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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. • 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; • 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. • Record of Official Proceedings of..the Common Council of. the. City.,of.Rochester, Minn., July 7, 1958 421.1 1 CSC n LJ 1 J • 1 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 0 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 is 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. 0 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 • 1 1 • 1 0 42 Record of Official Proceedings -of the Common Council of. the City. of. Rochester, Minn.. July, 7, 1958 1 • 1 1 • 1 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. • 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 1 • 1 1 • 1 ' a � 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 C� 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 • 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, • 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., 1 • 1 1 • 1 $3.00 and Weber & Judd, $22.65. Record of Official Proceedings of the Common Council of the .City of Rochester, Minn., July 7, 1958 42�7 1 17 CD C-0 • 1 1 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. • I 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 L_J • 0 Record of Official Proceedings of the Common Council of the City of Rochester, Miriri., July 7'. 1958 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 =i 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 • "no", the motion was declared lost. 0 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 • 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, i, .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. 1 0 1 1 • LJ 0 Record of Official -Proceedings -of the Common Council of the City of Rochester, Minn., Jul y.7, 1958. 431 1 • 1 1 • 1 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 0 143 a 2 Record of Official Proceedings of the Common Council of .the City of Rochester, Minn., July 7 ; 1958 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. 1 • 1 1 • 1 •