HomeMy WebLinkAbout11-02-1959364 Record of Official Proceedings of the Common Council
of the City of -Rochester, Minn., November 2, 1959 •
DBWALD PUBLIBMINM Co., NEW ULM MINN. 9181
Minutes of a regular meeting of the Common Council of the City of Rochester, Minnesota,
held in the Council Chambers in the City Hall, in said City, on November 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.
tresident Kamm stated this as being the time and place set for receiving and opening
bids for the following projects:
Bids for rough grading, sanitary sewer, storm sewer, water main and service connect-
ions in Northgate 3rd Addition and on 19th Street N. W. from T. H. #52 to 21st Avenue Northwest
in Sunset Terrace 2nd Addition. The bids of Carlisle G. Fraser, Inc. in the amount of $167,847.95
Barbarossa & Sons, Inc. in the amount of $174,649.80 and Acton Construction Company in the amount
of $181,878.70 were each received and opened and upon motion by Haas, second by Morris, the same
were referred to then Public Works Committee and City Engineer for tabulation and recommendation.
All voted in favor thereof.
Bids for finish grading, base and surfacing in Northgate 3rd Addition and on 19th
Street N. W. from T. H. 52 to 21st Avenue N. W. in Sunset Terrace 2nd Addition. The bids of
Rochester Sand & Gravel Company in the amount of 94,000.00•and Leon Joyce in the amount of
$92,243.50 were each received and opened and upon motion by Haas, second by McGuckin, the same
were referred to the Public Works Committee and City Engineer for tabulation and recommendation.
All voted in favor thereof.
Bids for installation of a Rotary Sewage Screen and Appurtenances for the Pwage
Treatment Plant. The bids of The Sanitary Company in the amount of $14,812.00 and Acton
Construction Company, Inc. in the amount of $15,973.00 were each received and -opened and upon
motion by Tingley, second by Wilkus, the same were referred to the Public Works Committee and
the City Engineer for tabulation and recommendation. All voted in favor thereof.
Bids for furnishing one pneumatic tire tractor shovel for use in the Street & Alley
Department. The bids of H. C. Ormes Construction Equipment Company in the amount of $13,000.00;
Road Machinery & Supplies of Mpls., Inc. in the amount of $13,050.00; Phillippi Equipment
Company in the amount of $13,348.00 and Borchert Ingersoll, Inc. in the amount of $13,800.00
were each received and opened and upon motion by Haas, second by Wilkus, the same were referred
to the Public Works Committee and City Engineer for -tabulation and recommendation. All voted
in favor thereof.
Letters from the Downtown Retail Merchants Association, the Rochester Central Area
Improvement Association and 'the Executive Committee of the Rochester Chamber of Commerce
requesting that the Council adopt a regular program of charging regular rates on meters.and
parking lots on holidays not observed by the retail firms, were each read. Mayor Smekta read
the following opinion from the City Attorney, R. V. Ehrick:
"In my opinion, the Common Council has the authority to amend this resolution
to except only certain designated holidays from the operation of parking
regulations. Section 645.44 of the Minnesota Statutes provides that "No
public business shall be transacted" on legal holidays "except in cases of
necessity". In my opinion, the regulation of parking is not a transaction
of public business, and even it it were, the Common Council has the
authority to except this as a case of necessity."
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Record of Official.- Proceedings. of the Common Council
of the City of Rochester; Minn., November 2, 1959
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Upon motion by Tingley, second by McGuckin, the letters were referred to the City Security
Committee. All voted in favor thereof.
A letter from the Board of Public Health & Welfare requesting approval of the
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employment of Miss E16zabeth Buenger, 906 -.loth Street S. W. as Social Worker,. effective on
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November 16, 1959 at the beginning salary -of $445.00 per month, this employment being made to
replace Mrs. Dorothy Kerger who resigned, was read. Upon motion by Haas, second by Wilkus, the
appointment was approved. All voted in favor thereof.
A letter from the Board of Public Health & Welfare requesting approval of the
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employment of Richard Trautner of 1038 Fourth Avenue S. E. as Assistant Milk Sanitarian in the
Health Department, effective November 2, 1959 at the beginning salary of $342.00 per month, this
employment.to replace Mr. Bernard Kluck who resigned, was read. Upon motion by McGuckin, second
by Tingley, the appointment was approved. All voted in favor thereof.
A card signed by Mr. and Mrs. Woodrow Nelson inquiring why there was no stop sign
at the south side of llth Avenue N. W. railroad crossing was read and President Kamm ordered the
same placed on file. It was noted that work had been started on.the installation of the signals
at this intersection.
A letter from the.City Planning and Zoning Commission stating that inasmuch as
the City Planning and Zoning Commission currently has under study the complete text for a
proposed new zoning ordinance, they recommend that the interim measures previously recommended
to the Council be tabled until a recommendation is made concerning the complete new ordinance,
was read. The letter further stated that a series of meetings will be held by the Planning and
Zoning Commission to familiarize themselves with the text of the ordinance and when this is
completed a series of public meetings will be held by the Commission to explain the ordinance
and districting map before making a recommendation to the Council President Kamm ordered that
the letter be,placed on file.
A letter from the Olmsted County Advisory Committee of Employment of the Handicapp4
requesting that the City of Rochester take the necessary action, as soon as possible, to
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alleviate the present problem of automobile parking,for the handicapped presently working in
Rochester and those seeking employment here, was read. Upon motion b Tingley, P y g y, second by
McGuckin,,the letter was referred to the City Security Committee. All voted in favor thereof.
A letter from Mrs. John B. Gambil stating that she owned property at 207 - 92 St.
S. E. and at the present time parking is banned at all times between 1st and 3rd Avenue and
requesting that a reviewal of the situation to determine whether the factors still exist which
made the ban necessary, was read. Upon motion by Hanlon, second by McGuckin, the same was
referred to the City Security Committee. All -voted in favor thereof.
Mr. Larry Potter of Peoples Natural Gas Company was present and inquired as to what
progress had been made regarding their rate increase request- He was told that the Company
hired to make the survey would report back the first part of December.
A copy of a letter from Sister M. Generose, Assistant Administrator at St. Mary's
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., November. 2, ,1959 •
o BwALo PUBLISHIN0. CO., NEW ULM, MINN. 9181
Hospital, commending the Fre,Department for the splendid cooperation and assistnauce in the -
presentation of their fire safety program was read. President Kamm ordered.the same placed on file.
A letter from the Department of Public Utilities stating that they approved of the
vacating of an easement in Lots 1, 2 and 3, Block 21,_Elton Hills Subdivision and Lots 37, 38 and
39, Block 21, Elton Hills 5th Subdivision was read. (The Northwest Conference.of_the Evangelical
Covenant Church of America had petitioned to have the said easement vacated on September 8, 1959
and their petition had been referred -to the Public Utility Board at that time.) Upon motion by
Tingley,.second by Morris, the recommendation of the Utility Board was accepted -and the City
Attorney was instructed to prepare the necessary resolution -to start the vacating procedure. All
voted.in favor thereof.
A letter from the State of.Minnesota, Water Pollution Control Commission, approving
plans for alterations and additions to fine screen facilities at the Sewage Treatment.Plant was
read and Bresident Kamm ordered -the same placed on file.
A letter from Builders Land Company stating that under date of June 2, 1959 this
company entered into a contract with the City -of Rochester to complete, -among other things, the .
construction -of streets in Elton Hills Fourth Subdivision but because of the adverse weather
conditions which we have been faced with for the past two months, -we have been unable.to proceed
with this work as scheduled and because of the lateness of the construction season and the
uncertainty of future.weather, we are uncertain -as to whether or not this work can or should be
completed this year.; we will have the street base installed but would like an extension of the
bituminous surfacing.until July 1, 1960 and requesting extension of -this contracted work was read.
A motion was then made by Haas that the extension of time be granted upon recommendation of the
City Engineer. McGuckin.seconded the motion and all voted in favor thereof.
A petition signed by Lottie Louise Walker to have the following described property
changed from a residential.to,a_commercial zone was_read.and upon motion by Hanlon, -second by
McGuckin, and all voting in favor thereof, the same was referred to the Planning_& Zoning Commission:
"A part of Outlot 16,_Northern Addition to the -City of Rochester described by
metes and bounds as follows: Beginning at the Southwest corner of Lot 15,
Leiferman-Koehnen Sub -Division, thence southeasterly a distance of 100.00
feet along the southerly line of said Lot 15, thence southwesterly at right
angles a distance of 217.8 feet to the centerline of 14th Street Northeast, _
thence Northwesterly a distance of 100.0 feet along the centerline of 14th
Street Northeast,,thence Northeasterly at right angles a distance of.217.8
feet along the easterly line of 1st Avenue Northeast, to the point of beginning;
being a part of Outlot 16,_Northern Addition to the City of Rochester,
Minnesota, subject to the right of the public on the southerly 33 feet thereof."'
The appointment by Mayor Smekta of Mr. Lawrence B. Stadler, 1439 Durand Court to the
Library Board, Mr. Stadler to fill out the unexpired term of Dr. C. R. Holland who has resigned
and the term to expire on the 3rd Satudday in July, 1960 was read and upon motion by Hanlon, second
by Tingley, the appointment was confirmed. All voted in favor thereof.
The request or Curtis L. Taylor, Recreation Director, for Permission to attend the
Annual Conference ofMinnesotaRecreation Association to be held in Minneapolis on November 5th
and 6th, 1959 at city expense was read. Upon motion by Wilkus, second by McGuckin, his request
was approved and Mr. Taylor was authorized to attend at city expense. All voted in favor thereof.
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• Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., November. 2,-1959
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.A letter from Stanley F. Drips, Postmaster, stating that Police Chief James J.
Macken, Traffic Captain Gerald Kingsley,, Asst.. Superintendent of 1jail,s Elbert Schwarz and himself
investigated possible locations.for courtesy letter drop boxes for Post Office patrons from
automobiles and the following locations were agreed on by all•concerned, based on the flow of
traffic and possible traffic hazards, was read and Upon motion by McGuckin, second by. Hanlon, and
all voting in favor thereof, the letter was referred to the City Security Committee:
1. Ninth Street S.W. at 6th.Avenue on the southeast corner of the intersection
on the Soldier's Field side.
2. Twelfth Street S.E. east of 8th Avenue S.E. on the north side of"the street.
3. Third Avenue and Fourth Street S. E. south of the intersection on the east
side of the street.
4. Eleventh Avenue•and Fourth Street S. E.'east of the intersection on the north
side of Fourth Street.
5. Eleventh Avenue and Seventh Street N. k. west of the intersection on the north
side of Seventh Street.
6. Ninth Avenue and Fourteenth,Street N. E. north of the intersection on the west
side of Ninth Avenue.
7. Twelfth Street and North Broadway north of the intersection on the west side of
Broadway.
8.' Tenth Street and Eleventh Avenue N. W.'on the west side•of Eleventh Avenue
south of the Church.
9. Second Street S. W. at the widening of the street'at the east and of St. Mary s
Hospital on the south side of the street.
Alderman Haas stated that the City Security Committee had been given the job of
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remodeling part of city hall to be used as a traffic ticket bureau, down in the juvenile office.
He presented the bid of John Weis & Sons in the amount of $3,039.00; it was then noted that the
Council had to advertise for bids for anything over $1500.00, according to the Charter, and also
the State Law required that there had to be architectural or engineering.services on public
pr&jects over $2000.00. Looking at the ibd it was noted that this included carpentry, electrical,
heating, floor covering and painting. It was suggested that some of this work could be done by
city employees. The City Attorney was to contact the contractor and see how much the bid would
be if this were delted and report back at the evening meeting.
Upon motion by Wilkus, second by Tingley, a 15 minute recess was declared. The
meeting was called to order again at 3:30 P. M.
The recommendation of the City Security Committee that the license application of
Gilbert Beckrich of 130 - 13th Avenue S. E. to sell non -intoxicating malt beverages."off sale"
be approved, was read. Upon motion by Morris, second by McGuckin, the recommendation was approved.
All voted in favor thereof.
The reports of the Clerk of Municipal Court for the week ending October 16, 1959
showing total criminal fines and costs collected and civil fees received $2,164.85 and total
remitted to the City Treasurer $1,213.05 and for the week ending October 23, 1959'showing total
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criminal'fines and costs collected and civil fees received $1,962.00 and total remitted to the
City Treasurer $9:84.50 were each read and having been approved by the City Attorney, President
Kamm ordered the same placed on file.
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:
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., November 2, .1959 •
OSWALD PUBLISHING CO., NEW ULM MINN. 9181
From the General Fund: Elfreda-Reiter-, $16.00; Minneapolis -Star & Tribune, $27.30.;
Curtis L.=Taylor, $35.93; H. A. Rogers Company,-$9.•65; C.--A. Armstrong, $10.60; Pitney Bowes, Inc.
$51.33; Albert Reinhartz, $2.30; General Farm Supply, $61.80; Willetta Hoaglan, $68.20; Paul Plantz,
$36.75; William Burrows, $43.13; Charles Dornack, $44.55; Garnet Spring, $40.95; H & W-Motor
Company, $6.93; Bethune Jones, $4.75; Northwest Publications-; Inc., $23.10; S. M. Supply -Company,
$3.75; Mrs. Richard Ferber,-$116.25; Marie Bolton, $115.50; Borchert Ingersoll, Inc., $20.49;=
Black and Veatch, $119.44; Rochester -Ambulance Service, $12.00; Schmidt Printing Co., $51'.15;
Marian E. Munn, $80.00; The Johnson Co.,-$37'.30; Clerk of Municipal 'Court, $112.12; Cooperative
Oil Company, $61.00; Construction Bulletin, $86.60; Harry H. Evans, $42:50; Lester Edgar Laurence,
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$12.50; Rochester Methodist Hospital, $183.10; C. A. Cottingham, $84.80; The Downtown Toledo Assn.,
$1.05; Rochester Plumbing & Heating, $7.00; Cranston Typewriter Service, $21.50; Darlene Wentworth,
$116.84; Robert R. Blakely, $90.00; City of Rochester, P.U., $196'.20; Witte Transportation Co.,
$21.17; Arnolds=Supply Co., $67.45; Masseys, $23.20; Dieter Paper and Marine Supply, $33.85; Eco,
Inc., $51.40; Duo Safety Ladder Corp., $139.80; Higley Chemical Co., $17.12; Matzke Sewing Center,
$.50; Lawlers, $3.00; Woodhouse Brothers, $80.05; Reeves Drug Store, $8.10; Fire and Safety, Inc.,
$2.50; I.B.M., $22.50 and Ace Hardware, $11.08.
From the Street &'Alley Fund: Standard Oil Co., $61.60; B. DeWitz, $128.65; Arts
Auto Parts, $85.00; Tom's Electric Co., $41.56; Arthur A. Hirman Agency, $130.13; Sears Roebuck &
Co., $11.64; Eco, Inc., $15.45; Teco; Inc., $54.35; Farm and Home Distributing Co., $65.70; Bement
Cahill Equipment Co., $10.14; Klauer-Mfg. Co., $40.55; Neal Hofstad, $102.37; Ruth R. Bernard,
Agent, $145.70; C. 0. Brown'Agency, $148.03; Peoples Natural Gas Co., $58.06;'Stephan B. Woodward,
$66.00; Struve Paint Shop, $4.14; Woodruff Company, $145.82;'Public Works Equipment Co., $132.80
and Ace Hardware, $30.76.
From the Fire Protection Fund: .Schmidt Printing Co., $4.40; Woodhouse Brothers,
$5.35; Kenneth Stoltenberg, $77.15; The-1,4ayo Clinic, $35.00;`The Model Laundry, $13.69; National
Fire Protection Assn., $37.64; Henry W. Badberg, $109.00; Jack Hanson, $67.50; S. M. Supply Co.,
$.78; Clements Chevrolet Co., $100.05 and Ace Hardware, $55.66.
From the Police Protection Fund: Matzke's Sewing Center, $6.00; M. C. Lawlers,
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$128.85; Leonard Scrabeck, $3.50; Cronin Peterson, $26.35; Richmonds Bootery, $16.95; J. C. Penney
Co., $5.79; P. E. Romano, $53.61; Roy Kingrey, Inc., $28.50; 0 & B Shoe Store, $40.90; Bakers,
$16.95; Andersons, $152.95; Kerstens, $2.50; Reeves Drug Store, $2.70; Fire and Safety, Inc.,
$3.00;-I.B.M., $35.00; Motorola Communications & Electronics, $176.31; Carl J. Briese, $24.90;
Kenneth W. Link, $24.75; Dale Thul, $162.72;•T. 0. Wellner; M.-D., $90.00; Koffee Kup Cafe, $49.40;
Reuben A. Reick, $60.26; Clements Chevrolet Company, $79.28 and Lester J: Decker, $20.20.
From the Sewer Fund: Plant Equipment, Inc., $61.60; McKesson Robbins, $144.75;
Monson Dray Line, Inc.,-$8.85; Woodhouse Bros.,l$66.54; Peoples Natural Gas Co., $7.48;-Rochester
Block and Supply Co., $7�00 and Ace Hardware, $4.86.
From the Auditorium Fund: The Johnson Co., $13.80; Kruse Company; $59.32; Cranston
Zypewriter Co., $3.00; N. W. Bell Telephone Go., $85.84; Rochester Maintenance Supply Co., $45.78;
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Record of Official Proceedings of the Common Council
of the. City of Rochester; Minn., November, 2, 1959
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The Vilter Mfg. Co., $.19«75;, Squires Electric Co., $14.67;<Curtins T.V., $26.70; Art Hall, $7.2.76;
City of Rochester, P.U., $62.39; Peoples Natural Gas, $12.28 and City ;of Rochester, P.U.;, $100.50.
From the Lighting Fund: City of Rochester, P.U., $175.68.
From the Parking Meter Fund: Parking Meter Repair Service, $48.00; Joseph Healey,
$t0.00; Williams Printing Co., $10.0Q; S. M. Supply Co., $26.22; Clements Chevrolet Co.,. $6.00;
and Ace Hardware, $2.51.
From the Park Improvement Fund: N. W. Bell Telephone Co., $47.2Z; City of
Rochester, P.U., $31.,65; Peoples Natural Gas Co., $8.12.;
From the Permanent Improvement Fund: State of.Minnesota, Department of Highways,
$156.85 and Patterson Quarries, $6.50.
The following resolutions were each introduced and read and upon motion made and
seconded and all voting in favor thereof, President Kamm declared the said resolutions duly passed
and adopted:
Resolution establishing fifteen precincts in the Six Wards of the City of Rochester.
Upon motion by Haas, second by Hanlon, resolution adopted.
Resolution declaring cost to be assessed and ordering preparation of proposed
assessment for the extension of a sanitary sewer and water main in llth Street S. W. from the East
line of Lot 2, Austin's Replat to the West 70.7 feet of Outlot 66, Williams, Healy 4tCornforth's
Addition. Upon motion by Wilkus, second by McGuckin, resolution adopted..
Resolution ordering a hearing on the proposed assessment for extension of a san-
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itary sewer and water main in llth Street S.W. from the East line of Lot 2, Austin's Replat to the
West 70.7 feet of Outlot 66, Williams, Healy and Cornforth's Addition. Upon motion by Wilkus,
second by Morris, resolution adopted.
Resolution declaring cost to be assessed and ordering preparation of proposed
assessment for paving of 7th Street Northeast from Broadway to 2nd Avenue Northeast. Upon motion
by Wilkus, second by Morris, resolution adopted.
Resolution ordering a hearing on the proposed assessment for the paving of 7th
Street Northeast from Broadway to 2nd Avenue Northeast. Upon motion by McGuckin, second by Haas,
resolution adopted. -
Resolution instituting condemnation proceedings to provide a drainage ditch near
the intersection of 18th Avenue Northwest and 35th Street Northwest to a point approximately 750
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feet southeasterly in Rolling Greens 2nd Addition. Upon motion by Wilkus, second by Morris,
resolution adopted.
Resolution appropriating $172.13 from the Parking Improvement Fund and �65.84 from
the Lighting Fund and ordering payment mad6 to City of Rochester, P.U. Upon motion by Wilkus,
second by McGuckin, resolution adopted.
Resolution appropriating $24.29 from the General Fund, $8.40 from the Street &
Alley Fund, $276.55 from the Fire Protection Fund, $4,271.77 from the Parking Meter Fund, $201.00
from the Park Improvement Fund and $100.50 from the Auditorium Fund and ailering payment made to
H & H Electric Company $2,921.76; Mine Safety and Appliance $266.45; Gopher Stamp and Die Company,
340 Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., November 2, n 1959 •
$434.60;. Minnesota Mining and Mfg. Co., $958.20:and City of Rochester, P..U., $301.50. Upon motion
.by Wilkus,. second by Hanlon, resolution.adopted.
Resolution appropriating $38.73 from the General Fund, $2,234.21 from the S & A
Fund and $625.50 from the Sewer Fund and ordering payment made to Herbert G. Knopp, $1,078.19;
Francis V..McGovern Agency $406.90; The Sanfax Company, $304.00; Adler Steel Products Co., $320.00;
Firestone Stores, Inc. $469.42 and Clements Chevrolet Company $319.93. Upon motion by Wilkus,
second by Morris, resolution adopted.
Resolution appropriating $1,7.32..52 from the General Fund and $8.70 .from -the Parking
Meter Fund and ordering payment made to H. Dornack and Sons, $478.07; F. E. Erickson, $323.15;
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Angeberg-Sankstone-Forsberg $200.00; Charter Commission of the City of Rochester, $500.00 and.
Riverside Sand & Gravel $240.00. Upon motion by Wilkus, second by McGuckin, resolution adopted.
Resolution appropriating $631.00 frpia the General Fund and ordering payment made to
the Mayo Clinic. Upon motion by Wilkus, second by McGuckin, resolution adopted.
Resolution appropriating $7,902.67 from the Sewer Fund and ordering payment made to
Carlisle G. Fraser, Inc. Upon motion by Wilkus, second by McGuckin, resolution 'adopted.
Resolution appropriating $2,075-.36 from the Permanent Improvement Fund and ordering
payment made to Carlisle G.-Fraser, Inc. Upon motion by Wilkus, second by Morris, resolution
adopted.
Resolution appropriating $13,577,.00 from the Permanent ,Improvement Fund and 'ordering
payment made to Doyle Conner Company. Upon motion by McGuckin, second by Wilkus, resolution
adopted.
Resolution appropriating $19,283.66 from the Permanent Improvement Fund and ordering
payment made to Palda and Sons, Inc. Upon motion by Wilkus, 'second by Morris, resolution adopted.
Resolution appropriating $2,381.66 from the Permanent Improvement Fund and ordering
payment made to Strains Sodding Service. Upon motion by McGuckin, second by Hanlon, resolution
adopted.
Resolution appropriating $2,745.51 from the Permanent Improvement Fund and ordering
payment made to Palda and Sons, Inc. Upon motion by McGuckin, second by Morris, resolution
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adopted.
Resolution appropriating $1,022.42 from the Permanent Improvement Fund and ordering
payment made to Toltz, King, Duvall, Anderson and Associates. Upon motion by Wilkus, second by
Morris, resolution adopted.
Resolution appropriating $2,662.58 from the P.I.R. Fund and ordering payment made to
Leon Joyce. Upon motion by Wilkus, second by Morris;.resolution adopted.
Resolution apprdpriating $35,524.33 from the P. I. R. Fund and ordering payment made
to Doyle Conner Company. Upon motion by Wilkus, second by AcGuckin, resolution`adopted.
Resolution Appropriating $306.37 from the P.I.R. Fund and ordering payment made to
Black and -Veatch. Upon motion by Wilkus;,second'by Morris, resolution adopted.
Resolution appropriating $2,586.75 from the P.I.R. Fund and ordering payment made to
Alvin E. Benike. Upon motion by Vilkus, second by Morris, resolution adopted.
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• Record of Official Proceedings. of the Common Council
of the City of. Rochester, Minn., November 2, 1959
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Resolution appropriating $824.00 from the P.I.R. Fund and ordering payment made to
Leon Joyce. Upon motion by Wilkus, second by Morris, resolution adopted.
Resolution appropriating $46,811.26 from the P.I.R. Fund and ordering payment made to
Carlisle G. Fraser, Inc. Upon motion by Wilkus, second by Hanlon, resolution adopted.
Resolution appropriating $1,517:01 from the P.I.R..Fund and ordering payment made to
Carlisle G. Fraser, Inc. Upon motion by Wilkus, second by Hanlon, resolution adopted.
Resolution appropriating $23,673.19 from the P.I.R. Fund and ordering payment made to
Carlisle G. Fraser, Inc. Upon motion by Wilkus; second by Hanlon, resolution adopted.
Resolution appropriating $11,443.54 from the P.I.R. Fund and ordering payment made to
Carlisle G. Fraser, Inc. Upon motion -by Haas, second by Hanlon, resolution adopted. Upon roll
call all voted in favor thereof.
An Ordinance amending an ordinance entitled "An Ordinance for the purpose of promoting
health, safety, order,.convenience and general welfare by,regulating the,.use of land, the location,
size, use and height of buildings and the arrangement of buildings on lots, and the density of
population within`the City of Rochester, Minnesota, all in accordance with a comprehensive plan,
(changing Lqts 5 and 6, Block 84, More & Olds Addition to a commercial zone), was given its second
reading. -
Upon motion by Haas, second by Wilkus, and upon roll call and all voting in favor
thereof,'the rules were suspended and the ordinance was given its third and final reading.
A motion was then made by Haas, second by Wilkus, that the said ordinance be ado ed
as read,.and all voting in favor thereof, President Kamm declared the said ordinance duly passed
and adopted.
An Ordinance amending an -ordinance entitled, "An Ordinance for the purpose of promoting�
health, safety, order, convenience and general welfare by regulating the use of land, the location,ll,
size, use and height of buildings and the arrangement of buildings on lobs, and the density of
population within the City of Rochester, Minnesota, all in accordance with a comprehensive plan,
(changing Northgate Shopping Center property to commercial zone), was given its second reading.
Upon motion by Wilkus, second by Haas, that the rules be suspended and the,ordinance be
given its third and final reading. Upon roll call Hanlon voted "no". (The City Clerk was instruc
to write to Northgate Shopping Center, Inc. and request that a plat of the lands in question be
submitted).
An Ordinance annexing to the City of:Rochester, Minnesota, apart of the north one-half
of the Southwest One -quarter of Section Teaenty-Five, Township One Hundred Seven North, Range
Fourteen West, Olmsted County, Minnesota, was given its second reading.
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Upon motion by Ha6lbnst second by Wilkus, the minutes of -the meetings of October 9th and
19th, 1959 were approved. Upon motion.by-_pAgn, second by McGuckin, the minutes of the meeting of
October 20th, 1959 were approved. All voted in favor thereof.
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Mayor Smekta stated that after abolishing the Zoning Board;he had palked with the
Planning Director and the Planning and Zoning Commission and they felt the Planning & Zoning
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342 Record of Official . Proceedings of the Common Council
of the City of Rochester, Minn., -November. 2, 1959 .
Commission should be enlarged from seven to nine members and then as the City grows they will
have a large enough board to take care of the situation; he said he had inquired of the City
Attorney and he said the Council had.the right to do.so and could do so by amending Ordinance No.
718. A motion was then made by,Haas, second by Hanlon, that the City Attorney;be instructed to
draft an amendment to Ordinance No.•718.changing the number of members 'from seven to nine on the
City Planning and Zoning Commission. All voted in favor thereof. .
A letter signed by Richard A. Miller of.the Firemen's Wage Committee thanking the
Council for -the meetings on salaries for this year was read and President -Kamm ordered -the same
placed on file.
At 4:00 P. M. a motion was made by Haas, second by Hanlon, that the meeting be
adjourned until 7:30 P. M. All voted in favor thereof.
President Kamm called the meeting to order at 7:30 P. M., the following members being
1. present: President Kamm, Aldermen Haas, Hanlon, McGuckin, Morris, Tingley,_Wilkus. E
President Kamm stated this as being the time and place set for the following hearings:
Hearing on the proposed assessment for construction of sidewalks at 18 separate
locations (Sidewalk Project #2 - 1959). There was no one present wishing to be heard. President
Kamm declared the hearing officially closed.
Hearing on the proposed assessment for construction of sidewalk approaches to John
Marshall High School. There was no one present wishing to be heard. President Kamm declared the
hearing officially closed.
Hearing on the proposed change of zoning of:0utlot 1, Replat of Bielenberg & Giese's
4th Addition for a commercial zone. There was no one present wishing to be heard. A motion was
then made by Wilkus, second by Tingley, that the hearing be officially closed and the City Attorney
was instructed to draft an ordinance making the requested zone change.
thereof.
All voted in favor -
Hearing on the proposed establishment of 20 toot uniform minimum building setback
line in Markay Addition, except that a 25 foot setback line be established on 19th Street on the
South side. There was no one present wishing to:be heard. A motion was made by Hanlon, second
by McGuckin, that this be tabled for two weeks and upon roll call Haas, Morris, Wilkus and Kamm
voting "no" and Hanlon, McGuckin'and Tingley voting "aye", President Kamm declared the motion lost.
A motion was then made by Hanlon, second by Wilkus; that this be tabled until the next regular
meeting, December 7, 1959. Upon roll call Hanlon, McGuckin, Tingley and Wilkus voting "aye" and
Haas, Morris -and Kamm voting "no", President Kamm declared the motion carried:
Hearing on the proposed establishment of uniform minimum building setback lines of
25 feet in Elton Hills 5th Subdivision. There was no one present wishing to be heard. A motion
was made by Tingley that the hearing be closed and the City Attorney be instructed to prepare=a
resolution establishing the said minimum setback lines. Wilkus seconded the motion aiid'uPon roll
call Haas, McGuckin, Morris, Tingley and Kamm voting "aye" and Hanlon and Wilkus voting "no",
President Kamm declared the motion carried.
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Record of Official Proceedings of. the _Common Council
of the City of Rochester, :Minn., November 2, .1959
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This was the date set for the continued hearing on grading and surfacing of the west 2
of 19th Avenue N. W. from 7th Street Northwest to a point 310 feet south of the centerline of
14th Street Northwest. This hearing had been continued from September 8, 1959 in order to allow
Mr. Art Hall and his Attorney, Mr. Norman Nitzknowski, whether or not it would Ike feasible for
them•to go along with this project; their land is outside the city but abuts this project. Yk.
Nitzknowski stated that his client, -Mr. Hall, did-�not'wish to participate in the grading and
surfacing at this time. A motion was then made by'Hanlon, second by Haas, that this hearing be
officially closed: All voted in favor -thereof.
Alderman Hanlon introduced a -resolution adopting assessments for construction of
sidewalks at 18 separate locations —Project No. 2, which was read. A motion was made by Morris,
second by Haas; that the said ze'solii7tion .be adopted as .read, =and all voting in favor thereof,
President Kamm; declared th'e --said=`reso,lution duly passed -arid 'adopted:
Alderman.Hanlon introduced a resolution levying special assessments for the constructio
of sidewalk approaches to John Marshall High School, fthich was read. A motion was made by
Tingley, second by McGuckin, that"the said resolution be adopted as read, and all voting in favor
thereof, President•Kamn declared the said resolution dulyu passed and adopted. -
Alderman Wilkus introduced a resolution instituting annexation proceeding on certain
lands abutting T. H. 32 in Section 27; Township 107 North, Range 14 West. A motion was made by
Haas, second by McGuckin, that,the said resolution be adopted as read, and all voting in favor
thereof, President Kamm declared the said resolution dujly bassed and adopted..
The application of Lysne Construction, Inc. for a permit to move a house 32' x 28' -
2 stories from 213 4th Avenue S.•W.--to'403 - 21st Avenue S. W. was read. Garnet Spring, Building
Inspector, stated that this building did not meet requirements and requested that the permit be
held up. President Kamm'ordered that the same be tabled until the next meeting.
Alderman Tingley said that some time ago there was a dog ordinance brought up ant it wasl
referred to committee and he wondered what had happendd to it and would like a report on it. Haas,
Chairman of the Security Committee, reported that the committee did -not feel this was the opportune
time to change the -.ordinance, he said the matter of licensing on June 1st, rabies shots, etc. were
all factors that had to b'e considered. Hanlon inquired as to what would be an opportune time
and said he had many inquiries and much interest shown by owners of dogs; Hanlon then moved that
dogs be tied up.or confined for 12 months; McGuckin seconded the motion. Miss Karen Olson of
932 - 4th Street S. W. was present she said .she -thought this was a needless motion,: it is not for
the safety of -,dogs because we have very few.dog accidents; she thought it would be very cruel
because some dogs need to run and roam and would die if tied up; she said dogs were the best
friends children --had and as far as them damaging gardens and lawns she felt .this was a matter
to be settled between the owner of the garden and -the owner of the dog. When questioned by. Mayor
Smekta As, to whether:she thought 6 months would be better, she said no she felt even the 3 month
ban which is on now —was —,to. —long and she thought they should be free at atl times.
Hanlon .'said -:.this; matter has been 15efore the Council and Committee for some time, he felt
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4 Record of Official Proceedings of.: the Common Council
of the City of Rochester, Minn., November 2,. 1959
his motion was well intended and not out of order and requested that it be voted on. A motion
was then made by Wilkus, second by Haas, that the above motion be amended to read every other
year; upon roll call and all voting "no", President Kamm declared the motion lost. President
Kamm then called for a vote on the original motion and upon roll call, Hanlon and McGuckin voting
"aye",and Haas,, Morris, Tingley, Wilkus and Kamm voting "no",, the motion was declared lost.
Kamm said he would like to expedite this matter,,he said he thought the Council should
be ready to vote on this question and it should not be kicked around any.longer. Hanlon also
said he thought they should come to some decision, this has been before the Council many months
and he.did not feel it was fair to the people to let this drag on for an opportune time. Hanlon
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then moved that inasmuch as the City Security, Committee has. -had trouble and taking a poll of the
committee they seem to be of different opinions, he moved thatthis very difficult problem be now
referred out of the Security, Committee and into the Internal Affairs Committee; his motion was .
lost for want of a second.
After further lengthy discussion, a motion was made by Tingley that the Cty Security
Committee be requested_to come up with a definite recommendation at.the next rggular meeting on
December 7, 1959.. Hanlon seconded the motion and all voted in favor thereof. t
Mr. Warrne Eustis, Assistant City Attorney, then presented a modified bid from John
Weis & Son for remodeling in the juvenile office for a traffic ticket bureau iq the amount of
$1379.00,,, this would be just the carpentry work and would include the base material necess4ry; the
painting, flooring, heating and electrical were de]Eted from the original bid. Mr. Eustis also
said he wanted it made clear that Mr. Weis was willing to'submit•the bid on a•competitive basis.
R. V. Ehricic, City Attorney, suggested that then undertake the vase work at the bid price and
stated that in his opinion they would not be violating the Charter.
Tingeley said he had to register definite objection to this type of doing business,
the complete job is over $3000.00 and our charter calls for taking bids for anything over
$1500.00 and he felt by splitting it up they were trying to circumvent the charter and he felt
it sould be let out on bids. Haas said they were not trying.to circumvent the charter and -in
view of;the attorneys.opinion that they were not violating the Charter, he moved that we accept
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this proposal and have it done piece -meal, khe carpentry work at approximately $1309.00 •and get
other people to do the painting, electrical, etc. Wilkus seconded the motion and upon roll call
Haas, McGuckin and WilkiAs voting "aye" and Morris, Tingley and Kamm voting "no" and Hanlon
"abstaining",: President Kamm declared the motion lost.
A motion was then made by Haas, second by Tingley, that the City hire an architect
and advertise for bids for remodeling the juvenile office to provide for a traffic ticket bureau.
Upon roll call Haas, Morris, Tingley and Kamm voting "aye" and Hanlon, McGuckin and Wilkus voting
"no", President Kamm declared the motion harried. '
Alderman Tingley stated that lighting of highway intersections -such as I.B.M., 7th
Street N. W.,.etc. had been discussed by the Public Utility Board, he said the State Highway
Department would put in minimum lighting but he thought there whould be more, it would involve
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over $60,000.00 and the City would have to pay at least one-half; the.. Public Utility Board Fkad
discussion on this several times but oould like to know what the Council wants. A motion was then)
made by Tingley that the Council request the Public Utility Board to approve the complete lightingl
plan as submitted by the City Engineer to the Public Utility Board in a letter dated August 19,
1959. McGuckin seconded the motion and upon roll call all voted in favor thereof. (The City
Clerk was instructed to notify the.Public Utility Board of this action.)
Hanlon again -brought up the matter of remodeling in the Junvenile office, he said he
woulk like to ask -each Alderman whether they think this type of remodeling requires an architect.
In going around the table - Haas, abstained; McGuckin, do not need an architect; Morris, the
charter says we have to take bids for over $1500.00, can you take bids without an architect, if
not then you need an rachitect; Tingley, I agree that an architect .is not necessary, we have 3
or 4 people in the group that could write out plans; Wilkus, I am not in foavr of the architect
and I do not feel breaking the bid doxm is circumventing the charter; Kamm, I would have voted
different this afternoon if this had been broken down and,feel with the breakdwon it eleiminate
an architect; Hanlon, I do not feel we need one and we have the legal opinion of our City
Attorney that we neither in the letter or spirit are violating the charter.
A motion was then made by Haas that we give our City Attorney a vote of confidence,
even thought we have failed to take his advice. Hanlon seconded the motion and upon roll call
and,Haas, McGuckin, Morris and.Kamm voting "aye", Hanlon and Wilkus voting "no" and Tingley
"abstaining", President Kamm declared the motion carried.
Upon motion by Wilkut, second by Morris, the meeting was adjourned until 7:30 o'clock
P. M. on Monday, November 16, 1959.
Cit Clerk
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