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HomeMy WebLinkAbout11-15-1965250: Record of Official Proceedings of the Common Council of the City of Rochester, Minn., November 15, 1965 • CC•38888 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 November 15, 1965. President DeVries called the meeting to order at 7:30 o"cicok P. M., the follow- ing members being present: President DeVries, Aldermen Day, Eichten, Hanlon, McCaleb,Perry and Wilson. (Alderman Hanlon arrived at 8:00 P. M.) Upon motion by Wilson, second by Eichten, and all present voting in favor thereof, the minutes of the meeting of November 1, 1965 were approved with the correction that on the last page, last paragraph the name be changed from Paul Zollman to Robert Zabel. President DeVries stated this as being the time and place set for hearings on the following: Hearing on the petition to vacate a portion of 5th Avenue S. W. between 2nd and 3rd Street S. W. There was no one present wishing to be heard., President DeVries declared the said hearing officially closed. A motion was then made by Eichten, second by Wilson, that the City Attorney be instructed to prepare a resolution vacating that portion of 5th Avenue S. W. between 2nd and 3rd Street; Alderman Perry stated that he thought the cost for damage should paid to the City by the owners for the encroachment and a closer check should be made as to where the lot lines are before permits are issued; R. V. Ehrick, City Attorney stated that our Charter provided to allow the City to set a cost or price for vacation of lands but this could apply only to lands dedicated. A motion was then made.by Alderman Perry that the above motion be amended to include in the resolution the provision that the cost be determined and attached thereto; his motion was lost for want of a second. President DeVries then called for a vote on the original motion that the City Attorney be instructed to prepare a resolution vacating the said land; all voted in favor thereof. Alderman Wilson then introduced a resolution vacating the public easement for all lawful purposes over, under and along that portion of Fifth Avenue Southwest described as follows, which was read: Beginning at the northeast corner of. Lot Eight (8), Block Fourteen (14) Head & McMahon's Addition, and running thence Easterly a distance of four inches along the.north line of said Lot Eight (8) if extended, running thence Southerly parallel to the east line of Lots Eight (8), Nine (9), and Ten (10), Block Fourteen (14) in said Head & McMahon's Addition to a point four inches Easterly of the southeast corner of said Lot Ten (10) on the south line of said lot extended, running thence Westerly a distance of four inches to the southeast corner of said Lot Ten (10), running thence Northerly along the east boundary line of said Lots Eight (8), Nine (9) and Ten (10), Block Fourteen (14), Head & McMahon's Addition, to the point of beginning. A motion was then made by Wilson, second by McCaleb, that the said resolution be adopted as read and all voting in favor thereof, except Aldermen Day and Perry who voted "no", President DeVries declared the said resolution duly passed and adopted. Hearing on the petition to vacate the water rights on the petition to vacate the water rights of the City of Rochester in Lot 65 of State School Subdivision of Section 36-107-14 in Olmsted County, Minnesota. Mr. Harold Krieger, Attorney representing the petitioners, was present in regard to the property on East Center Street on the west bank of the river; he said they request this vacating because in setting up the East 1 • 1 C� 0 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., November 15, 1965 251 1 i 1 1 • 1 Center Street Building (professional building owned by. Dr. Bergland and Dr. Sheridan) they had surveys run and the water rights determined and it was found that the Northeast corner did extend over a small portion of the water right;•he said Drs. Bergland and Sheridan were willing to enter into an agreement with the City to deed necessary property to the City of Rochester needed to widen the East Center Street Bridge, if and when the same was done, if this were vacated. There was no one else present wishing to be heard. President DeVries declared the hearing officially closed. A motion was then made by McCaleb, second by Eichten, that the City Attorney be instructed to prepare a resolution vacating the said water Bights in Lots 65 of Section 36-107-14, all voted in favor thereof. (The City Attorney was also to draft an agreement to be filed by Dr. & Mrs. Sheridan and Dr. & Mrs.. Bergland re deeding property to the City if and when the bridge is widened). Hearing on approval of Community Development Project on Block 1, Resubdivision West part of Block 1, Silver Acres Subdivision. There was no one present wishing to be heard. President DeVries declared the hearing officially closed. Upon motion by McCaleb, second by Wilson, and all voting in favor thereof, the City Attorney was instructed to prepare a resolution approving the said Community Development Project. Hearing on approval of the final plat of Resubdivision of West part of Block 1, Silvex Acres Subdivision. The plat had not been presented so upon motion by Wilson, second by Eichten, and all voting in favor thereof, the hearing was continued until December 6, 1965 at 7:30 P. M. The recommendation of the Public Safety Committee stating that they had met with representatives of Peoples Natural Gas Company on their policy for handling of emergency complaints received after business hours; the representative indicated that emergency service will be available from September 1 through April 30 and the Company will have a man on duty, or available, to receive and remedy complaints during that period; the Public Safety Committee believes that the policy of Peoples Natural Gas is adequate at.this time. Mrs. William Beauseigneur, Mrs. Helmer Ronda and T. R. St. George were each present and again complained about the service given by the Peoples Natural Gas Company. The recommendation of the Public Safety Committee was ordered placed on file. The following recommendation of the Planning and Zoning Commission was read: "Honorable Mayor and Rommon Council City of Rochester, Minnesota Re° Application to Vary the provisions of Paragraph 52.020 of Ord. No. 1296 as they apply to the proposed construction of a building on Lot 4, Block 6, Head & McMahon's Addition (414 - 7th St. S. W.) Gentlemen: The City Planning and Zoning Commission at a regular meeting held on November 10,1965 reviewed the application to vary the provisions of Paragraph 52.020 of Ord. No. 1296 which requires an additional 2 inches o f side yward for each one foot of building depthtbeyond a 40 ft. length. The owner proposes to construct a four -family dwelling on this lot, which together with the vacated alley has a frontage of 68 ft. and an area of 10,608 S.F. and is a permitted use in the R-2 Distfict. The building proposed to be constructed is 86 ft. in depth and as a result the required side yard needed are 12 ft. plus an additional 7 ft. 8 inches for a total of 19 ft. 8 inches and 16 ft. plus an additional 7 ft. 8 )i 0 2 Record of Official Proceedings of the Corrimon Council of the City of Rochester, Minn., November 15, 1965 inches for a total of 23 ft. 8 inches. This leaves a buildable width of 24 ft. 8 inches which is not adequate for the proposed use. The width of the proposed building is 40 ft. The property is adjacent to a park on the east side and a single family dwelling on the west. There would be no detrimental effect on the park from this variance as the building would be located 16 ft. from the east property line, and it would be located 12 ft. from the west line adjoining the residential property on the west. We, therefore, recommend that the provisions of Paragraph 52.020 of Ord. No. 1296 be varied and only the required minimum yard space of 12 ft. and 16 ft. be -provided as specified in Paragraph'22.04 of Ord. No. 1296 for a 2-2k Story building used for a four family dwelling. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION /s John F. Bregnman" Mr. Ivar Silvernagle was present and urged that this variance be granted, he said the property borders on the Park on two sides, the lot is 156 long and they needed the extra on the sides to construct the building as planned. R. V. Ehrick, City Attorney, stated that he could see no legal basis for the variance. A motion was then made by Day, second by Wilson, that the recommendation be accepted and a hearing on the requested variance be set for 7:30 P. M. on December 6, 1965. Mr. Peter Canellos, Civil Defense Director, was present and gave a recap of activities of the new Director as of July 22 through November 15, 1965. He also presented a quarterly written report which was ordered placed on file. Mr. Frank Thompson, General Manager of Abel Cable, was present and submitted a proposal to an addition to Abel Cable's programming to fill every channel on the television dial; the proposal would provide 12 channels and would increase the rates 95(,% per month; included would be a 24 hour a day weather and news program; upon motion by Perry, second by Eichten, and all voting in favor thereof, the proposal was referred to the Public Safety Committee. The Mayor's appointment of Robert Miller of 1640 Second Avenue Northeast to the position of Records and Identification Officer in the Rochester Police Department was read and upon motion by Perry, second by Day, and all voting in favor thereof, the appointment was approved. The Mayor's appointment of Arthur Mueller of 30 - 14th Avenue Northeast to the position of Detective in the Rochester Police Department was read and upon motion by Day, second by Perry, and all voting in favor thereof, the appointment was approved. A letter from the Rochester Airport Commission stating that they had reviewed the estimates and periodic cost estimate for Project #9-21-079-C607 and requesting the Common Council to approve same (K. M. McGhie Engineering Services $9,413.06 and Rochester Sand & Gravel Company $27,405.00)was read and upon motion by Day, second by McCaleb, and all voting in favor thereof, the same was accepted and payment was authrozied. A notice from the League of Minnesota Municipalities of a meeting for Mayors and Councilmen to be held on November 19, 1065 at the Coffman LMemorial Hall was read and upon motion by Perry, second by Day, and all voting in favor thereof, any�.member of the Council and the Mayor were authorized to attend at city expense. • 1 1] 1 Record of Official Proceedings of the Common Council 2 5- v. of the City of Rochester, Minn., November 15, 1965 I�L • 1 1 • 1 A resolution adopted by the Public Utility Board which reads as follows was read: "Be it resolved by the Punic Utility Board of the City of Rochester that the Common Council of said City authorize the said Board to enter into a contract with Dolan-Feldhaus Company for furnishing in accordance with spedificiations on file 3 - 333 KVA Subway Type Transformers the amount of the contract to be Sixty Eight Hundred Seventy Three Dollars ($6,873.00) and the Dolan-Feldhaus being the lowest responsible bidder meeting specifications. Be it further resolved that the Common Council direct the Mayor and City Clerk to execute the contract documents." Upon motion by McCaleb, second by Day, and all voting in favor thereof, the resolution was approved. The following resolution adopted by the Board of Park Commissioners was read and upon motion by Day, second by Eichten, and all voting in favor thereof, the resolution was refer to the Public Safety Committee: RESOLUTION RE: ZUMBRO RIVER FLOOD BASIN SOUTH OF 12th STREET S. W. WHEREAS, the area south of 12th Street Southwest is expanding rapidly, and WHEREAS, there is an area along the Zumbro River south of 12th Street S.W. that could be developed as an addition to the Soldier's Field Golf Course, or as a neighborhood play field, or as a general park, and WHEREAS, the area above mentioned is subject to periodic flooding, and WHEREAS, the above mentioned area is unsightly at present, and WHEREAS, the above mentioned area is going to become more obvious to the public when the south belt line, or an extension of 16th Street,.or an extension of Memorial Parkway is completed, and WHEREAS, if the above mentioned area is still private property when the above mentioned thoroughfares are completed it could become a public eye sore and liability, and WHEREAS, in its present state it should be economical to purchase. NOW, THEREFORE, Be .it Resolved by the Board of Park Commissioners in regular session meeting assembled, that they recommend to the City that arrangements be made for the acquriing of the above mentioned lands at the earliest possible date. A summons of Michael J. Higgins, Plaintiff vs. the City of Rochester, a Municipal Corporation, Mayo Foundsation A Corporation, and Ross T. Husband and Frances E. Husband as individuals and co-partners d/b/a Orlen Ross Furniture, Defendants was read and upon mot by Day, second by McCaleb, and all voting in favor thereof, the summons was referred to the City Attorney. A notice from the Railroad and Warehouse Commission re schedule modifications, minor rate change and student fare increase for Rochester Bus Line, Inc. was read and President DeVries ordered the same placed on file. A notice from the Railroad and Warehouse Commission in the matter of application for Irregular Route Common Carrier Permits in the State of Minnesota was read and President DeVries ordered the same placed on file. A letter signed by John Bakke, Personnel Director, that the establishment of the new job of Records and Identification Officer in the Police Department makes it necessary to incorporate this position into the "Schedule of Entrnace Steps" between the positions of Detective and Police Captain, the Police Chief is in agreement with this action and he recommends its adoption, was read and upon motion by Day, second byy:Wilson, and all voting in favor thereof, the recommendation was accepted. 40 254 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., November 15, 1965 CCAU An application signed by Frank L. Anderson to have Lots 9-10 and 11 in Block 2, Parkins Addition annexed to the City of Rochester was read and upon motion by Wilson, second byhDay, and all voting in favor thereof, the same was referred to the Planning & Zoning Commission. A petition with 15 signatures requesting that two hour parking signs be erected on the east side of 6th Avenue N. W. from the C.N.W. railroad tracks to 6th Street N. W. - on the west side of 6th Avenue N. W. from the C. N. W. railroad tracks to 7th Street N. W., this request is for the first five working days of each week, Monday thru Friday between the hours of 8:00 A. M. to 5:00 P. U., was read and upon motion by Wilson, second by Day, and all voting in favor thereof, the petition was referred to the Public Safety Committee. A letter signed by Robert G. Siekert, M. D. ke certain activities on the part of a community in the prevention of delinquency and in the enhancement of the younger citizens was read and upon motion by Perry, second by Eichten, and all voting in favor thereof, the same was referred to the Park Board. A letter from the State of Minnesota Department of Health, Section of Water Pollution Control submitting a report on examination of plans for sanitary sewer extension in Elton Hills East First Subdivision and Second Subdivision and a letter from the State of Minnesota Department of Health, Section of Water Supply and General Engineering, submitting report on plans on watermain extension in Elton Hills Drive were each presented and President DeVries ordered the same placed on file. The recommendation of the Planning and Zoning Commission stating that they had reviewed the petition to annex Lot 11, Lots 12 and 13 less piece to Powers and Lots 14 and 15, Block 1, Knollwood Acres and find that the property is contiguous to the city limits and therefore, fulfills the basic legal requirements for annextion of property to the City and also find that the property can be served with sewer and water services by the reasonable extension of these facilities to this property and that it abuts 20th St. S. W. which is des- ignated as a thoroughfare on the adopted Thoroughfare Plan which is proposed for widening of the right-of-way; the Township Board of Rochester has objected to this petition, and they have submitted this objection to the Minnesota Municipal Commission so jurisdicition to decide upon this annexation has been automatically transferred to the Minnesota Muncipal Commission; they feel that this property *uld be annexed to the City of Rochester and therefore recommend that the Common Council indicate to the Minnesota Municipal Commission that the City of Rochester is willing to have this property annexed if the Commission should make such an order; they further recommend that the City of Rochester acquire the north 47 feet of this property for the future widening of 20th Street S. W. in accordance.with the adopted Thoroughfare Plan and also recommend that the owner reimburse the City of Rochester for Topographic Maps of this property which amounts to 1 acre of land x $6.00/acre of $6.00, was read. Upon motion by Eichten, second by Day, and all voting in favor thereof, the recommendation was accepted and the City Clerk was instructed to write a letter to the Municipal Commission and inform that the Council is in favor of this annexation. 1 • 1 1 • 1 E Record of Official Proceedings of the Common Council of the City of Rochester, Minn., November 15, 1965 255 • I - 1 11 1 The recommendation of the Public Safety Committee stating that they had considered the application of Edna P. Nelson for licenses to sell non -intoxicating malt beverages, on and off sale, at 622 First Avenue Southwest and recommend that the application be approved and that the licenses be issued, was read and upon motion by Wilson, second by Day, and all voting in favor thereof, the recommendation was approved. The recommendation of the Finance Committee that the City proceed with the install- ation of a traffic signal at the intersection of 6th Street and 1st Avenue S. W. and the City Engineer prepare the specifications and the signal be paid from the Parking Meter Fund was. read and upon motion by Day, second by McCaleb, ,and all voting in favor thereof, the recommendation was approved. The recommendation of the Finance Committee that Mr. Tom Moore, Planning Director, be authorized to attend the Minnesota Planning Association feting to be held in Minneapolis on November 19th, was read and upon motion by Wilson, second by Day, and all voting in favor thereof, the recommendation was approved and he was authorized to attend at city expense. The recommendation of the Finance Committee that Phil Shealy, Associate Planner, be authorized to attend the Minnesota Planning Association Fall Conference on November 19, 1965 was read and upon motion by'�Perry, second by McCaleb, and all voting in favor thereof, the recommendation was approved and he was authorized to attend at city expense. The recommendation of the Finance Committee that the Council enter into a contract with Mr. Ken Stoltenberg, Electronic Engineering Services, for maintenance of mobile radios used by the City Engineer's Department, was read and upon motion by Day, second by McCaleb, and all voting in favor thereof, the recommendation was approved. The recommendation of the Planning and Zoning Commission stating that they had reviewed the.need for pedestrian walkways from the Northern Heights Area to Kellogg Junior High School and Jefferson Elementary School and also reviewed a map, prepared by the City Planning Department and the City Engineer's office which indicates possible locations for these pedestrian walkways; they find that there is a need for pedestrian walkways in this area, one to provide pedestrian access to Kellogg Junior High School and one to provide pedestrian access to Jefferson Elemenatary School; they recommend that the Common Council recognize the need for these pedestrian walkways and authorize the Public Works Committee to establish the final locations and to proceed with the acquisition of the needed easements, was read. Upon motion by Wilson, second by Day, and all voting in favor thereof, the recommendation was approved. Upon motion byhWilson, second by McCaleb, and all voting in favor thereof, the Chief of Police, Assistant Chief of Police and City Attorney were authorized to attend the meeting of the League of Municipalities to be held in Minneapolis on November 19, 1965. Letters from Yellow Cab Company and Vets Blue and White requesting additional taxi cabs were each read and upon motion by McCaleb, second by Eichten, and all voting in favor thereof, the letters were referred to the Public.Safety Committee. 0 256 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., November 15, 1965 , The following claims were each read, and upon motion by Wilson, second by Perry, and all present voting in favor there6f, the same were approved and the Mayor and City Clerk were authorized and directed to issue warrants upon the City and make pay- ments accordingly: From the General Fund: Willam H. Perry $8:10; Thomas E. Doyle $12.00; Anthony P. Herold $12.00; Charles W. Hudson $12.00; Mrs. Robert Hurrle $12.00; Merton S. Jacobson $12.00; Norbert E. Kingsley $12.00; Joseph H. Kremer $12.00; Richard Kroll $12.00; Einar Unge $12.00; Lawrence B. Lyke $12.00; Mrs. Loren Marquardt $12.00; Wayne B. Ouerbahg 12.00; Mrs. Hdward P. Rome $12.00; Daniel G. Schmidt $12.00; Mrs. Buelah D. Schultz • $12.00; Henry W. Smollett $12.00; George R. Ingalls $12.00; Herbert Hoffman $12.00; Clayton D. Ewers $12.00; Donald Backstrom $12.00; Ladene Engebretson $5.00; Thomas Law Book Company $5.00; Rochester Personnel Association $6.00; Burroughs Corporation $6.30; American Institute of Real Estate Appraisers $7.00; Sidney Anderson $43.50; Thomas 0. Moore $119.97; Schmidt Printing Company $1.90; Rochester Book Bindery $12.75; The Am. City Magazine $7.00; China Hall $9.30; K & K Electric Supply $19.68; Sanitary Company, Inc. $8.50; Model Lawlers $21.40; American Linen Supply $12.30; Mayo Clinic $10.00; Olmsted Medical Group $115.00; The Johnson Company $15.57; Xerox Corporation $25.00;.Peoples Natural Gas Co. $39.33; Elaine Miller $115.20; Don W. Fisher Oil $96.67; Adamsons $4.13; Rogers $180.05; Nebraska Bridge Supply & Lumber Company $49.50; Monroe $56.00; Osco Drug Company $2.76; National Fire Protection Association $4.15; Minneapolis Blud Printing'Co. $146.81; Beckleys $1.80; Reeves Drug Store $5.00; H & H Electric $85.62; Model Lawlers $5.14; American Linens Supply $15.75; Toms Electric Company $11.94; Alpek Sheet Metal & Roofing Company $3.16; Big Four Oil Company $53.80; Curtis L. Taylor $21.45; The Johnson Company $76.58; Cranston Typewriter Store $8.50; Rochester Post Bulletin $12.90; Cochran & Gillespie Sporting Goods $36.85; Bach Music $12.50; Kermit T. Bergan $1.20; Special School Distritt No. 4 $118.60; Elco Concessions $9.70;'Mayo Civic Auditorium $87.50; Harry DH. Evans $22.15; Whiting Printers & Stationers $58.30; Matthew Bender & Company $40.50; Trautner Sales Company $75.30; Montes $46.87; Truck Service Company • $8.38; Ace Hardware $31.75; Foster Electric Company $36.00; Alexander Auto Electric Co. $41.05; The Kruse Company $36.16; Northwestern Bell Telephone Company $50.15 and Elfreda Reiter, City Clerk $188.26. From the Street & Alley Fund: Truck Service Company $17.24; Ace Hardware $41.44; Alexander Auto Electric $7.75; The Kruse Company $31.20; Aochester Ready -Mix Concrete Company $188.85; Charles Bornholdt $2.50; Gopher Welding Supply Co. $11.00; K & M. Auto Glass $7.38; Anderson Radiator Service $26.00; Witte Transportation Co. $3.25; Paper Calmenson & Co. $110.50; Zeco Company $64.90; Fire Safety Corporation $53.40; Welborn Welding Company $50.15; National Welding Supply Company $29.65; Douglas Krueger $3.00; National Bushing & Parts Co. $144.52; General Trading Company $98.58; Harolds Auto Electric $6.38; Witte Transportation Co. $3.50; Wm. H. Ziegler Co., Inc. Record of Official Proceedings of the Common Council of the City of Rochester, Minn., November 15, 1965 257 1 is 1 fl 'J $77.63; Clutch & Transmission Company $15.64; Scharf Auto Supply $127.36; Hayden Murphy Equipment Company $4.40; Olson Root Cutting Service $131.25; H-=. Dornack & Sons $4.20; and Fire Safety Corportation $81.00. From the Fire Protection Fund: Elfreda Reiter, City Clerk $1.20; Northwestern Bell Telephone Company $47.55; H. Dornack-& Sons, Inc. $6.35; Fire Safety -Corporation $14.) National Fire Protection -Association $8.67; Mine Safety•Appliances Co. $5.88; K. M. McGhie $135.00; Peoples Natural Gas Co. $75.26, Rochester Fire Extinguisher Co. $25.52; American Red Cross $27.00; National Bushing & Parts Co. $12.53; Scharf Auto'Supply, $6.23; General Trading Company $39.31; Standard Auto Parts $13.84; Weber & Judd Company.$6.90; H. & H. Electric Company $1.38; S M Supply Company $13.04; Ed's Mobil Service $10.00; Model Lawler: $42.60; J.'C. Penney Company $28.50; Disons Cleaners & Launderers $93.83; Minnesota State Civil Service $43.00; From the Police Protection Fund: Elfreda Reiter,•City Clerk $.SO; N. W. Bell Telephone Company $22.50; JameesJtftMdtken,CJr4.$9.00, Century Camera, Inc. $52.13; Filmshops $17.48; Eastman Kodak $27.42; Alpek Sheet Metal & Roofing Company $100.00; John Mars}all Rochord $4.50; Monte's $13.39; Cranston Typewriters $17.65; Wongs $25.30;•Harvey E. Golden M.•D. $55.00; Reeves Drug Store $1.7A(;•Donald S. Silverberg, M. D. $15.00; T. 0. Welner, M. D. $10.00; Olmsted County Business Mens Association $6.00;•National Bushing & Parts Co. $4.76; Roy -Lovejoy $50.00; Ed's Mobile Service-$32.20; Minit Car Wash $20oOO; Red Carpet Car Wash $37.50; Standard Oil Co. $76.37; and DeVoe & Raynolds Co., Inc. $12.55. From the Sewer Fund: Ace Hardware $11.51; Foster Electric Co. $34.40; The Kruse Co. $82.66; Northwestern Bell Telephone Co. $21.25; H. Dornack & Sons, Inc. $4.05; Woodruff Company $5.60;• General Trading Co. $26.56; Arnolds' Supply Company $17.81 and* Rochester Materials Co. $129.20. From the Auditorium Fund: "1966"Areana Audit & Stadium Guide•$125.00; Trade & Sport Publications $80.00; Peoples Natural Gas Company $20.29; Burroughs Corporation $22.79; Louis•Canar $20.00; City of Rochester $3.64; Ace Hardware $30.51; The Kruse Company $23.18 Barry Plumbing & Heating $& 45; American Linen Supply $34.00; Whiting Printers & Stationer: $6.23;-Cal Smith,=Manager $13.83; The Johnson Company $5.20; Quality Printers & Stationers $32.50; Rochester Maintenance Supplies $5.94; Arnolds Supply $29.45; National Chemsearch Corporation $197.55; Walleys $11.26•and City•of Rochester $180:30. From the Music Fund: Elfreda Reiter, City Clerk $2.62; Mrs. RengVantaggi $24.00I Warren Throndson $10.30; Malcolm Mc Daniel $20.60; Joe Skogen $30.90; Harry Curtin $9.00; Mrs. B. L. Garnaas $40.00; Schmidt Printing Co. $186.35; The Rochester Visitor $8.00; Rochester Post Bulletin $ MO; The Johnson Company $2.72 and Montes $1.25. From the -Parking Meter Fund: Ace'Hardware Co. $3.64; Rockwell Manufacturing Co. 20.1.5; City of Rochester, Minn. $1.83; Brinck-Solberg Co. $47.90 and E. C. Bather & Assoc. $138.60. From the Park Improvement Fund: Norma Amundsen $25.97; Trautner Sales Co. $6.75; The Johnson Company $9.75; Custom Printing $11.33; Northwestern Bell Telephone Co. $99.40; 258 Record of Official Proceedings of- the Common Council of the City of Rochester, Minn., November 15, 1965 CC-68B86 Coast to Coast Stores $24.81; Don W. Fisher Oil.Co. $55.37; The Fullerton Lumber Co. $5.08; A. Y. Mc Donald Mfg Co. $8.20; Gordon Tupper $7.50; Parkhill Brothers $4.53; Hentges Glass Company $10.50; Unitied Building Center $35.02; Co-operative,Oil Co. $14.97; Ace .hardware $30.44; Riverside.Sand & Gravel $185-000; Skelly Oil Company $36.00; Peoples Cooperative .Power Assn. $26.45; Peoples Natµral,Gas Co. $74.43; The Cruse Company $68.64; Hesse Paint Co. $26.40; Quarve & Anderson $58.001Roahester.Sand & Gravel Co. $48.00; Ability Building Center $30.00; National Chemsearch Corporation $196.58; Walter Glasenapp $10.00; General Trading Company $10.43; Tropical Paint,Company $102.45; Woodhouse Brothers �15.81; Alexander Auto Electric.Co. $87.90; Standard Auto Parts $65.78; Harolds Auto Electric Co. $2.03�. Clements Chevrolet Co. $12.68; Firestone Stores $9.00; K & K Auto Electric $4.31; Gopher • Welding Company $9.44; National Bushing & Parts $20.75; Scharf Auto Supply $59.53.;_.Selby International Sales Co. $79.31; T. & T. Supply Company $4.32; Watkins Electric Co. $22.21; Borchert -Ingersoll, Inc. $195.71; Land 0.'Lakes.Sporting Goods $5.85; Welborn Welding Co. $184.70 and,David F. Dunn $88.52. From the,Public Health & Welfare Fund: H&&1ttiaOffice"Intact F6ndk;$37.30; Am. Linen Supply $7.60;.Dieter Paper & Marine Supply $14.50; Arnolds Supply Company $19.97; Foster Electric Co. $71,80; The Kruse Company $195.16;,Peoples Natural Gas Company $15.39; .City of Rochester, P. U. $2.25;,City of Rochester, Minn. $9.90; Model Lawlers $24.30; Osco Drug Company $1.59; Wallace & Tiernan,,Inc. $13.20; The Hach `Chemical Co. $14.45; The.Hach Chemical Company $21.81; George T. Walker Co. $94.8$,; Ace Hardware $11.86; Mrs. L. Hanson; $40.00; William C. Bartels $31.33; Robert,D. Rossi $149.73; Mary Wilson $141.97; Mary Helen Ousley $ 0 2.25; Viktor 0. Wilson, M.D. $24.50; Neola Henson $20.40; Charles.Phenix $.178.87; William roblete $15.05,; Lyla Kinneberg $136.31; Donna Porath $125.59;,Mary Graupmann $26.50; Laura Donney $20.59; Carol Christensen $9.30; Virginia Hall $17.03; Susan Isbell $8.29; Margaret Lawler $4.31; Ann Coder $12.23; Whiting Printers & Stationers $100.00; Nuclear - Chicago $10.20; Mc Call Corporation $4.00; Pest Control $8.00; Whiting Printers & Station ers $43.80; Xerox Corporation $126.51; Cranston Typewriters Store $5.50; Montes $12.60; The -Johnson Company $6 00; Whiting Printers & Stationers $108.90; Rochester Janitor Serv. $87.00; Farnham Adams $8.70; Beckleys, Inc. $17.65; Paul F.,Wilson, M.D. $13.00; N. W.. • Bell Telephone Co. $85.01; Audrey Pederson R31.43; Schmidt Printing Company $83.05; City of Rochester, Minnesota;$6.00;'Mrs. Judith M. Kos $40.00; Loren Nelson $19.12; City of Rochester $70.00; City of Rochester $65.85; Standard Auto Parts $7.16 and Universal Ford Sales $1.80. . From -the Permanent Improvement Revolving Fund: State of,Minnesota, Department of Highways $12$.67.and Harry H. Evans Register of Deeds $3.00. From the F. E. Williams,Estate Fund: The Kruse Company $124.60 and Ace Hardware ,Co. $5.13. From the Bridge Fund: Metal Products Division, Armco Steel Corporation,$45.61. A motion was then,made by Hanlon, second by McCaleb, and all voting in favor thereof, that the following twelve resolutions appropriating City Funds for various purposes be considered by the Common Council as a single group. A motion was then made • Record of Official Proceedings of the- Common Council 259 40 of the City of Rochester, Minn., November 15, 1965 1 • 1 1 u by Wilson, second by McCaleb, that the following twelve resolutions be adopted as read, all voting in favor thereof, President DeVries declared the said resolutions duly passed and adopted: 1. Resolution appropriating $399.22 from the General Fund; $203.30 from the Fire Protection Fund; $42.53 from the Lighting Fund and $265.00 from the Street & Alley F and ordering payment made to Peoples Natural Gas Company $295.31; City of Rochester $349.7 and Par Eastern Commodities Corporation $265.00. 2. Resolution appropriating $1,563.12 from the Park Improvement Fund; $ 149.79 from the Lighting Fund and $928.00 from the F. E. Williams Estate Fund and ordering payment made to City of Rochester, City -Clerk $462.77; City of Rochester, P. U. $232.45; Adolph Kiefer & Company $229.87; Wilensky Auto Parts $220117; City of Rochester, Gasoline Account $301.23; Standard Oil Co. $266.42 and The Miracle Equipment Company $928.00. 3. Resolution appropriating $1�367.05 from the General Fund; $8,218.63 from the Street & Alley Fund; $1,194.46 from the Sewer Fund and $14.40 from the Parking Meter Fund and ordering payment made to The City of Rochester, Minn. $7,284.50; Firestone Stores $1,638.79; City of Rochester, Minn. $792.76; Michael Todd & Company, Inc. $371.84; Morton Salt Company $706.65 and Lyon Chemical Company $499.80. 4. Resolution appropriating $1,516.32 from the Auditorium Fund; $62.04 from the Fire Protection Fund; $663.19 from the Police Protection Fund and $10:43 from the Parking Meter Fund and ordering payment made to the City'of Rochester $735.66; The Park Department $1,182.42 and The City of Rochester P. U. $333.90. 5. Resolution Appropriating $1,418.81 from the Parking Meter Fund,and $4,735.04 from the Permanent Improvement Fund and ordering payment made to City of Rochester, $684.1E Farwell, Ozmun, Kirk & Company $457.50; Williams Printing, Inc. $277.15; Midwest Planning & Research, Inc. $4,100.00 and City of Rochester $635.04. 6. Resolution appropriating $7,177.90 from the PublicbHealth & Welfare Fund and ordering payment made to Orlen Ross. 7. Resolution appropriating $2,336.42 from the Public Health & Welfare Fund and ordering payment made'to the Northwestern Bell Telephone Company $281.15; Beatrice A. Marva $401.83; Mrs. Doris Toddie $215.98; Miriam Anderson $317.93; Dorothy E. Anderson $428.38 and City of Rochester $691.15. 8. Resolution appropriating $12,041.54 from the General Fund and ordering pay- ment made to Whiting Printers & Stationers $728.35: Rochester Post -Bulletin $343.70; Park Department $9,713.49; Whiting Printers & Stationers $575.00; Mayo Clinic $231.00 and I.B.M11 $450.00. 9. Resolution appropriating $8,93407.8 from the General Fund; $280.62 from the Street & Alley Fund and $68.71_from the Sewer Fund and ordering payment made to Rochester Sand & Gravel, Inc. $5,811.22; Rochester Sand & Gravel, Inc. $1,681.95; Northwestern Ref inge$29490.94; and Stanley Drips, Postmaster $300.00. 10. Resolution appropriating $250.00 from the General Fund and $ U 275.44 from • Sewer Fund and ordering payment made to National League of Cities $250.00 and Carlisle G. Fraser, Inc. $1,275.44 260 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., November 15, 1965 • 11. Resolution appropriating $36,818.06 from the General Fund and ordering pay- ment made to K. M. McGhie $9,413.06 and Rochester Sand & Gravel $27,405.00. 12. Resolution appropriating $1,389.90 from the General Fund and ordering pay- ment made to Mbbile Oil Company. Alderman Wilson,introduced a resolution authorizing the Public Utility Board to (enter into contract with DOLAN FELDHAUS COMPANY, which was read. A motion was made by McCaleb, (second byi°Wilson, that the said resolution be adopted as read and all voting in favor thereof, President DeVries declared the said resolution duly.passed and adopted. Alderman Wilson introduced a resolution amending the "Schedule of Entrance Steps in the Various Police Department Eositions" which was read. A motion was made by Wilson, second by McCaleb, 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 application of Earl Christopherson for a Journeyman Plumber's License was read and upon motion by Wilson, second by McCaleb, and all voting in favor thereof, the license was granted. The contract bonds of Mayo Foundation in the amount of $83,834.00 with Federal Insurance Company as surety; Weis Builders in the amount of $9,898.00 with United States Fidelity and Guaranty Company as surety; Adamson Motors, Inc. in the amount of $7,988.50 in the amount of $7,988.50 with the Fidelity and Casualty Company of New York as surety; and Coats Jones, Inc. in the amount of $6,437.00 with Feidelity and Deposit Company of Maryland as surety, were each read and upon motion by Wilson, second by McCaleb, and all voting in favor thereof, the bonds were referred to the Mayor for approval. The report of the City Weighmaster for the month of October, 1965 showing fees collected for loads weighed in the amount of $183.25 was presented and President DeVries ordered the same placed on file. The reports of the Inspection Department for the month of October, 1965 showing fees collected for building permits issued $1,954.00; fees collected for electrical permits issued $1,252.00; fees collected for plumbing permits issued $36.75; fees collected for hearing permits issued $58.50 and fees collected for sign permits $6.66 were each presented and President DeVries ordered the same placed on file. The reports of the Clerk of Municipal Court for the week ending October 29, 1965 showing total criminal fines and costs collected and civil fees received $3,927.50 and total remitted to City Treasurer $2,917.50; for the week ending November 5, 1965 showing total criminal fines and costs collected and civil fees received $3,162.50 and total remitted to City Treasurer $2,182.50; and for the week ending November 12, 1965 showing total criminal fines and costs collected and civil fees received $3,597.00 and total remitted to City Treasurer $2,292.00 were each presented and President DeVries ordered the same placed on file. Upon motion by Perry, second by McCaleb, and all voting in favor thereof, the request of The Exchange Club for permission to put a plaque on the lawn of the City Hall, f; 0 1 I - Is CJ Record of Official Proceedings of the Common Council 261 of the City of Rochester, Minn., November 15, 1965 1 1 1 C� 1 just north of the main entrance, to honor all recipeints of the Book of Golden Deeds Award, was approved and they were authorized to construct -same. Alderman Wilson introduced a resolution vacating and abandoning public utility easements upon parts of Lots One (1) and Two (2), Block One (1), Silver Acres Subdivision, was read and upon motion by Wilson, second by Eichten, and all voting in.favor thereof, President DeVries declared the resolution adopted and the easements vacated. . Alderman Wilson introduced a resolution vacating and abandoning the public easement or right to subject a portion of Lot 65, State Subdivision of Section 36, Township 107 North, Range 14 West, Olmsted County, Minnesota to overflow waters of the Zumbro River, was read anc upon motion by Day, second by McCaleb, and all voting in favor thereof, President DeVries declared the resolution adopted. Alderman Wilson introduced a•resolution amending the Comprehensive Resolution adopted by the Common Council establishing parking, truck loading, passenger loading, and parking meter regulations and provisions, primary streets and one-way streets and al&eys pursuant to Ordinance No. 871, as follows, which was read: 1) Paragraph (57) of Section B, No Parking Zones, Streets, is hereby amended so as to read in its entirety as follows: (57) Third Street Southwest on the north side of the street from Sixth Avenue to Eighth Avenue and on the south side of the street from Seventh Avenue to Eighth Avenue at all times. 2) Section D, Truck Loading Zones, is hereby amended by adding thereto Paragraph (1.5) to read in its entirety as ffollows: (1.5) South Broadway on the east side of the street 30 feet more or less in front of the premises known as 428.South Broadway. A motion was then made by Wilson, second by Day, that the said resolution be adopted as read and all voting in favor thereof, President DeVries declared the said resolution duly passed and adopted. A resolution offering to purchase from the State of Minnesota half certain tract of land known as the "old quarry area" being a part of the Rochester State Hospital grounds and containing approximately 211 acres for the sum of $100.00 per acre or a total of approximately $21,100.00 was read and upon motion by Day, second by Wilson, and all voting in favor thereof, President DeVries declared the said resolution duly passed and adopted. Alderman Wilson introduced a resolution waiving the provisions of Article 52.020 of the Zoning Ordinance so as to permit the construction of a 25 unit hotel on the property loacted at 1013 Second Street S. W. (the minimum side yard requriements otherwise required in the R-4 District shall still apply) was read and upon motion by Day, second by Wilson,, and upon roll call, -.Day;, Eichten, McCaleb, Wilsonand DeVries voting "aye" and Hanlon and Perry voting '.'no", President DeVries declared the said resolution passed and adopted. (R. V. Ehrick, City Attorney, again stated that in his opinion this was an invalid variance). An Ordinance annexing to the City of Rochester, Minnesota, certain unplatted land not exceeding two hundred acres in area, all being in the Northeast Quarter of Section Eeleven, Township One Hundred Six North, Range Fourteen West, Olmsted County, Minnesota (Schoenfelder property) was given its first reading. 262 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., November .15, 1965 A petition requesting that the Council take some action to alleviate, the nuisance of Jim & Joe's tavern was.read. Mrs. Esther Sisson, Manager of the DeLuxe Cabins, was present and spoke in behalf of the pEtitioners, she said this same group had presented a petition on September 21, 1964 and had appeared before -the Public Safety Committee on October 3, 1964 in regard to the noise and the disrespectful way that the tavern is run; she said Mr. Lagervall had stated that he would run the tavern in an orderly manner if the license was referred to him, but this had not been done. Mayor Smekta submitted files and complaints from the Police Department about the conditions existing at Jim & Jo&s tavern; he said they go back to last February and in May and June the Police Department made 17 calls to this tavern, he said he had letters signed by parents of two teen-age girls who had been served here; he said he did not think this should continue and requested that the license be revoked for 30 days and longer if necessary. Alderman Eichten stated that this had been going on for some time, he said the Public Safety Committee had warned Mr. Lagervall when he purchased the tavern that he would have to keep things under control but apparently he had not done so and that this last incident involving complaints was just one of many and did not think the license should just be revoked for thirty days but that it should be suspended. James J. Macken, Chief of Police, said this had been a trouble spot and a constant source of complaints and he felt the complaints of the neighbors were justified. Alderman McCaleb questioned whether the information presented here tonight warranted revocation but said maybe others had more information than he had. After a lengthy discussion a motion was made by Eichten, second by Perry, that the license be rev oked as soon as notice can be served. A motion was then made by Day, second by McCaleb, I" to amend the above motion to provide a suspension between now and December 7th.and at that time take another look at it; upon roll call Day, McCaleb and Wilson voted "Aye" and Eichten, Hanlon, Perry and DeVries voting "no", President DeVries declared the motion to amend not adopted. Roll call was then called for the original motion to revoke the license and Day, Eichten, Hanlon, Perry, Wilson and DeVries voting "aye" and,McCaleb voting "no", President DeVries declared the motion carried and the license revoked as soon as notice can be.served. Upon motion by Hanlon, second by Wilson, and all voting in favor thereof, the meeting was adjourned.un.tif 7:30 o'clock P. ,.. on Ds 401p� � avg,�, o" Civ Clerk 1 1 I 1