HomeMy WebLinkAbout07-07-1958Record of Official .Proceedings .of .the Common Council
of the City of Rochester, Minn., July 7 ,..1958
OSWALD PU13LIBHINU CO., NEW ULM. MINN. S185
Minutes of a regular meeting of the Common Council of the City•of Rochester, Minnesota,
zeld in the Council Chambers in the City Hall, in said City, on July•7, 1958.
.President Kamm called the.meeting to order at 2:00 o'clock P. M., the following members
being present: President Kamm, Aldermen Haas, Hanlon, McGuckin, Morris, Tingley, Wilkus.
.Upon motion by Morris, second by Haas, the minutes of the meetings of June 20th, 24th
and 30th, 1958 were approved.
President Kamm stated this as being the time and place set for a hearing on grading and
surfacing and construction of a sanitary sewer, storm sewer, water main and service connections in
16th Avenue Northwest in Thomas' First Addition. There was no one present wishing to be heard.
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President Kamm declared the hearing closed.
President Kamm stated this as being the time and place set for receiving and opening
bids for the following projects:
Bids for construction of one 1,000,000 gallon standpipe Foundation and connecting piping
for west service area. The bids of Minnesota Bridge Company in the amount of $37,969.00; C. C.
Pagenhart in the amount of $34,200.00 and -Acton Construction.Company, Inc. in the amount of
$23,246.00 were each received and opened and upon motion by Morris, second by Tingley, the bids
were referred to the Public Works Committee,.the City Engineer and Superintendent of the Water
Department for tabulation and report.
Bids for construction of a storm sewer on 14th Avenue Northeast from 9th to loth Street
Northeast; 9th Street Northeast from 14th to 19th Avenue Northeast and on 19th Avenue Northeast
from 9th to loth Street Northeast. The bids of Carlisle G. Fraser, Inc. in the amount of
$52,408.75; Barbarossa & Sons, Inc. in the amount of $54,622.85 and Gjellefald Associates, Inc. in
the amount of $55,209.15 were each received and opened and upon motion by Haas, second by Hanlon,
the bids were referred to the Public'Works Committee and City Engineer for tabulation and report.
Bids for construction of sidewalks on 10k Street Southeast, on south sideof street,
between 1st and 3rd Avenue; on 15� Avenue Northwest between 14th and 16th Street Northwest; on
15th Avenue Northwest Erom 14th Street to 13th Avenue Northwest and on 14th Avenue Northwest from
14th Street to 13th Avenue Northwest. The bids of Stephen B. Woodward in the amount of $7,824.10;
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E. J. Vonch and Ed Mahoney in the amount of $8,044.50 and Doyle Conner Company in the amount of
$6,980.80 were each received and opened and upon motion by Morris, second by Hanlon, the bids were
referred to the Public Works Committee and City Engineer for tabulation and report.
q A letter from G. F. Appleby offering to sell to the City the property described as the
East 52 feet of Lot 1 and the East 52 feet of the South 34.7 feet of Lot 4, Block 48, Morse &
Sargent's Addition (owned by Rochester Gospel Tabernacle on 4th Street S. E.) for $35,000.00 was
read. Upon motion by Haas, second by Morris, the letter was referred to the Public Utility Board.
A letter from the Board of Public Health & Welfare requesting the employment of Mrs.
Dolores Dysart, R.N. of 501 - 5th Avenue Southeast as a staff public health nurse, effective
July 9, 1958 at the salary of $350.00 per month, this employment being necessitated to replace Mrs.
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Record of Official Proceedings of..the Common Council
of. the. City.,of.Rochester, Minn., July 7, 1958
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Elizabeth Pray who resigned her position effective May 15, 1958, was.read. Upon motion by Tingley,]
second by Morris, the request was approved.
A letter from the Board of Public Health & Welfare requesting approval of the employment
of Mr. Eugene Ulring, of 1505 - 16th Avenue Southeast, as collector -driver in the garbage collect-
ion service, effective July 14, 1958 at the salary of $288.90 per month which is 90% of base
salary, was read. Upon motion by Morris, second by Tingley, the request was approved.
A notice of claim for damages of LeRoy Shane, Inc. in the amount of $3,565..70 for damage
caused by.surface waters running onto their property was read and upon motion by Morris, second by
Hanlon, the same was referred to the.City Attorney and the City Engineer.
A petition signed by Mr. and Mrs. Harold R. Dunnette to have Lot 2, Bilmar Addition
changed from a residential to a commercial zone was read.and upon motion by Tingley, second by
Morris, the same was referred to the Zoning Board.
Five notices from the Railroad and Warehouse Commission re hearings to be held in
Rochester, Minnesota on Wednesday, July 9, 1958 in the matter of applications for general livestoc
carrier permits and general irregular route common carrier permits were read and President Kamm
ordered the same placed on.file.
A letter signed by Judge Irving L. Eckholdt relative to a traffic bureau for the
handling of parking tickets issued by the Police Department was read. He stated that for a number
of years he felt it would be a great beneficial service to the public to have such a bureau and
he would be pleased to be of service to.any committee.that may be appointed to study this subject.
Judge Eckholdt was present and stated the he felt such a bureau was very necessary but did not feel
it should be in his department, that there were many problems to be worked out before such a bureau
could be established and that he would be glad to work with any committee on the matter. .g motion
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was made by Alderman Hanlon that this matter be referred to the the City Security Committee, they
to work inconjunction with the Mayor's Parking and Traffic Committee. Alderman Wilkus seconded thel
motion and allvoted in favor thereof.
A letter signed by G. M. Thompson, President of the Rochester -Olmsted County Safety
Council requesting a donation of $300.00 to be used by their Council was read. No money had been
provided in the present budget for this item. The matter of trying to get these requests in before
budget time so they could be provided for in the budget was discussed. A motion was made by
Alderman -Hanlon that the request of the Rochester Olmsted County Safety Council be referred to the
Internal Affairs Committee, they to study the possibility.of granting their request and also to
contact the Council as to when they should submit their request. Alderman Tingley seconded the
motion and all voted in favor thereof.
Mr. Wendell Bass of 1303 - 2nd Avenue Northwest was again present in regard to his
property being acquired by the City for street purposes. He stated that he had been waiting for
quite some time and suggested that three appraisors be appointed to appraise his property and also
that condemnation proceedings be started so if no decision could be reached after appraising it the
condemnation would be started. Mr. Bass had met with the Public Works Committee but they had not
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Record of. Official Proceedings of.tlie Common Council
of the City of Rochester,. Minn., July 7, .1958
OSWALD PUBLIBNIN CCD., NEW ULM. MINK 5195 -
been able to reach a decision. Alderman Tingley, Chairman of the Public Works,Committee,
reported that they had met with Mr. Bass but they had not been able to reach a decision, he said
they had tried to negotiate with Mr. Bass but had come to no decision, if they could negotiate they
would buy the entire property but if they condemned they would only condemn as much as they needed
for the street. Mr. Bass was told to again meet with the Public Works Committee at their meeting.
to be held on Wednesday at 4:30 P. M.
Mr. John Ryan was present and stated that he had purchased the house. at 850 - 7th St.
N. E. and the sink had been removed from the house by the former owners and he would like to have
it back. He stated that he felt the sink was worth about $99.00 and if it was not returned that
he should be. reimbursed for it. R. V. Ehrick, City Attorney, stated that the papers on replevin
were being prepared at the present and Mr. Ryan should have the sink in the next few days.
The recommendation of the City Security Committee that the City Pound Master, Robert
Blakely, be reimbursed for mileage on the basis of the statutory rate, seven and one-half cents
(Ike,) permile by claim, was read and upon motion by Haas, second by McGuckin, the recommendation
was approved. All voted in favor thereof.
The recommendation of the City Security Committee that the 3.2 beer license held by
Holland's at the Soldier's Field Golf Course be transferred to Leon Latz was read and upon motion
by Morris, second by Haas, the recommendation was approved and the license was ordred transferred.
All voted in favor thereof.
The recommendation ofthe City Security Committee that the City enter into an agreement
with the State of Minnesota for the installation of a traffic signal at Highway #63 (Bdwy) and 13th
Street Northwest was read and upon motion by Haas, second by McGuckin, the recommendation was
approved. All voted in favor thereof.
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The following recommendation of the City Security Committee was read and upon motion
by Tingley, second by McGuckin, the same was ordered placed on file:
"The Honorable Mayor and Common Council
City of Rohhester, Minnesota
Gentlemen:
We, the undersigned members of the City Security Committee of the Common Council
do hereby report that they have investigated the possibilities of city wide
spraying of mosquitoes.
At the present time, the Park Department sprays the Parks for moqquito control
and the Health Department has limited funds for the eradication of breeding
places for mosquitoes. Existing equipment is being used, but is not adequate
for city wide control. To increase the control and eradication of mosquitoes
on a*broader basis,would require personnel and equipment, which is not available
and had not been budgeted for.
Respectfully submitted,
CITY SECURITY COMMITTEE
/s David G. Hanlon, Chairman
/s J. Calvin Haas, Member
/s Frank J. Wdlkus, Member"
Alderman Hanlon stated that they had not made an exhaustive study of city wide sprayingof a study
of the costs, the equipment now owned by the City is not adequate and there were not enugh funds
budgeted but suggested that some thought be given to city wide spraying and also to budgeting more
money and also the matter of assessing for city wide spraying. A motion was then made by Alderman
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Record of Official Proceedings -of the Common Council
of. the City. of. Rochester, Minn.. July, 7, 1958
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Hanlon that the City Health Officer be requested to look into a complete control program and to
give an estimate of cost. Alderman Wilkus seconded the motion and all voted in favor thereof.
The recommendation of the Public Works Committee and the City Engineer that the bid of
Carlisle G. Fraser, Inc. be accepted at the bid unit prices for construction of a storm sewer in
14th Avenue Northeast from 9th to loth Street Northeast, in 9th Street Northeast from 14th to
19th Avenue Northeast and in 19th Avenue Northeast from 9th to loth Street Northeast, pursuant
to Chapter 429, Minnesota Statutes, as amended, and checks be returned to the unsuccessful
bidders was read and upon motion by Morris, second by McGuckin, the recommendation was approved.
The recommendation of the Public Works Committee and the City.Engineer that the bid of
Doyle Conner Company for the construction of sidewalks at several different locations be accepted
at the unit prices bid and checks be returned to the unsuccessful bidders was read and upon mot
by Haas, second by McGuckin, the recommendation was approved.
The application of Lawrence J. Cisewski for a Journeyman Warm Air Heating, Ventilating
and Air Conditioning Worker's License was read and upon motion by Tingley, second by Morris, the
license was granted.
The applications of Rohlmond York and Leon Latz M for a license to sell soft drinks
were each read and upon motion by Tingley, second by Haas, the licenses were granted.
The applications of Rohlmond York and Leon Latz (2) for a license to sell cigarettes
were each read and upon motion by Tingley, second by Haas, the licenses were granted.
The applications of Lysne Construction Company for a permit to move a house 24' x 30',
1'k stories from 608-6th Streit S. W. to 1812 - 5th St. S. W. and for a permit to move a house
28' x 32', two stories from 605-6th Avenue S. W. to Golden Hill Addition were each read and upon
motion by Haas, second by Tingley, the permits were granted subject •to supervision of the Chief
of Police and the Building Inspector.
The license bond of Verlie-Ryan, Inc. in the amount of $1,000.00 with the Western Surety
Company as surety was read and upon motion by Morris, second by Tingley, the bond was approved,
surety thereon accepted and the same was ordered placed on file.
The reports for the month of June, 1958 of the Building Inspector showing fees collected
for building permits issued $2,621.00; of the Electrical Inspector showing fees collected for
electrical permits issued $681.50; of the Plumbing Inspector showing fees collected for plumbing
permits issued $856.50; of the Heating Inspector showing fees collected for heating permits issued
$574.00 and fees collected for sign permits issued $34.60 were each read and President Kamm
ordered the same placed on file.
2 The reports of the Clerk of Municipal Court for the week ending June 20, 1958 showing
total criminal fines and costs collected and civil fees received $1,714.35 and total remitted to
the City Treasurer $1,001.55 and for the week ending June 27, 1958 showing total criminal fines
andcosts collected and civil fees received $2,780.61 and total remitted to the City Treasurer
$1,127.77 were each read and having been approved by the City Attorney, President Kamm ordered
the same placed on file.
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., July 7, 1958
The following resolutions were each introduced and read, and all voting in favor of
same, President Kamm declared the same duly passed and adopted:
Resolution authorizing the Mayor and City Clerk to execute an agreement for installing
traffic signals at the intersection of T. H. #13(Broadway) and 13th Street N. W. Upon motion by
Haas, second by Hanlon, resolution adopted.
Resolution accepting the bid of Carlisle G. Fraser, Inc. for the following local impr-
ovement: construction of a storm sewer on 14th Avenue Northeast from 9th to 10th.Street Northeast;
on 9th-Street Northeast from 14th to 19th Avenue Nortoheast.and on 19th Avenue Northeast from 9th
to loth Street Northeast. Upon motion by Hanlon, second by McGuckin, resolution adopted.
Resolution accepting the bid of Doyle Conner Company for construction of sidewalks at
several given locations. Upon motion by McGuckin, second by Morris, resolution adopted.
Resolution inititating project, receiving preliminary report and ordering a public
hearing and directing preparation of plans and specifications in respect to the following
improvement: construction of a sanitary sewer and water main in 2nd Street Northeast from 15th
Avenue Northeast to the E'k of Lot 18, Block 7, Morningside Sub -Division. Upon motion by Morris,
second by Tingley, resolution adopted.
Resolution referring improvement petition for determination of adequacy, feasibility
report and recommendation for the following improvement: grading and surfacing 19th Avenue N. W.
from 14th Street N. W. to a point 333 feet south of the south line of 14th Street Northwest. Upon
motion by Tingley, second by Wilkus, resolution adopted.
Resolution referring improvement petition for determination of adequacy, feasibility
report and recommendation for the following improvement: construction of a curb and gutter onthe
northsidecof'llth St. S. E. from 9th to llth Ave. S. E. and on the south side of llth St. S. E.
from 9k Ave. S. E. to llth Ave. S. E. Upon motion by Wilku,s, second by Haas, resolution adopted.
Resolution accepting sewer easements conveyed to City of Rochester by Florence Monroe
and Keith Monroe and instructing the City Clerk to record same with the Register of Deeds. Upon
motion by Haas, second by Hanlon,, resolution adopted.
Resolution declaring cost to be assessed and ordering preparation of proposed assessment
for the following local improvement: Trunk Line Sanitary Sewer in Rolling Greens Addition,
Rolling Greens Replat and several parcels of unplatted land in the South k of the Northwest
of Section 22, Township 107 North, Range 14 West. Upon motion by Hanlon, second by McGuckin,
resolution adopted.
Resolution declaring cost to be assessed and ordering preparation of proposed assessment
for the following local improvement: construction of a water tower to be located on the east side
of 18th Avenue Northwest, approximately 1250 feet North of the present city limits together with
the necessary trunk line to connect said water tower with city water system on 18th Avenue N. W.
Upon motion by McGuckin, second by Morris, resolution adopted.
Resolution declaring cost to be assessed and ordering preparation of proposed assessment
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Record of Official .Proceedings of the Common Council
of. -the .City_ of. Rochester, Minn., July 7 , -1958
for the following local improvement: construction of a sanitary sewer, water main, service con-
nections, grading and surfacing in Rolling Greens Addition and Rolling Greens Replat. Upon motion
by Morris, second by Tingley, resolution adopted.
Resolution appropriating $12,156.16 from the P. I. R. Fund and ordering payment made to
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Carlisle G. Fraser, Inc. Upon motion.by Tingley, second by Wilkus, resolution adopted.
Resolution appropriating $1,390.00 from the P. I. R. Fund and ordering payment made to
Leon Joyce. Upon motion by Wilkus, second by Haas, resolution adopted.
Resolution appropriating $43,098.93 from the P. I. R. Fund and ordering payment made to
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Carlisle G. Fraser, Inc. Upon motion by Haas, second by Hanlon, resolution adopted.
Resolution appropriating $13,738.89 from the P. I. R. Fund and ordering payment made to
Quarve & Anderson Company. Upon motion by Hanlon, second by McGuckin, resolution adopted.
Resolution appropriating $9,785.37 from the P. I. R. Fund and ordering payment made to
Carlisle G. Fraser, Inc. Upon motion by McGuckin, second by Morris, resolution adopted.
Resolution appropriating $5,760.98 from the P. I. R. Fund and ordering payment made to
Gjellefald Associates, Inc. Upon motion by Morris, second by Tingley, resolution adopted,
Resolution appropriating $3,151.32 from the P. I. R. Fund and ordering payment made to
Carlisle G. Fraser, Inc. Upon motion by.Tingley, second by Wilkus, resolution adopted.
Resolution appropriating $20,934.78 from the P. I. R. Fund and ordering payment made to
Leon Joyce. Upon motion by Wilkus, second by Haas, resolution adopted.
Resolution appropriating $5,928.58 from the P. I. R. Fund and ordering payment made to
Carlisle G. Fraser, Inc. Upon motion by Haas, second by Hanlon, resolution adopted.
.Resolution appropriating $642.76.from the Police Protection Fund and ordering payment
made to Schmidt Printing Company, $402.31 and Carl Entenmann and Son, $240.45. Upon motion by.
Hanlon, second by McGuckin, resolution adopted.
Resolution,appropriating $2,196.53 from the General Fund; $4,369.62 from the S & A Fund;
$248.78 from the Fire Protection Fund; $583.05 from the Sewer.Fund; $80.00 from the Bridge Fund;
$34.85 from the Police Protection Fund; $138.30 from the Park Improvement Fund; $292.92 from the.
Lighting Fund,and $24.00 from the Parking Meter Fund and ordering payment made to City of Rester,
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P. U., $431.22; Street.& Alley Fund, $7,034.87; N. W..Bell Telephone Co., $275.83 and The Sanitary
Co.,,$226.13. Upon motion by.McGuckin, second by Morris, resolution adopted.
Resolution appropriating $227.91 from the Fire Protection Fund; $475.00 from the Sewer
Fund; and $4,360.53 from the Street & Alley Fund and ordering payment made to Kenneth Stoltenberg
$227.91; State of Minnesota, Department of Conservation, $475.00 and Rochester Sand & Gravel,
$4,360.53. Upon motion by Morris, second by Tingley, resolution adopted.
Resolution appropriating $4,544.19 from.the General Fund and ordering payment made to
P. I. R. Fund $1,118.06; Mayo Clinic, $432.00; Standard.0il Company, $2,543.07 and Trautner Sales
Company, $451.06. Upon motion by Tingley, second by Wilkus, resolution adopted.
Statements from the City,Clerk.notifying that the proposed zssessment roll for the follow-
ing local improvements had been prepared and was now on file in the office of the City Clerk and are
426 Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., July i, 1958
OBWALD PUBLIBNINO CO.. NEW ULM. MINN. 5195
9Pen to public inspection, were each read and ordered placed on file:
Construction of a sanitary sewer, water main and service connections, grading and
surfacing in Rolling Greens Additions and Rolling Greens Replat.
Construction of a water tower to be located on the east side of 18th Ave. Northwest
approximately 1250 feet north of the present City limits together with the necessary
trunk line to connect said water tower with city water system on 18th Avenue N. W.
Construction of trunk line .sanitary sewer in Rolling Greens Addition, Rolling Greens
Replat and several parcels of unplatted land in the South k of the Northwest
.of Section 22, Township 107 North, Range 14 West.
Resolution ordering a hearing on the proposed assessment for the following local
improvement: Construction.of a trunk line sanitary sewer in Rolling Greens Addition, Rolling
Greens Replat and several parcels of unplatted land in -the South 2 of the Northwest k of Section
22, Township 107 North, Range 14 West. Upon motion by Wilkus, second by Haas, resolution adopted.
Resolution ordering a hearing on the proposed assessment for the following local
improvement: Construction of a water tower to be located on the east side of 18th Avenue N. W.
approximately 1250 feet North of the present city limits together with the necessary trunk line to
connect said water tower with the city water system on 18th Avenue N. W. Upon motion by Hanlon,
second by McGuckin, resolution adopted..
Resolution ordering a hearing on the proposed assessment for. the following local
improvement: Construction of sanitary.sewer, water main, service connections, grading and surfac-
ing in Rolling Greens :Addition and Rolling Greens Replat. Upon motion by McGuckin, second by
Morris, resolution adopted.
The following claims were read and upon motion by Morris, second by Hanlon, 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: Marvin W. Price, $33.W; Robert Blakely, $58.55; C. A. Cottingham
$67.60; Charles H. Dornack, $39.90; Paul Plantz, $40.50; Garnet Spring, $38.25; Wm. Burrows,
$40.13; Garnet Spring, Bldg. Inspector, $3.00; Tom Moore, Reg. of Deeds, $31.00; Construction
Bulletin, $31.80; Ace Sign Company, $10.50; Tom Moore, Register of Deeds, $75.00; Olmsted Medical
Group, $36.00; Firestone Stores, Inc., $2.50; Willetta.Hoagland, $5.40; Trautner Sales, $1.00;
Finance & Commerce, $7.50; American Society of Planning Officials, $15.00; Plunkett & Plunkett-,
$1.50; Marvin Law Book, $20.00; Clerk of Municipal Court, $77.96; Model Laundry, $14.52; Foster
Electric Co., $24.95; H. Dornack & Sons, $95.25; Rochester Dry Cleaners, $6.25; Harold's Auto.
Electric, $3.75; Reeve's Drug Store, 14.45; Weber Judd Company, $11.10; Robert Ludescher, $50.32.
From the.Street & Alley Fund: Rochester Sand &•Gravel, $46.00; Alexander Auto Electric,
$43.74; Harolds Auto Electric, $1.05; Socony Mobil Oil, $60.33 and Gene Phillips,I.Inc., $5.55.
From the Fire Protection Fund: Reeve's Drug Store, $2.09; Quarve & Anderson Company
$10.00; Sm.M. Supply Co.,.$4.59; Lystads, $18.00; The Gamewell Company, $107.72; Kenneth.
Stoltenberg, $82.25 and E. J. Klampe Company, $2.00.
From the Police Protection Fund: Universal Motors, Inc., $23.66; Leo N. Herrick & Son,
$42.38; Harolds Auto Electric, $89.95; Newman Kraft Studio, $26.00; Koffee Kup Cafe, $20.60;
Stark.Radio Supply, $27.90; The Phillips Manufacturing Co.=;=$44.93; Rochester Sewing Machine Co.,
$7.50; Pako Photo, Inc., $5.00; Carl J. Briese, $24.90; Joe McDemott, $24.90; Fire & Safety, Inc.,
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$3.00 and Weber & Judd, $22.65.
Record of Official Proceedings of the Common Council
of the .City of Rochester, Minn., July 7, 1958
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From the Sewer. Fund: City of Rochester, P.U., $120.15; Hach Chemical Company, $73.70;
George T. Walker Co., $62.00; Fullerton Lumber Co., $18.48; Parkhill Brothers, $8.18; Rochester
Sand & Gravel, $6.75; K & K Electric Co., $4.20; Walker Hardware, $18.67; Peoples Natural Gas.,
$106.00 and Foster Electric, $95.25.
From the Parking Meter Fund: Marti Motors, Inc., $65.25; Sherwin Williams Co., $5.21;
Briese Steel & Building Materials, $10.80 and Daerings Skelly Service, $10.32.
President Kamm declared a short recess at 3:50 P. M. The meeting was called to order
again at 4:00 P. M.
The Rochester Airport Commission was present and reviewed the plans for building constr-
uction at the new airport and submitted actual and estimated figures for cost of congtruction. Mr.
Jack Bregnman of Ellerbe & Co., Architects reviewed the proposed plans for the terminal building,
the maintenance and control building and the weather bureau building. He described the terminal
building as being 248 ft. by 120 ft., with the restaurant included, which they hoped to lease
as just bare wall space. This building is all on the ground floor, except for an observation
mezzanine, and has straight access to and from the planes as well as to the 250 car parking area
which is adjacent to the building. Mr. K. M. McGhie then gave a short report on the actual and
estimated finances which showed the total estimated amount of the three grant agreements to be
$3,661,000.00 (C.A.A..share $1,842,000.00; State share $1,052.800.00 and local share $766,400.00).
The total amount of cost, estimated and actual, was shown as $3,531,973.00 which would leave an
approximate balance of $129,000.00. He stated that the local share of $766,400.00 of which the
Mayo Association participation was $500,000.00, could probably be reducted.if the estimated
balance of $129,000.00 was correct. He stated that the State had only allocated $956,000.00 of
their share but they were quite confident that they would allocate the balance.
Upon motion by Wilkus, second by Haas, and all voting in favor thereof, the meeting was
adjourned until 7:30 o'clock P. M.
The meeting was called to order at 7:30 o'clock P. M., the following members being
present: President Kamm, Aldermen Haas, Hanlon, McGuckin, Morris, Tingley, Wilkus.
President Kamm stated this as being the time and place set for the following hearings:
Hearing onthe proposed change of zoning of Lots 1, 2, and 3, Block land Lots 1, 2 and
3, Block 2, Belt Line Subdivision from a residential zone to a commercial zone as petitioned for
by Arden Schultz, Loretta Schultz, Carlos F. Ellis, Lenora S. Ellis, Emil G. Pelinka add Jean C.
$eiinka. Mr. Atthur Swan, Attorney representing the petitioners, was present and again outlined
the situation, stating that this property was zoned as commercial when it was in the county and
then when it when it was brought in to the City, not by request of the owners, it was brought in
as residential and they were now just trying to get it back to the original zoning as it was in
the County. The recommendation of the Board of Zoning that this petition be not granted was also
read. Mr. Oscar Allerton, of the Kruse Company, and Mr. Kenneth Manahan, of 431 - 18th Avenue
Southwest, were each present and protested the change of zoning. A motion was then made by
Alderman Hanlon that this petition be denied. His motion was lost for want of a second.
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42:8 . Record of Official Proceedings of the Common .Council
of the -City of Rochester, Minn.. Ju 1 y 7, 1958
DBWALD PUSUa NINO CD., NEW ULM, MINN. S195
A motion was then madeby Alderman McGuckin-that the Council adjourn for a fewminutes to discuss
this matter. Alderman Morris seconded the motion, but Alderman Haas, Hanlon-, Tingley, Wilkus voting
"no", President Kamm declared the motion lost.
A motion was then made by Alderman Tingley that the petition for change of zoning of Lots
1, 2., and.3, Block 1 and Lots 1, 2 and 3, Block 2, Belt Line Subdivision from residential to
commercial be granted -and the City Attorney be instructed -to prepare an ordinance making the
requested zone change. Alderman Haas seconded the motion and upon roll call Aldermen Haas,
McGuckin, Morris and Tingley voting in favor thereof and Aldermen Hanlon and Wilkus and President
(City Attorney stated)
Kamm voting "no", President Kamm declared the motion lost. (5/7 vote needed)
Hearing on the proposed change of zoning of the South 88 feet of the East 165 feet of the
South one acre of Lot 1, Section 36-107-14 in the City of Rochester (123 - llth Avenue Southeast)
from a residential zone to a multiple dwelling zone as petitioned for by Mr. Kleve Flakne. A
letter signed by Paul Quick of 119-11th Avenue Southeast was read, in which he stated that he
understood that there were five apartments in the building at 123-11th Ave. S.E. and that it was
zoned as residential; that he had tried to get a permit to remodel his home but had been refused
because it was not zoned multiple dwelling; and did not feel they should be allowed to do this
when others were refused. Also a letter from Charles J. Veedor of 20-11th Avenue S. E. stating
that he had no objection to this being zoned as multiple dwelling was read.- Mr. John Gowan,
Attorney representing Mr. Frlakne, was present and urged that the Council grant this change in
zoning. He stated that Mr. Flakne had quite an investment in -this property and would lose
approximately $12,000.00 if it were not changed. He -further stated that the building was too large
for just a two family dwelling and the lot size meets requirements of the ordinance to have it
zoned multiple dwelling. Mr. Kleve Flakne, the petitioner, was also present and urged that his
petition be granted. The recommendation of the Board of Zoning that this petition be granted was
also read.
Alderman Haas moved that the request for change of zoning of the property at 123-11th Avenue
Southeast from residential to a multiple dwelling be granted and the City Attorney be instructed to
prepare an ordinance making the requested zone change. His motion was lost for want of a second.
Alderman Tingley then moved that the action of the Zoning Board (that this petition be
granted) be denied. His motion was lost for want of a second.
Alderman Tingley then moved that the hearing be closed until the next meeting of.the
Common Council. Alderman McGuckin seconded the motion and all voting in favor thereof, President
Kamm declared the motion carried.
The matter of some alternative action was discussed. Alderman Tingley suggested that
possibly the whole area along llth Avenue could be rezoned, but in order to do this the request
would have to come from the people. Alderman Haas then moved that the matter be referred to the
Public Works Committee. His motion was lost for want of a second.
Mayor Smekta then stated that he felt if recommendations were submitted by Boards the
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4.2.9;
Council should take their recommendations into consideration and therefore thought the Coundil
should consider the recommendation of the Zoning Board that this petition be granted.
A motion was then made by Alderman Hanlon, second by Alderman Tingley, that this matter
of rezoning the property at 123-11th Ave. S. E. be referred to the Internal Affairs Committee.
Alderman Haas moved that the above motion be amended to read Public Works Committee instead of
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Internal Affairs Committee. Alderman Wilkus seconded the motion amending and all voting in favor
thereof, President Kamm declared the motion carried. President Kamm then called for a roll call
vote on the above motion as amended and Aldermen Haas, Morris, Tingley, Wilkus and Kamm voting
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"no", the motion was declared lost.
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R. V. Ehrick, City Attorney then stated that he felt that if this matter were referred
to some committee that the committee should consider (1) whether any alternative solution is
feasible and (2) make a recommendation on zoning a larger area in this vicinity as multiple
dwelling. A then made by Alderman Morris, second by Alderman Tingley, that this
motion was
matter be referred to the Public Works Committee, the Building Inspector and the City Attorney to
report at the next meeting. Upon motion by Alderman Haas, second by Alderman'Hanlon, the above
motion was amended by deleting therefrom "at the next meeting", and all voting in favor thereof
President Kamm declared the motion carried. President Kamm then called for a vote on the motion
ascamended and all voting in favor thereof, the motion was declared carried.
Hearing'on the request of Roy Watson, Jr. for permission to build an extension of a
garage on his home at 620 Memorial Parkway. There was no one present wishing to be heard. A
motion was then made by Alderman Haas that the hearing be closed and the City Attorney was
instructed to draft the necessary papers granting the request. Alderman Wilkus seconded the
motion and all voted in favor thereof.
Hearing on the proposed change of zoning of the property owned by Fred C. and Clara
Weeks described as Lot 23, Block 4, A. W. Kutzky's Addition (1307-2nd Street S. W.) from a
residential to a multiple dwelling zone. The recommendation of the Board of 'Zoning that this
petition be granted was also read. There was no one present wishing to be heard. A motion was
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made by Alderman Tingley that the hearing be closed, the recommendation of the Zoning Board be
approved and the City Attorney was instructed to prepare an ordinance making the requested zone
change. Alderman Haas seconded the motion and all voted in favor thereof.
Hearing on the proposed change of zoning of the property owned by The Kruse Company
and described as follows:
Changed from residential to commercial - the property described as a part of the south half of
the northwest quarter of Section 22, Township 107 North, Range 14 west described by
metes and bounds as follows: beginning at the northwest corner of Rolling Greens
Addition; thence south along the west line of said addition a distance of 120.6 feet
on a straight line, thence southerly along a curve to the left of 1560.9 foot radius
for a distance of 285 feet, thence southwesterly on an extended radius to said curare
a distance -of 245.0 feet, thence southeasterly parallel to the west line of Block 6,
Rolling Greens Addition a distance of 550 feet more or less to the northerly line of
Thirty Third Street, Northwest as platted in Rolling Greens replat, thence northwesterly
along said street line to its intersection with the easterly right-of-way line of
Trunk Highway 52, thence northerly along said right-of-way line to its intersection
with the extended north line of Thirty Seventh Street Northwest as platted in Rolling
Greens Addition, thence vast on said extended street line to the point of beginning.
Changed from residential to multiple dwelling - the property described as a part of the south
half of the northwest quarter of Section 22, Township 107 North, Range 14 West,
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.Q Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., July 7, 1958
described by metes and bounds as follows: Beginning at the northeast corner of
Lot #1 Block 6, Rolling Greens Addition; thence northerly along the westerly line
of said addition on a curve to the right of 1560.9 feot radius to a point which
is 285 feet southerly of the north end of said curve, thence southwesterly on an
extended radius to said curve a distance of 245.0 feet, thence southeasterly
parallel to the west line of Block 6, Rolling Greens Addition a distance of 490
feet more or less to the extended northerly line of Lot 15, Block 6, Rolling
Greens Replat, thence easterly along said lot line to the westerly line of
Block 6, Rolling Greens Addition, thence northwesterly along said westerly line
of said addition to the northwest corner of Lot 1, Block 6, thence easterly along
nn;:i'the northerly line of said Lot 1 to the point of beginning. ,
Mr. 0. J.Allerton of The Kruse Company was present and urged that the Council grant their
request to change this property. A motion was then made by Alderman Morris that the hearing
be closed, the recommendation of the Zoning Board that this petition be granted be approved
and the City Attorney was instbucted to prepare'an ordinance making the requested zone change.
Alderman McGuckin seconded the motion and all voted in favor thereof.
Alderman Hanlon then moved to reconsider the action taken previously,(the motion by
Alderman Tingley, seconded by Alderman McGuckin, that the hearing on the change of zoning of
Lots 1, 2 and 3, Block 1 and Lots 1, 2 and 3, Block 2, of Belt Line Subdivision be closed until
the next meeting). Alderman Haas seconded the motion and all voted in favor thereof.
A motion was then made by Alderman Haas that the hearing on the proposed change of
zoning of Lots 1, 2 and 3, Block 1 and Lots 1, 2 and 3, Block 2 of Belt Line Subdivision be
closed and that the matter be tabled until a recommendation is received from the Public Works
Committee. Alderman Hanlon seconded the motion and all voted in favor thereof.
An Ordinance annexing to the City of Rochester, Minnesota, a part of the Southwest One -
Quarter of Section Twenty -Seven, Township One Hundred Seven North, Range Fourteen West, Olmsted
County, Minnesota (to be known as Sunset Terrace Second Addition),was given its first reading.
Upon motion by Morris, second by Tingley, 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 Tingley, second by Morris, and upon roll call and all voting in favor
thereof, the rules were suspended and the ordinance was given its third and final reading.
Alderman Haas moved that this ordinance be amended by adding thereto, Section 4 to read
as follows: Section 4. That the plat of the above described lands as submitted by the
owners to the Common Council, to be known and designated as Sunset Terrace
Second Addition, is hereby approved and all dedications of land or
interests in land for public purposes are hereby accepted.
Alderman Tingley seconded the motion and all voted in favor thereof.
Alderman Morris then moved that the Ordinance as amended be adopted as read. Alderman
Wilkus seconded the motion and all voting in favor thereof, President Kamm declared the said
ordinance duly passed and adopted.
Mr. Floyd Wussow, a former employee at the Sewage Treatment Plant, was present. He
stated that he was no longer working, could not get disability from the P.E.R.A. and wondered if
there was not something the Council could do to help him. Upon motion by Tingley, second by
McGuckin, the matter was referred to the Internal Affairs Committee for recommendation. All
voted in favor thereof.
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Mr. Donald Meek of the American Legion was present and requested permission to place
their boxcar either on Broadway or 2nd St. S. W. next to the Woolworth Company on Saturday from
9:00 to 3:30. Upon motion by Tingley, second by Morris, their request was referred to the City
Security Committee and the Chief of Police with power to act. All voted in favor thereof.
The recommendation of the Public Works Committee, the City Engineer and the Superintend-
ent of the Water Department that the bid of Acton Construction Company be accepted in the amount
of $23,246.00 for construction of a 1,000,000 gallon standpipefdoundation and connecting piping
for the West Service Area - Contract No. 6, pursuant to Chapter 429, Minnesota Statutes, as
amended, and checks be returned to the unsuccessful bidders, was read and upon motion by Morris,
second by Tingley, the recommendation was approved.
The following report on adequacy of petition and feasibility of local improvement
submitted by the City Engineer was read:
"Honorable Mayor & Common Council
City of Rochester, Minnesota
A certain petition requesting construction of a sanitary sewer, water main,
storm sewer and street improvements in Sunset Terrace 2nd Addition (including
main from 7th St. Northwest) referred to this office on April 8, 1958 has been
examined, checked and found to be in proper form, and to be signed by 97% of the
property owners of record, representing 89% in frontage of property affected by
the making of the improvement which is petitioned.
The Engineers report that the improvement is feasible upon construction
of a connecting main to 7th Street Northwest. There is'a deferred assessment
against this property on account of a water improvement project previously con-
structed under Minn. Statute Chapter 429 entitled "A water tower to be located
on the East side of 18th Ave. NW approximately 1250 feet north of the present
City limits together with the necessary trunk line to oonnect said water tower
with the City water system on 18th Ave. NW. This deferred assessment will be
levied against this property together with water main assessment petitioned
above.
The estimated cost, made without surveys or plans is $191,700.00.
/s C. A. Armstrong, City Engineer"
The recommendation of the Public Works Committee that they had considered the above project and
recommends its construction with the cost to be assessed against all the lots in Sunset Terrace
2nd Addition plus Lot 10 and 11, Block 6; Lot 2, Block 5; and Lot 7, Block 3 in Valleyhigh
Rdplat was read and upon motion by Tingley, second by McGuckin, the recommendation was accepted.
All voted in favor thereof.
The recommendation of the Internal Affairs Committee that the request of R. V. Ehrick,
City Attorney, to pay Mr. Warren Eustis, Assistant City Attorney, 100% of the salary set for the
position in accordance with the work policy as amended, be approved was read and upon motion by
Haas, second by Wilkus, the recommendation was approved. All voted in favor thereof.
The recommendation of the Internal Affairs Committee that Karen Paulsen be employed as
stenographer -bookkeeper in the Municipal Court and that Mrs. Dorothea Bailey be retained full
time for the next two and one half weeks and then on one-half time until the last day of August
as requested by Judge Eckholdt in his letter dated June 11, 1958 was read and upon motion by
Hanlon, second by Wilkus, the recommendation was approved. All voted in favor thereof.
was read
A resolution/determining adequacy of petition, receiving preliminary report, ordering a
public hearing and directing preparation of plans and specifications in respect to the following
improvement: Construction of a sanitary sewer, water main, storm sewer and street improvements
in Sunset Terrace 2nd Addition (including connecting main from 7th Street Northwest). Upon motion
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OsWALD Pl16013NIWO CO NEW IILM7 MINN 5195
1by Tingley, second by Morris, and all voting in favor thereof, resolution adopted.
A resolution accepting the bid of Acton Construction Company for construction of a con-
crete foundation for a new 1,000,000 gallon water storage standpipe and connecting piping for the
JWest Service area was read. Upon motion by Haas, second by Tingley, and all voting in favor there-
lof, resolution adopted.
An ordinance prohibiting solicitation of guests in bus, reailroad and airport premises
and providing penalties for the violation thereof, was given its third and final reading.
A motion was made by Haas that the said ordinance be adopted as read. Wilkus seconded
the motion and all voting in favor thereof, President Kamm declared the said ordinance duly passed
and adopted.
An Ordinance providing for the licensing of certain dogs; providing for apprehension and
digposition of dogs unlawfully running at large; providing for the vaccination of dogs for rabies;
Iproviding other regulations governing dogs; and providing a penalty for violation, was given its
first reading.
Upon motion by Morris, second by Wilkus, and all voting in favor thereof, the meeting.
was adjourned until 7:30 P. M. on July 21, 1958.
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