HomeMy WebLinkAbout02-03-1958Record of Official Proceedings of -the Common Council`
of the City- of Rochester, Minn., February 3. 1959
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Minutes, of a meeting of the Common Council of the City of Rochester,
ldinne.sota., held in- the. Council Chambers in the City Hall, in said .City, on
February 3, 1958-
President Schroeder called the meeting to order at 2:00 o'clock P. M.,
the following members being present.: President Schroeder, Aldermen Briese,
DeW-itz, Haas, Kamm, Morris, Tingley.
Upon motion by Morris, second by DeWitz, the. minutes of the meeting of
January 20, 1958 were approved.
President Schroeder stated this as being the time and place set for a
hearing on the revised assessment for construction of a 10" watermain to Elton
Hills. There was no one present wishing to be heard.
President Schroeder stated this as being the time and place set for a
hearing on the' filing of a report by the Commissioners for condemnation of,lands
owned -by Josephine Amelia Bottke, Ann M. Baker -and F. B. Baker individually and
Josephine Amelia Bottke as administrix of the estate -of -Gust Bottke and George A.
and Margery S. Greenwaldt. A report of the -Commissioners on condemnation of- certai
parcels of land in Lot thirty --nine of State Plat of Sect -ion thirty-six, township
one hundred seven range fourteen, Olmsted County Minnesota for publicstreet and
public park purposes -was read. The report made the following awards:
Persons interested Award
Josephine Amelia Bottke, Ann X. Buildings
Baker end F. B. Baker, individually Land and Other
and Josephine Amelia Bottke as Improvements
administrix of the estate of Gust Total
Bot tke
In the event the owners elect to remove any of the
buildings on the above described premises, the
following sums are to be deducted from the total
award: House, $150.00 and garage $50.00
George A. Greenwaldt Buildings
and Margery S. Greenwaldt Land and Other
Improvements
Total
In the event the owners elect to remove any of the
buildings on the above described premises, the
following sums are to be deducted from the total
award: House, $900.00 and garage, $300.00.
7, 900. 00
8,950.00
10,750.00
9, 500.00
4, 000.00
__�13 , 500.00
Written objections filed by Hunt & Hunt, Attorneys representing the above property
owners were also read.- Mr. D. B. Hunt, Attorney was present and stated that his
clients did not feel that this award was adequate and would like discuss this
matter with the Council. A motion was made by- Alderman Tingley that the hearing be
until the meeting on February 17, 1959 at 7:30 P. M.
continued/and this matter be referred to the Public Grounds Committee, they to meet
with Attorney Hunt to further discuss the awards. Alderman Kamm seconded the
motion and all voted in favor thereof.
President Schroeder stated this as being the time and place set for
receiving and opening bids on the following projects;
Bids for construction of a concrete foundation for the 506,000 crater tank
62 Record of. Official Proceedings of the Common Council
of the City of Rochester, Minn., February 3. 1959
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for Northwest Service Area. The bids of Acton Construction Company in the amount
of $23,657.00; 0. A. Stocke & Co., Inc. in the amount of $32,600.00 and L. M.
Feller Company in the amount of $29,960.00 were each received and -opened and upon
motion by Briese, second by Tingley, the same were referred to the Water Committee
for tabulation and report.
and the, Superintendent of the Water Department All voted in favor thereof.
Bids for construction of a sanitary sewer in 111 Street Southeast
from llth Avenue Southeast to the west line of Gonderman & Thiel's Addition and
in 102 Avenue Southeast from 111 Street to 12th Street Southeast. The bids of
G jellefold Associates, Inc. in the amount of $4, 724.00 and Carlisle G. Fraser Inc. in
the amount of $3,317.00 were each received and opened and upon motion by Haas,
second by DeWitz, the same were referred to the Sewer Committee and City Engineer
for tabulation and report. All voted in favor thereof.
Bids for construction of a trunk line sewer in loth Street S. E.
from 5th Avenue to 16th Avenu@ S. E. and a.trunk line sewer in llth Avenue S. E.
from loth to 13th Street S. E. The bids of Carlisle G. Fraser, Inc. in the amount
of $123,296.1s, Hennessey Brothers, Inc. in the amount of- $107,662.05 and
Gjellef ald Associates, Inc. in the amount of $104,641.90 were each received and
opened and upon motion by DeWitz, second by Haas, the same were referred to the
Sewer Committee and City Engineer for tabulation and -report. All voted in favor
thereof.
Bids for construction of a sanitary sewer in 13th Street Southeast
(from loth to llth Avenue Southeast and in loth Avenue Southeast from 12th to 13th
Street Southeast. The bids of Litt:rup Nielson in the amount of $5,600.25,Carlisle
G. Fraser in the amount of $6, 979.90 and G jellefald Associates, Inc. in the amount
of $7,443.50 were each received and opened and upon motion by Eaas, second by
DeWitz, the same were referred to the Suter Committee and the City Engineer for
tabulation and report. All voted in favor thereof.
Bids for construction of a sanitary sewer in loth Street Southeast
from 16th to 17th Avenue Southeast and in llth Street Southeast from loth to 15th
Avenue Southeast and in 15th Avenue Southeast from loth to 12th Street Southeast.
he bids of Carlisle G. Fraser, Inc. in the amount of .$13.,603..57 and G jellefald
ssociates, Inc. in the amount of $14,313.25 were each received and opened and
pon motion by Haas, second by DeWitz, the same were referred to the Sewer
ommittee and the City Engi'nee'r for tabulation and report. All voted in favor
hereof.
Mr. P. E. Romano was present and stated that he had agreed to make
3 overcoats for the police department at the price of $140.00 each and now found
hat the prices of materials had gone up and he was losing money on the deal: Upon
otion by Tingley, second by Haas, the matter was referred to the Police Committee
nd the Chief of Police. All voted in favor thereof.
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Record of Official Proceedings of the Common Council
.of .the City_.of_ Rochester,, Minn., February 3. 1958
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Mr. Howard Smith, Secretary of the Rochester Building and.Trades Council;
was present and stated that their group was opposed to any raise in the gas rates
at this time.
A letter from Mrs. Mary Conway, of 324 Fourteenth Ave. S. W., stating
that the sewer had been backing up into her basement causing considerable damage
was read
and asked if something could not be done about thiq/. Mayor Bach informed the
Council that he now had a plumbing concern checking on the matter and they should
report back sometime this afternoon. Upon motion by Tingley, second by DeWitt,
.this matter was tabled, until the_ evening meeting. All voted in favor thereof.
The following letter from The Kruse Company was read and upon motion
by Haas, second by Kamm, the same was referred to the Street & Alley Committee and
the City Engineer:
LThe Honorable Mayor and The
Common Council of the City of Rochester
Gentlemen:
In reference to the disposition of improvement costs in
Folwell Heights, we should like to express our preference
for the distribution of those costs on the basis of charge
per lot, equally divided, so that improvement costs per lot
will be on an equal basis.
Yours very truly,
THE KRUSE COMPANY
/s 0. 'J. Allerton, President"
A letter from Bernard L. Barnard, Consultant in Administration and
Finance, offering his services if the City were interested in making a survey in
the solution of problems of administration was read and President Schroeder ordered)
the same placed on file,
A letter from Marvin W. Price, City Assessor, requesting permission for
himself and two deputies to attend the Assessor's school at the Center for
Continuation Study on March 6, 7 and 8, 1958 was read and upon motion by Haas,
second by Kamm, his request was granted and he and two deputies arere authorized
to attend at city expense. All voted in favor thereof.
A letter from C. A. Armstrong, City Engineer, requesting approval of
attendance and expenses at the League of Municipalities Short Courses at the
University for four men at the Sewage Wprks Operators on March 10 to 12 and for
three men at the Public Works School on March 24 to 26, was read. Upon motion by
Kamm, second by Morris, his request was approved and the men were authorized to
attend at city expense. All voted in favor thereof.
The request of the Board of Public Health & Welfare for permission to
employ Mr. Bernard Kluck as assistant milk sanitarian at the salary of $324.00 per
month,.effective February 17, 1959, was read and upon motion by Morris, second by
Tingley, the request was granted. All voted in favor thereof,
The request of the Board of Public Health 41 Welfare for approval of the
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employment of Mr. Alvin Wondrow as a garbage collector at $270.00 per month,effect-
- Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., February 3. 1959
ive January 22, 1957, was read. Mr. Wondrow is being employed to help man the
new packer truck in accordance with the Board's plan for operating this truck
in a combined garbage and refuse pickup service on one route in the southeast
portion of the City. This request was tabled until later in the meeting.
A letter from the Rochester Police Civil Service Commission that the
request of Robert D. Miller fox resignation from the Rochester Police Department,
effective January 24, 1959, had been approved was read and President Schroeder
ordered the same placed on file.
The appointment by Mayor Bach of Axel H. Reed, Jr. and Clinton G.
lEueker to fill thevaeancies which exist in the PoliceDepartment, employment to
�begin February 3.0, 1958, was read and upon motion by Tingley, second by Briese,
Itho appointments were approved. All voted in favor thereof.
Iread:
The following letter from the Jefferson Transportation Company was
"The Honorable City Council
City Hall
Rochester,.Minnesota
Gentlemen:
For quite sometime there has been a tendency of rooming house
operators or their representatives to station•themselves at the
bus depot. They contact passengers alighting from buses in
regard to rooms etc.
Of late this has been getting to be quite a nuisance and we do
not believe passengers should be subjected to this type of
solicitation on our property'. We have attemped to -curb this
practice in Roches=ter but have been unsuccessful in doing so.
We understand Rochester has a city ordinance prohibiting the
solicitation on public property. We are wondering if your
council could and would extend or amend that ordinance to
include such semi-public properaty as the bus tarminal. It
should also include the grounds adjacent -to the bus terminal
building which is used for loading and. unloading of passengers.
-Our objection to this type of solicitation is primarily that
we believe that it cheapens the City of Rochester as well as
the service we are attempting to perform for persons who are
visiting Rochester. We shall appreciate hearing from you
after you have given this serious consideration.
Yours very truly,
/s L. P. WAKEFIELD, President"
A motion was made by Alderman Tingley that the City Attorney be instructed to prepare
an ordinance amending the ordinance which bars unlicensed solicitors from -streets
and public grounds, by extending a ban on unlicensed rooming house solicitors to
public transportation properties, namely the Railroads, bets depotaand airport.
Alderman Briese seconded the motion and all voted in favor thereof.
The following -resolution adopted by Commissioners of the Sinking Fund
(Commission was read and upon motion by Tingley, second by Briese, the action of the
Sinking Fund was approved:
"Be it resolved by the Commissioners of the Sinking Fund
of the City of Rochester, Minnesota:
That the sum of $101,109.99 be and the said sum is hereby
appropriated from the Sinking Fund of the City of Rochester,
Minnesota, and ordered paid to the First National Bank of
Rochester, Minnesota for the purchase of $100,000 2 3/4% u. S.
Treq.sury Bonds maturing September 15, 1961. (Principal -
$100,031.25; Interest - $1,079.73)
Be it further resolved: That the said $100,000.00
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Record of- Official Proceedings of the Common Council JL Ai
of.the. City of Rochester, Minn., February 3, 1959
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2 3/4% U. S. Treasury Bonds maturing September 15, 1961
be purchased for the Electric Department Depreciation
Reserve. 11
A petition signed by Arden Schultz, Loretta, Schultz, Carlos Ellis,
Lenora Ellis, Emil G. Pelinka, Jean C. Pelinka and Ruth A. Waldron to have Lots
1 and 2, Block 1, Lots 1, 2 and 3, Block 2, and Lot 3, Block 1, of Belt,Line
Sub -division and the property described as beginning on north line of 6th•St. S.W.
440 feet west of west line of 15th Ave. S.W., thence west to west line of highway
for- place of beginning, thence west 197.5 feet, theme north 262.5 feet, thence
east 166 feet to road, thence southeasterly along road tobeginning in Section 3,
Rown 106, Range 14, Olmsted County, changed from a residential to a commercial
zone was read. Upon motion by DeWitz, second by Tingley, the same was referred to
the Board of Zoning. All voted in favor thereof.
The following preliminary estimated submitted by the City Engineer were
each read and President Schroeder ordered the same placed on file;
Construction
of a
sanitary sewer on 111 Street S. E., llth
Avenue S. E.
to west line in Gonderman & Thiels Addition
and in 102 Avenue
S. E., 112 St. to 12th St. S. E.
$3,312.50
Construction
of a
trunk line sewer in loth Street S. E.
from 5th to
16th ,Avenue S. E. and a trunk line sewer in
llth Avenue
S. E.
from loth to 13th Street S. E. . . . . .
$121,672.3g
Construction
of a
sanitary sewer in 13th Street S. E.
from loth to
llth
Avenue S. E. and in loth Avenue S. E.
from 12th to
13th
Street Southeast . . . . . . . . . . . .
$9,756.4o
Construction
of a
sanitary sewer in loth Street S. E.
from 16th, Avenue
S. E. to 17th Avenue S. E. and in llth
Street S. E.
from
loth Street to 15th Avenue S. E. and
in 15th Avenue S.
E. from loth to 12th Street S. E. . . .
• $17,026.20
The summons of Kenneth Batzel, Plaintiff vs. City of Rochester, Defendant
in the amount of $7,500.00 for injury sustained to his right ankle and foot was
read and, upon motion by Morris, second. by Tingley, the same was referred to the
City Attorney. All voted in favor thereof.
A letter signed by Fred W. Schuster, Chairman of the Rochester Airport
Commission, requesting that the Common Council set a time for opening bids for
the paving project at the new Rochester Airport was read. Also a letter -from M.C.
Solberg, Chief Engineer of the Department of Aeronatuics, authorizing the City
to proceed with the call for bids was read. A motion was then made by Alderman
Haas that the City Clerk prepare a resolution ordering bids forthe requested
paving project at the Rochester Airport. Alderman Briese seconded the motion and
all voted in favor thereof.
The recommendation of, the Planning and Zoning Commission\that the Common
Council repeal Ordinance No. 950(grid ordinance) was read. Letters from Stanley F.
Drips, Postmaster stating that for their purposes the grid pattern of platting was
more desirable; from J. H. Kremer, Manager of Yellow Cab Corporation, stating that
they favored the grid pattern of street; from James J. Macken, Jr. Chief of Police,
stating that the system ncd being used seemed to the best for them and they
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did not like the idea of naming streets instead of numbering them as at present;
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of the City of Rochester, Minn., February 3, 1958
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from Frank W. Everett, Fire Chief, stating that he was in favor of the ordinance
as it now stands and also recommended that the streets be numbered instead of
using names, were each read. A motion was made by Alderman Haas, second by
Alderman Morris, that the recommendation and letters be referred to the Survey
Committee. All voted in favor thereof.
The recommendation of the Planning and Zoning Commission that the
petition for annexing part of the Ncrth.one-half of the Northwest one -quarter of
Section 25, Township 107 North, Range 14 blest (Krofchalk Roperty) be approved
and the land be annexed, subject to the following recommendations as reported by
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the City Planning Director was read: (1) the annexation ordinance should read to
the center line of Trunk. Highway 63 (2) the. land •rill be subject to -special assess-
ment provisions (3) the owners shall be charged $2.97 per acre for the use of the
city purchased contour maps (4) the land will be subject to regular platting pro-
cedures (5) storm water drainage problems must be handled according to city
regulations (6) Access to U.S. 63 shall be controlled wither through the use of a
service road:or lots should back up to the highway and direct access denied and
(7) after conferring with the Superintendent of Schools, Superintendent of Parks
and Superintendent of the Water Department, there was found to be no need for
public lands, other than streets,. in .this area. Upon motion by Naas, second by
Morris, the recommendation was referred to the Survey .Committee. All voted in
favor_ thereof.
The -recommendation of the Planning and Zoning Commission that they had
considered the petition to vacate lot Street Northeast from 14 th Avenue to 15 th
Avenue Northeast and recommend that it be denied because 15th Avenue N. E. can
become a future connecting street from 2nd Street S. E. to 7th Street N. E. and
clear sight distance will be needed at the railroad crossing was read and upon
motion by Tingley, second by DeWitt, the recommendation was referred to the Survey
Committee. All voted in favor thereof.
The recommendation of the Planning and Zoning Commission that they had
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considered the petition to vacate lSth Avenue Northwest from l9J Street N. W. to
19th Street Northwest and recommended that the same be vacated and that consider-
ation be given to controlling the access from the Markay's future parking area was
read and upon motion by Tingley, second by Kamm, the recommendation was referred
to the Survey Committee. All voted in favor thereof.
The recommendation of the Planning and Zoning Commission that the Council
adopt the general plan of Leitzen's 3rd Addition and adjoining property as the
official map for the area according to Minnesota Statutes• 471.28 and upon adoption
that the map shall be filed with the Register of Deeds, was read and upon motion by
Haas, second by Briese, the recommendation was referred to the Survey Committee.
voted in favor thereof.
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• 'Record of. Official Proceedings of the .Common Council
of the. City. of Rochester,. Minn., February 3, 1959
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The recommendation of the Planning and Zoning Commission that the general plan of
Northern Heights Addition be approved subject to the conditions set forth in the
City Planning Director's report dated January 31, 1958 and that Lot 1, Block °A°
shall be reserved as a temporary cul-de-sac until the street is extended was read
and upon motion by Tingley, second by Haas, the recommendation was referred to the
Survey Committee. All voted in favor thereof.
The recommendation of the Planning and Zoning Commission that the
preliminary plat of Country. -Club Manor 2nd Addition be given approval subject to
the conditions as set forth in the City Planning Director's report, dated
January 30, 1959, was read and upon motion by Haas, second by Morris, the recomm-
endation was referred to the Survey Committee. All voted in favor thereof.
The recommendation of the Planning and Zoning Commission that the Gener
Plan of Country Club Manor (remainder of Judd Farm) be given preliminary approved
and that a copy of this plan be forwarded to the Minnesota Highway Department for
coordination with -plans for the relocation of U. S. 14 west, was read and upon
motion by DeWitz, second by Tingley, the recommendation was referred to the Survey
Committee. All voted in favor thereof.
The recommendation of the Street & Alley Committee that an Ordinance
be drafted and adapted requiking property owners to remove snow, ice, dirt and
rubbish from sidewalks within 24 hours of its deposit and providing that it be
removed at owner expense in event of the owner's failure to do so was read and upo
motion by Haas, second by Briese,'the recommendation was approved and the City
Attorney was instructed to prepare the necessary ordinance. All voted in favor
thereof.
The recommendation of the Water Committee and the Superintendent of the
Water Department that the bid of Acton Construction Company of St. Paul, Minnesota
be accepted -in the amount of $23,657.00 for contract No. 4 for construction of
foundation and connecting piping of 500,000 gallon elevated tank for Northwest
Service Area, pursuant to Chapter 429, Minnesota Statutes, as amended, and checks
be returned to the unsuccessful bidders was read and upon motion by Tingley, second
by Briese, the recommendation was approved. All voted in favor thereof,
A letter from the Rochester Fire Department Relief Association requesting
permission to make a loan of $13,, 500.00 to Harvey Q. Miller on a new home at 2507
17th Avenue Northwest was read together with the recommendation of the Finance
Committee that the said loan be granted. Upon motion by Tingley, second by Haas,
the recommendation of the Finance Committee was approved. All voted in favor there-
of.
The applications:of Barkalow Bros. for two cigarette license at the
gahler Hotel (20 - 2nd Avenue S.W.) and the Zumbro Hotel (105 - 1st Avenue S.N.)
were each read and upon motion by Morris, second by Briese, the licenses were grant
Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., February 3, - 1958
The report of the City Weighmaster for the month of January, 1959 showing
fees collected for loads weighed in the amount of $78.00 was read and President
Schroeder ordered the same placed on file.
The report of the Clerk of Municipal Court for the week ended January
249 1958 showing total criminal fines and costs collected and civil fees received
$1,331,05 and total remitted to the City Treasurer $661.85 was read and having
been approved by the City Attorney, President Schroeder ordered the same.placed on
file.
Reports submitted by the City Planning Director showing the extent of
annexation activity for the period January 1, 1954' through December 31, 1957
and a recapiLtulation of land development analysis for the period January 1, 1957
to December 31, 1957 were each presented and President Schroeder ordered the same
placed on file.
Alderman Tingley sUgges,ted that the Council consider some way of putting
lin another street in Sunset Terrace Addition, at present their was only one street
Idown by the I. 0. I. Building which led into Sunset Terrace Addition, and
(thought perhaps 17th Street Northwest, just north of the Valencia, could be con-
sidered. Upon motion by Tingley, second by Kamm, the matter was referred to the
City Engineer and the Planning and Zoning Commission. All voted in favor thereof.
The request of the Board of Public Health & Welfare Department for per-
mission to employ Mr. Alvin Wondrow as a garbage collector was again considered at
this time. Dr. Viktor 0. Wilson, Health Officer, was present and explained that
with their new truck they were going to try to have a combined service of picking
lup both garbage and refuse, they planned on about 1,000 customers and a three man
Istaff would be needed. He stated that Mr. Watson was an additional employee but
they felt it was necessary to operate "the truck. A motion was then made by Alderman
Haas that the appointment of Mr. Alvin Wondrow be approved as requested. Alderman
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Briese seconded the motion and all voted in favor thereof.
The following proposal from Joseph J. Smisek of 1510 North Centeral in
aribault, Minnesota, was then read:
"I respectfully submit to you for your consideration my
proposal for obtaining salvage from your City Dump and Disposal
Area.: for the privilege of exclusive sa.lavage rights between
Feb. loth and August loth, 1959, from the City Dump and Disposal
Area I would pay to the City of Rochester $100.00 per month on
the loth day of each month commencing Fe. loth, 1958 for each
month of taking salvage. Should such privilege be granted me I
agree in no way to interfere with the operation of the City
Dump or Disposal Area, and agree to do all my work below the bank
of the dumping area so as not to -interfere with .the haulers. And
should this privilege be granted I would release and discharge the
City of Rochester or its employees from any and all liability for
injury sustained by me or my employees in connection with the
franchise granted me.
lderman Haas, Chairman of the Street & Alley Committee, reported that they had
onsidered this proposal and recommended that thisbe-allowed for a trial period
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of six months. A motion was then made by Alderman Tingley that this matter be
referred to the City Attorney, with power to act, to make the necessary legal
papers to handle this proposal for the trial six month period. Alderman Haas
seconded the motion and all voted in favor- thereof..
The following resolutions were each introduced and read and President
Schroeder declared the same duly passed and adopted:
.Resolution accepting the bid of Acton Construction Company for the
construction of a 500,000 gallon elevated tank foundation and -connecting piping,
contract;No. 4. Upon motion -by Briese, second by DeWitt, resolution adopted.
Resolution ordering bids for construction of runways, taxiways -and apro
for the New Municipal Airport, bids to be received on February 26, 1959 at'3:00
P. td. Upon -motion by DeWitt, second by Haas, resolution 4dopted.
Resolution referring the proposed change of zoning of the East 93.6 feet
of the North 45 2/7 feet of Lot 7, Block 3, Original Plat (304 - 5th Street
Southwest} to the Board of Zoning for investigation and recommendation. Upon
motion by Haas, second by Kamm, resolution adopted.
Resolution amending the "Employment Policy" by deleting therefrom,
Section I PROMOTIONS AND ENTRANCE SALARIES. -Upon motion byXamm, second by Morris,
resolution adopted. The matter was then discussed -and decided rather than delete
all of Section I that the same be amended to allow the. Department Heads to upgrade
or raise a salary of, an. employee to 100% if they saw fit. A motion was then made
by Alderman Kammithat the Council reconsider the action on the above resolution.
Alderman Morris seconded the motion and all voted in favor thereof. A motion was
then made by Alderman Tingley that this resolution be tabled. Alderman DeWitz
seconded the motion and all voted in favor thereof.
Resolution authorizing the Mayor and City Clerk to execute "Extension
Agreement" with the Chicago and.Northwestern Railway Company providing for the
lease of railway property for the use of a •pump house. Upon motion by Morris,
second by Tingley, resolution adopted.
Resolution authorizing and -directing the City Clerk -to advertise for
sealed proposals, fo.r the .sale and removal of buildings located on the East 100 feet
of Lots 10, 1.1 and 12, Block 21, Original "Pla•t (Baihley Property). Upon motion `by
Tingley, second by Briese, resolution adopted.
Resolution amending resolution levying special assessments for the con
struction of a loll watermain to.Elton Hills Addition; Upon motion by Briese,second
by DeWitz, resolution adopted.
Resolution appropriating $241.05 from the Park Improvement Fund and
$444.8o from the Police Protection Fund and ordering payment made to Universal
Motors, Inc. $444.90 and First National Bank, $241.05. Ur.on'motion by DeWitz,
second by Haas, resolution adopted.
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r Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., February 3. 1959
OBWALD PUBLIBNINO CO.. NEW ULM. MINN. 5195
Resolution appropriating $1,508.80 from the Bridge Fund and ordering
payment made to Leon Joyce. Upon motion by Haas, second by Kamm, resolution
adopted.
Resolution appropriating $550.00 from the General Fund and ordering pay-
ment made to Harkness & Webster Funeral Home. Upon motion by Kamm, second by
Morris, resolution adopted.
Resolution appropriating $1,474.62 from the General Fund, $672.33 from
the S & A Fund, $547,92 from the Sewer Fund and $200,00 from,the Parking Meter Fund
and ordering payment made to State of Minnesota, Dept. of Public Examiner, $1, 264.74;
Herbert G. Knopp, $214,93; International Salt Company, $460.00; Firestone Stores, Inc.
$207.93; Green Bay Foundry & Machine Works, $547.82 and LaVonne D. Petersdorf,
$200,00. Upon motion by Morris, second by Tingley, resolution adopted.
Resolution appropriating $446.00 from the General Fund, $5, 794, 73 from the
Park
Park Improvement Fund and $132.98 from the Lighting Fund and ordering payment made
to Mayo Civic Auditorium Revolving Fund, $3,985.72; City of Rochester, P..U.,
$1,941.99 and Viktor 0. Wilson,-.M.D. $446,00. Upon.motion by Tingley, second by
Briese, resolution adopted.
Resolution appropriating $8,705.09 from the Sewer Fund and ordering pay -
went made to Carlisle G. Fraser, Inc.
resolution adopted.
Upon motion by Briese, second by DeWitz,
Resolution appropriating $17,897.15 from the P. I. R. Fund and ordering
payment made to Carlisle G. Fraser, Inc. Upon motion by DeWitz, second.by Haas,
resolution adopted.
The following claims mere each read and upon motion by Morris, second.by
Briese, 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: Emil J. Aufenthie, $.30.00; Richard E. White,
$50.00; Olmsted County Medical Group, $1.50; Charles H. Dornack, $40.65; Garnet
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Spring, $20.10; William Burrows, $37.58; Wm. It. Burrows, $39,00; Garnet Spring,
$21,00; Garnet Spring, Building Inspector, $15.00; Marvin W. Price, $34.95;
illetta E. Hoaglan, $54.67; Clerk of Municipal Court, $49.16; N. W. Bell Telephone
o., $108.55; The Dunbar Register, $10.05; Ineternat.ional Business Machines Corp.,
35, 00; H. A. Rogers Co., $53. 21; Weber and Judd Co., $6.1.1; The . Johnson Company,
6.60; The Construction Bulletin, $22,40; Rochester Transfer & Storage Co., $10,00;
archant Calculators, Inc., $35,00; Miller Davis Cd., $16.80; City of Rochester,
U., $13.23; Beckley Business Equipment Co., $1.25; Marvin Law Book Co., $40.00;
allaghan And Co., $30,00; Albert J. Tingley; $16.50; C. A. Cottingham, $62.40;
lbinson, Inc., $10.49; Bement Cahill Equipment Co., $14.75; Chas. Olson & Sons;
11.20; George Van Schaick, $20.00; Whiting Press, Inc., $65.35; R: E. D2-ips Grocer
o• . $25. 50; Eco. , Inc. , $63.75; General Trading Co., $24. 66; Arnolds. Supply Co. ,
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Record of Official Proceedings. of . the .Common Council 171.
of .the_.City. of Rochester, -Minn., F e-bru ary 3, 1959
OSWALD PUBLISHING CO., NEW ULM, MINN. 5195
$6.56; Larry Lentz, $80, 50; Witte Transportation Co., $2.50; Harold's Auto -.-Electric
$1.50; Elfreda Reiter, City Clerk, $135.75; Peoples Natural Gas Co., $10.93; H &
.H Electric Co,, $63.96 and Reeve's Drug Store, $5.99, "
From the Street & Alley Fund:' IT. Wo Bell Telephone C'o., $11.30; The
Sanitary Company, $20.13 ; Standard Oil Company, $54. 25; R. C. Drips Grocer Co.,
$22.50; Socony Mobil Oil Company, $14.19; Industrial and Truck Parts, $9.41;
Consolidated Steel and Supply, $36.52; Ruffridge Johnson Equipment Co.,
$1.5g;
Arts Auto Parts, $3.50; General Trading Co., $104.00; William H.' Ziegler, $112,20;
Peoples Natural,Gas Co., $63.83; National Bushing & Parts, $1.95 and Herbert G.
SnoPP, - $15. 20.
From the Fire Protection Fund: N. W. Bell Mulenhone Co_ _ t_17_ tin• nliA
Sanitary Co., $7.98; S. M. Supply Co., $110.69; Harolds Audo Electric, $1.90; C. F.
Massey, $18.94; United Chemical Co., $30.00; Paper Service Co., $29.27; Kenneth
Stolte'nberg; $60.00; Fire and Safety, Inc., $6.10; Minn. State Fire Dept. Assn.,
$35.-00 Rochester Soft Water Service, *$4.00; Maas Plumbing & Heating, $10.96;
Peoples Natural Gas Co., $85.17 and National Bushing & Parts, $4.50.
From the P. I. R. Fund: Morris Haydon, $1.62. ,
From the Sewer Fund: N. W. Bell Telephone Co., $19.45; General Trading
Co., $20.67; Witte Transportation Co., $2.50; S. M. Supply Co., $.31; Zep Mfg. Co.,
$s4.21; S. M. Supply Co., $8.96; Harold's Auto Electric, $14.75; Chicago Great
Western Railway Co., $31.49; Municipal Equipment Co., $78.27 and Merchants Chemical
Co.. $97.41.
From the Police Protection Fund: Whiting Press, Inc., $3.10; Elfreda
Reiter, City Clerk, $30.00; National Bushing & Parts, $22.20; Carl J. Briese,
$24.90; Arnold"C. Anderson, $24.90; Minit Car Wash, $5.00; Reuben A. Rieck, $40.00;
Weber and Judd Co., $22.20; Donald S. Crowe, $2.00; Reeve's Drug Store, $2.70;
John B. Carney, $15.50; General Trading Co., $3.33; Clements Chevrolet Company-,
$1?1.65; Business Services, Inc., $12, 50; Harolds Auto Electric, $48.90; Olmsted
County Business Mens Association $2.00; Arnold C. Anderson, $2.00.
From the Parking Meter Fund: National Bushing and Parts Co., $1.23;
Gopher Stamp and Die Co.., $25.781 H & H Electric Company, $60.75•
At 4:00 P. M. President Schroeder declared a short recess so the Sewer
Committee could. go over the bids. The meeting wa.s called to order at 4:30 P. M.
The recommendation of the SewerCommittee and the City Engineer that the
bid of Carlisle G. Fraser; Inc. forthe construction of a sanitary sewer on 11-L157 St.
S. F., 11th Avenue S. E. to the west line in Gonderman & Thiels Addition and in 10-
Ave. S. E., 112 St. to 12th Street S. E. be accepted at the unit prices bid and
checks be returned to the unsuccessful bidderswas read. Upon motion by Haas, second
by Briese, the recommendation was approved.
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., February 3.. 1959
The recommendation of the Sewer Committee and the City Engineer th.at the
bid of G jell.efald Associates Inc. for the construction of a trunk line sewer in
loth St. S. E. -from 5th Ave. to 16th Ave. S. E. and a trunk line sewer in llth Ave.
S. E. from loth St. S. E. to 13th St. S. E. be accepted at the unit prices bid and
checks be returned to the unsuccessful bidders was read and upon motion by Kamm,
second by Morris, the recommendation was approved.
The recommendation of the Sewef} Committee and the City Engineer that the
bid of Carlisle G. Fraser, Inc. for construction of a sanitary sewer in loth St.
S.
E.
from
16th
Ave.
S.
E.
to
17th
Ave.
S.
E.
and in 11th
Street
S. E.
from
loth
St.
to
15th
Ave.
S.
E.
and
in
15th
Ave.
S.
E.
from loth to
12th
Street
S. E.
be
laccepted at the unit prices bid and checks be returned to the unsuccessful bidders
was read and upon motion by Haas, second by Briese, the recommendation was approved.
The recommendation of the Sewer Committee and the City Engineer that the
bid of Littrup Nielson for construction of a sanitary sewer in ,13th St. S. E. from
loth Ave. to llth Ave. S.. E, and in loth Ave. S. E. from 12th to 13th St. S.. E. be
accepted at the unit prices bid and checks be returned to the unsuccessful bidders
was read and upon motion by Briese, second by DeWitz, the recommendation was, -
approved.
The following resolutions were each introduced and read and President
Schroeder declared the same duly passed and adopted;
Resolution accepting the bid of Carlisle G. Fraser, Inc. for construction
of a sanitary sewer in 11i Street Southeast from llth Avenue Southeast to the west
line of Gonderman & Thiele Addition and in 10 Avenue Southeast from 112 to 12th
Street Southeast. Upon motion by Briese, second by Tingley, resolution adopted.
Resolution accepting the bid of D jellefald Associates, Inc. for the
construction of a trunk line sewer in loth Street Southeast_f rom.5th Avenue to
16th Avenue Southeast and a trunk line sewer in llth 'Avenue Southeast from loth
to 13th Street Southeast. Upon motion by DeWitz, second•by Haas, resolution adopted.
Resolution accepting bid.of Littrup Nielson for construction .of a sanitary
(sewer in 13th Street Southeast from loth to llth Avenue Southeast and in loth
Avenue Southeast from 12th to 13th Street Southeast. Upon motion by Haas, second
Iby Kamm, resolution adopted.
Resolution accepting the bid of Carlisle G. Fraser, Inc. for construction
lof a sanitary sewer in loth Street Southeast from 16th Avenue Southeast. to 17th
venue Southeast and in llth Street. Southeast from loth Street Southeast to 15th
venue Southeast and ;in 15th Avenue Southeast from loth to 12th. Street Southeast.
pon motion by Kamm, second by Morris, resolution adopted,
Mayor Bach presented a letter from Mr. Bert Leitzen stating that he had
eceived notice that he was to'vacate the property on which his concrete plant was
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Record of Official Proceedings of -the Common Council
of the. City -of Rochester, Minn., February 3, 1959
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located not later than March 1, 1959 but due to some of the equipment being frozen
to -the ground he requested an extension --of time. A motion was made by Alderman
Tingley that he be granted a 30 day extension and -the City Clerk was instructed tol
notify Mr. Leit zen of this action. Alderman Briese seconded the - motion and all
voted in favor thereof.
An Ordinance annexing to the City of Rochester Block Five and the West
One-half of Block Six Highland Addition in Olmsted County, Minnesota was presented
A motion was made by Alderman Haas that the ordinance be tabled -until the meeting
of February 17, 1959. Alderman Tingley seconded the motion and all voted in favor
tbeereof.
An Ordinance amending an ordinance entitled, "An Ordinance granting to
the Northern Natural Gas Company, a corporation (operating as Poeples Natural Gas
Division) its successors and assigns, a non-exclusive franchise to produce and
manufacture and .to use the streets, alleys and other public places for the
transmission, distribution and sale of gas and prescribing the terms and conditions
of such franchise(amending the gas rates), was given its second reading.
Alderman Haaz.stated that when the increase in the gas rates had been
figured the decimals had been dropped and thereby the increase did not amount to
six percent. Mr. Joe Robbins, of the Gas Company, was also present and stated
that the way the increase had been figured it only gave them an increase of 5.3%
instead of 6% and requested that the Council change the rates to allow them the
6% increase_.: A motion was made by Alderman Morris referring this matter to the
License Committee for study and recommendation at the meeting on March 3, 1958.
Alderman Tingley seconded the motion and all voted i.n f.avor thereof.
An Ordinance amending an ordinance entitled, "An Ordinance for the purpose
of promoting health, safety, order, -convenience and general welfare by regulating
the us'e of land, . the location, size, use and height of buildings and the arrange-
ment of buildings on lots, and the density of population within the City of
Rochester, Minnesota, all in accordance with a comprehensive plan (changing Lots 1
to 16, inclusive, Block 1, Cascade Plaza to a multiple dwelling zone) was given its
first reading.
Upon motion by Tingley, second by Brie.se, and upon roll call and all
voting in favor thereof, the ordinance was given its second reading.
Upon motion by DeWitz, second by Tingley, and upon roll call and all
voting in favor thereof, the ordinance was given its third and final reading.
A motion was then made by Morris that the said ordinance be adopted as
read. ,- Br•iese seconded the :notion and all voting in favor thereof, President
Schroeder declared the said ordinance duly passed and adopted.
R. V. Ehrick, City At reported that he had checked the letter
0
174 Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., February 3, 1959 .
OSWALD PUBLIBNINO DO., NEW ULN, MINN. 5195
from the Charter Commission requesting the Council to adopt an ordinance
requiring city employees to reside- within the city limits. He stated that there
was no requirement in the present charter which required employees to live in
the city limits and that Section 16 applied only to elective officials and
Section 274A applied only to the letting of contracts, and felt if the services
of a competent employee could be procured, the same should not be.hindered by the
regulation that he must live within the city limits. A motion was made by
Alderman Flamm that this matter be tabled. Alderman DeWitt seconded the motion
and all voted in favor thereof. •
Than motion by Tingley, second by Kamm, the meeting eras adjourned until
7:30 P. M. on Monday, February 3, 1958.
City Clerk
Minutes of an adjourned 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 February 3, 1959.
President Schroeder called the meeting to order at 7:30 P. M., the
following members being present: President Schroeder, Aldermen Btiese, DeWitz,
Haas,. Kamm, Morris,,_ Tingley.
President Schroeder stated this as being the time and place set for
a hearing on the request of.Mr. & Mrs. Leon Ferber for a variance of the provisions
of the Zoning Ordinance for removal of a grocery store building from 626 - 6th St.
S. W. to 709 - .6th Avenue S. W. There was no one present wishing to be heard.
A motion was made by Alderman Tingley that the hearing be terminated and the
petition of Mr. & Mrs. Ferber be tabled for the time being. Alderman DeWitz
seconded the motion and all voted in favor thereof.
The .claim of Mrs. Mary Conway of 324 @ loth Avenue S. t. for damage •
done to her basement by the sewer backing up was again brought up. Mayor Bach
reported that the plumbing concern had not reported back and recommended that this
matter be referred to committee. Upon motion by Tingley, second by Haas, the matter
was referred to the Sewer Committee, the City Engineer and the City Attorney, All
voted in favor thereof.
May.or Bach presented the three following amendments to the City Charter
which ha,d been presented to him by the Board of Freeholders "of the City of Rochester,
which were read:
AMENDMENT NO. 1
The Charter of the City of Rochester, adopted pursuant to Minnesota
Constitution, Article 4, Section 36, and Minnesota Laws, 1903, Chapter 238
and ratified August 22, 1904. as amended is hereby amended by the substitution
of the following in lieu of Section 3, Section 15, Section 82, a.nd' Section 128,
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• Record of Official- Proceedings of the Common Council
of .the .City. of Rochester, Minn.,; F e b rua ry 3 ; 19 5 9
17p
thereof, as follows: .
"Section 3. The said City shall be divided into six (6) wards, called
the First, Second,, Third, Fourth, Fifth and Sixth Wards.
"The First Ward shall comprise all that part of the City which lies east
of Broadway South and south of a line drawn east and west along the center
of that part of Sixth Street Southeast lying east of Third Avenue Southeast,
and extended westerly to said Broadway South, and extended easterly to
the intersection of said Sixth, Street Southeast and Thirteenth Avenue
Southeast and thence southeasterly along the center of Old Trunk Highway
Number Twenty (20), (being that street extending southeasterly f rom the
intersection of Sixth Street Southeast and Thirteenth* Avenue Southeast
to the intersection of Highways Fourteeen (14) and Fifty-two (52) to
Eight and One-half (Sa) .Street Southeast, thence easterly along tl-e
center of Eight and one-half (82) Street Southeast to the eastern
limits of the City.
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"The Second Ward of the said City whall comprise all that part of the
said City which lies west of Broadway South and south of a line commenc-
ing at the center of the intersection of Sixth Street Southwest and
Broadway South, thence west along the center of Sixth Street Southwest
to the center of Highway Fifty-two (52), as presently laid out, thence
north along the center of Highway Fifty-two (52) to the center of Fifth
Street Southwest, thence westerly along the center of Fifth Street
Southwest to the western limits of said City.
"The Third Ward shall comprise all that part of the City which lies
north of the Second Ward and west of Broadway North and South and south
of a line drawn east a.ndwest along the center of Seventh Street Northwest
to the intersection of Seventh Street No-rthwest,.if extended, and the
Chicago Northwestern Railroad Right-of-way, thence Westerly along the
center of the said Chicago.Northwestern Railroad Right -of -Way to the
western limits of the City.
"The Fourth Ward shall comprise all that part of the said City which
lies north of the First Ward and east of Broadway North and South and
south of a line drawn east and west along the center of Seventh Street
Northeast to the eastern limits of said City.
"The Fifth Ward shall comprise all that part of the said, City
,which
lies north of the Fourth Ward and east of Broadway North.
"The Sixth Ward sa.hil comprise all that part of the said City which
lies north of the Third Ward and west of Broadway North."
This amendment shall become effe-etive January 1, 1960.
"Section 15, The elective officers of each ward shall be one Alderman.
The Alderman from each of the odd numbered wards shall be elected in each
odd numbered year and shall each hold office for two (.2) years and until
his successor is elected and qualified. The Alderman from .each of the
even numbered wards shall be elected in each even numbered year and shall
each hold office for two (2) years and until his successor is elected aid
qualified. This amendment shall become effective on the 1st day of
January, 1 60. The term of office of 9 all Aldermen holding office on the
effective date of this amendment shall expire on the first Monday in
April, 1960, and the residence provisions of Section 22 of this Charter
shall not operate to vacate the office of any Alderman holding office
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between such effective date and the first Monday in April, 1960. Any
Alderman elected from
an odd numbered ward in the general City election
in 196o shall hold office for one (1) year and until his successor is
elected and qualified.111.
"Section 82. The legislative authority of the City shall be vested in a
Common Council, which shall be composed of an Alderman at Large and one
Alderman from each ward in the City."
"Section 129. There shall be a Board of Park Commissioners of the City
of Rochester, to consist of one member from each ward and one member at
large, appointed by the Mayor and confirmed by the Common Council. They
shall be residents and freeholders of the City. Each shall hold office
for two (2) years. A Park Commissioner shall be appointed from each odd
numbered ward on the second Monday in April in each odd numbered year and
Park
a Commissioner shall be appointed from each even numbered ward on
the seconc Monday in April in each even numbered year. The Park Commission-
er at Large shall be appointed on the second Monday in April in each odd
numbered year. This amendment shall become effective on the first day of
January, 1960 and the term of office of all Park Commissioners holding
office on the effective date of this amendment shall expire on the second
Monday in April, 1960. The term of office of the Park Commissioner at
Large and the Park Commissioners from odd numbered wards, appointed on the
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second Monday in April, 1960, shall expire on the second Monday in April,
1961. 11
176 Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., February 3, 1959
AMENDM ENT NO. 2
The Charter of the City of Rochester, adopted pursuant to Minnesota Consti-
tution, Article 4; Section 36, and Minnesota Laws, 1903,, Chapter 239, and ratified
August 22, 1904, as amended, is hereby amended by the amendment of Section 163,
Section 164 and Section 131 as follows:
I
Section-163 is amended by the addition, immediately following subdivision
"Sixteenth') thereof, of a now paragraph to be numbered subdivision "Seventeenth"
and to read as follows:
"Seventeenth. An Auditorium Fund, into which shall be paid all taxes
levied by the Common Councib for the purpose of operating, maintaining,
repairing and improving municipal auditoriums, and all revenue produced
by the operation of municipal auditoriums."
II
Section 164 is amended by the addition at the end thereof of a new paragraph
to read as follows:
"For the Auditorium Fund, so much as it may deem necessary for the
operation, maintenance, repair and improvement of municipal auditoriums,
not exceeding one and one-half (12) mills on the dollar of such assessed
valuation. "
III -
Section 131 is amended by the addition at the end thereof of a new sentence
to read as follows:
"Municipal auditoriums, and facilities incident thereto as defined by
the Common Council,,located in city parks shall be under the management
and control of the Common Council, or such person or .board, whether then
existing or established for this purpose, as the Common Council, by
resolution, may designate."
AMENDMENT N0. 3
The Charter of the City of Rochester, adopted pursuant to Minnesota Consti-
tution, Article 4, `Section 36, and Minnesota Laws, 1903, Chapter 239, and ratified
August 22, 1904as. amended is hereby amended by the substitution of the following ,
in lieu of Section 14 thereof, as follows:
"Section 14. The elective officers of said city shall be a Mayor, an
Alderman at barge, an Assessor and a Treasurer. The Mayor shall be
elected at the general City election in each odd numbered year, and shall.
hold office for a term of two (2) years, and until his successor is
electe �' d qualified. The Alderman at Large shall be elected at the
genera a ection in each even numbered year, and shall -hold office two (2)
years, and until his successoris elected -and qualified. The Assessor
elected in 1959 shall hold office four (4) year-s and until his successor
shall be elected and qualified and the Treasurer elected in 1959 shall
hold office two (2) years and until his successor is elected and qualified.
Each Assessor elected subsequent to 1959 shall hold office four (4) years
and until his successor is elected and qualified; and each -Treasurer
elected subsequent to 1959 shall hold office two (2) years and until his
successor is elected and qualified. Any Assessor or Treasurer elected at
a time other than the time such officer should be chosen; by reason of a
vacancy in such office, shall hold office only for the unexpired term
thereof."
The foregoing proposed amendments to the Charter of the City of Rochester are
hereby proposed to the people of said City by the Board of Freeholders thereof,
pursuant to Minnesota Constitution, Article 4, Section 36, and Minnesota Statutes,
1953, Chapter 410, and is hereby delivered to the Mayor of said City in order that
it may be submitted to the voters in accordance with the prodisions of said
Constitution and statutes.
IN WITNESS WHEREOF, we have hereunto set our hands this 3rd day of Fe•bruary,A.D.,
nineteen hundred and fifty-eight.
EMROLD THIEM PAUL A. GRASSLE
ROBERT PETERSDORF ISM. P. BENNYHOFF
HELE N Be NACHREINER BERNARD J. ENGELS
LEO C. ANDERSON ALBERT J. TINGLEY
CARLOS F. ELLIS HART HATCHETT
HIKO SMITH WALTER BURDICK
ROBERT Co ROESLER MRS. LOUIS MURPHY
HOWARD H. SMITH
Members of the Board of Freeholders, City of Rochester, Minnesota.
-A motion was made by Alderman Tingley that the City Attorney be instrudted to
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prepare a resolution ordering that the above amendments be placed on the ballot to
Record of Official Proceedings- of the ' Common Council
of the . City, of Rochester, Minn., February 3. 1959
be voted on at the general Charter Election to be held on March 11, 1959. Alderman
Haas, seconded the motion and all voted in favor thereof.
Mr. Stanley Mohn presented two preliminary plats for additions to Sunset
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Terrace Addition. No action was taken anti the same were referred to the Planning
C.0
Director.
Mr. Joseph Mackey was present and requested that the Council vacate a
piece of land on 5th Street Southeast between loth and llth Avenue. He presented a
sketch of the land and stated that the same would not ever likely be used for
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street purposes. He was requested to present a formal petition requesting vacation
of this lard before it would be considered.
A resolution providing for public sale of $1, 500,000 General Obligation
Bonds„ Series Aand $1,000,000 Improvement Bonds, Series C-, was then read. A motion
was made by Alderman.Morris that the resolution be approved and bids be received on
March 31, 1959 at 7:30 P. M. Alderman DeWitt seconded the motion and upon roll call
all voted in favor thereof.
The matter of employing P. fiscal agent for this sale of bonds was then
discussed. It was noted that most of the preliminary work had been done and that
the maturity of the bonds had already been set-in the above resolution. A motion
was then made by Alderman Haas that the City dispense with the services of a fiscal
agent for this bond issue. Alderman Morris seconded the motion and all voted in
favor thereof, except Alderman Tingley, who voted "no".
Mr. Don Swenson, manager of the Rochester Airport, was present and
explained a brief that had been.prepared in the matter of seven states area
investigation case and listed exceptions to the decision of the examiner in getting
certain air services into and through
the City of Rochester. He requested that the
Council consider participating in part of the cost of sending a delegate, or
delegates, to Washington, D. C. to participate in oral argument in trying to secure
some of these services. -He stated that the Chamber of Commerce had formerly parti-
cipated in this cost and was sure that they would do so again if at g all possible
he estimated that the cost of same would probably be between six and seven hundred
dollars. A motion eras then made by Alderman Kamm that if the bill for such a
service, when presented is considered to be reasonable and proper in the eyes of the
Common Council, that the Council assume the obligation so this survey can go ahead,
said bill not to exceed $700.00. Alderman Haas seconded the motion and all voted in
favor thereof,
Mr. B. F. Mulvihill, Area. Business Representative of International Union
Of Operating Engineers, representing the Street 3c Alley Employees was present and
inquired if he could not meet with the Council in regard to setting wages for the
year beginning April 1, 1959. He stated that rather than wait until after the wages
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1.78. Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., February 3 , . 19 59
OBWALD PUBLISHING CO., NEW ULM. MINN. 8195
are set on April 1, 1959 they would rather meet now and if necessary have a fact
finding board before the wages are set. He was informed that the present Council
could not set wages for the coming year as that would be the duty of the Council
as cf April 1, 1959 which could be a different Council that the one at present.
R. V. Ehrick, City Attorney reported that after some investigation of
the law on the matter of the dual taxation on certain lands in Elton Hills
Additions he had come to the following conclusions;
(1) That the newly annexed lands in question are subject to the taxes
levied by Common School District No. 1356 for the purpose of paying
principal and interest on bonded indebtedness incurred by the Common
School District prior to the time the lands inquestion were detached
and annexed to Special School District No. 4. That the provisions of
Chapter 122 of the Statutes of the State of Minnesota require that the
liability to pay bonded indebtedness run with the land regardless of
the fact that theland was subsequently detached and annexed to another
school district.
(2) That the question whether the liability or obligation to pay
taxes to retire bonded indebtedness of Common School District No: 1356
is a lien or encumbrance on the land the amount of which the present
owners will be entitled to receive against their predecessors in title,
is a private matter to be resolved by the present otiners •and their
predecessors in title and is not a matter in whcch the City has
jurisdiction or should take action.
(3) That the question whether Common Gehool District No. 1356 can be
compelled to apply the amount received by that school district from the
State of Minnesota as the result of recent condemnation proceedings is
a question to be resolved by Comm -on School District No. 1356 and the
present owners of the lands in question, and the City has no authority
or jurisdiction in the matter.
(4) The newly annexed lands in question are subject to taxes levied
to retire the bonded indebtedness of Special School District No. 4
incurred prior to their annexation to the City of Rochester, Minnesota.
The City Attorney stated that his opinion on this question was not
absolutely free of doubt but that the provisions of the special act of
1999 by which the legislature of the State of Minnesota crdated the
Rochester Special School District, together with the provisions of
Section 413.22 of the Minnesota Statuses by which the lands in question
were annexed to the City of Rochester and the analogy which can be
drawn from the provisions of Section 122.016, Subdivision 6 of the
Minnesota Statutes, seem to.indicate rather clearly that these newly
annexed lands are subject to tax levy to retire the bonded indebtedness
incurred by Special School District No. 4 prior to annexation.
After hearing the conclusions of the City Attorney, a motion was made by Alderman
Kamm instructing the City Attorney to prepare a resolution setting forth the above
findings and that the same be referred to the School Board. Alderman Tingley
seconded the motion and all voted in favor thereof.
The matter of obtaining land in Bielenberg & Giese's 4th Addition for
park purposes was again discussed. A motion was made by Alderman DeWitz that
Aliarman Morris, Chairman of the Finance Committee, meet with the owners of
Bielenberg & Giese 4th Addition in regard to financing the purchase of the land
and the City Attorney was instructed to prepare a resolution starting condemnation
proceedings. Alderman Haas seconded the motion and 9.11 voted in favor thereof.
The resolution amending the City Employment Policy by deleting therefrom
Section I PROMOTIONS AND ENTRANCE SALARIES tabled earlier in the meeting was again
discussed. The City Attorney was instructed to redraft ®he resolution and include
the following in same;
All employees other than department heads shall be paid at the
rate of- 90% first 6 months; 95% next 12 months; ' and 100% thereafter;
Provided that at any time prior to the above that the Department
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