HomeMy WebLinkAbout05-19-1958�40Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., May 19, 1958
OBWALD PUBLISHING CO., NEW ULM, MINN. 5195
Minutes of a meeting of the Common Council of the City of Rochester, Minnesota, held in
the Council Chambers in the City Hall, in said City, on May 19, 1958.
President Kamm called the meeting to order at 7:30 P. M., the following members being
present: President Kamm, Aldermen=Haas, Hanlon, McGuckin, Morris, Wilkus. Absent: Alderman
Tingley.
Upon motion by Haas, second by Wilkus, the minutes of the meeting of May 12, 1958 were
approved.
President Kamm stated this as being the time and place set for a hearing on the con-
struction of a sanitary sewer and water main in 21st Avenue Southwest from 3rd to 5th Street •
Southwest. There was no one present wishing to be heard. President Kamm declared the hearing
closed.
President
Kamm stated this
as being the time and place set for receiving and opening
bids for
furnishing one
panel truck for
use in the City Engineer's Department. The bids of
Clements
Chevrolet Co.
in the amount of
$1,978.67 and Universal Motors, Inc. in the amount of
$1,863.61
were each received and opened
and upon motion by Haas, -second by Wilkus, the same were
referred
to the Public
Works Committee
and the City Engineer for tabulation and report.
President Kamm stated this as being the time and place set for receiving and opening
bids for the sale and removal of the residence located at 850 - 7th Street N. E. (Bottke property).
The bids of Lyle E. Hetzel in the amount of $137.00 and John Ryan in the amount of $300.00 were
each received and opened and upon motion by Haas, second by Hanlon, the same were referred to the
t
Public Works Committee and City Engineer for report.
President Kamm stated this as being the time and place set for receiving and opening
bids for'sale and removal of the residence and garage at 902 - 7th Street N. E. XGreenwaldt
property). The bids of Fred Schoenfleder in the amount of $810.00; John Ryan in the amount of
$710.00; Lyle Hetzel in the amount of $805.50; Burt Zempel in the amount of $1,010.00; Mr. & Mrs.
F. C. Hendricks in the amount of $513.00; David E. Proud in the amount of $895.00; Phil Cassidy
z
in the amount of $1,602.00 and Glen Hermann in the amount of $1,056.00 were each received and
upon motion by Haas, second by McGuckin, the same were referred to the Public Works Committee and
City Engineer for report. •
Mr. Wendell Bass of 1303 2nd Avenue Northwest was again present and stated he felt
some action should be taken on what is going to be done about his property. It has been in process
since last August and he would like to know how much of his land would be taken for straightening
of the street. C. A. Armstrong, City Engineer, stated that the plans would be ready by June 1st
and the condemnation proceedings would then be started, and the condemnation proceedings would take
at least six to eith weeks. It was suggested that perhaps the Public Works Committee try to negotiate
when the plans were completed and thereby save time.
The request of the Lincoln School P. T. A. for permission to conduct a bingo game at
their annual picnic and carnival on May 23rd at the Lincoln School grounds was read. The same was
ordered placed on file.
A letter from Raymond Moore, Chairman of the Olmsted County Centennial Train Committee, II
•
341
Record of Official Proceedings of .the Common Council
of the City of Rochester, Minn., May 19, -1958
1
Is
1
u
1
requesting that the Mayor and Council attend the ceremony officially recognizing the arrival of
the Minnesota Centennial Train on May 22nd, 1958 and the same was ordered placed on file.
The Mayor'.s appointment of the following men to the new Parking and Traffic Committee
of the City of Rochester was read and upon motion by Wilkus, second by Hanlon, the appointments
were confirmed:
One
Year Term
Two
Year Term
Mr.
Charles R. MacDonald-422 3rd Ave. S.E.
Mr.
Kenneth
G. Ward-1002 5th St. N.E.
Mr.
Robert E..Campbell-822 8th Ave..S.E.
Mr.
Vincent
L. Fitzgerald-1104 12th Ave. N.E.
Mr.
Joe Cooley-17.04 1st St. N.W.
Mr.
Fred W.
Schuster-814 loth Ave. S.W.
Mr.4John E. Ebinger-1190 Plummer Circle
Mr.
Robert Withers-1539 8th Ave. N.E.
Mr.
Earl J. Ladner-724 9th St. S.W..
Mr.
Stanley
Drips-1518 9th St. N.E.
Three Year Term
Mr. Donald L. Grue-113 12th Ave. N.W.
Mr. Warren Weed-930 8th Ave. S.W. .
Mr. Robert C. Roesler-1016 8th Ave. S.W.
Mr. Virgil M. Elliott-621 loth Ave. S.E.
Mr. C. J. Feldmann-1443 1st St. N.W.
Permanent Membership
Mr. C. A. Armstrong-310 7th Ave. S.W.
Mr. J. J. Macken-1616 2nd Ave. N.E.
Mr. T. 0.. Moore-1409 Berkman;Court
Mr. A. Eugene Haylett-1435 Damon Court
Dr. D. G. Hanlon-827 7th Ave. S.W.
A letter from the Rochester. Central Area Improvement Association supporting the
proposals of the Rochester Bus Line ,for service curtailments during the trial period was read,
and the same was ordered placed on file.
A letter from Mrs. M. M. Hennings requesting that something be done about the unsightly
condition at the Silver Lake Dam on North Broadway was read. Upon motion by Haas, second by
Wilkus the matter was referred to the Public Utility Board.
A letter from E. T. Watkins Electric Motor Service requesting a loading zone in front
of their business at 209 5th Street Southwest was read. Upon motion by Hanlon, second by McGuckir
the matter was referred to the City Security Committee.
A letter from H. W. Thompson requesting permission to build a suitable building to be
used for an 'off sale" liquor store for Chris Margellos on Lot 1., Block 2, Leiferman & Koehnen
Addition,(corner of 16th Street and 1st Avenue Northeast) was read. Upon motion by Wilkus,
second by Hanlon, the matter was referred to the City Security Committee.
A letter from the State of Minnesota, Depar.'tment of Conservation, suggesting that before
their department could approve the application of the City to appropriate ground water at the
New Municipal Airport that all wells within a radius of one mile of the proposed airport be
measured, noting depth of wells and static water levels and data be sent to them was read. Upon
motion by Haas, second by Wilkus, the letter was referred to the Airport Commission.
A claim of injury of Ida Mae Fischer in the amount of $40,000.00 resulting from a fall
caused by a defect in the sidewalk on llth Avenue Southeast between 4th Street and 6th Street
Southeast was read. Upoa motion by Wilkus, second by Haas, the claim was referred to the City
Attorney.
The following resolution adopted by the Board of Park Commissioners setting rates for
help used at the auditorium as demanded by the unions was read and upon motion Haas, second by
Wilkus, the resolution was accepted and the City Attorney was instructed to prepare a resolution
approving the said wages:
"WHEREAS, the Board of Park Commissioners are charged with the responsibility
of operating the City Park System to the satisfaction of the citizens, and
WHEREAS, to operate said Park System in the creditable manner excepted, said
11
Y Record of Official Proceedings of- the Common Council
of the City .of Rochester, Minn., May 19, 1958 ,
OBWALD PUBLISHING CO., NEW ULM, MINN. 5195
Park System must have competent and trained personnel in its employees,
NOW THEREFORE, BE IT RESOLVED by the Board of Park Commissioners, in its
regular meeting assembled, that the Norable. Mayor and the Common Council is
hereby requested to authorize the following salaries for the following listed
Stage and Moving Picture Machine Operators, for the year 1958-1959.
Per
Per
Performance
Hour
Carpenter
$12.00
$2.25
Propertyman
12.00
2.25
Electrician
12.00
2.25
Moving Picture Machine Operator or.
Public Address Operator
12.00
3.75
Head Flyman
6.75
2.25
Grips
6.75
2.25
Extra Flyment
6.7.5 .
2.25
Lamp Operators (2k) hours maximum
operating time
6.75
2.75
Assistant Propertymeni
6.75
2.25
Assistant Electricians
6.75.
2.25
All extra work, per hour $2.,25.unless otherwise herein provided.
Day work, such as preparing the theater for opening, per day of not more
than eight hours:
Carpenter 12.00
Moving Picture Operator (see above)
Propertymen per day 12.00
Electrician, per day 12.00
All others, per day 12.00."
The following letter from the Board of Park Commissioners was read:
"Honorable Alex P. Smekta, Mayor
and
The Common Council of Rochester
Gentlemen:
Because of a condition at Mayo Civic Auditorium which is o'f immediate concern to
us, we find it necessary to address this special letter to you at this time.
At the request of the Board of Park Commissioners following a report to the Board
by Mr. Cal Smith, Manager of the Building, Ellerbe and Company, Rochester architects,
have submitted an estimated cost for not only replacing the entire Auditorium roof,
but also for replacing plaster and repainting the theater section of the building.
It is the opinion of the Board, Mr. Smith and the architects that this project should
not be delayed longer. The cost dated May 5, 1958, are attached for the information
of the Common Council. The architects fee will not be over ten percent and we are
assured it could be under this percentage. The bond on the roof has expired.
Repairs to the roof (which are at best temporary) are increasing, and we urgently
request your consideration and approval of the sum required to place the Mayo Civic
Auditorium again in A-1 condition.
Additionally, Mr. Smith has requested the installation of an exhaust fan in North Hall.
The Board concurs that this item is improtant enought to include with the above request
for funds and submits for your consideration an estimate of a Rochester concern to cover
this work. We would welcome an opportunity to appear before the Common Council at a
time to be designated by your President, to discuss these items further and to answer
any questions you may want to ask.
The above two projects would cost an estimated $36,400.00.
Respectfully submitted,
BOARD OF PARK COMMISSIONERS
By Albert Toddie
President".
President Kamm ordered the letter to be filed temporarily and the Park Board Members and Mr. Cal
Smith, Manager of the Mayo Civic Auditorium, were requested to attend the meeting of the Council
next Monday night, May 26th to discuss the matter further.
Alderman Morris arrived at 8:20 P. M.
The following resolution adopted by the Public Utility Board was read and upon motion by
Hanlon, second by Haas, the same was ordered placed on file:
"WHEREAS, the Public Utility Department purchased and obtained a deed
dated March 7th, 1956 from the Mayo Association, for use as a site for a
substation, the following property:
1
•
fl
1
•
1
0
• Record of Official Proceedings of the Common Council
of the. City of Rochester, .Minn., May 19, 1958
Lot No. 24 in Block 9 of Ireland's First Addition
to the City of Rochester, Minnesota - and
WHEREAS, in the opinion of the Public Utility Board, the said property is
not a satisfactory site for a sub -station due to it's proximity to residential
dwellings on adjoining lots and the noise generated by such a sub -station would
create a serious nuisance, and
WHEREAS, the Mayo Association has offered to exchange, on even terms, a site
more suitable for said sub -station, described as follows:
A part of the Southwest Quarter of the Northwest Quarter of Section
12, Township 106 North, range 14 West described by metes and bounds
as follows:
Beginning at a point on the West line of said Quarter Section,
975.2 feet north of the southwest corner of said Quarter Section,
thence East at right angles to the previous course a distance of
94.0 feet to westerly right'of way line of the Chicago Great Western
Railroad, thence northwesterly along said right of way line a distance
•
of 180.51.feet to the West line of said Quarter Section, thence south
along West line a distance of 154.1 feet to the place of beginning.
Subject to the rights of the public on the `Rest 33 feet thereof for
roadway purposes;
THEREFORE, be it and it is hereby resolved by the Public Utility Board of
the City of Rochester, Minnesota that the Common Council of the said City be and
is hereby requestted to instruct the Mayor and City Clerk to execute a Warranty
Deed to The Mayo Association for Lot 24, Block 9 of Ireland's First Addition in
exchange for a deed to the property described in this resolution."
The following resolution adopted by the Sinking Fund Commission was read and upon motion
by Haas, second by Hanlon the action of the Sinking Fund Commission was approved:
"Be it resolved by the Commissioners of the Sinking Fund of the City of
Rochester, Minnesota:
That the sum of $101,410.05 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 $100,000.00
par value of 2 5/8% U. S. Treasury Notes - maturing February 15, 1963 (Principal
$100,000.00; Premium - $1,156.25; Accrued Interest - $253.80).
Be it further resolved: That the said $100,000.00 2 5/8% U.S. Treasury
Notes maturing February 15, 1963 be purchased for the Electric Depreciation
Reserve."
The recommendation of the Airport Commission that an amendment Ibe made to Grant Agreement
Number 2 for the construction of the New Rochester Municipal Airport, this amendment to permit the
City of Rochester to use funds previously appropriated for construction not originally included,
namely: construction of weather bureau building and tower and service building along with seal coat
on all bituminous'surfaces was read. Mr. K. M. McGhie was present and explained that the amend-
ment was sought in accordance with C. A. A. provisions becuase the amount approved by the C. A.A.
for paving purposes exceeded the federal share of.that part of the airport..development, the bids
•
accepted for paving were lower than estimated. They were now requesting that the funds be made
available for other projects,; weather bureau building $60,000; tower and service building $250,000
and seal coating $60,000. Upon motion by Haas, second by McGucken, the recommendation of the Air-
port Commission was accepted and the City Attorney was instructed to prepare a resolution author-
izing preparation of an amendment to the grant agreement.
Mr. Rex Gregor was present and recommended that the Common Council consider the appoint-
ment of an Administrative Assistant. He felt this would be of great assistance to the Council
members as it would free them of detail work which now consumes so much of their time. He further
stated he felt.sure this was in their power to do without a Charter change. President Kamm
informed him that the Council had been considering this.
The recommendation of the City Security Committee that the City of Rochester participate
in the cost of updating the parking and traffic survey conducted by George Barton and Associates
1 ,
Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., May 1.9, 1958 •
OSWALD PUBLISHING CO., NEW ULM, MINN. 5195
in 1953 was read and upon motion by Haas, second by Wilkus, the recommendation was accepted.
The recommendation of the City Security Committee that the request of Colonial Motor
Hotel and Apartments at 422 2nd Street Southwest for a passenger loading zone be approved was
read and upon motion by Haas, second by Wilkus, the recommendation was accepted.
The recommendation of the Public Works Committee and the City Engineer that the bid of
Universal Motors, Inc., for furnishing one (1) half ton panel truck for use -in the City Engineer's
Department, for survey crew, be accepted at the price bid of $1,863.61 and that the checks be
returned to the unsuccessful bidders was read. Upon motion by Morris, second by Wilkus, the
recommendation was accepted.
The recommendation of the Public Works Committee stating that they had reviewed the
annexation and final plat of Sunset Terrace Second Addition and recommending final approval of
the plat and that the land described as Sunset Terrace 2nd Addition be annexed to the City of
Rochester was read. Upon motion by McGuckin, second by Morris, the recommendation was accepted
and the City Attorney was instructed to draft a resolution accepting the plat of Sunset Terrace
2nd Addition andan Ordinance annexing the said property.
The recommendation of the Public Works Committee that the preliminary plat of Country
Club Manor Third Addition be granted preliminary approval was read. Upon motion by Haas, second
by McGuckin, the recommendation was approved.
The report on adequacy of petition and feasibility of local improvement for the construct-
ion of a watermain in old T.H. 420, between loth Street and llth Street Southeast, stating that this
project should be combined with the proposed project of the extension of a watermain in loth Street
Southeast from llth Avenue S.E. to Southgate Addition and estimating the cost, made without surveys
or plans in the amount of $4,500.00 was read together with a report of the Public Works Committee
recommending the construction of the said project with the cost to be assessed against the abutting
property. Upon motion by Wilkus, second by Morris, the recommendation was approved.
The report on adequacy of petition and feasibility of the construction of a sanitary
sewer in 2nd Street Northeast from the State Hospital Trunk Line to E'k of Lot 18, Block 7, Morning -
side Subdivision stating that the improvement is feasible and recommending its construction with
an estimated cost, made without surveys or plans to be $1,630.00 was read together with a report
of the Public Works Committee recommending its construction with the cost to be assessed against
Lots 15, 16, 17 and 18, Block 7, Morningside Subdivision, anacupon motion by,)Wilkus,rc,isecond.:by:.Haas,
the recommendation was approved.
The report of the City Engineer on the feasibility of the construction of Part 2 of the
N. W. Storm Sewer (north of 7th Street Northwest in Marshall High School Area) stating that said
improvement was feasible and recommending its construction and estimating costs, made without
survey or plans in the amount of $134,200.00 was read together with a report from the Public
Works recommending its construction with a portion of the cost to be assessed against the property
benefited. Upon motion by Wilkus, second by Morris, the recommendation was approved.
The report of the City Engineer on the adequacy of petition and feasibility of the
11
•
1
1
•
1
3w.
Record of Official Proceedings. -of the Common Council : '
of the. -City of Rochester, .Minn., may 19, 1958
1
0
1
1
C1
1
construction of a sanitary sewer, watermain, service connections, grading and surfacing in 3rd
Avenue Northeast in Edgewood Additionstating that it is feasible to grade streets and install water -
main; that the sanitary sewer is feasible only on 3rd Avenue Northeast as far North as Lot 4; the
lots fronting on Broadway (lot 11, 15, 16 & 17) as well as Lots 1, 2 & 3 cannot be served by
extension of 3rd Avenue Sanitary Sewer; to serve these lots it will require extension of sanitary
sewer in Broadway from its present terminus at 17th Street Northeast and further recommending that
the latter construction be deferred until it can be included.in a project for other larger areas
that will also require sanitary sewer. Acquisition of right-of-way for a full 66' width on the
South side of 19th Street Northeast also required as part of this project and estimating the cost,
made without surveys or plans to be $38,900.00 was read together with a report from the Public Works
Committee recommending its construction as set forth in the Engineer's report with cost to be assess-
ed against all the lots in Edgewood Addition plus the South 277.98 feet of the North 294.48 feet
of Outlot 25, Northern Addition. Upon motion by Wilkus, second by Morris, the recommendation was
approved.
The report of the City Engineer on -the adequacy of a petition and feasibility for the
construction of a watermain in 17th Avenue Southwest abutting Lots 18 & 19, Block 3 Westlawn.Addit
stating that.the project was feasible and recommending that it be done on a force account basis by
the Water Department as the owner had already deposited the estimated cost of the improvement and
no further assessments will be necessary was read together with a recommendation from the Public
Works Committee recommending its construction as requested by the Engineer's report. Upon motion by
Hanlon, second by Wilkus, the recommendation was approved.
. The report of the City Engineer on adequacy of petition and feasibility of the construct
of a watermain in 2nd Street Northeast from 15th Avenue Northeast to the Ek of Lot 18, Block 7,
Morningside Sub -division reporting thaat the said project was feasible and recommending its
construction was read and stating that there is no watermain in 2nd Street Northeast east of 15th
Avenue although several lots have run individual sewer lines from their houses to the main in 15th
Avenue. The estimated cost, made without surveys or plans is to be $3,300.00. The recommendation
of the Public Works Committee was read recommending its construction with the nominal cost of a 4"
watermain to be assessed against Lots 13, 14, 15, 16, 17, 18, Block 7, Morningside Subdivision and
that the balance of the construction costs to be assumed by the Water Department. Upon motion by
Wilkus, second by McGuckin, the recommendation was approved.
The report of the City Engineer on the adequacy of petition and feasibility of the
construction of a sanitary sewer and watermain in 10k Street Southeast from lst Avenue Southeast to
serve Lots 3, 4, 5 & 6, Block 5, Sunnyside Addition stating that the project was feasible and
recommending its construction was read together with a recommendation from the Public Works Committee)
recommending its construction (estimated at $3,300.00 without plans or.surveys) with cost to be
assessed against Lots 3, 4, 5 & 6, Block 5, Sunnyside Addition. Upon motion by Haas, second by Han
the recommendation was approved.
The application of Lysne Construction Company for a permit to move a construction building
41
from the John Marshall School to 15 llth Street Northeast was .read and upon motion by Haas, second byl
3 4 - Record of Official Proceedings. of the Common Council
of -the City of Rochester, Minn., May 19, 1958
GBWALG PUGLI9NING CG.• NEW ULM. MIN N. SIBS
Hanlon, the permission was granted, the moving of the said building to be under the.supervision
of the Building Inspector and the Chief of Police.
The.applications of Edgar Nelson and Gilford Swanson for a license to sell cigarettes
at Retail were each read and upon motion by Morris, second by Wilkus, the licenses were granted.
The applications of Edgar Nelson and Gilford Swanson for a license to sell soft drinks
were each read and upon motion by Morris, second by. Wilkus, the licenses were granted.
The applications of Neal B. Barry for a license to sell non-int6xicating malt liquors
"Off and On" Sale (3.2 beer) were each read and upon motion by,Hanlon, second by Haas, the applications
were referred to the City Security Committee.
The license bond of James D._ Abel in the amount of $1,000.00 with the Western Surety
Company as surety was read and upon motion by Morris, second by Haas, the surety thereon was accepted,
the bond approved and the same was ordered.placed on file.
The report of the Clerk of Municipal Court for the week ending May 9th, 1958 showing total
criminal fines and costs collected and civil fees received in the amount of $1,987.65 and total
remitted to the City Treasurer in the amount of $1,040.25 was read and the same was ordered placed.
on file.
President Kamm appointed Aldermen Frank Wilkus, Stanley M. Morris and Wm. P. McGuckin
I
to serve on the Board of Equalization for the year of 1958.
The following resolutions were each introduced and read and President Kamm declared the
same duly passed.and adopted: -
Resolution ordering the City Clerk to advertise for sealed bids for the improvements
at the Bank Shell in Mayo Park. Upon motion by Haas, second by Hanlon, resolution adopted.
Resolution determining adequacy of improvement petition,.receiving preliminary report,
ordering a public hearing and directing preparation of plans and specifications in respect to
the following improvement(s): construction of a watermain in 2nd Street Northeast from.15th Avenue
Northeast to the E'k of Lot 18, Block 7, Morningside Sub -Division. Upon motion by Haas, second by
Wilkus, resolution adopted.
Resolution determining adequacy of improvement petition, receiving preliminary report,
ordering a public hearing and directing preparation of plans and specifications in respect to the
following improvement(s): construction of a watermain in 17th Avenue Southwest abutting Lots 18 &
19, Block 3, Westlawn Addition. Upon motion by Hanlon, second by McGuckin, resolution adopted.
Resolution determining adequacy of improvement petition, receiving preliminary report,
ordering a public hearing and directing preparation of plans and specifications in respect to the
following improvement(s):.construction of a sanitary sewer, watermain, service connections, grading
and surfacing in 3rd Avenue Northeast in Edgewood Addition. ..Upon motion by McGuckin, second by
Morris, resolution adopted.
Resolution determining adequacy of improvement petition, receiving preliminary report,
ordering a public hearing and directing preparation of plans and specifications in respect to the
following improvement(s): construction of a sanitary sewer in 2nd Street Northeast from the State
Hospital Trunk Line to Ek of Lot 18, Block 7, Morningside Subdivision. Upon motion by Morris,
3471
Record of Official Proceedings of the .Common Council-
of the City. of Rochester, Minn., May 19.,, 195& "
1
L
1
1
is
1
second?--by:iVi kus;dresolution adopted.
Resolution determining adequacy of improvement petition, receiving preliminary report,
ordering a public hearing and directing preparation of plans and. specifications in respect to the
following improvement(s): construction of a sanitary sewer and watermain in 10% Street Southeast,
from 1st Avenue Southeast.to serve Lots 3, 4, 5 & 6, Block 5, Sunnyside Addition. Upon motion by
McGuckin, second by Morris, resolution adopted..
Resolution determining adequacy of improvement petition, receiving preliminary report,
ordering a public hearing and directing preparation of plans and specifications in respect to, the
following improvement(s): construction of a watermain in old T.H. #20, between loth Street and llthi
Street Southeast. Upon motion by Wilkus, .second by Haas, resolution adopted. .
Resolution receiving preliminary report, ordering a public hearing and.directing prepara-1
tion of plans and specifications in respect to the following improvement(s): construction of Part2
of N. W. storm sewer (North of 7th Street Northwest in Marshall High School Area). Upon motion by
Haas, second by McGuckin, resolution adopted.
Resolution initiating improvement and ordering report on adequacy of petition and
feasibility report and referring to Public.Works Committee and the City Engineer for the following
improvements: construction of a curb and gutter on both sides of 7th Avenue Northwest from 3rd
Street to 4th Street Northwest and on 4th Street Northwest from 6th Avenue to 7th Avenue Northwest.'
Upon motion by Hanlon, second by McGuckin, resolution adopted.
Resolution authorizing the preparation of an amendment to grant agreement covering runway)
construction for the Rochester Municiapl Airpirt (new).which amendment will authorize the use of
any unused funds allocated by said agreement for the construction of a weather bureau.building,
tower and service building,and seal coat on all bituminous surfaces. Upon motion by McGuckins,
second by Morris, resolution adopted.
Resolution adopting a resolution passed and adopted by the Public Utility Board on
May 13th, 1958 regarding site for substation. Upon motion by Morris, second by Wilkus, resolution
adopted.
Resolution appropriating $15,466.26 from.the General Fund and ordering payment made.to
Public Health and Welfare Fund. Upon motion by Wilkus,,second by Haas, resolution adopted.
. Resolution appropriating.$4,323.26 from the Police Relief Fund and ordering payment made
to Ross Browning, Treasurer. Upon motion by Haas, second.by Hanlon, resolution adopted.
Resolution appropriating $4,547.00 from the Fire Relief Fund and ordering payment made
to George Davis, Treasurer. Upon motion by Hanlon, second by McGuckin, resolution adopted.
Resolution appropriating $225.57 from the Street & Alley Fund and ordering payment made
to E. J. Vonch. Upon motion by McGuckin, second by Morris, resolution adopted.
Resolution appropriating $1,831.30 from the General Fund, $2,400.00 from the Street &
Alley.Fund and $3,343.78 from the Permanent Improvement Revolving Fund.. Upon motion by Morris,
second by Wilkus, resolution adopted.
Resolution appropriating $802.00 from the Permanent Improvement Fund and ordering payment
40
made to Sewer Fund. Upon motion by Wilkus, second by Hanlon, resolution adopted.
34.$ .,Record of Official Proceedings of the Common Council
of the. City of Rochester, ,Minn., May -19, 1958
OSWALD PUBLIBMINO CO., NEW ULM. MINN. 5195 '
Resolution appropriating $600,000.00 from the Sinking Fund and $90,435.71 from the
Permanent Improvement Fund and ordering payment made to Sewer Fund $90,435.71; Permanent Improvement
Fund, $200,000.00 and P. I. R. Fund, $400,000.00. Upon motion by Haas, second by Hanlon, resolution
adopted.
Resolution appropriating $146.90 from the General Fund, $217.50 from the Street & Alley
Fund, $41.50 from the Fire Protection Fund, $1,572.12 from the Sewer Fund, $672.54 from the Lighting
Fund and $226.91 from the Police Protection Fund and ordering payment made to City of Rochester,
P. U., $2,254.66; N. W. Bell Telephone, $415.31 and Consolidated Steel & Supply Company, $217.50.
Upon motion by Hanlon, second by McGuckin, resolution adopted.
•
Resolution appropriating $6.098.40 from the Permanent Improvement Fund and ordering pay-
ment made to C. C. Pagenhart. Upon motion by McGuckin, second by Morris, resolution adopted.
Resolution appropriating $995.00 from the Police Protection Fund and $954.35 from the
Parking Meter Fund and ordering payment made to 0 & 0 Sporting Goods $783.00; Police Supply &.
Service Equipment Company, $212.00 and Ole's Floor Mart $954.35. Upon motion by Morris, second by Wilkus,
resolution adopted.
Resolution appropriating $555.00 from the P. I. R. Fund and ordering payment made to
Twin City Testing and Engineering Laboratory, Inc., and upon motion by Wilkus, second by Haas,
.resolution adopted.
Reso Resolution appropriating.$3,100.00 from the General Fund and ordering payment made to
State of Minnesota. Upon motion by Haas, second by Hanlon, resolution adopted.
Resolution appropriating $1,770.98 from the Park Improvement Fund and ordering payment
made to R. L. Gould Company, $289011; H & H Electric Company, $217.34; G. M. Stewart Lbr. Co.,
$436.76; Woodruff -Company, $371.39 and General Trading Company, $456.38. Upon motion by Hanlon,
second by McGuckin, resolution adopted.
Resolution appropriating $1,670.03 from the Park Improvement Fund and $137.03 from the
Lighting Fund and ordering payment made to Southern Minnesota Supply Company, $270.15; Mengedoth
Sheet Metal $651.05; Revolving Fund Mayo Civic Auditorium $554.87 and City of Rochester, P. U.,
$330.99. Upon motion by McGuckin, second by Morris, resolution adopted.
Resolution appropriating $1,779.47 from the Park Improvement Fund and ordering payment
•
made to Rochester Fertilizer Company, $355.50; Jewell Nurseries, $312.50; Photo News, Inc., $374.75;
Seven -Up Bottling Company, $538.85 and R. C. Drips Grocer Company, $224.87.Upon motion by Morris,
second by Wilkus, resolution adopted.
Resolution appropriating $2,948.35 from the General Fund and ordering payment made to
Sinclair Refining Company. Upon motion by Wilkus, second by Haas, resolution adopted.
Resolution accepting the bid of Universal Motors, Inc. for furnishing one panel truck
for use in the City Engineer's Department by the Survey Crew. Upon motion by Haas, second by
Hanlon, resolution adopted. -
Resolution fixing compensation for stage employees and moving picture machine operators
at the Mayo Civic Auditorium for the fiscal year 1958 - 1959. Upon motion by Hanlon, second by McGuckin,
resolution adopted.
•
Record of Official Proceedings of the .Common Council
of. the City of .Rochester, Minn., flay 19, 1958
3+9.-
I
CO
Cal
•
1
1
11
1
The following claims were each read and upon motion by Morris, second by Wilkus, 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: Thiem Signs, $12.40; Lions Club, $4.00; Ralph Ellingwood, $94.50;!
Gerald E. Cunningham, $3.60; The American Bank Note Company, $54.65; Northern Bank Note Company,
$54.96; Cooperative Oil Company, $42.00; Schirmer Transfortation Company, $128.52; The Mayo.Clinic,
$5.00; Whiting Press, Inc., $43.99; Monte's, $86.48; R. V. Ehrick, $15.50; Cleo A. Jordan, $51.30;
Twin City Testing & Engineering Lab, $33.88; Two Check Rain Gauge Company, $12.24; The Johnson
Company, $7.12; Midwest Conference of Building Officials, $60.00 and Clerk of Municipal Court,
$74.00; C. A. Armstrong,-$7.50; Thermo -Fax Sales Corporation, $6.30; American Institute of Real
Estate Appraisers, $4.00; Gibbons Printing Companu, $84.00; Trautner.Sales Company, $2.94 and
Peoples Natural Gas Company, $7.18.
From the Street•& Alley Fund:Fublic Works Equipment Company,.$80.36; Bement Cahill Co.,
$61.00; Road Machinery & Supplies Company, $11.11 and Peoples Natural Gas Company, $52.08.
From the Fire Protection Company: Scharf Auto Supply Company, $12.30.
From the Police Protection Fund: Whiting Press, Inc., $.50; Monte's, $31.87; Elliott &
Hanson Company, $5.70; Burroughs Corporation, $14.00 and.D. &•J. Cafe, $73.60.
From the Sewer Fund: Monte's, $4.75; Witte Transportation Company, $4.30; L.-N. Sickelsi
Company, $52.50; and Peoples Natural Gas Company, $22.80 and Carlisle G. Fraser, Inc., $148.60.
From the Lighting Fund: City of Rochester, P. U., $14.31; City of Rochester, P. U.,
$30.41 and City of Rochester, P. U., $1.00.
From the Parking Meter Fund: Williams Printing Company, $10.00 and Road Machinery &
Supplies Company, $57.78.
From the Park Improvement Fund: Peoples Natural Gas Company, $9.53; City of Rochester,
P. U., $16.31; National -Shade Mee Conference, $10.00; Gibbons Printing Company, $24.30; Whiting
Press, Inc., $4.55; Williams Printing Company, $27.50; The Johnson Company, $14.65; Panama Carbon
Company, $20.00; N. W. Bell Telephone Company, $55.22; Twin City Seed Company, $75.05; Ace Hardware,
$118.37; Welborn Welding•Company, $5.75; Surety Waterproofing Company, $94.00; Rochester Block and
Supply, $38.21; Watkins Electric Company, $5.28; Cranston Typewriter Store, $25.00; Rochester Meat
Company, $53.43; Rochester Bread Company, $19.55; Red Wagon Products Company,•$22.58; Reynolds
Wholesale, $73.60;.Pure Ice Company, $16.65; Marigold Daries, $95.00; Holland's Food Shop, $136.00;
Velie Ryan, Inc., $42.65; Pepsi Cola Company, $57.93; Edwin Schwanke, $171.28; Edwin Rohde, $7.03;
Sigvert Molstad, $51.75; Paul Mattson, $34.07; Martin Greenwaldt, $163.97; N. W. Bell Telephone Co.,
$91.05; Broadcast Music Inc., $21.00; 1958 Figure Skating Chapionship, $50.00; Rochester Visitor,
$30.00; Peoples Natural Gas Company, $18.63; Peoples Natural Gas Company, $7.83; Cal Smith, $15.29;
Woodhouse Brothers, $71.13; Walker Hardware, $16:59; The Kruse Company, $49.04; Surety Waterproofinj
Company, $50.80; Dieter Paper and Marine Supply, $11.80; Arnold's Supply Company, $77.50; American
Linen Supply Company, $56.10; Squires Electric Company, $85.50; Fred W. Schuster, $150.00; Thiem
Signs, $8.50; City of Rochester, Public Utilities, $3.37; Peoples Natural Gas•Company& $27.08;
Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., May 19, 1958
OSWALD PUBLIBNIND DD., NEW ULM. MINN. 5195
Werner's Transportation Company, $7.74; Steele's Pansy Gardens, $.95; Stoppel Feed & Seed Company,
$18.78; Brand Peony Farms, $46.80; Hoffer Glass Compahy, $23.18; Arnold's Supply Company, $14.40;
Bud & Ed's Mobil Station, $14.00; DeVoe & Raynolds, Inc., $.87; Fire & Safety, Inc., $6.50; Fuller
Manufacturing Company, $8.29; Gopher Welding Company, $43.77; Hentges Glass Company, $15.00; Sears
& Roebuck Company, $12.13; Rochester Plumbing and Heating Company, $2.24; City of Rochester, P. U.,
$105.29; Scharf Auto Supply, $89.94; Nelson Tire & Appliance Company, $4.00; National Bushing &
Parts Company,.$4.91; Minnesota Toro, Inc., $88.50; Rochester Post Bulletin, $9.00; Patterson Rock
Products, $174.20; Thompson Hayward Chemical Company, $192.50; Rochester Visitor, $24.00; Dieter
Paper and Marine Supply, $72.38; The Sanitary Company, $7.24; Rochester Sand & Gravel Company,
•
$21.35; Bergstedt Paint Company, $112.32 and The Stonehard Company, ;nc., $108.26.
From the P. I. R. Fund: Chicago & N. W. Railway Company, $182.10; Ed Ryan, Sheriff of
Hennepin County, $1.16 and Irvin W. Voss, $2.40.
From the F. E. Williams Estate Fund: Water Department, $8.97 and 0 & 0 Sporting Goods,
$12.50.
The recommendation of the Public Works Committee that Mr. Bert Leitzen be given an
extension of.time, until July.lst, 1958, to remove his Concrete Products Plant from its 14th
Street Northeast location was read. Mr. A. J.,01son of 327 7th Avenue Northwest was present
representing a.large group of property owners in the area around the old Rochester Ice & Fuel
Company where Mr. Leitzen plans to construct his new plant. He stated that they•were not opposed
to.Mr. Leitzen having a concrete block plant but felt it should be located out further instead
of in the heart of the City. He further stated that they understood that this plant could not
be developed as planned unless a change was made in the zoning and as long as Mr. Leitzen had
already requested this zone change, requested that the Council deny the,change in zoning. He
was informed that most of the land purchased by Mr. Leitzen was already zoned industrial and
if he wished.to start building on this nothing could be done to stop him. R. V. Ehrick, City
Attorney stated that the City had no power to,prevent locating the business in an industrial
zone and that,the business could not be blocked on the grounds that it might be a nuisance,
but if'found to be a nuisance it could be enjoined in court action. Mr. Clare Hawley of.402
•
8th Avenue Northwest stated he felt if the plant were like the present one it would definitely
be a nuisance.. Mr. Paul Johnson of 806 5th Street.Northwest stated there already was quite a
bit of truck operation in this,area already and if a concrete plant were built here it would be
even worse; he also stated there were weight restrictions on the 8th Avenue bridge and if they
had trucks carrytng.cement blocks they would certainly be over the weight and would also cause
a great deal of noise.which he felt would be a nuisance. He was instructed to present a written
complaint and itwas suggested that he confer with the City Attorney in drawing up this complaint.
Mr. C. Lubahn of 405.8k Avenue.Northwest and Mr, Richard Rosaaen of 839 5th Street Northwest
were also each heard. President Kamm stated that he was sure the Council members understood
the delegations viewpoint.as there no action the Council could take at,this time, he declared
the hearing closed.
6-) r-
Record of Official Proceedings of the Common Council
of. the _City of Rochester, Minn., May 19; 1958
1
0
1
1
•
1
A motion was then made by Haas, second by Hanlon, that the recommendation of the Public Works
Committee that Mr. Leitzen be granted an extension of time be accepted. All voted in favor
thereof.
The recommendation of the Public Works Committee regarding the preliminary plat of
Gardner's 2nd Addition and also the request of Kenneth Linwich and Ole Dison that the City
acquire a 28 foot right of way were again brought up. Mr. Linwick and Mr. Dison were.again
present and presented a proposed plat of their property. Mr. Linwich stated that he had been
working on this for quite some time and would like to have some decision so he could start..build-
ing. R. V. Ehrick, City.Attorney, stated that he felt this situation was a little different and
thought there were possibley two alternatives in this situation (1) that the Council start con-
demnation proceedings in order to continue the right of way, because the land involved does not
belong to the petitioners and therefore they could not dedicate it and (2) that this be continued
as a private drive and the Council take whatever action they can that owners receive no street
maintenance, snow plowing, etc. and any difference in setter service will have to be repaired by
the owners. Alderman Hanlon stated that he felt the Park Board should report back on this matter
before any action was taken by the Council. The City Clerk was instructed to request the Park
Board for a decision in connection with the proposal to make Gardner's Lane a public street and
extend it across approximately 20 feet of park pr&perty to the Park Drive overlooking Silver Lake
from the Northwest, the said.decision to be returned to the Council at their earl iestpossible
time. A motion was then made by Alderman Hanlon that after the Park Board make a recommendation
to the Common Council that the Public Works Committee consider this at their next meeting, at
which time the property owners and others could be heard. Alderman McGuckin seconded the motion
and all voted in favor thereof.
An Ordinance prohibiting solicitation of guests in bus, railroad and airport premises
and providing penalties for the violation thereof, was given its third and final reading. Mr. D.
B. Hunt, Attorney was again present and protested the adoption of this ordinance. He stated that
he understood that the grievance on people soliciting were coming mainly from the Bus Depot and
felt that the committee should meet with the Guest,Home Association and others interested before
adopting this ordinance. Alderman Hanlon stated that this had previously been referred to the
License Committee, which was now known as the City Security Committee, and they had not had a
chance to meet with the interested persons. Alderman Hanlon then moved that no action be taken .
unt-ij the City Security Committee has had a chance to bring in a recommendation. Alderman Wilkus
seconded the motion and all voted in favor thereof.
Upon -motion by Haas, second by Hanlon, and upon roll call and all voting in favor
thereof, the rules were suspended and an Ordinance amending Section 7. of,an Ordinance entitled,
An Ordinance granting to Rochester Video, Inc. a non-exclusive franchise to erect, maintain and
operate transmission cables and distribution facilities along the streets of the City of Rochest
for the purpose of transmitting, distributing and selling television impulses and television
energy to the people of -the City.of Rochester, and prescribing the terms and conditions of such
n
U
franchise, was given its third and final reading.
r m a�
' "� Record of Official. Proceedings of the Common Council
of the City of Rochester, Minn., May 19, 1958
OBWALD PIIBLIBHIND CO.. NEW ULM, MINN. I
A motion was then made by Alderman Haas that the said ordinance be adopted as read.
Alderman Hanlon seconded the motion and upon roll call and all voting in favor thereof, President
Kamm declared the said ordinance duly passed and adopted.
Mr. Poire of Rochester Video, Inc. was present and stated he had no objection to the
amendment but wanted to make certain that as amended the section could not be construed to prevent
the use of television signals generated by the copipany for the purpose of balancing and maintain-
ing thcit�distiributionlsystem and for the purpose of providing test pattern for the adjustment of
customers television receivers. It was the general sentiment of the Council and the City Attorney
that no construction could be made of Section 7 as amended which would prevent the activity
outlined by Mr. Poire.
A resolution amending the parking resolution as follows was read:
(1) Section (2) NO PARKING ZONES is amended by adding thereto subsection bo
to read as follows:
"bo. Both sides of Nine and One Half Street Southeast from First
Avenue to Third Avenue at all times."
(2) Section (5) PASSENGER LOADING ZONES is amended by adding thereto subsection
cf to read as follows:
"cf. On second street Southwest on south side of Street 50 feet,
more or less, in front of 422 Second Street Southwest."
A motion was made by Alderman Haas that the said resolution be adopted as read. Alderman Wilkus
seconded the motion and all voting in favor thereof, except Alderman Morris who voted "no",
President Kamm declared the said resolution duly passed and adopted.
Upon motion by Hanlon, second by Wilkie) and upon roll call and all voting in favor
thereof, the rules were suspended and an Ordinance annexing to the City of Rochester, Minnesota,
a part of the Southeast One -Quarter of Section Twenty -Two, Township One Hundred Seven North,
Range Fourteen West, in Olmsted County, Minnesota (Elford property) was given its second reading.
Upon motion by Hanlon, second by Wilkus, and upon roll call and all voting in favor
thereof; the rules were suspended and the ordinance was given its third and final reading.
A motion was then made by Haas that the -ordinance be adopted as read. Hanlon
seconded.the motion and all voting in favor thereof, President Kamm declared the said ordinance
duly passed and adopted.
A resolution approving the plat to be known and designated as Elford's First Sub -
Division was then read. Upon motion by McGuckin, second by Morris, resolution adopted.
An Ordinance amending an Ordinance entitled "An Ordinance establishing fire limits,
and providing for all matters regulating the construction, maintenance, alteration, demolition,
and.removal of buildings and other structures -erected or to be erected within the City of
Rochester, Minnesota, and providing a penalty for violation thereof (Ordinance No. 599) was
given its first reading. The same being amended by adding thereto the following section 112.5:
"Section 112.5. General Restrictions -on the Issuance of Building Permits and
the Occupancy of New Residence Buildings".
1. No building Permit shall be issued by the Building.Inspector for
the construction of new Residence Buildings until such time as the
rough grading of public streets providing access thereto has been
completed, and sewer and water construction in connection there-
with is completed or under contract. An exception to this pro-
vision may be allowed when the owner certifies to the Building
Inspector that the Residence Building for which an application
1
1
1
•
1
0
• Record .of Official Proceedings of the Common Council
of .the...City of. Rochester, .Minn., May 19, 1958
63 F ° 9 .
6q,
1
•
1
0
1
for a Building Permit is made is a model for display purposes
and the application is approved by the Public Works Committee.
2. In order to insure adequate police and fire protection and to meet
minimum health, safety, and living standards in residential areas,
no newly constructed Residence Building shall -be occupied, either
on a temporary or a permanent basis until the sewer and water con-
struction and'the base construction of streets providing access
t1ereto is completed. Occupancy of a Residence Building contrary
to the provisions of this subsection shall constitute a violation
of this Ordinance by both the occupant and the owner of such
building, and, in the case of a new Residence Building built for
sale on the open market, by the owner constructing the Residence
Building for such sale unless the contract of sale or deed of
conveyance contains a provision referring to this restriction on
occupancy.
Upon motion by Haas, second by Wilkus, and upon roll call and all voting in favor
thereof, the rules were suspended and the ordinance was given its second reading.
Upon motion by Haas, second by Wilkus, and upon roll call and all voting in favor
thereof, the rules were suspended and the ordinance was given its third and final reading.
A motion was then made by McGuckin, second by Haas, that the said ordinance be adopted
as read and allvoting in favor thereof, President Kamm declared the said ordinance duly passed
and adopted.
R. V. Ehrick, City Attorney, presented a resolution authorizing the execution of a con-
tract with the Rochester West Company concerning improvements in Country Club Manor 2nd Addition
but stated that the City Engineer had not had a chance to review and approve the plans and speci-
fications and therefore recommended that (1) table this matter until the next meeting or (2) adopt
this resolution with the special condition that the contract be executed when the plans and
specifications have been approved by the City Engineer. Alderman Wilkus moved that the resolution
be tabled until the next meeting. Alderman Haas seconded the motion and all voted in favor thereof
Mr. Andy Towey or Coehster West Company inquired if they could go ahead with their construction
and if there were any errors they would pay for the changes, as they were behind in building
houses and a weeks time meant quite a bit. C. A. Armstrong, City Engineer, stated that he had
just received the said plans and specifications and did not feel work should be started until he
had a chance to check same. Mr. Towey was instructed to wait with construction work until the
plans and specifications were approved.
The matter of the type of street markers in Elton Hills was brought up and Alderman
Hanlon stated he would present this to the new Traffic and Parking Committee for consideration.
R. V. Ehrick, City Attorney, stated that the Supreme Court had handed down the decision
in the case of Nelson vs. Barnes and City of Rochester, in favor of Arnold M..Nelson. He said
costs and disbursements should be taxed against Mr. Barnes but he requested that he.be authorized
not to tax costs against Mr. Barnes. Upon motion by Hanlon, second by Wilkus, the matter was
referred to the Internal Affairs Committee.
who voted "no".
All voted in favor thereof, except Alderman Haas,
R. V. Ehrick, City Attorney, reported that he had attended a joint meeting of committees
of the League of Minnesota Municipalities and they had submitted approximately 35 proposals to be
submitted at the League meeting in June. He stated that 10 or 12 of these proposals would directll
0
354 4 Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., May 19, 1958
•
affect the City of Rochester and he would be glad to discuss them with the Council if they so
desired.
Upon motion by Haas, second by Morris, the meeting was adjourned until 7:30 P. M.
on Monday, May 26, 1958.
City Clerk
=I