HomeMy WebLinkAbout12-07-1959HO
Record of Official Proceedings of the Comrrion Council
of the City of Rochester, Minn., December 7 , 1959
11
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 December 7, 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, Wilkus. Absent: Tingley.
Upon motion by Morris, second by Haas, the minutes of the meeting of November 19, 1959
were approved.
President Kamm stated this as being the time and place set for receiving and opening
bids for construction of Section 4 of the Northeast Relief Sanitary Sewer in llth Avenue Northeast
from 7th Street Northeast to silver Creek Bridge. The bids of Carlisle G. Fraser, Inc. in the
•
amount of $2,998.50 and Littrup Nielson, Inc. in the amount of $3,191.50 were each received and
opened and upon motion by Haas, second by Morris, the same were referred to the Public Works
Committee and the City Engineer for tabulation and recommendation. All voted in favor thereof.
A letter signed by Geo. L. Sergeant stating that the Rochester Lions Club would like
permission to carry on a project known as "Lions Liberty Bells",(the ringing of bells on election
day to remind citizens of their cherished right to vote) was read. Upon motion byMcGuckin,
second by Wilkus, the request was granted. All voted in favor thereof. .
A letter from Albert Angelici requesting a loading zone at 1139 - 2nd Street S. W.
was read. Upon motion by Wilkus, second by Haas, the same was referred to the City Security
Committee. All voted in favor thereof. (McGuckin stated that he had investigated this situation
and recommended a sign for trucks only).
The application of Lysne Construction Company for a permit to move a house 32' x 28'
two stories high from 213 - 4th Avenue S. W. to outside the city limits over the following route
was read: north on 4th Avenue S.W..to 2nd Street S.W., then west to 18th Avenue S.W., then
north to 1st Street S. W., then east to lot outside city limitswas read. Upon motion by Wilkus,
second by Hanlon,Gthe permit was granted, same.to be moved under the supvervision of the Chief
of Police and the Building Inspector. All voted in favor thereof.
Discussion was then held on the ordinance governing house mover's.license and house
moving permits. Chief of Police Macken stated that the movers had all been cooperative but there
were many supervisory.problems faced by the police, public utility and inspection departments.
It was also noted that there was only a fee of 50c for a moving permit and it was suggested that •
this be changed. A motion was then madeby Wilkus that consideration be given by the City
Security Committee that houses be moved only between the hours of midnight and 5:00 A. M. and
that study be given to changing the moving policy. McGuckin seconded the motion and upon roll
call all voted in favor thereof.
A letter from Wm. S. LaPlante, Judge of Municipal Court, requesting that the City of
Rochester purchase a Burroughs Validating and Receipting machine with a cash drawer, this.machine
will produce the proper records for the Traffic Bureau and will allow each violator to pay his
parking ticket in person quickly and easily and will furnish him with a machine validated receipt,
was read and upon motion by Hanlon, second by Wilkus, the request was granted. All voted in
favor thereof.
Record of Official Proceedings . of -the-Common-Council
of the City of Rochester; Minn.,` December 7, 1959
1
CY:
•
1
1
u
r
1
The claims of injury of Charles Retz in the amount of $2,500.00 and Anna Retz in the .
amount of $10,000.00 were each read'and upon motion by Wilkus, second by McGuckin, the same were
referred to the City Attorney. All voted in favor thereof.
A letter.from Northgate Shopping Center, Inc, submitting a proposed plat of Ahrens-
Dalsbo Addition was read and upon motion by Wilkus, second by McGuckin, the same was referred to
the Planning.Director. All voted in favor thereof.
The City Engineer's preliminary estimate for construction of Section 4 of the Northeast
Relief Sanitary Sewer in llth Avenue Northeast from 7th Street Northeast to Silver Creek Bridge
in the amount of $2,562.50 was read and President Kamm ordered the same placed on file.
A letter from the State of Minnesota, Department of Highways, submitting four copies
of the 1960 Annual Maintenance Agreement.was read and President Kamm ordered the same placed on
file. The City Engineer approved the said agreement and the City Clerk was -instructed to prepare
a resolution approving same.
A letter from the Kahler Corporation requesting a loading zone of approximately fifty
(50) feet at the entrance to their store entrance on the.east side of Eleventh Avenue Northwest,
,where a new branch store outlet for laundry and dry cleaning business and a coin operated, self-
service laundry operation, was read. Upon motion by Wilkus, secondby McGuckin, and all voting in
favor,thereof, the same was referred to the City Security Committee.
Committee
The recommendation of the City Security/that three members of the Rochester Police
Department be authorized to attend the "Institute for Law.Enforcement Officers Dealing with
Juvenile Offenders" at the University of Minnesota on January 18, 19, 20, 1960 at city expense
was read. A motion was made by Wilkus, second by Morris, that the recommendation be approved.All
voted in fauur thereof.
The recommendation of the City Security.Committee that one members of the Rochester
Police Department be authorized to attend a meeting in St. Paul, Minnesota on December 21, 1959
relative to adopting.rules or regulations establishing uniform colors and markings for motor
vehicles which are primarily used in the enforcement of highway traffic regulations at city
expense was read. Upon motion by Wilkus, second by Haas, the recommendation was approved. All
voted in favor thereof.
The recommendation of the Public Works Committee and City -Engineer that all bids be
rejected for the construction of "rough grading, finished grading, base and surfacing, sanitary
sewer, storm sewer, water main and service connection in Northgate 3rd Addition and on 19th Street
Northwest from T. H. 52 to 21st Avenue Northwest and .in Sunset Terrace 2nd Addition" and checks
be returned to the.unsuccessful bidders and that the project'be abandoned; the proprietors have
not provided their share of the funds required for this project; and that the project be revived
when a new petition is submitted by the proprietors and their share of the costs assured, was
read. Upon motion by Wilkus, second by-McGuckin, the recommendation -was approved. All voted in
favor thereof.
The recommendation of the -Public Works Committee and City Engineer that the bid of
•
6 2" Record of Official Proceedings of the Common Council
of the City of Rochester, Minn.; December-7, -1959 •
OSWALD PUBLISHING MINN. 9!81
H. C. Ormes Construction Equipment Company for.furnishing one pneumatic Tire Tractor Shove
(Trojan Model 104) for use in the Street and Alley Department be accepted in the amount of
$13,000.00 and checks be returned to the unsuccessful bidders was read and upon motion by.Haas,
second by Wilkus, the recommendation was approved. Ail voted in favor thereof. Also a letter
from Borchert Ingersoll, Inc. stating that.the price of their machine had been changed due to
a different transmission was read and President Kamm ordered the same placed on file.
The recommendation of the Public Works Committee that the bid of Carlisle G. Fraser
Inc. for the construction of Section 4 of the Northeast Relief Sanitary Sewer in llth Avenue N.E.
from 7th Street N. E. to Silver Creek Bridge, be accepted at the unit prices bid and checks be
•
returned to the unsuccessful bidders was read. Upon motion by Hanlon, second by Wilkus, the
recommendation was approved. All voted in favor thereof.
The recommendation of the Public Works Committee that the offer of Lloyd Ashpole to
sell the property at 106 First Street S. E. known as the Nuville Hotel be declined on the basis
that the City -is not concerned at this time with acquiring property for off street parking, and
that Mr. Ashpole be so advised, was read. Upon motion by Wilkus, second by Morris, the
recommendation was approved and the City Clerk was instructed to advise Mr. Ashpole of the action.
All voted in favor thereof.
The recommendation.of the Public Works Committee that�on the request of Dr. T. M.
Justus for an easement or permission to cross City property to have access to the back part of a
b-i_'_ 1
building.located at 300 3rd Avenue S. E., that further information be presented by Dr. Justus.
regarding the use and construction he proposed at this location, and that this matter then be
taken up with the Planning Commission and the Parking Committee concerning possible interests in
this property for public access, was read. Upon motion by Wilkus, second by Haas, the recommend-
ation was accepted. All voted in favor thereof.
A letter from C. A. Armstrong, City Engineer, stating that attached were plans of the
Minnesota Highway Department gof the improvement of T. H. 63 from 12th St. S. E. to 8 miles south
of Rochester, approval is requested for that part of the construction which lies north of the
center of 12th St. S.E.; this work consists of widening the center traffic lanes:and increasing.
•
the radius the right hand turn curves; this will affect the trees and fence of the Golf Course
which are in the right of way; he recommends that the plans be approved as they pertain to the
area within the City limits, was read. Upon motion by Hanlon, second by Haas, the letter and
plans were referred to the Public Works Committee. All voted in favor thereof.
The recommendation of the City Security Committee that the City Clerk.be authorized to
advertise for bids to be opened at 2:00 o'clock P. M. on January 4th, 1960 for the furnishing of
one fire truck to be used in the Rochester Fire Department was read. Upon motion by Haas, second
by McGuckin, the recommendation was approved and the City Clerk was instructed to prepare a
resolution ordeVing the bids. All voted in favor thereof.
The recommendation of the City Security Committee that the "on sale" and,"off" sale
\non -intoxicating malt beverage liquor license now held by Mrs. A. S. Bourassa at 513 - 2nd Street,
•
Record of Official Proceedings of -the Common Council
of the City of Rochester, Minn:, December 7, 1959
1
•
1
1
u
1
N. W. be transferred to Donald F. Cunningham was -read and upon motion by Wilkus, second by
Morris, the recommendation was approved and the transfer granted. All voted in favor thereof.
.A petition signed by Clifford J. Harrington and Mary E. Harrington to have the following
described property changed from a residential to a multiple dwelling zone was read and upon mot
by Haas, second by"Wilkus, and all voting in favor -thereof, the said petition was referred to the
Planning and Zoning Commission:
"All that part of the east fifty (50) feet of the west and hundred fifty (150)
feet of Outlot No. eight (8) of Cummings" Addition to the town, now city of
Rochester, lying north of a line running parallel with and one hundred thirty-
two (132) feet north of the north line of First Street Southwest•(formerly
Fourth Street) together with a strip of land twenty-three (23) feet in width
north and south and fifty (50) feet in length east and west, next north thereof
and contiguous thereto."
The following letter from Tom 0. Moore, City Planning Director, was read and upon
motion by McGuckin, second by Haas, the request was granted and the transfer approved, all voted
in favor thereof:
"Honorable Mayor and -
Common Council
City of Rochester, Minnesota
Re: Personnel Transfer
Gentlemen:
Mr. Bakke, Mr. Armstrong, and myself have considered the possibility of
transferring Mr. Francis Clark to the City Engineer's 'Department. We feel
that an improved opportunity exists in the engineering department for.Mr.
Clark to advance according to his abilities, and his experience would be
more useful in that department. On this basis, I recommend that Mr. Clark
be transferred from the City Planning Department to the City Engineer's
Department effective January 1, 1960.
Assuming your approval of the above transfer, I also request your author-
ization to sekk a replacement to fill this vacancy. A person who is
qualified by education and experience as aplanner would be sought to assist _
in the development and subsequent implementation of the Comprehensive Plan.
Thank.you for your consideration of these matters.
Respectfully submitted;
/s Tom 0. Moore
City Planning Director
"Approved by City Engineer and arrangements have been made to place him
in this Department.
/s C. A. Armstrong"
A letter from Guy Whitehaad of 1652 - 72 Avenue Northeast opposing the adoption of an
ordinance prohibiting dogs from running at large was read and upon motion by Hanlon, second by
Wilkus, the same was referred to the City Security Committee. All voted in favor thereof.
The feports from the State of Minnesota, Department of Public Examiner, on examination
of the financial affairs of the Rochester Police Relief Association and the Fire Department
Relief Association covering the year ended March 31, 1959 were each presented and President Kamm
ordered the same placed on,file.
The application of Maass Plumbing & Heating Company for a license to connect with sewers
and drains was read and upon motion by Morris, second by Haas, the license was granted. All
voted in favor thereof.
The applications of Donald Cunningham, Milton Kaplan and The Model Laundry for a license
to sell soft drinks and the applications of Donald Cunningham and Milton Kaplan for a license to
sell cigarettes were each read and upon motion by Hanlon, second by McGuckin', the licenses were
granted. All voted in favor thereof.
•
364 Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., December 7 , . 1959 .
MSWALO PUBLISNING CC., NEW ULM. MINN. 9181
The application for a transfer of 3.2 "on" and "off" sale 3.2 non -intoxicating malt
liquor license from Clifford Burt to William Crawford was read. Upon motion by Wilkus, second by
Morris, the same was referred.to.the City Security Committee. All voted in favor thereof.
The application of Lesmesiter Brothers for a permit to move the A.R. Cooke & Son
buildings located at 522 - 6th Avenue N. W. over the following route was read: from the present
location north on 6th Avenue to 7th Street Northwest and west on to llth Avenue Northwest and 5th
Street Northwest on to the new four lane road, the building to be located southwest of the
Rochester Block Plant. A motion was made by Wilkus, second by McGuckin, that the permit be granted
the said building to be moved under the supervision of the Chief of Police and the Building
•
Inspector. All voted in favor thereof.
A motion was then made by Hanlon, second by Wilkus, that the Council reconsider the
action taken on November 16, 1959 which instructed the Internal Affairs Committee to hire an
architect for construction of a Traffic Bureau within the City Hall. Upon roll call all voted in
favor thereof.
A motion was then made by Hanlon, second by Wilkus, that the motion instructing the
Internal Affairs Committee to hire an architect for construction of a traffic bureau,in the City
Hall be rescinded. All voted in favor thereof.
A motion.was then made by Hanlon, second by Wilkus, that the Internal Affairs Committee
be instructed to construct a traffic bureau in a location near the current Juvenile Office and that
J
the construction be accomplished without the use of an architect. All voted in favor thereof.
Mayor Smekta stated that some discussion had been had on the possibility of moving the
city prisoners to the county jail which would make the room now used for the jail available for
some other use. A motion was then made by Morris that the City Security.Committee be instructed
to make a study of what usage might be made of the room if the prisoners were moved to the County
and also decide if the prisoners should be transferred to the.County jail. McGuckin seconded the
motion and all voted in'favor thereof..
The contract bonds of The Sanitary Company in the amount of $15,437.00 with the
Westerp Surety Company as surety and Littrup Nielson, Inc. in the amount of $4,308.50 with the
•
Ohio Farmers Insurance Company as surety were each read. and the same were referred to the Mayor
for his approval.
The license bond of Maass Plumbing & Heating Company in the amount of $1,000.00 with
the Western Surety Company as surety was read and upon motion'by,Haas, second by Morris, the bond
was approved, the surety thereon accepted and the same was ordered placed on file.
The reports of the Clerk of Municipal Court for the week ended November 20, 1959 showing
total criminal fines and costs collected and civil fees received $1,410.70 and for the week ended
November 27, 1959 showing total criminal fines and costs collected and civil fees received
$2,138.14 were each read and having been approved by the City Attorney, President Kamm ordered.the
same placed on file.
The report of the City Weighmaster for the month of November, 1959 showing fees
•
Record of Official. Proceedings of the Common Council
of the City of Rochester 'Minn., December.7, 1959
5
1
•
1
11
•
1
collected for loadsweighed in the amount of $67.30 was read and President Kamm ordered that the
same be'placed on file.
The'reports for the month of November, 1959 of the Building Inspector showing fees '
collected for building permits issued $737.00; of the Electrical Inspector showing fees collec
for electrical permits issued $315.00; of the Plumbing Inspector showing fees collected for
plumbing permits issued $204.00; of the Heating Inspector showing fees collected for, heating
permits issued $14.25 and fees collected for sign permits issued $40.70 were each read and
President Kamm ordered the same placed on file.
Upon motion by Wilkub, second by Haas, a 15 minute recess was declared. President Kamm
called.the'meeting to order again at 3:30 P. M.
The.following claims were each 'read and 'upon motion by Wilkus, second by Morris, 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: Arnolds Supply,'$74.22; H. Dornack & Sons, $136.80; Foster
Electric Co., $9.50, Rundell Lumber, $11'.13; Perry Beach, $21.50; Willetta Hoagaln, $64.66;
•C. A. Armstrong', $5.00; Marie Bolton, $156.00;'Mrs. Richard Ferber, $168.00; Curtis Taylor,
$63'.45; Rochester Post Bulletin, $102.71-; Johnson Company, $97.54; Sheriff Ramsey County, $1.45;'
Sheriff of LaCrosse County, $2.50; Sheriff Hennepin County $1.48; Gerald Cunningham, $62.10-;
Adams, $'.40; Cooperative Oil Co., $49.00; Marchant Calculator, $35.00; Fire & Safety, Inc.,
$26.00; National Institute of Law Officers, $62.50; Charles Campbell, $75.80; Clerk of'Municipal',
Court, $49.68; Trautner Sales Company, $133.37; Wall Street Journal', $6.00; Wagner & Myers,
$1%69; S & L Plumbing, $10.50; Carl Hooper, $50.00; National Recreation Association, $57.95;
International City Managers Assn., $7.50; Beckley Business Equipment Company, $25.80; Larry
Lentz, $86.00; Cranston Typewriter Co:, $7.00;'Mayo Clihic, $5.00; Garnet Spring, $54.70;
Elfreda Reiter, $17.50; C. X. Cottingham, $86.80; St. Mary's Hospital, $9.50;'American Municipal
Assti., $100.00; C. A. Armstrong', $30.00; K. L. Gifford, $4.00; Royal McBee Corp., $139.00;
Reshegtof0$ethosidi'st Hospital, $1.90; Richard E. White, $25.00; Dieter Paper & Marine Supply,
$47.35; Robert R. Blakeley, $73.50; Sanborn Map Co., $54.00;'Harry'H. Evans, $155.00; Rochester
Transfer & Storage, $16.50; Gibbous Printing Co., $7.30; Wm. L. Burrows, $45.38; Charles H.
Dornack, $45.75; Paul Plantz, $45.00; Reeves Drug Store, $1.69; Montes, $110.54; Cities Service
Oil Co., $98.40; The Kruse Co:, $19.33;'S. M. Supply Co., $.48; R. C. Drips Grocer, $87.25;
Leitzen Concrete Products Co., $9.70; Witte'Transportation Co.,'$2.75; The Sherwin Williams
Co.,'$5.90; Ace Sign Co., $22:75; and LeRoy Hennum, $9.35;
From the Street & Alley Fund: H. Dornack & Son, $8.75; Derbys Auto Electiric, $8.00;
Rochester Ready Mix, $159.50; Dodge Lumber Co., $28.98; Gopher Stamp & Die Company, $46.95;
Clements Chevrolet Co., $45.69; Cities Service Oil'Co., $18.88; The Kruse Company, $51.50;
Anderson Radiator Service, $29.15; National Welding Supply Co., $30.63; Bemel Auto Parts, $1.50;
Public Works Equipment Co., $183.88; Socony*Mobil'Oil Co., $123.22; Parkhil Broehers,.$41.07;
Allen Truck & Implement, $12.77; Harold Auto Electric, $8.44; General Trading Company, $78227;
0
R. C. Drips Grocer, $15.00; Scharf Auto Supply, $75.50; Ace Sign Co., $5.75 and Universal Motors!
� 6
'Council
Record of Official Proceedings of the Common
of the City of Rochester, Minn., December 7, 1959.... •
Inc. $7.65.
From the Fire Protection Fund: Reeves Drug Store, $.99; Devoe & Raynolds Co., $9.10;
S. M. Supply Co., $3.71; Scharf Auto Supply, $51.76; Culligan Water Conditioning, $4.50; C. F.
Massey Company, $33.98; Woodhouse Bros., $18.45; Adair Electric,.$6.85; Dison Cleaners; $70._79;
Pruetts Launders & Cleaners, $30.58; Fire & Safety, $47.55; Harolds Auto Electric, $1.65; United
Chemical Co., $32.00; General Trading Company, $90.76; Rochester.Sand & Gravel, $12.00;.Clarence
Steninhagen, $16.00; Kenneth Stoltenberg, $94.25;.The Model Laundry, $41.41; and Peoples Natural
Gas Company, $10.60.
From the Police Protection Fund: Reeves Drug Store, $8.07; Motes, $54.73; The Dayton
Company, $25.00; Cronin Peterson, $14.95; Andersons Mens Wear, $109.05; Dean Lent, $7.50; Lairs
FootSoport Shoes, $61.75; 0 & B Shoe Store, $70.84; M. C. Lawlers, $106.28; Roy Kingrey, $31.50;
Kersten Furs, $7.50; Guy Barnes, $9.50; 0 & 0 Sporting Goods, $116.00; Reuben A. Rieck, $55.00;
Minit Car Wash, $16.25; Western Auto Associates Stores, $39.02; Dr.. T. 0. Wellner, $170.00; Harolds
Auto Electric, $69.18; Bills Conoco Service, $20.30; West Sick Texaco Station, $2.25; Koffee Kup
Kafe, $56.40; Osco Drug Company, $19.91; Dean Lent, 024.75; Carl Briese, $24.82; James Macken, Jr.,
I$3.75; Northwest Radion & Electronic Service, $55.44; Rochester Dry Cleaners, $2.50; Lawlers
Cleaners, $16.25; Clements Chevrolet Co., $10.35; Leo N. Herrick, $15.00; Universal Motors, Inc.
$56.50 and LeRoy Hennum, $21.65.
From the Sewer Fund: Arnolds Supply Company, $31.59; Reeves Drug Store, $5.00; Dodge
Lumber Co., $3.00; S. M. Supply, $3.06; Fairbanks, Morse & Co., $156.68; General Trading Company,
$50.32; Walker Hardware, $16'.08; R. C. Drips Grocer Co., $19.51; Leitzen Concrete Products,
$21.00; Eco.,.Inc., $85.22; Gateway Transportation Company, $3.37; K & K Electric Supply, $21.62
John Wiley Jones Company, $35.00; The Sanitary Company, $2.75; Witte Transportation Co., $2.75;
Minneapolis Honeywell Regulator Co., $61.62; E. T. Watkins Electric Motor Service, $18.93; Municipal
Equipment Co., $34.03; Woodruff Company, $7.26 and Leo N. Herrick, $.40.
From the Auditorium Fund: The Johnson Co., $7.90; N. W. Bell Telephone Co., $80.80;
Quality Printers & Stationers, $4.10; Rochester Maintenance Supply, $8.40; R. C. Drips Grocer,
$8.50; Peoples Natural Gas Co., $30.76; Cal Smith, Mgr. MCA, $20.69; Thiem Signs, $6.50; American
Linen Supply, $16.00; The Kruse Company,,$30,50; Cal Smith, $10.05;.Burroughs Corp., $1.30 and
Pruetts Launderers and Cleaners, $2.58.
From the Lighting Fund, City of Rochester, P. U., $28.70.
From the Parking Meter Fund: Montes, $2.75; Dodge Lumber Co., $3.00; Walker Hardware
Co., $.75; Scharf Auto Supply, $6.51; General Trading Company, $91.14; Cronin Peterson, $17.85;
Adair Electric Co., $26.10; Clements Chevrolet Co., $11.35;.Parking Meter Repair Service Center,
Inc. $51.00; Sherwin Williams Co., $8.80; Ace Sign Company, $11.25;.Disons Cleaners, $1.50;
Cohan Brothers, $90.55; Universal Motors, Inc., $111.40 and LeRoy Hennum, $1.10.
From the Park Improvement Fund: Pitts Film Service, $3.40; Rochester Meat Co.,`$40.76;
Velie Ryan, Inc., $35.70; Seven Up Bottling Co., $89.60; Rochester Bread Company, $10.58; Red
Wagon Products, $35.60; Pure Ice Co., $3.50; Pepsi Cola Bottling, $32.00; Old Dutch Foods, $54.00;
1
•
1
1
•
1
Dieter Paper &.Marine Supply, $47.20; Carpenter Paper Company, $77.90; Coca Cola Bottling,$102.50;
•
Record of Official Proceedings of .the Common Council 367
of the City of Rochester,. Minn., December 7, 1959_ .
1
•
1
1
•
1
Rochester Bread Company, $2.20; Minnesota State'Board of Health, $3.00; Pruetts Launders &
Cleaners, $15.80; Thiem Signs, $4.50; Ferodowill Mfg. Co., $21.37; Haldeman Homme, Inc., $2.78;
Gordon Tupper, $36.85; Change Fund, $1Q0.00; Francis.V. McGovern Insurance, $25.70; Rochester
Sand & Gravel, $66.15; Botsford Lumber Co.,- $84.08; Williams Printing Co., $46.00; Post Bulletin,
$17.25; Rochester Visitor, $24.00; Peoples Natural Gas Co.,.$33.90; Tri State Tire, $49.80;
Parkhill Brothers, $12.70; Holms Hemlhill Bo., $14.98; Gene Phillips, Inc., $9.90; Farm & Home
Supply, $32.95; William Van Hook, $1.00; S. M. Supply, $38.45;.Olson Equipment Co., $15.95;
National Bushing & Parts, $92.50; 11anges Auto Glass, $20.00; Andersons Radiator, $10.50; Allen
Truck & Implement Co., $4.67; Ace Hardware Co., $62.58; American Linen Supply, '$10.06; General
Supply, $24.06; Gopher Welding Co., $22.00; American Paint Co., $58.75; Foster Electric Co.,
$8.10; Mengedoth Sheet Metal, $10.00; Peoples Natural Gas, $14.01; MaeMillaa Mitch Millen,
$37.50; The Johnson Co., $9.30; Panama Carbon Co., $9.50; Whiting Press, Ino.,,$16.79; City of
Rochester, P.U., $41.39.
From the P.I.R. Fund: Sinking Fund of the City of' Rochester,. $155.78.
From the F.E. Williams Estate Fund: The Kruse Company, $5.70; H,& H Electric. Company,
$238.'25; Sam McConnel Insurance, $68.64; Neil Hofstad Insurance, $66.61; Herbert G. Knopp
Agency, $66.61; Walter C. Heins Agency, $66.61; Ace Hardware Co., $15.80.
The following resolutions were.each introduced and read andupon motion made, seconded
and all voting in favor thereof,'Presi"dent Kamm declaredthe saidresolutions duly passed and
r
adopted:
Resolution accepting bid of Carlisle G. Fraser, Inc. for construction of Section 4 of
the Northeast relief sanitary sewer in llth Avenue Northeast from 7th Street Northeast tq Silver
Creek. Upon motion by Wilkus, second by McGuckin, resolution adopted.
Resolution accepting bid of H. C. Ormes Construction Equipment Company for furnishing
one pneumatic tire tractor shovel (Trojan Model 104) "for use in the Street & Alley Department.
Upon motion by Wilkus, second by Morris, resolution adopted.
Resolution appropriating $1,820.06 from the Mayo Civic Auditorium Fund and ordering
payment made to City of Rochester,.General Fund. Upon motion by Wilkus, second by Haas,
resolution.adopted.
Resolution appropriating $106.65 from the Lighting Fund, $1,314.34 from the Auditorium
Fund arid.$82.68 from the Park "Improvement"Fund and ordering payment made, to City of Rochester,
Public Utilities. Upon motion by-Wilkus, second by Hanlon, re'solut'ion adopted.
Resolution appropriating $644.00 from the Permanent Improvement,Fund and ordering
payment made to the Park Department. Upon motion by Wilkus, second by Morris, resolution
adopted.
Resolution appropriating $487.20 from the Permanent -Improvement Fund, $300.00 from the
Police Protection Fund and $515.19 from the Fire Protection Fund and ordering payment made to
P.I.R. Fund $487.20; P. E. Romano $300.00 and Hayes Lucas Lumber- Company $515.19. Upon motion
by Wilkus, second by Haas, resolution adopted.
0
(
6 8 Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., December 7 , . 1959 ' i
j
Resolution appropriating $5,937.14 from the Permanent Improvement Fund and ordering
payment made to Woodhouse Brothers. Upon motion by Wilkus, second by McGuckin, resolution adopted.
Resolution appropriating $4,951.72 from the-P.I.R. Fund and ordering payment made to
Permanent Improvement Fund $4,586.24 and Street and Alley Fund $365.48. Upon -motion by Wilkus,
second by Morris, resolution adopted.
Resolution appropriating $7,063.65 from -the Permanent Improvement Fund and ordering
payment made to Palda & Sons, Inc.' Upon motion by -Hanlon, second by Wilkus, and upon roll call
and all voting in favor thereof, resolution adopted.
Resolution appropriating $7,805.70 from the Permanent Improvement Fund and ordering
•
payment made to Palda & Sons, Inc.. Upon motion by McGuckin, second by Morris, resolution adopted.
Resolution appropriating $2,092.74 from the Permanent Improvement Fund and ordering
payment made to E. G. Bather & Associates.. Upon motion by Wilkus, second.by Haas, resolution
adopted.
Resolution appropriating $695.00 from the Sewer Fund and. ordering.payment made to
Carlisle G. Fraser, Inc. Upon motion by Wilkus, second by Morris, resolution•adopted.
Resolution appropriating $1,200.00 from the General Fund and ordering payment made to
Ladislas Segoe & Associates.. Upon motion by Wilkus,.second by McGuckin, resolution adopted.
Resolution appropriating $3,076.59 from the P.I.R. Fund and ordering payment made to
Agneberg, Sankstone, Forsberg. Upon motion by Wilkus, second by Morris, resolution adopted.
Resolution appropriating $1,791.07 from the Permanent Improvement Fund and ordering
payment made to E. C. Bather & Associates. Upon motion by Wilkus, second by McGuckin, resolutions
adopted.
Resolution appropriating $275.24 from the Permanent Improvement Fund and ordering
payment made to Toltz, King, Duvall, Anderson & Associates. Upon motion by Wilkus, second by
Hanlon, resolution adopted.
Resolution appropriating.$4,278.42 from the P.I.R. Fund and ordering payment made to
Carlisle G. Fraser, Inc. Upon motion by Wilkus, second by McGuckin, resolution adopted.
Resolution appropriating $7,116.10 from the P.I.R. Fund and ordering payment made to
` •
Carlisle G. Fraser, Inc. Upon motion by Wilkus, second by Morris, resolution.adopted.
Resolution appropriating $11,442.28 from the P.I.R. Fund and ordering payment made to
Carlisle G. Fraser, Inc. Upon motion by Wilkus, second -by McGuckin, resolution adopted.
Resolution appropriating $3,929.94 from the P.I.R. Fund -and ordering payment made to`
Doyle Conner Company. Upon motion by Wilkus, second by McGuckin, resolution adopted.
Resolution appropriating $39,112.70 from the P.I:R. Fund and ordering payment made to
Carlisle G. Fraser, Inc. Upon motion by Wilkus, second by McGuckin, resolution adopted.•
Resolution appropriating $761.20 from the P.I.R. Fund and ordering payment made to
Carlisle G. Fraser, Inc. Upon motion by Morris, second by Wilkus, resolution adopted.
Resolution appropriating $2,287.35 from the P:I.R. Fund and ordering payment made to
E. C. Bather & Associates. Upon motion by McGuckin, second by Morris, resolution adopted.
•
Record of Official: -Proceedings of..the Common_Council
of the City ,of Rochester, Minn., -December 7, 1.959
U ,
r-d
1
1
s
1
Resolution appropriating $7,567.63 from the Permanent,Improvement Fund and ordering
payment made to.Carlisle G. Fraser,•Inc. Upon motion by Morris,, second by McGuckin, resolution
adopted.
Resolution. appropriating $5,230.20 from -the Permanent Improvement Fund -and ordering
payment made to Carlisle G. Fraser., Ipc. Upon motion by McGuckin, second by Morris, resolution
adopted.
Resolution appropriating $3,510.00 from the permanent Improvement Fund and ordering
payment made to Acton Construction Company. Upon motion by Morris, second by McGuckin-, resolution
adopted.
Resolution appropriating $20,558.69 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 $20,558.69 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 $305.39,from the Permanent.Improvement Fund and ordering
payment made to E. C: Bathers & ;associates. Upon motion by Morris, second•_by.McGuckin, resolution
adopted.
Resolution appropriating.$3,662.22 from the,P.I.R. Fund and ordering payment made to
Littrup Nielson, Inc. Upon motion by Morris, second by McGuckin, resolution adopted.
Resolution appropriating $2,858.02 from the P.I.R. Fund and ordering payment made to
Leon Joyce. Upon motion by Wilkus, second by Morris, resolution adopted.
Resolution.appropriating $19,692.34 from the Sewer Fund and ordering payment made to
Carlisle G. Fraser, Inc. Upon motion by Morris, second by Wilkus, resolution adopted.
Resolution appropriating $334.83 from the General Fund and $154,732.50 from the Sinking
Fund and ordering payment made to First National Bank of Chicago $43,830.85 and American National
Bank of St. Paul $111,236.48. Upon motion by Hanlon, second by Haas, resolution adopted.
Resolution appropriating $657.83 from the General Fund, $16.40.from the S & A Fund,
$171.05 from the Fire Fund, $1,818.30 from the Sewer Fund, $7,379.91 from the Lighting Fund and
$254.55 from the Police Fund and ordering payment made to N. W. Bell Telephone Company $681.16
and City of Rochester, P.U. $9,606.88. Upon motion by Morris, second by Wilkus, resolution
adopted.
Resolution appropriating $208:35 from the Park Improvement Fund and $1,298.47 from the
F.E.Williams Estate Fund and ordering payment made to Fullerton Lumber Company $226.82 and
Rochester -Woodworking Specialty Co. $1,290.00. Upon motion by Wilkus, second by Hanlon,
resolution adopted.
Resolution appropriating $69.17 from the General Fund, $251.13 from the S & A Fund,
$108.75-from the Fire Fund, $32.54 froui the Sewer Fund, $.35 from the Police Fund and $408.10
from the Parking Meter Fund and ordering payment made to H & H Electric Company, $404.12;
Record of Official Proceedings of the Common'Council
of the City -of Rochester, Minn., December 7, 1959
Peoples Natural Gas Company $252.54 and Ace Hardware Company $213.38.' Upon motion by Morris,
second by Wilkus, resolution adopted.
Resolution appropriating $300.81 from the General Fund, $2,448.44 from the S &•A Fund,
$136.52 from the Fire Fund and $82.61 from .the Police Fund and ordering payment made to Herbert
G. Knopp Agency $495.31 and Rochester Sand & Gravel $2,473.07. Upon motion by Wilkus, second
by McGuckin, resolution adopted.
Resolution appropriating $3,919.93 from the Park Improvement Fund and ordering
payment made to City of Rochester General Fund, $1,812.77; Universal Bleachers Company $245.66;
A. R. Cooke & Sons $1,119.37; H & H Electric Company $505.36 and Reynolds Wholesale Company
$236.77. Upon motion by Haas, second by Hanlon, resolution adopted..
Resolution appropriating $7,094.88 from the General.Fund and ordering payment made to
Continental Oil Company $3,081.03; Northwest Refining Company•$843.03; Friden, Inc. $258,30;
Viktor 0. Wilson, M.D. $692.50; Riverside Sand & Gravel $397.50; 0 & 0 Sporting Goods $1,382.52;
Allen, Delaney & White, $440.00. Upon motion by Hanlon,.second by McGuckin, resolution adopted.
Resolution appropriating $1,203.01 from the General Fund -and ordering payment made to
Whiting Printers $342.26 and Quality Printers $860.75. Upon motion by McGuckin, second by
Morris,.resolution adopted:
Resolution appropriating $2,452.44 from the Street & Alley Fund and ordering payment
made to Briese Steel Company $474.44; A..R. Cooke & Son, $537.87; The Litchfield Steel Company,
$438.50 and.International Salt Company $1,001.63.
resolution adopted.
Upon motion by Wilkus, second by McGuckin,
Resolution authorizing and directing the Mayor and City Clerk to execute on.behalf of
the City an,agreement between the City'and Northwest Terminal Warehouse Inc. relative to special
assessments for sanitary sewer. Upon motion by Haas, second by Morris, resolution 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, size, use and height of buildings, and arrangement of buildings on lots, and the
density of population within the City of Rochester, Minnesota, all in accordance with a compre-
hensive plan( changing Northgate Shopping Center to commercial zone), was given its third and
final reading.
An Ordinance annexing to the City of Rochester, Minnesota, a part of the North one-
half of the southwest one -quarter of Section 25, Township 107 North, Range 14 West, Olmsted County
Minnesota -(Northwood 2nd Addition) was given its third and final reading.
Upon motion by Haas, second by McGuckin, that the said ordinance be adopted as read .
and all voting in favor thereof, President Kamm declared the said ordinance duly passed and
adopted.
A resolution amending the comprehensive resolution establishing parking and parking
meter regulations and provisions pursuant to Ordinance No. 871, as follows, was read:
1
•
i
1
11
1
Record of Official. Proceedings; of the Common Council
of the City of Rochester, Minn.- December 7, 1959-
1
•
1
•
1
Ll
"(1) Section (2) NO PARKING ZONES is amended by adding thereto subsections ce, cf,
cg, ch and ci, and by amending subsection bl, bo, bq and br so that said additional
subsection and amended subsection shall read in their entirety as follows:
lice. On the North side of 2nd Street Northwest from a point ninety (90)
feet east of to a point ninety (90) feet west of the centerline of
Eleventh Avenue Northwest, at all times."
"cf. On both sides of 4th Street Northwest from 16th Avenue to Trunk
Highway No. 52, at all times."
"cg. On both.sides of 5th Street Northwest from llth Avenue to Trunk
Highways Nos. 14 and 52, at all times."
"ch. On the north side of 6th Street Northwest from 9th Avenue to llth
Avenue, at all times."
"ci. On both sides of 16th Avenue Northwest from 2nd Street to 5th Street,
at all times."
"bl. On the South side of 1st Street Northwest from 4th Avenue to llth
Avenue, at all times."
"bo. On both sides of 92 Street Southeast from 1st Avenue to 3rd Avenue,
between the hours of 7:30 a. m. and 5:00 p. m."
"bq. On both sides of 7th Street Northwest from llth Avenue to the west
city limits, at all times."
"br. On both .sides of llth Avenue Northwest from the Chicago and
Northwestern Railroad tracks to 7th Street, at all times."
(2) Section (3). SPECIAL PARKING ZONES is amended by adding thereto subsections
n through v to read as follows:
"n. On North Broadway on the West side of the street, forty (40) feet more
or less immediately north of 12th Street, for postal letters deop
patrons only."
"o. On 2nd Street Southwest on the south side of the street, forty (40) feet
more or less, centered on a point approximately 200 feet west of llth
Avenue, for postal letter drop patrons only."
lip. On 3rd Avenue Southeast on the east side of the street, forty (40) feet
more or less immediately south of 4th Street, for postal letter drop
patrons only."
"q. On 4th Street Southeast on the north side of the street, forty (40) feet
more or less immediately east of llth Avenue, for postal letter drop
patrons only."
"r. On 7th Street Northeast on the north side of the street, forty (40) feet
more or less immediately -west of llth Avenue, for postal letter drop
patrons only."
"s. On 9th Street Southwest on the south side of the street, forty (40) feet
more or less immediately east of 6th Avenue, for postal letter drop
patrons only."
lit. On 9th Avenue Northeast on the west side of the street, forty (40) feet
more or less immediately north of 14th Street, for postal letter drop
patrons only."
t°u. On llth Avenue Northwest on the west side of the street, forty (40) feet
more or less, centered on a point approximately 250 feet south of loth
Street, for postal letter drop patrons only."
"v. On 12th Street Southeast on the north side of the street, forty (40) feet
more or less immediately east of 8th Avenue, for postal letter drop
patrons only."
(3.) The introductory paragraph of Section (8) LIMITED PARKING ZONES, is amended so as to
read in its entirety as follows:
"Section (8) LIMITED PARKING ZONES. The Limited Parking Zones established in
Section 15 (b) of Ordinance No. 871 are defined as set forth below and parking in
such zones is limited between the hours of 8:00 A.M. and 6:00 P.M. every day except
Mondays when'parking is limited between,the hours of 8:00 B.M. and.9:00,F.M., and
except Sundays and the following legal holidays: New Year's Day, January 1;
Memorial Day, May 30; Independence Day, July 4; Labor Day, the first Monday in
September; Thanksgiving Day and Christmas Day, December 25."
A motion was made by Hanlon, second by Haas, that the said resolution be adopted as read, and all
voting in favor thereof, President Kamm declared the said resolution duly passed and adopted.
A resolution authorizing and directing the Mayor and City Clerk -to execute an
amendment to the contract with Ladislas Segoe and Associates was read. A motion was made by
Haas, second by McGuckin, that the said resolution be adopted as read and all voting -in favor
0
372 Record of Official Proceedings of the Common ' Council
of the City .of Rochester, Minn., December , 7 , .1-959 •
DBWALD PUBLISHING CD., NEW ULM, MINN. 9181
thereof, President Kamm declared the resolution duly passed and adopted.
Alderman Haas brought up the matter of city owned parking lots being used every
evening during the holidays while the stores were open and wondered if there was any reason why
the City could not charge for use of these lots. Upon motion by Hanlon, second by Haas, the
matter was referred to the Mayor's Parking and Traffic Committee, they to study the possibility
of charging for use of the municipal parking lots during the Christmas holidays and other
holidays. All voted in favor thereof.
Upon motion by Haas, second by Morris, the meeting was adjourned until 7:30 P. M.
President Kamm called the meeting to order at 7:30 P. M., the following members being
•
present: President Kamm, Aldermen Haas, Hanlon, McGuckin, Morris, Wilkus. Absent: Tingley.
President Kamm stated this as being the time and place set for a hearing on the
following projects:
Hearing to determine whether the annexation of lands abutting T. H. 52,in Section 27-
1
107-14 would be to the best interest of the City of Rochester and the land affected, the following
being the owners.of the land abutting: State of Minnesota, Arthur G. Hoffman, Ann H. Hoffman,
Olmsted Savings and Loan Association, Wesley J. Jameson, 19orence Jameson, Northwestern National
Life Insurance Company, D. J. Thomas, Cecil M. Thomas, County of Olmsted, Peoples Cooperative
Power Association, Northern Natural Gas Company, Ray J. Arend, Mary T. Arend, Alexander P. Smekta,
Nadia Smekta, Deere & Webber Co., Gateway Sales Corporation, Robert M. Conway, Margaret Conway,
James B. Faber, Mildred 0. Faber, William Grams, Ross T. Husband and Frances Husband. There was
no one present opposed to the annexation. Mr. & Mrs. Wesley Jameson were present, Mr. Jameson
said that they had long looked forward to affiliation with the City of Rochester and would consider
it a privilege to be annextd to the City. A motion was then made by Haas, second by Hanlon that
the hearing be officially closed and the City Attorney was instructed to prepare an ordinance
the said All voted in favor thereof.
annexing property.
Hearing on proposed assessment for paving of 7th Street Northeast from Broadway to 2nd
Avenue Northeast. There was no one present wishing to be heard. President Kamm declared the
hearing officially closed.
•
Hearing on proposed assessment for construction of a water main in 17th Avenue S. W.
(T.H. #52)Service Drive) to serve Lots 1 and 2 in Potvin's First Addition. There -was no one present
wishing to be heard. President Kamm declared the hearing officially closed.
Hearing on proposed assessment for extension of sanitary sewer and water main in llth
Street S. W. from the East line o-f Lot 2, Austin's Replat to the west 70.7 feet of Outlot 66,
Wms. Healey & Cornforths Addition. There was no one present wishing to be heard. President Kamm
declared the hearing officially closed. _
Hearing'on proposed assessment for construction of a sanitary sewer in 14th Street.
N. W. from east line of Block 1, Valleyhigh Addition to a point 110 feet East. There was no one
present wishing to be heard. President Kamm declared the hearing officially closed.
A plat to be known as Wilshire Estates Addition was presented and upon motion by Wilkus
the same was referred to the Planning & :Zoning Commission. All voted in favor thereof.
second by Haas,
L
Record of Official.Proceedings of the'Coirlmon Council
of the City of Rochester, Minn., December 7-; 1959
The following resolutions were each read and upon motion made and seconded and all
voting in favor thereof, President Kamm declared the said resolutions duly passed and adopted:
Resolution adopting assessment for construction of a sanitary sewer in 14th Street
Northwest from the East line of Block 1, Valleyhigh Addition to a point 110 feet east. Upon
motion by Morris, second by Haas, resolution adopted.
Resolution adopting assessment for the extension of a sanitary sewer and water main
in llth Street -Southwest from the East line of Lot 2, Austin's Replat to the west 70.7 feet of
Outlot 66, Williams, Healy and Cornforth Addition. Upon motion by McGuckin, second by Morris,
•
resolution adopted.
Resolution adopting assessment for construction of a water main in 17th Avenue S.W.
(T.H. 52 Service Drive) to serve Lots 1 and 2 in Potvin's First Addition. Upon motion by
Haas, second by Morris, resolution adopted.
Resolution adopting assessment for paving of 7th Street Northeast from Broadway to
2nd Avenue Northeast. Upon motion by McGuckin, second by Morris, resolution adopted.
Resolution authorizing the Mayor and City Clerk to enter into.an agreement with the
State of Minnesota, Department of Highways for 1960 Maintenance of Trunk Highways within the
City limits. Upon motion by' -Hanlon, second by McGuckin, resolution adopted.
Resolution ordering bids for furnishing of a fire truck for -use in the Rochester
Fire Department. Upon motion by Haas, second by Hanlon, resolution adopted.
The following letter from Viktor 0. Wilson, M.D., City Health Officer, was read:
"The Honorable Mayor and Members
of the Common Council
Rochester, Minnesota
Gentlemen:
I am forwarding herewith a letter from Dr. P. E. Zollman, Secretary, Southeastern
Minnesota Veterinary Medical Society, concerning the program of rabies vaccination
for dogs. The members of the society have made certain technical decisions and
agreements which benefit the vaccination program but which dictate revisions in
the dog ordinance #995 as follows:
1. The veterinarians have agreed to use the new modified live virus
vaccine with renewal of the vaccination at two year intervals.
Therefore the annual vaccination requirement in Section o5 of
the ordinance should be changed to a biennial requirement.
•
2. The veterinarians have reviewed the age of first vaccination and
find it technically
necessary to continue the minimum age of required
vaccination at four (4) months. Therefore the conflict between
Sections 2 and 15 of the ordinance, which require vaccination at 4
months of age as a precedent to licensure but requires licensure at
sixty (60) days, will have to be resolved in some other fashion.
The veterinarians did not find it possible because of the occurrence
of reactions in younger dogs to lower the age of required vaccination.
3. The veterinarians recommend that cats be included in the vaccination
program. If this is not considered an appropriate part of the dog
ordinance #995 it is suggested that this recommendation be considered
for a separate cat ordinance.
Finally, it is to be noted that the veterinarians have agreed to hold their
mass vaccination clinics just prior to the annual dog licensing date which
will be good timing and therefore helpful to the program. This does not
involve a change in the ordinance.
Yours very truly,
/s Viktor 0. Wilson, M.C.
City Health Officer"
A motion was then made by Haas that the City Attorney be instructed to prepare an ordinance
amending Ordinance #995 by changing Section 15 to a biennial requirement (vaccination) and
also the minimum age for licensing at 5 months. Hanlon seconded the motion and -all voted in
a
Record .of Official Proceedings of. the Coimmon Council
of the City of Rochester, Minn., ' December 7, . 1959
favor thereof.
A motion was then made by Hanlon that the City Security Committee look into the
possibility of vaccinating and licensing cats. Wilkus seconded the motion and upon roll call,
Hanlon,,McGuckin, Wilkus and Kamm voting "aye" and Haas and Morris voting "no't, President Kamm
declared the motion carried.
The following resolution introduced by Morris was read. A motion was made by Wilkus,
second by McGuckin, that the said resolution be adopted as read, and upon roll call and all
voting in favor thereof, except Hanlon who voted "no", President Kamm declared the resolution
duly passed and adopted:
"Be it resolved by the Common Council of the City of Rochester that the Mayor
and City Clerk are hereby authorized and directed to execute on behalf of the
City of Rochester that certain "Release of All Claims", a copy of which is
attached hereto,, marked Exhibit A, and made a part of this resolution.
Be it further resolved that this release running to Jule E. Benke, indivivally
and d/b/a Tastee Freeze is for injuries and damages sustained by George Bennett.
when struck by a car driven by the said Jule E. Benke on August 12, 1958 while
the said George Bennett was in the scope and course of his employment by the
City, and also for the subrogation rights and independent claims of the City of
Rochester against the -said Jule E. Benke for compensation and medical and
hospital expenses incurred by the City under the Minnesota Workmen Compensation
Laws.
Be it further resolved that this appears to be a case of questionalbe
liability, and this resolution is adopted with the understanding that the City
of Rochester will receive as its share of the settlement proceeds, a sum equal
to 75% of its total subrogation claim for compensation and medical and hospital
expense incurred to date by the City, less Attorney's fees, permitted by
statute to Mr. Richard H. Plunkett, Attorney for George Bennett, for services
rendered in effecting recovery from the said Benke, which Attorney's fees amount
to one-third of the City's receovery.
Be it further resolved that the Mayor is authorized and directed to endorse
on behalf of the City draft.#109963 dated November 12, 1959 drawn by Milbank
Mutual Insurance Company of South Dakots in the sum of $13,333.33 in payment
of the foregoing settlement."
Alderman Morris introduced a resolution appropriating $1,166.67 from the General Fund
and ordering payment made to Leroy Shane, Inc. in full compromise settlement of all damages and
losses alleged to have been sustained by the said Leroy Shane, Inc. for surface water damage on
July 28,*1957 and for which damage LeRoy Shane, Inc. alleges the City of Rochester is liable,
whi
which was read. R. V. Ehrick, City.Attorney, stated that he recommended settlement of this
case of which'the State of Minnesota would pay 2/3 which Chaves the amount to be paid by the
City in the amount of $1,166.67, he said the claim arose from the losses from supplies and due
to the interupption of business and sales; he said the basis for the cliam that the City is
liable is that"the City provided for the development of 2nd and 3rd Avenue N. E. without making
a provisiod for handling surface waters; the claim against the City was that they had allowed
a culvert to become plugged and as a result would not carry off the surface water. Hanlon said
he felt that this was the fault of the State and did not feel that the City was responsible for
1/3. A motion was then made by Haas, second by Wilkus, that the said resolution be adopted as
read. All voted in favor thereof except Hanlon who voted "no".
An Ordinance establishing a Planning and Zoning Commission for the City of Rochester,
Minnesota, providing for the compositiaon and setting forth the purpose and functions of the
Commission, establishing the position of Planning Director and prescribing his functions and
duties, was given its first reading.
t
1
•
1
1
•
Record of Official. Proceedings ;of. the: Common .Council
of the City of Rochester, Minn., December. 7, 1959
1
C12
•
1
1
s
1
Upon motion by Hanlon, second by Haas, 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 Hanlon, second by McGuckin, and upon roll call and all voting in favo
thereof, the rules were suspended and the ordinance was given its third and final reading.
A motion was then made by Haas, second by Hanlon, that the said ordinance be adopted
as read and all voting in favor thereof, President Kamm declared the said ordinance duly passed
and adopted.
Mr. Ray Wieland was present and presented a corrected petition to'vacate a portion
of 18th Avenue Northwest lying between 182 Street and 19th Street Northwest. He said that a
portion of 18th Avenue N.W. had been vacated on October 8, 1958 but on examination of titles
after annexation of the Markay Addition, legal counsel advised them that the petition presented
in 1958 did not carry the number of signatures.required by the Charter to vest jurisdication to
vacate said street and therefore a technical defect in the title which shoild be remedied by
re -vac
re -vacating the street as described in this petition as follow§:
Commending at the center of Section 27, Township 107 North, Range 14 West
of the Fifth Principal Meridian; thence west along the East-West Quarter
line of said Section 27 a distance of 155 feet; thence on a line deflecting
89 degrees and 55 minutes left a distance of 50 feet to the Northeast corner
of Block Two of Sunset Terrace, which is the point of beginning for the land
herein described; thence continuing on said deflection of 89 degrees and 55
minutes left a distance of 219.7 feet to the Southeast corner of Block Two
of Sunset Terrace, thence on a line deflecting 90 degrees and 19 minutes
left a distance of 66 feet; thence ori.a line deflecting 89 degrees and 41
minutes left a distance of 219.4 feet; thence on a line deflecting 90 degrees
and 05 minutes left a distance of 66 feet to the point of beginning; the same
being a portion of 18th Avenue N.W. platted as a part of Sunset Terrace Addition.
President Kamm referred the petition to the Planning & Zoning Commission.
A resolution ordering a. hearing set for January 18, 1960 at 7:30 P. M. on the
vacation of the above described property was read. A motion was made by Hanlon, second' by,
McGuckin, that the said resolution be adopted as read and all voting in favor thereof, President
Kamm ordered the same placed on file.
A letter from Mohn and Hodge Enterprises, Inc, petitioning for uniform twenty-five
(25) foot minimum building setback lines on all lots in Wilshire Estates Addition was read. Al
a title opinion submitted by Attorney Joseph Dingle on the Wilshire Estates Addition was read.
Upon motion by Wilkus, second by Hass, the communications were'referred to the Planning and
Zoning Commission. All voted in favor thereof.
Upon motion by Haas, second by Morris, the meeting was adjourned until 7:30 P. M. on
December 21, 1959.
Ci y Clerk
n
U