HomeMy WebLinkAbout02-02-1959® Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., February 2„ 1959
OSWALD PUBLISHING CO., NEW ULM, MINN. 9195
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 February 2, 1959.
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 Hanlon, second by Haas, the minutes of the meetings of January 19th
and 28th, 1959 were approved.
A letter signed by Winchell McK Craig, M. D., Director of Civil Defense, submitting a
proposed Civil Defense Budget for the fiscal year 1959-1960, showing the requested amount of
$18,274.00 was read. Upon inquiry from Alderman Tingley as to why this budget was presented now
instead of at budget time, President Kamm advised that a committee composed of the Mayor, Chairman
of the Security Committee, Dr. Craig, Woody Hayes and others had been meeting to discuss Civil
Defense in general and try to get answers to (1) settle the status of Charles Campbell, acting
police reserve coordinator (2) try to prepare a budget (3) prepare some type of information
program on civil defense for Alderman information and (4) to present this budget to the Council for
their consideration. Mayor Smekta stated that he felt this was a county program and should be
presented to the Board of County Commissioners for possible participation by them. Upon motion by
Haas, second by Tingley, the budget was tabled. All voted.in favor thereof.
The following letter from the Mayor's Parking and Traffic Committee was read and upon
motion by Hanlon, second by Haas, a copy of this letter was referred to the Planning Commission and
the matter was tabled:
"The Mayor and the Common Council
City of Rochester
City Hall
Rochester, Minnesota
Gentlemen:
Sometime ago a proposed ordinance entitled "Automobile Parking Space
Regulations" was referred to the Parking Sub -Committee of the Parking and
Traffic Committee.
In order to investigate the results which had been obtained through the
enactment of such ordinances, several cities were contacted to learn what
their experience had been, and it was necessary to await these returns before
a recommendation could be made by the Parking and Traffic Committee.
It would appear that this type of regulation within certain reservations
has merit, and at a meeting of the Parking and Traffic Committee on Friday,
January 23rd the following recommendation was made.
1. It is not practical to impose an ordinance of this type in blanket
form on all areas of the community. Enforcement of such an
ordinance in areas in which land -use is already well established
will create such severe problems that it would be virtuallay
impostible to construct new buildings and still meet the requirements
for parking. This would particularly apply to the concentrated
downtown areas in which space is at a premium, and where the pattern
has already emerged that parking of vehicles is accomplished on
large high density parking lots.
2. Such an ordinance, however, appears to have practical application
in the case of the following: -
a. Change of zone from residential to multiple dwelling, commercial
or industrial.
b. New areas which are being platted and parts of which are being
designated, or might, in the future, be designated as commercial,
multiple dwelling or -industrial.
c. In residential areas one off-street parking space be provided
for each living unit.
The planning of new areas, and the changing of zone of existing areas falls
completely within the jurisdication of the Planning Commission and the Zoning
1
U
i
•
L
U
Record of Official Proceedings of the Common Council 0 6 1.
of the City of Rochester, Minn., February 2, 1959
L
•
1
CJ
OSWACD-PU'BMSHINO-CO-NEW'U I:M: MINN-9195
Board. Accordingly,.it is recommended that these departments take under con-
sideration the requirements which they feel are appropriate as they may relate
to change of zone, or the platting of new areas, and if they are in agreement
that such an ordinance should be adopted as part of their requirements, then
the Parking and Traffic Committee would be happy to assist in anyway in working
out appropriate details.
Respectfully submitted,
/s Stan Drips. Chairman
Mayor's Parking and Traffic Committee"
Alderman Morris arrived at 2:30 P. M.
A letter from the Mayor's Parking and Traffic Committee submitting recommendations
which are intended to reduce congestion and volume of traffic on Second Street Southwest, and the
resulting congestion in the downtown area in the vicinity of this street, by facilitating movement
of pleasure vehicles on Second Street Northwest, was read and upon motion by Haas, second by
McGuckin, the same was referred to the City Security Committee.
Alderman Wilkus arrived at 2:35 P. M.
A letter was read from the City Engineer requesting permission for three operators and
the Superintendent to attend the Sewage Works Operators School at the University of Minnesota on
March 9, 10 and 11. Upon motion by Hanlon, second by Tingley, the permission was granted.
A letter from Builders Land Company submitting a plat of Elton Hills Fourth Subdivision
was read and upon motion by Tingley, second by Morris, the letter and plat were referred to the
Planning and Zoning Commission.
A letter from Rochester West Company submitting the preliminary plat of Country Club
Manor Seventh Addition was read and upon motion by Tingley, second by Hanlon, the letter and the
plat were referred to the Planning and Zoning Commission.
A letter from Rochester West Company stating that they had noted in the Rochester Post
Bulletin, the report of the City Planning and Zoning Commission on the availability of residential
lots within the City of Rochester. They felt that the report listed the number of lots available
but not the number of lots available that the average home owner can afford and requested that
these factors be taken into account if another such report is made. They stated that at the time
of this report Country Club Manor had less than 6 months supply of lots and felt that a continuous
inventory of 400 to 500 lots fully developed, or in process, is what they should have. Upon
motion by Tingley, second by McGuckin, the letter was ordered placed on file.
The petition of Bernadine and Archie Tabler to annex Lot 5, less the north 45 feet
thereof, of Block 3, Highland Addition (2015 - 3rd Street S. W.)was read and upon motion by
Hanlon, second by McGuckin, the same was referred to the Planning and Zoning Commission.
A letter signed by Viktor O. Wilson, M.D.; City Health Ufficer, requesting approval of
the appointment of Miss Doris L. Leaf, R. N., 304 - 13th Avenue N. E. as a public health nurse
effective February 2, 1959 to replace Miss Joyce Savage was read. Upon motion by Morris, second
by Tingley, the appointment was approved.
A letter signed by Viktor 0. Wilson, M.D., City Health Officer, requesting payment of
Mr. David Hoehn, garbage collector -driver, at 100`/, of base salary effective February 1, 1959 and
certifying that Mor Hoehn had obtained the knowledge and experience in this job of an employee
who has had 18 months experience, was read. Upon motion by Tingley, second by Morris, the request
Record of Official Proceedings of.the Common Council
of the City of Rochester, Minn., February 2, 1959
was approved and Mr. Hoehn was authorized to receive 100% of the base salary, effective February 1,
1959.
A letter from Rochester Plumbing & Heating, Inc. requesting a parking place in front
of their business at 12 First Street Northeast was read. Upon motion by Morris, second by
Tingley, the request was referred to the City Security Committee.
The report of the Public Examiner on examination of the City Treasurer's books as of
December 31, 1958 was read. Upon motion by Tingley, second by Wilkus, khe report was accepted and
ordered placed on file.
The matter of establishing a Mayo Civic Auditorium Board was then discessed. It was
suggested that a five man board be established and where feasible boards should consist of a man
from each ward, that an ordinance be prepared establishing the Board and later the duties of the
proposed Board be worked out. A motion was then made by Haas that the City Attorney be instructed
to draft an ordinance establishing the Mayo Civic Auditorium Board in accordance with the following
recommendations: that it be a five (5) man Board composed of (1) One Council Member to be appointed
by the Alderman at Large (2) One Park Commissioner to be appointed by the Mayor and (3) three
members at large to be appointed April 1st for one, tow and three year terms and upon expiration
of these terms, new appointments will be for three years,these three members to be appointed by
the Common Council; all terms to begin April 1, 1959. Wilkus seconded the motion and all voted
in favor thereof.
The proposed plat of Thompson's Subdivision was presented and upon motion by Morris,
second by Tingley, the same was referred to the Planning and Zoning Commission.
A letter signed by Dick Postier of Land and Lake Sporting requesting that meters be
installed on 4'th Street Southeast between 3rd Avenue and Broadway was read and upon motion by
Tingley, second by Morris, the same was referred to the City Security Committee.
A letter signed by Desmond B. Hunt of 1026 - 3rd Avenue Southeast regarding the
sewer along third avenue southeast from loth street south to the beltline was read. Upon motion
by Tingley, second by Morris, the same was referred to the Public Works Committee and the City
Engineer.
The recommendation of the Public Works Committee that bids be taken on February 16,
for the purchase of 23,100 lbs, of Anhydrous Ferric Chloride in 350# drums delivered to the
Sewage Treatment Plant was read. Upon motion by Haas, second by Tingley, the recommendation was
approved.
The recommendation of the Public Works Committee recommending the initiation of con-
demnation proceedings for 11 feet of additional street right-of-way on the east side of 2nd Avenue
S. E. from Center Street 102 feet south, for the widening and paving of 2nd Avenue S. E. (the
property involved is the west 11 feet of the north 102 feet of Block 80, Original Plat) was read.
Upon motion by Tingley, second by McGuckin, the recommendation was approved and the City Attorney
was instructed to prepare the resolution starting condemnation proceedings. All voted in favor
thereof.
E
u
1
•
I.
Record of Official Proceedings of the Common :Council
of. the City of Rochester, Minn., February 2, 1'959
683
1
Cl
1
1
•
11
The recommendation of the Public Works Committee that.notice be pubiished and "nearing
held on the request of Rochester Bread Company to vacate an alley in Block 29, Cummings Addition,
was read. Upon motion by Haas, second by McGuckin, the recommendation was accepted and the City
Attorney was instructed to prepare a resolution ordering a hearing on the said vacation for
March 16, 1959. All voted in favor thereof.
The recommendation of the Public Works Committee recommending that the preliminary plat
of South Home 2nd Addition be granted preliminary approval subject to the conditions recommended
by the Planning Director as follows, was read: (1) The right-of-way of old T. H. # 20 be widened
10 feet on the west side (2) Uniform building setback lines be established at 35 feet along T.H.
# 20 and 25 feet on all of the other streets and (3) Eliminate points on 14th Avenue and 9th
Street and introduce a minimunof a 3 degree curve at these points. It was recommended that
instead of widening that it'read it be dedicated, that additional loft. right of way along the
west side of old T. H. #20 be dedicated by the owners in their plat. Upon motion by Tingley,
second by McGuckin, the recommendation was approved. All voted in favor thereof.
Upon motion by Hanlon, second by Wilkus, a 30 minute recess was declared at 3:10 P. M.
President Kamm called the meeting to order again at 3:40 P. M.
Alderman Tingley, Chairman of the Public Works Committee, reported that the said
Committee did not have a recommendation at this time regarding the zoning of North Broadway from
7th Street N. W. to Zumbro River. The recommendation of the Zoning Board that the Council
consider adopting the emergency ordinance as recommended by Ladislas & Segoe & Associates,in
regard to rezoning North Broadway and 4th Street Southeast, was read. Upon motion by Tingley,
second by Haas, the recommendation of the Zoning Board was tabled until further recommendation
was received from the Public Works Committee. All voted in favor thereof.
The recommendation of the Board of Zoning that the request of Stanley C. Mohn and
Carlton Penz to vary the provisions of the zoning ordinance to permit the garage, located at 19th
Avenue and 17k Street N. W. in Sunset Terrace First .Addition to remain at its present location
(there was not enough room on this lot) be denied was read. Upon motion by Haas, second by
Hanlon, the recommendation was accepted. All voted in favor thereof.
The recommendation of the Board of Zoning that the petition of A. B. Hawking, Mrs.
Magd
Magdealene.Skanson, Mrs. Cora Hellrud, Mrs; Anna T. Conlan, Herman A.'Dornack and Charles E.
Gillespie to have the following described property changed from a residential to a multiple
dwelling zone be denied was read:
N. 82 feet of 50 ft. Lot 1, Block 54, Morse & Sargents Add.;
S. 82 feet 50 ft. Lot 1, Block 54, Morse & Sargents Add.;
W. 52 ft. of Lot 2, Block 54, Morse & Sargents Add.;
E. 50 ft. of Lot 1 and E. 50 ft. S. 27 ft. and E. 42 ft. S.-23 ft. N. 28 ft.
Lot 4, Morse & Sargents Addition;
E. 80 ft. of Lot 2, Block 54, Morse & Sargents Addition;
Lot 9, Block 43, Morse & Sargents Addition;
Lot 12, Block 43, Morse & Sargents Addition, and
Lot 11, Block 43, Morse & Sargents Addition.
Upon motion by Hanlon, second by Wilkus, and all voting in favor thereof, the reco=
was approved.
1J
6.84 Record of Official Proceedings of the Common Council
of the. City of Rochester, Minn., February 2, 1959 •
OSWXC_E PI19L'Ie'H1NG-CG-NEWUL"M,MINK-919
The recommendation of the Security Committee that the request of Wally Wahl for
"off sale" 3.2 beer license to be located at 1112 - 9th Street Northeast be granted was read. A
motion was made by Morris, second by Tingley, that the recommendation be approved. All voted in
favor thereof.
The matter of getting monies for granting loading zones was discussed. A motion was
made by Hanlon that the Security Committee and the City Attorney look into the possibility of
making charges for loading zone privileges. Alderman Wilkus seconded the motion and all voted
in favor thereof.
The recommendation of the Security Committee that the request of Carmel Kist and
•
Bilotti's Pizza for a loading zone be granted was read and further recommending that the first
parking space on the South side of 3rd Street S.W., East of 1st Avenue be used for this purpose.
Alderman Tingley moved that this matter be tabled. President Kamm declared the motion to be lost
for want of a second. A motion was then made by Alderman McGuckin that the recommendation be
approved as read. Hanlon seconded the motion and all voting in favor thereof except Alderman
Tingley who voted "no", President Kamm declared the recommendation approved.
The recommendation of the Internal Affairs Committee that Mr. Marvin W. Price,
City Assessor, be granted permission to hire one additional deputy assessor as soon as possible
was read. Upon motion by Haas, second by Wilkus, and all voting in favor thereof, the recommend-
ation was approved.
A motion was made by Alderman Hanlon that the matter of restricting parking on both
sides of llth Avenue Northeast and Southeast be referred to the Security Committee. Alderman
McGuckin seconded the motion and all voted in favor thereof.
The application of Lysne Construction Company for a permit to move a house from 29
7th Street Northeast to 215 14th Avenue Northeast was read. A motion was made by Morris, second
by Hanlon that the permit be granted and the moving of this building be under the supervision of
the Building Inspector and the Chief of Police. All voted in favor thereof.
The annual report of activities -of Fire Department for the year ended December 31st,
1958 was presented and President Kamm ordered the same placed on file. A motion was made by
Morris, second by McGuckin, instructing the City Clerk to make copies of this report for each of
•
the Aldermen and the Mayor.
The reports of the Clerk of Municipal Court for the week ended January 16, 1-959 show-
ing total criminal fines and costs collected and civil fees received.$1,804.45 and total remitted
to the City Treasurer $918.45; and for the week ending January 23, 1959 showing total criminal fines
and costs collected and civil fees received $1,363.80 and total remitted to the City Treasurer
$754.40, were each read and Having been approved by the'City Attorney, President Kamm'ordered
the same placed on file.
- The following resolutions were each introduced and read and upon motion made and
seconded and all voting in favor thereof, President Kamm declared the resolutions duly passed
and adopted:
•
Record of Official Proceedings of the Common Council
of.the..City .of Rochester,. Minn., February 2, 1959
68-D
1
E,0
CO
CJ
1
1
•
Resolution appointing Judges of Election for 1959. Upon motion by Haas, second by
Hanlon, resolution adopted.
Resolution vacating that part of the W. 50' of Lot 8, Block 5 of Cascade Manor which
lies S. of the South line of 5th Street N.W. as platted in plat of Cascade Plaza, and that part
of the W. 50" of Lot 9, and Lot 10, Block 5 Cascade Manor which lies North of the North boundary
of 5th Street Northwest as platted in the plat of Cascade Plaza, in the City of Rochester, Olmsted
County, Minnesota. Upon motion by Hanlon, second by McGuckin, resolution adopted.
Resolution exchanging U. S. Treasury Bills in the amount of $1,700.00 to be reinvested to
U. S. Treasury bills. Upon motion by McGuckin, second by Morris, resolution adopted.
Resolution exchanging U. S. Treasury Notes in the amount of $150,000.00 to be reinvested
to 4% U. S. Treasury Notes. Upon motion by Morris, second by Tingley, resolution adopted.
Resolution purchasing U. S. Treasury Certificates of Indebtedness in the amount of
$300,000. Upon motion by Tingley, second by Wilkus, resolution adopted.
Resolution ordering bids for the furnishing of anhydrous ferric chloride for use at the
Sewage Treatment Plant. Upon motion by Wilkus,-second by Haas, resolution adopted.
Resolution ordering a hearing on the vacation and abandonment of the following described
alley: That portion of that certain alley as originally platted in Block No. 29 of Cummings
Addition to Rochester being 18 feet in width running from a point 5 and 9/10 feet west of the
N.E. corner of Lot 7 Meyer's Resubdivision of Lots No. 26 and 29 Cummings Addition to Rochester,
westerly to llth Avenue N.W.. in the City of Rochester. Upon motion by Haas, second by Hanlon,
resolution adopted.
Resolution directing the City Clerk to advertise for sealed bids for the sale and removal.)
of buildings located on the Edwin Doty Farm (new Airport site). Upon motion by Hanlon, second by
McGuckin, said resolution was adopted.
Resolution appropriating $204.77 from the General Fund, $12.80 from the S & A Fund,
$53.35 from the Fire Protection Fund and $22.05 from the Sewer Fund and ordering payment made to
N. W. Bell Telephone Company. Upon motion by McGuckin, second by Morris, resolution adopted.
Resolution appropriating $1,986.68 from the Permanent Improvement Fund and ordering
payment made to Carlisle G. Fraser, Inc. Upon motion by Morris, second by Tingley, resolution
adopted.
Resolution appropriating $2,346.95 from the Permanent Improvement Fund and ordering
payment made to Carlisle G. Fraser, Inc. Upon motion by Tingley, second by Wilkus, resolution
adopted.
Resolution appropriating $1,329.56 from the Sewer Fund and ordering payment made to
Carlisle G. Fraser, Inc. Upon motion by Wilkus, second by Haas, resolution adopted.
Resolution appropriating $10,374.87 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 $3,384.00 from the P. I. R. Fund and ordering payment made to
Leon Joyce. Upon motion by McGuckin, second by Hanlon, resolution adopted.
is
686 Record of Official Proceedings. of the Common Council
February; 2, 1959
of the City of Rochester, Minn.,
O S WXC0-PU B CI9'NI'N 0'C'C-N EW'U CM-M /N N-E 19D
Resolution appropriating $7,265.46 from the Permanent Improvement Fund and ordering
payment made to Carlisle G. Fraser, Inc. Upon motion by McGuckin, second by Morris, resolution
adopted.
Resolution appropriating $1,688.70 from the F. E. W. Fund, $720.75 from the General
Fund, $542.60 from the Fire Protection Fund, $204.00 from the Police Protection Fund and $854.20
from the Park Improvement Fund and ordering payment made to Burroughs Division $413.60; Saint Mary's
Hospital $307.05; Fire & Safety, Inc, $542.50; The Gopher's Shooter's Supply $204.00, City of
Rochester, P. U., $854.20 and Rochester Wood Specialties, $1688.70. Upon motion by Morris, second
by Tingley, resolution adopted.
Resolution appropriating $406.94 from the General Fund, $2.900.13 from the S & A
Fund, $172.95 from the Fire Protection Fund, $340.00 from the Sewer Fund and $664.86 from the Police
Protection Fund and $651.29 from -the Parking Meter Fund and ordering payment made to City of
Rochester, Minnesota, $2,278.96; Continental Oil Company, $298.00; Phillippi Equipment Company,
$1,015.00; Peoples Natural Gas Company, $549.70 and H & H Electric Company, $984.52. Upon motion
by Tingley, second by Wilkus, resolution adopted.
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: International Business Machines Corp., $35.00; Tom Moore,
Register of Deeds, $25.75; Robert R. Blakley, $74.67; Charles H. Dornack, $40.50; William L.
Burrows, $41.63; Paul Plantz, $42.00; C. A. Cottingham, $85.60; Willetta Hoaglan, $58.50; The
Mayo Clinic, $37.00; Cooperative Oil Company, $50.00; Mark Hurd Aerial Surveys, Inc., $14.59;
Northside Repair Service, $115.00; H. A. Rogers Company, $32.56; Monte's, $8.75; Cities Service
Oil Co., $62.32; Miller Davis Co, $17.61; Fire & Safety, Inc., $125.00; The Gopher Stamp & Die
Company, $70.57; Johnson Company, $10.90; Oswald Publishing Co., $135.50; West Publishing Co.,
$3.00; Richard Kinsella, $11.20; Witte Transportation Co., $3.37; State of Minnesota, Department
of Administration, $1.80; Bergstedt Paint Co., $5.08; Firestone Stores, $4.34; Soaony Mobile
Oil, $46.20; R. C. Drips Grocer Co., $7.50; General Trading Co., $11.97; Richard Demming, $24.60;
City of Rochester, $9.10;
From the Street & Alley Fund: Firestone Stores, $155.82; Socony Mobil Oil, $112.02;
Cooperative Oil Co., $9.25; W. H. Ziegler Inc., $28.03; Wm. H. Ziegler Inc., $98.48; J. I. Holcomb
Mfg. Co., $7.75; General Trading Co., $44.72; Clements Chevrolet Co., $.99 and Wm. H. Ziegler, Inc.
$45.68.
From the Fire Protection Fund: State of Minnesota, Industrial Commission, $3.00;
General Trading Co., $38.59; Kenneth Stoltenberg, $85.60; E. J. Klmmpe Co., $3.50; Southern
Minnesota Fire Department Association $5.00; Minnesota State Fire Dept. Assn., $35.00; Johnson
Service Co., $36.50; and Clements Chevrolet Co., $.50.
From the Police Protection Fund: Andersons Mens Wear, $115.45; Rebuen A. Rieck,
$55.00; The Dayton Co., $16.15; M. C. Lawler, $18.95; Clements Chevrolet Co., $62.60; P. E. Romano,
$12.00; Carl J. Briese, $115.00; Carl Hooper, 420.00; Carl J. Briese, $24.60; Joe L. McDermott,
•
1
1
n
U
Record of Official Proceedings of the Common .Council
of the. City of Rochester,. Minn., February 2, 1959
1
1
1
•
1
$24.75 and Motorola Communications and Electronics, $50.71.
From the Sewer Fund: Hach Chemical Company, $24.87; Power Supply Co., $39.58; The
Woodruff Company, $19.50; Witte Transportation $2.75; Michele Sales Company, $115.86; R. C. Drips
Company, $15.35; Fairbanks, Morse & Company, $41.44; Eco., Inc., $43.17; Hach Chemical Company,
$19.24; Geo. T. Walker Co., $10.29; Woodruff Company, $3.78; K & K Electric Company, $27.88;
Woodruff Company, $8.63; State of Minnesota, Industrial Commission, $13.00; City of Rochester,
$11.42.
From the Parking Meter Fund: Parking Meter Repair Service, $58.50 and Joe Healey,$10.00�
From the Park Improvement Fund: N. W. Bell Telephone, $27.92;
From the Permanent Improvement Fund; Twin City Testing & Engineering, $36.00.
From the P.I.R.-'Fund: Leitrupp Nielson, $48.87.
From the F. E. Williams Estate Fund: City of Rochester, F.U., $2.58.
Alderman :Haas.,=stAted.-that he.;felt some :cjassification should'berestab 1ithedAh regard to
paying mileage and expense for city employees. He now had a bill from Carl J. Briese for
additional expenses while attending police school in Los Angles which bill included an item in the
amount of 412.50 for laundry and he wondered if this item were allowable. A motion was then made
by Tingley that the Internal Affairs Committee be authorized and.instructed to make a study of the
expense account situation and give thought to the establishing of a set amount of so much per
diem and also as to the items that might be classified. McGuckin seconded the motion and all voted
in favor thereof.
A motion was then made by Hanlon that the expense on the bill submitted by Carl J.Briesel
referrable to laundry be deleted and the balance of the bill be paid. Wilkus seconded the motion
and upon roll and all voting in favor thereof except Tingley and Kamm, who voted "no", President
Kamm declared the motion carried.
Upon motion by Tingley, second by Wilkus, the meeting was adjourned until 7:30 P. M.
President Kamm called the meeting to order at 7:30 o'clock P. M., the following members
being present: President Kamm, Aldermen Haas, Hanlon, McGuckin, Morris, Tingley, Wilkus.
projects:
President Kamm stated this as being the time and place set for hearings on the following
Hearing on the proposed assessment for paving of 7th Street Northwest between Broadway
and llth Avenue Northwest. There was no one present wishing to be heard and no written objections
were received. President Kamm decalred the hearing officially closed.
Hearing on the proposed assessment for sanitary sewer, water main, storm sewer, service
connections and grading and surfacing in Cascade Plaza. There.was no one present wishing to be
heard and no written objections were received. President Kamm decalred the hearing officially
closed.
Hearing on the proposed assessment for grading and surfacing and 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 and no written objections were received. President Kamm
1 J
declared the hearing officially closed.
the Common Council Record of Official Proceedings of
of the City of Rochester, Minn., February 2, 1959 •
OH W.4CD PUH'CIH'FIIN O-CO�NEW'UI:N7MINN-5195
Hearing on the proposed assessment for construction of a water tower in the Northwest
Service Area'(Thomas First Addition). 'There was no one present wishing to be heard and no written
objections were received. President Kamm declared the hearing officially closed.
Hearing on the proposed assessment for donstruction of a 10!,1 water main to Elton Hills
(Thomas First Addition). There was no one present wishing to be heard and no written objections
were received. President Kamm declared the hearing officially closed.
Hearing on the proposed change of zoning from residential to industrial zone of the
property south of the Chicago Northwestern Ry. tracks between 9th and llth Avenue Northeast, owned
by F. 0. Fitting and Sam McConnell, and described'as'follows:
Commencing at the west terminus of the south line of the east and west
alley as platted in the Plat of Elliott & Hoffman's Subdivision of Lot
No. 13, State Subdivision of Section No. 36, Township No. 107 North,
Range 14 West, where it joins the east line of Outlot No.'14, State
Plat of Section No. 36, Township No. 107 North, Range 14 West, for a
place of beginning; running thence west parallel with the south line
of said Outlot 14; a distance of 25 feet; running thence north parallel
with the east line of said Outlot No. 14, a distance of 66 feet,
running thence west parallel with the south line of said Outlot No. 14,
a distance of 25 feet; running thence north parallel with the east line
of said Outlot 14, to the right of way of the C. N. W. RR; running
thence easterly along the south right of way line of the C. N. W. RR
to the northeast corner of said Outlot 14; running thence south on the
east line oT said Outlot 14 to the place of beginning.
Mr. Sam McConnell and F. 0. Fitting, the petitioners, were present and stated this property would
probably be used to build a warehouse and assured the Council that nothing detrimental would be put
here: The recommendation of the Zoning Board dated January 5, 1959 that this petition be granted
was again read. A motion was then made by Haas that the hearing be closed, that the recommendation
be accepted and the City Attorney be instructed to prepare an ordinance making the requested
zone change. Morris seconded the motion and all voting in favor thereof, except Hanlon who voted
"no", President Kamm declared the motion carried.
Hearing on thelproposed change of zoning from residential to commercial of Lots 1, 2 and
3, Block 1 and Lots 1, 2 and 3, Block 2, Belt Line Subdivision. Mr. Art Swan, Attorney representing
the petitioners was again present, he again requested that the Council give favorable consideration
to this change of zoning; he felt this property should'be changed to commercial zone as it was when
in the county, it had been annexed to the City not by petition but they were forced in by the City.
He stated that there was a rumor that his clients were going to sell this property butyhey say
they have no intention of selling; they paid a good price for this property and felt in all
fairness that the commercial status should be given back as they originally had when they purchased
this property. Mr. Frank Newhouse, Attorney representing Mrs. Otilie Invgaldsen of 1801 - 6th
Street S. W., stated that the property owners abutting this property did not feel the streets in
this area were adequate for industry; that cars were parked here constantly and a problem arises
from a dead end street; and that there was a noise factor caused by the trucks. He further stated
that the property owners had considerable investments in their homes and felt the commercializing
of this property had a depreciating effect on their residential properties. Dr. R. Drew Miller
of 439 - 16th Avenue S. W. was also present and stated that his property runs down to the highway;
that he definitely felt there was a safety factor relating to school children and in general urged
1
M
•
1
1
• ,.
11
0
Record of Official Proceedings of the Common Council 689
is of the City of . Rochester, Minn., February.: 2, 195.9
1
u
1
1
1
DBWAI:D"PU'8V18'NIND-CD-NE!:UL"M:M'INN-8188 ._ .
that this petition be denied. A letter signed by Robert W. Cross, President of the Folwell School
P. T. A. requesting that the Council reject the petition for change of zoning was also read. A
protest signed by W. K. Manahan, Theodore Rieple, Robert E. Lee; Paul Grotebaer, Albert Erath,
Mrs. E. J. Serbin, Mrs. Katherine Rossi, R. L. Faucett, Otilie Engvaldsen, The Kruse Company by
by 0. J. Allerton, President, Mrs. Jerry Malagrino, A. J. Sawinski, Maruice Starkson and John D.
Pugiales was also read. R/ V. Ehrick, City Attorney, reported that the protest was signed by the
necessary-20% as required by ordinance. The recommendation of the Board of Zoning dated January 5,
1959 recommending that the petition be granted and the zone change be made -was again read. A
motion was then made by Tingley that the recommendation of the Zoning Board be•approved and the
City Attorney be instructed to draft an ordinance making the requested zone change. Wilkus
seconded the motion and upon roll call, and all voting in favor thereof, except Hanlon who voted
carried.
"no", President Kamm declared the motion IN= (President Kamm stated that before he cast his vote
he wants the minutes to show that he had not made a final decision on this matter and the vote he
made is not necessarily an indication as to how he will vote on the final adoption of the ordinancel
and with this understanding as a part of the minutes, he voted in -favor of the preparation of an
ordinance being prepared).
Mr. Tom Andrew was again present and inquired if any decision had been reached on his
petition requesting that the property at 610:and 616 Fourth Street Southeast be changed from a
residential to a commercial zone. The Zoning Board by recommendation, dated November 3, 1958,
recommended that the petition be granted. A hearing was held on December 15, 1958 at which no one
was present protesting the zone change. A motion was then made by Haas that the recommendation of
the .Zoning Board be approved and the City Attorney be instructed to draft an ordinance making the
requested zone change. Hanlon seconded the motion and all voted in favor thereof.
A letter from Ralph L. Ellingwood submitting a proposal for employment to issue the
annual City of Rochester Report to the People and requesting that the Council authorize the
appointment of a committee with which he could consult as the need arose and to which prepared
report data could be submitted for review was read. The proposal is based on a four -dollar hourly
rate for the assembly of data, writing, picture arrangements, format preparation and all other
phases of publication arrangements. A motion was made by Tingley that the City have an annual
report and a committee be set up for the purpose of working with Mr. Ellingwood. Morris seconded
the motion and all voted in favor thereof. President Kamm then appointed -Tingley and Wilkus on
the Committee to work with Mr. Ellingwood.
The following resolutions were each introduced and read and all voting in favor thereof
President Kamm declared the same duly passed and adopted:
Resolution declaring cost to be assesed and ordering preparation of proposed assessment
for the grading and surfacing and construction of a curb and gutter on 7th Street Northeast from
2nd Avenue Northeast to llth Avenue Northeast. Upon motion by Haas, second by Hanlon, resolution
adopted.
Resolution ordering a hearing on the proposed assessment for the grading and surfacing
11
Common Council Record of Official Proceedings of the
of the City of Rochester, Minn., February 2, 1959- •
O S WACD-PU B l'1 B'H 1'N'D-C D-N EW'U CN.-M 1 N N-D 1
and the construction of a curb and gutter.on 7th Street Northeast from 2nd Avenue Northeast to
llth,Avenue Northeast. Upon motion by Hanlon, second by McGuckin, resolution adopted.
Resolution adopting assessment for the following local improvement: Paving of 7th Street
Northwest between Broadway and llth Avenue Northwest. Upon motion by McMuckin, second by A¢orris,
resolution adopted.
Resolution adopting assessment for the following local improvement: grading and surfacing.
and the construction of a sanitary sewer, storm sewer, water main and service connections in
16th Avenue Northwest in Thomas' First Addition. Upon motion by Morris, second by Tingley,
resolution adopted. -
•
Resolution adopting assessment for the following local improvement: construction of a
sanitary sewer, storm sewer, water main, service connections and finish grading and bituminous
gurfacing in Cascade Plaza. Upon motion by Tingley, second by Wilkus, resolution adopted.
Resolution adopting assessment for the following local improvement: construction of a
10t1 water main to Elton Hills (Lots 16, 17 and 18, Block 1 and Lot 14, Block 2, Thomas' First
Addition - Deferred Assessment). Upon motion by Wilkus, second by Haas, resolution adopted.
Resolution adopting assessment for the following local improvement: construction of a
water tower in Northwest Service Area (Deferred Assessment - Thomas' First Addition).. Upon
motion by Haas, second by Hanlon, resolution adopted.
An Ordinance designating certain streets in the City of Rochester to be used by truck
traffic; providing for enforcement; and prescribing penalties for the violation of its provisions,
was given its third and final reading. A motion was then made by Haas, second by Hanlon, and all
voting in favor thereof, that the above ordinance be amended as follows:.
Section 3. Streets Designated for T5uck Use.
'
I
(e) Second Street Southwest from Broadway to.its junction with
U. S. and State Trunk Highway No. 52.
(h) The extension of Fifth Street Northwest as hereafter.constructed
from Eleventh Avenue Northwest to its junction with U.. S. and
State Trunk Highways No. 14 and 52.
(m) Thirteenth Avenue S. E. from State Trunk Highway No. 296 to
Sixth Street Southeast and Old T. H. No. 20 from Sixth Street
Southeast to its junction with U. S. and State Trunk Highways
No. 14 and 52.
•
A motion was then made by Tingley that the said ordinance, as -amanded, be adopted. Morris
seconded the motion and all voting in favor thereof, President Kamm declared the said ordinance
duly passed and adopted.
An Ordinance amending an ordinance entitled, "An Ordinance ,granting to the Rochester
Yellow Cab Corporation a franchise to operate taxicabs on the streets of the City of Rochester;
providing rules, regulations and conditions for the.conduct of said taxicab business; providing
for the licensing of taxicabs; providing rates of fare; and providing penalties for the violation
thereof," ( changing rates), was given its second reading.
An Ordinance amending an ordinance entitled, "An Ordinance granting to Rocabco, Inc.,
a Minnesota Corporation doing business as Vet's Blue and White Cabs, a franchise to operate
taxicabs on streets of the City of Rochester; providing rules, regulations and conditions for
the conduct of said taxicab business; providing for the licensing of taxicabs; providing rates
•
Record of Official Proceedings of the Common Council
of the .City of Rochester, .Minn., February .2., 1959
W
1
L]
1
1
1
of fare; and providing penalties for the violation thereof. (changing rates), was given its second
reading.
ed
Mr. Stanley Mohn and Mr. Haven Hodge were present and present/a preliminary plat of
Mohn & Hodge Northeast.Addition. Upon motion by Tingley, second by Wilkus, the same was referred
to the Planning and Zoning Commission.
Mr. A. B. Hawkins and Mr. Herman Dornack, two of the petitioners who requested a change
of zoning of properties on 3rd Street Southeast between 8th and 9th Avenue Southeast from
residential to multiple dwelling zone were present. They stated that they had not had a chance
to be heard either by the Board of Zoning or the Council and felt they should be given a chance to
present their reasons why they wanted their property changed to multiple dwelling zone. The
recommendation of the Board of Zoning that their petition be denied had been read and approved at
the meeting of the Council this afternoon. A motion was made by Hanlon that the Council reconside
the action taken on the recommendation of the Board of Zoning. Morris seconded the motion and all
voted in favor thereof. A motion was then made by Hanlon that this matter be referred back to the
Board of Zoning for further consideration. Morris seconded the motion and all voting in favor
thereof, President Kamm declared the motion carried.
Alderman Hanlon stated that he felt people petitioning for a change of zoning should
be given a chance to be heard before the Zoning Board before the said Board makes their recommend-
ation to the Council and moved that the Zoning Board be requested tonotify all persons living
within 200 feet of a piece of property, for which a zone change had been requested, of the time and
place of the meeting of the said Zoning Board; also the petitioners should be notifgd. Tingley
seconded the motion and all voted in favor thereof.
Alderman McGuckin was excused.
An ordinance annexing to the City of Rochester, Minnesota, a part of the Northeast
One -Quarter of Section Thirty -Four, Township One Hundred Seven North Range Fourteen West, in
Olmsted County, Minnesota (Highway Addition), was given its second reading.
A motion was then made by Haas, second by Hanlon, that the above le given its third
reading by suspending the rules. Upon roll call and Haas voting "no", President Kamm declared the
motion lost.
An Ordinance annexing to the City of Rochester, Minnesota, parts of the.Northeast one -
Quarter and Southeast One -Quarter, all in_Section Thirty -Two, Township One Hundred Seven North,
Range Fourteen West, Olmsted County, Minnesota (East 750 feet of Rabehl farm), was given its 3rd
reading. A motion was made by Haas that negotiations for the right of way for access to the new
Starr Judd Park, be turned over to the Public.Works Committee. Morris seconded the motion and
all voted in favor thereof.
An Ordinance annexing to the City of Rochester, Minnesota, a part of the north one-half
of the'Northwest one -quarter of Section twenty-two, Township One Hundred Seven North, Range
Fourteen West, in Olmsted County, Minnesota (Rolling Greens 2nd Addition) was given its second
reading. The matter of acquiring a 100' right of way was considered A motion was made by Haas
0
Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., February 2, 1959
•
that the Public Works Committee be authorized to for the purchase of this 100 ft. right of way
and the City Attorney prepare the necessary papers. Hanlon seconded the motion and all voted in
favor thereof.
Resolution accepting the easements and rights of way for•public streets and utility
purposes over parcels of land in Folwell Heights -and Rolling Greens Addition given by the Kruse
Company. Upon motion by Tingley, second by Wilkins, and all voting in favor thereof,, President'
1
Kamm declared the resolution duly passed and adopted.
Resolution amending the Comprehensive.Resolution establishing parking and parking meter
regulations and provisions pursuant to Ordinance No. 871 as follows:
.
"(l) Section (5) PASSENGER LOADING ZONES, is hereby amended by adding thereto Sub
sections eh. and ei. to read as follows:
eh. On 4th Street Southwest on the South side of the Street between 4th
Avenue and 5th Avenue, 50 feet, more or less, in front of the main
entrance to the new Methodist Church.
ei. On 5th Avenue Southwest on the East side of the Street between 4th
and 5th Street, 50 feet, more or less, in front of the Chapel entrance
to the new Methodist Church."
(2) Subsection bm. of Section (5) PASSENGER LOADING ZONES, is hereby repealed.
(3) Subsection i. of Section (1) ANGLE PARKING, is hereby amended so as.to read in
its intirety as follows:
i. On 4th Street Southwest from lst Avenue Southwest to 2nd Avenue Southwest
on the South side of the Street only.
(4) Subsection (a), ZONE A of Section (8), LIMITED PARKING ZONES, is hereby amended
by adding thereto Subparagraph 8 to read as follows:
8. On the East side of 3rd Avenue Southwest between 1st Street and Center
Street, the first 6 parking spaces North of 1st Street.
(5) Subparagraph 1 of Subsection (a) ZONE A of Section 8, LIMITED PARKING ZONES,
is hereby amended so as to read in its entirety as follows:
1. On both sides of 1st Street Southwest between 3rd Avenue and 4th Avenue.
(6) Subparagraph-7 of Subsection (f) ZONE F, of Section 8, LIMITED PARKING ZONES, is
hereby amended so as to read in its entirety as follows:
7. On 3rd Avenue Southwest and Northwest between 4th Street Southwest and
1st Street Northwest except for the area from 1st Street Southwest on the
West side of the Street North to the driveway behind the U. S. Post Office
and except for the first 6 parking spaces on the East side of the Street
North of 1st Street Southwest."
Upon motion by Hanlon, second by Haas, that the above resolution be adopted as read and all voting
in favor thereof, except Tingley who voted "no", President Kamm declared the resolution duly
passed and adopted.
An Ordinance amending an ordinance entitled, "An Ordinance establishing charges and
rates for the use and service of the sewage works of the City of Rochester, Minnesota", was given
•
its first reading.
R. V. Erhick, City Attorney, reported that a settlement had been reached in the sum of
$4OO.00.in the case of Minnie A. & William Rommel against the City of Rochester for an injury
sustained as a result of a fall on the sidewalk and recommended that this amount be appropriated
and the case settled. A resolution appropriating $400.00 from the General Fund and ordering
payment made to Minnie A. Rommel and William Rommel. Upon motion by Haas, second by Wilkus, and
all voting in favor thereof, President Kamm declared the said resolution duly passed and adopted.
Alderman Haas, Chairman of the Internal Affairs Committee, brought up the matter of
getting the recreation program in the City of Rochester started. A motion was made by Wilkus and
Record of Official Proceedings of the Common Council
iof the City of Rochester, Minn., February 2, 1959
6' e
1
•
1
1
•
1
Hanlon that the recommendation of the Mayor's Advisory Recreation Board, dated December 15,1958,
be accepted and $25,000.00 be appropriated from the General Fund for this program. A motion
was then made by Hanlon that the original motion be amended that the budget of $25,000.00 be
tentatively approved and the Internatl Affairs Committee work with the City Attorney in
preparing an ordinance and setting up details of this program (a seven man board was recommended)
Tingley seconded the motion and all voted in favor thereof. A vote was then taken on the
original motion as amended and all voting in favor thereof, President Kamm declared the motion
carried.
The Council then discussed the street and alley wage question which they had considered
at a series of meetingson wage matters. A motion was made by Haas that Mr. Mulvihill be
notified that the Council would offer an increase of $200.00 in base pay plus 3% increase; the
motion was lost for want of a second. A motion was then made by Hanlon that the base pay be
increased $150.00 per year and the 3% increase; Tingley seconded the motion and upon roll and
Haas, Morris and Wilkus voting "no" and Hanlon, Tingley and Kamm voting."aye",.President Kamm
declared the motion lost. A motion was then made by Morris that the base pay be increased
$175.00 per year plus the 3% increase; Haas seconded the motion and upon roll call and Haas,
Morris and Kamm voting "aye" and Hanlon, Morris and Tingley voting "no", President Kamm
declared the motion lost. A motion was then made by Wilkus that the Common Council roommend
to the Common Council taking office on the first Monday in April, 1959, that the base pay of
each member of the Street & Alley Department be increased in the sum of $150.00 per year plus
whatever other general increase is granted to other employees of the City. Hanlon seconded the
motion and upon roll call and all voting in favor thereof except Haas who voted "no", President
Kamm declared the motion carried.
A motion was then made by Haas, second by Tingley, that the City Clerk notify Mr.
Mulvihill of the action taken. All voted in favor thereof.
Upon motion by Morris, second by Tingley, the meeting was adjourned until 7:30 o'clock
P. M.'on Monday, February 16, 1959.
City Clerk
•
Record of Official Proceedings of. the Common Council
of the City of Rochester, Minn., i
1
7