompanying town houses and community -development project had been approved by the Council by resolution on December 8, 1964; that the premises were inadvertently placed in a R-2 zone by the new Zoning Ordinance which does not allow the construction of the already authorized Tower and town houses, the petitioners have expended large sums of money relying upon the • a F7 656 Record of Official Proceedings of the' Common Council of the City of Rochester, Minn., March 299 1965 u resolution of previous variance enacted by the Council and are ready to start construction on the said premises;•he said Article 24 of the new Zoning Ordinance provides for zoning district known as R-4 which specifically covers under sub -'section 24.002 "clinics for human care, homes for -the aged ." and -that section would also allow multiple family resident district known as a row houses under said Section 23.002; he requested that the Council grant these changes so they could -go ahead with their project. After furtherdiscussion a motion was made by Alderman Hanlon that inasmuch as this was apparently an error or an oversight, that the City Attorney be instructed to prepare an ordinance amending the Zoning Ordinance as was originally approvedby the -Council (changing Lots 1 and 2,.Block 1, Silver Acres Subdivision to R-3 MULTI FAMILY RESIDENCE DISTRICT - MEDIUM DENSITY and changing Block 2, and Lot 2, Block 3, Silver Acres Subdivision -to R-4 MULTI FAMILY RESIDENCE,DISTRICT.-HIGH DENSITY); Alderman McCaleb seconded the motion and all voted in favor thereof: Alderman Hichten introduced a resolution authorizing and directing the Mayor and City Clerk to execute agreement between the City and County of Olmsted relative to establishing and maintaining of a Community Mental Health Service. Upon motion by Day, second by Wilson, and all voting in favor thereof,"President DeVries declared the•resolution duly passed and adopted. A resolution transferring $400,000.00 of General Fund Invesements to "Reserve for Land and Buildings" account within the Permanent Improvement Fund -was read. Mr. Burton Baker, Finance Officer, stated that•he•would like to see this handled this way, the General Fund as of April 1, 1965 would have a surplus and hethought that the approximate $850,000.00 was -too large to carry in the General Fund; he said he would like to see it transferred to the Permanent Improvement Fund and there be earmarked forfuture buildings or purchase of lands. Alderman Hanlon stated that he was not aware that this was -coming up, he said they had discussed this at the committee level.but no decision had been made; he said he ghought the Council as a whole should meet on this and decide just exactly what they wished to do with the money. It.wasalso noted that once the money has been transferred to a different fund it can not be transferred back. No further action was taken and the matter was to be brought before the Council as.a whole for further discussion. A resolution concerning annexation problems and proposed annexation legislation now being considered by the legislature (making recommendations for amendment to various parts of Chapter 414 of the Minnesota Statutes) was read. A motion was made by Day, second by Perry, that the said resolution be adopted as read, and all voting in favor thereof, President DeVries declared the said resolution duly passed and adopted. (The City Clerk was instructed to send copies of this resolution to the Mayor and Council, the Governor and Lieutenant Governor, Senabor Krieger, Representative Quirin, members of the Senate Civil Administration Committee and members of the House Municipal Affairs Committee). Alderman Hanlon asked it is would be appropriate at this time to request the Legislature to study the matter of theallocation of State Aid Funds to School Districts, he said money had been spent in the recent study made by the Bureau of Field Studies and Surveys of the 1 • 1 1 0 E r� u Record of Official Proceedings of the Common Council of the City of Rochester, Minn., J$F-ch 29, 1965 1 E 1 1 • 1 College of Education of the University of Minnesota and this survey indicated that reorganization is the Rochester area could result in a reduction of state aid paid to reorganized or consolidated schools. R. V. Ehrick, City Attorney, stated that apparently this allocation of State Aid is a very touchy one and in developing the present State Aid System it took plenty of time and extensive meetings, and the thing he worried about was that we don't know the various phases that are at work here in connection with these aids and we might inadvertently stir up a hornets nest; he said it was his understanding that there is no legislature at the present time and he was wondering if it appears to be a hopeless task, if we should get better informed before we make some kind of proposal. Alderman Hanlon said even if it can not be accepted in this session, we could tell them how.we feel on this subject. Mr. Ehrick said he'thought if they said that on the basis of a recent evaluation of schools in the if Rochester district it appeass that/action were taken to establish an independent school district or consolidated school it would `result in reduction of state aid paid to the reorganized or consolidated schools and therefore a review of aid formula is indicated, this would bealright. Mr. Ehrick was instructed to draft a resolution on this subject to be presented at the next meeting. An Ordinance granting to the Rochester Bus Line, Inc. a non-exclusive franchise to establish, maintain and operate a public bus line or service upon and along the streets of the City of Rochester, which was given its first reading Qn March 15, 1965, was again brought up. Alderman Eichten stated that he would like to see this considered on the basis of granting the franchise -for a few years and in the, meantime the operation be observed more closely. Alderman Perry moved that this be tabled until their financial statement is received; his motion was lost for want of a second. A motion was then made by Alderman Day that the ordinance be amended to change the length of the franchise from ten (10) years to five (5) years; Alderman Eichten seconded the motion and upon roll call Day, Eichten, McCaleb and Perry voting "aye" and Hanlon, Wilson and DeVries voting "no", President DeVries declared the motion carried and the ordinance amended. Upon motion by Day, second by Wilson, and upon roll call and all voting in favor thereof, the rules were suspended and the ordinance was given its second reading. Upon motion by Day, second by Hanlon, and upon roll call and all voting in favor thereof, the rules were suspended and the ordinance was given its third and final reading. A motion was then made by Wilson, second by Day, that the said ordinance as amended, be adopted and all voting in thereof, President DeVries declared the said ordinance duly passed and adopted. Alderman Hanlon stated that the meeting with the Council, the County and the School Board on data processing equipment had been changed to April 26, 1965. Upon motion by Hanlon, second by Wilson, and all voting in favor thereof, the meeting was adjourned. City Clerk