HomeMy WebLinkAbout02-01-1960418 Record of Official Proceedings of the Common Council
of the City of Rochester,- Minn., February 1,- 1960
Minutes of a•rggular meeting of the Common Council of the City of Rochester, Minnesota,
held in the Council Chambers in -the City Hall, in said City, on February 1, 1960.
President Kamm called the meeting to order at 2:00 otc-lock P. M., the following
members being present: President Kamm, Aldermen Haas, Hanlon, McGuckin, Morris, Tingley,
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Wilkus.
Upon motion by Haas, second by McGuckin, the minutes of the meeting of January 18,
1960 were approved.
A letter signed by R..E. Ibach of the N. W..Bell Telephone Company complimenting the
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City Engineer and his department on,their operations and cooperation was read and President Kamm
ordered the same placed on file.
Notice of claim against the City in the amount of $1,360.00 for an automobile stolen
from Municipal Park Lot #1 signed by Glen Tucker was read. Upon motion by Hanlon, second by
McGuckin, the same was referred to the City Attorney. All voted iri favor thereof.
The request of Curtis L. Taylor, Recreation Director, for permission to attend the
Annual Great Lakes District Recreation Conference to be held in St. -Paul on April 4,5,6 and 7,
was read. Upon motion by Haas, second by Morris, the request was granted. All voted in favor
thereof,
A letter from Garnet Spring requesting permission for the Building, Plumbing and
Heating Inspectors to attend a two day institute at the Center for Continuation Study at the
University of Minnesota on February 18 and 19, 1960 was read. Upon motion by McGuckin, second
by Hanlon, the request was granted. All voted in favor thereof.
A letter from C. A. Armstrong, City Engineer, requesting approval of attendance of
3 operators and the Laboratory Technician at the Annual Sewer School to be held at the
University Continuation Center on March 9, 10 and 11, 1960 was read and upon motion by Haas,
second by Hanlon, the request was granted. .All voted in favor thereof.
A letter from Ken Zubay, President of ABC relative to the progress that the City
may have made regarding a site for a building for Ability Building Center was read. Several
different locations were discussed and then Haas questioned as to whether the City would not be
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setting up a policy if they donated land to this organization, would they not then get requests
from YWCB, YMCA, etc. Hanlon stated that he felt this was a tremendous program and different
from YMCA, YWCA., eec., he said it*is partly supported by the.State and the only other revenue
they have is donations and he thought the City should help them if they could and if the land
they wanted had no other use he thought it should be donated; he said the people working here
were wards of the State and that everything possible should be done to keep them working and
partly self-supporting. R. V. Ehrick, City Attorney, then quoted a portion of the State
Statutes which gave the City the authority to donate land to an organization like Ability
Building Center; he stated this Statute would not include YMCA, YWCA, etc. it strictly gives
the right only where,the gift is for promotion of industry or employment. Tingley stated that
he felt this rehabilitation program would help the City in many ways by cutting down on welfare,
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Record of Official. Proceedings of the Common Council
of the City of -Rochester, Minn., Februa ► 1, -1960
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and he felt if a location could be found that the City does not need the Council should consider
helping Ability Building Center, but he said when he had attended a previous meeting the
question of the County participating had been raised and he wondered if arriy more had been done
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about it, as he felt it was definitely a responsibility of the County too. -The possibility of
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I.O.I. participating was also disucussed. A motion was then made by Hanlon that the Council
felt this was important to the community as a whole and requested Ability Building Center to
arrange a meeting with the Board of County Commissioners, I.V.I. officials, Chamber of Commerce,
the Common Council and Mayor and their organization to further discuss this matter. Wilkus
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seconded the motion and all voted in favor thereof.
A letter, signed by Carl Elford agreeing to include the following tract of land with
the area to be platted as Cresent Park First Addition and agreeing to dedicate said tract as a
street in said Addition to the City of Rochester was read and upon motion by Morris, second by
McGuckin, the same was referred to the Planning and Zoning Commission:
"Commencing at the southwest corner of said quarter section,.thence
north along the west line'of said quarter section, a distance of
897.7 feet, thence east at right angles to the previous described
course, a distance of-33:0 feet for a place of'beginning, thence •
continue east on the previous course extended a distance of 129.5
feet, thence south at right angles a distance of 66.0 feet, thence
west at right angles a distance of 129.5 feet, thence north parallel
to the west line of said quarter section a distance of 66.0 feet to
the place of beginning."
The following letter from C. A. Armstrong, City Engineer, was then read:
"Honorable Mayor & CwmnOn Council
City of Rochester, Minnesota
Job #6002-6003
State Aid Street 114
Gentlemen:
As directed at the meeting of January 18th, I am submitting Preliminary
Estimate, proposed financing program, and construction schedule for the improvement
of State Aid Street #114 from the junction of llth Ave. N.W.' and 5th St. N.W. to
the junction of 2nd Ave. N.E. and 2nd St. N.E. This has also been referred to
previously as the Northwest Primwy Street. The Alternate Route No. 1 as
recommended in the report of E. C. Bather and Associates dated November, 1959 and
approved by the Council January 18, 1960.
PRELIMINARY COST -ESTIMATE
Stale A — -Part --1
On 2nd St. N. E. from 2nd Ave. N. E. to N. Broadway - Paving $50,000
Stage A - Part -2
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�a� v On 2nd St. N. W. from N. Broadway to 4th Avenue N.W.-Resurfracing $15,000
Stage -B
�;oc3 On 5th St. N.W. and new location from junction of llth Ave. and 5th St. N.W.
to Junction of 4th Ave.`and 2nd St. N.W.
Right of Way acquisition $ 3,69,205
Bridge Construction 169,980
Street Construction 358,704
Engineering Costs 52,.868
Contingencies 52.-868
Total Estimated Cost- $1,068,625
PROPOSED -FINANCING PROGRAM
1. From 1957 Street Improvement Bond Issue
(2nd St. N. E. from Bdwy to 2nd Ave. N.E. project) 30,580 r
2. From 1960 (part of) State Aid'Allocation 88,000
3. From 1961 (part of) State Aid Allocation 701000
4. From proposed State Aid Bond Issue (to be funded
by part of future Annual State Aid Aflocations) 490,000
5. From 1961 Bridge Fund Levy 105,000
6. Transfer from 957 Street Improvement Bond
Issue (6th A e. & llth St. S.W. project) 285;045-
TOTAL $1, 068, 625
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Record of Official.. Proceedings of the Common Council
of the City of Rochester, Minn., February .1, ,1960
PROPOSED.'CONSTRUCTION'"SCHEDUIE"
Stage A - Part 1 & 2 to be constructed in-1960.''
Stage B - Right of Way acquisition to commence as soon as possible and be
completed in 1960.
Stage B-`• Bridge Construction to be started in fall of 1960 and completed
in early 1961.
Stage B - Street Construction to be started early in 1961 for operning to
traffic on' limited basis in 1961 and completion in 1962.
This is a very demanding schedule, and to meet it will require your
authorization aoon, so that the plans, right of way acquisition, and
bonding procedure can begin at once.
I further recommend that the City Engineer's Department be authorized
proceed with the Plans and Construction Supervision of Stage A and the
Right -of -Way acquisition of Stage B; that the consulting engineer, E. C.
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Bather & Associates be designated and engaged to proceed at once with the
plans for Stage B.
This program has the approval of the Public Works Committee.. If the
Council also approves it, I suggest that you plan a public hearing on the
project. in 2 or 3 weeks to explain it further to the public and the people
whose property will be affected.
Yours truly,
/s C. A. Armstrong, City Engineer"
A motion was then made by Wilkus, second.by. McGuckin, that a public -hearing be set on this project
for 7:30 o'clock P. M. on February 15, 1960; All.voted in favor thereof. The matter of sending
separate notices to'all the property owners affected was discussed and a motion was made by Haas
that we do not send individual notices to the property owners, Tingley seconded the motion and
upon roll call Haas and Tingley voting "aye" and Hanlon, McGuckin, Morris, Wilkus and Kamm voting
"no", President Kamm declared the motion lost. A motion teas then made by Wilkus that the City
Clerk be instructed to send individual notices to the property owners affected, McGuckin seconded
the motion and upon roll call Haas and Tingley voting "no" and Hanlon,_ McGuckin, Morris, Wilkus
and Kamm voting "aye", President Kamm declared the motion carried and the City_ Clerk was instructed
to send the said notices.
The following letter from'the City Planning and Zoning Commission was then read:
"Honorable Mayor and Common Council _
City.of Rochester, Minnesota '
Re: Evasion -of, -Subdivision Regulations- and Nissapplication -of '_Side Yard
Requirements 'of -Ordinance 'No: 558'
Gentlemen:
The City Planning and Zoning Commission has reveiwed the subject of the use of
a registered. land survey to evade the city's subdivision regulations as this
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practice applies to Lots 1,2,3,4 and 5 of Mohn and Hodge Rep 1t.
The attached drawings show the missapplication of the subdivision regulations
which 'require all lots to have a minimum of a 50 f't.'frontage on all streets.
Your attention is called 'td the subdivided frontages of 7th St. N. E. of 43.0
ft., 13.0 ft., 23.5 ft. and 28.5 ft.
These same drawings, which show the location of houses upon these lots, indicate
that inappropriate side yards were provided as required by the Zoning Ordinance.
We wish to point out that any deviation from the standards established in the
Zoning Ordinance can only be granted upon the filing of a proper appeal and a
hearing held to determine the facts in the case. The Board of,Appeals, then
must make a determination as to what should be done in each case. The appeals
procedure was not followed in this case.
In view of the above information we recommend that this practice cease at once,
and that the Common Council cons`i.der adopting a regulation. which would require that all
_ ..t'•. ::;-:. _splits of lots be channelled through the City Planning Director's Office for
approval, modification, or rejection as the case may be.- Your early consideration
of this matter is requested.
Respectfully submitted,
' /s John F. Brengman, Chairman `
City Planning and Zoning Commission '
Record of -Official Proceedings. -of the`.Cominon Council
of the City of Rochester, Minn., - .February _l,. 1960
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Garnet Spring, Building Inspector, stated that he had gone over this thoroughly and could not
see where they had evaded any regulation of the ordinance. Haven Hodge, owner of these lots,
was present and stated that they thought they had met the city's requirements and the platting
procedures had gone through the regular channels. Mr. Spring said these lots were larger than
minimum fixed by ordinance and the sideyard arrangements were determined accorddng to lot pattern
measurements, the same practice he has always followed in similar cases. Haas said as long as
the houses were already built he could not see where action was .needed by the Council and
therefore moved that this communication be dropped from the agenda, McGuckin seconded the motion
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and upon roll call all voting in favor thereof except Tingley and Kamm who voted "no" the motion
was carried. Tingley then said he felt.this should be cleared so no question would comeup in
the future, so he moved that the decision of the Building Inspector be accepted and adopted on
this particular project; Wilkus seconded the motion and upon roll call McGuckin, Morris, Tingley
and Wilkus voting "aye" and Haas, Hanlon and Kamm voting "no", President Kamm declared the motion
carried.
The recommendation of the Public Works Committee that bids be advertised for the
following equipment to be received on March 7th -was read: (a) one 2k ton dump truck for the
City Dump (b) two 2k ton dump trucks for the Street & Alley Department.(c) one 4 yard Street
Sweeper for the Street & Alley Department and (d) one sewer rodding machine. Upon motion by
McGuckin, second by Tingley, the recommendation was approved. All voted in favor thereof.
The recommendation of the Public Works Committee that bids be taken on February 15,
for the purchase of 23,100<lbs. of Anhydrous Ferric Chloride in 350# drums delivered to the
Sewage Treatment Plant was read and upon motion -by Tingley, second by Morris, the same was
approved. All voted in favor thereof.
The recommendation of the Internal Affairs Committee that the three following City Hall
employees be permitted to attend at city expense, thettwo day Institute in Advanced Secretarial
Training to be held in Rochester February 9th and loth under the sponsorship of the Rochester
Personnel Association, the cost of the institute $50.00 per -person, was read: Elaine Miller,
Secretary Personnel Department; Geraldine Bielenberg, Deputy City Clerk and Marian McQuillan
Secretary to the Mayor. Upon motion by Haas, second by McGuckin, the recommendation was approved.
All voted in favor thereof.
The recommendation � of the Internal Affairs Committee that Mr: Harold Cooke be granted
the 37. increase for the coming year, ending December 319 19609 was read and upon motion by Haas,
second by Hanlon; the recomendation was approved. All voted in favor thereof.
The recommendation of the Internal Affairs Committee that the City Dog Catcher be
authorized to purchase a tranquilizer gun, the cost -being approximately $148.00, was read. Morris
explained that the Dog Catcher was having a lot of trouble with dogs on school grounds and some
of these became vicious and hard to handle and by=having such a gun he would be able to pick them
up much easier. Wilkus stated that he felt this gun should be used under the supervision'of the
Health Department. A motion was then made by Wilkus, second by Tingley,'that the recommendation
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Record of Official Proceedings of th4C6mmonlCouncil
of the City of Rochester, Minn., February 1, 1960 •
OSWALD PUBLISHING CO.,_NEW ULM, MINN. 9181
be approved. All voted in favor thereof. Morris was instructed to contact the Health Department
in regard to supervising the use of this gun and report back at"this meeting. '
Upon motion by Haas, second by Wilkus, a ten minute•recess was declared.
A letter from the City Planning and*Zoning Commission stating that they had studied
the population report dated -July, 1959 as prepared by Ladislas Segoe and Associates and•they
wished to inform the Council that at a special meeting of the commission this report was adopted
and made a part of the Comprehensive Plan documents for the City of Rochester was read. R. V.
Ehrick,'Ciiy Attorney, stated that'in`his opinion the Planning Commission does not have the
authority to adopt such a plan and'that he had attended the last meeting of the Planning and
Zoning Commission and explained this `and he felt it was all taken care of -now. -No action was
taken on the letter.
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The following appointments to the Recreation Board were made by Mayor Smekta:
Joseph Rockenbach, 727:- 14th St. N.W. At Large, 2--years. Term to'expire 1-1-62.
Jerry Bratass, 839 - 10k St. S.W. Second Ward, 1 year.
Rev. Paul'Davis, 806 East Center St.Fourth Ward, 1 year.
Rev. Warren Ryan*,1301 - 14th St. N.W. Sixth Ward, 1 year.
(The above terms of office to expire January'l, 1961)
Ralph Ellingwood, 3928 3rd St. N. W. Third Ward, 2 years.
Clifford Johnson, 304 - 14th St. N.E. Fifth Ward, 2 years.
(The above term of office to expire January-1, 1962).
Upon motion by Ringley, second by Hanlon, the Mayor's appointments were confirmed.
favor thereof.
All voted in
.. - A letter signed -by -Catherine M. Fitzgerald of 111 - 7th Avenue N. W. requesting a
loading zone in front of her place was read and upon motion by Morris, second by McGuckin,-the
same -was referred to -the City Security Committee. All voted in favor thereof. -
The contract bond of John Bean Division of Food Machinery & Chemical Company in the
amount of $21,259.77 with the United States Fidelity & Guaranty Company as surety was read and --
upon motion by Tingley, second by McGuckin, the same was referred to the Mayor.
The application of Piggly Wiggly Store No. 3 for a 3.2 "off sale" beer license was
read and upon motion by Tingley, second by McGuckin, the same was referred. to the City Security
Committee. All voted in favor thereof.
The applications of Chris Krier and Piggly Wiggly'Store #3 for a license to sell soft
drinks and the applications of Chris Krier and Piggly Wiggly Store Ojor a license to sell
cigarettes were each read. Upon motion by Haas, second by McGuckin, the licenses were granted. -
The reports.of the Clerk of Municipal Court for the week ended January 15, 1960•
showing total criminal fines and costs collected and civil fees received $2,592,35 and total
remitted to the City Treasurer $1,735.35; for the week ended January 22,.1960 showing total
criminal fines and costs collected and civil fees received $$1,758.00 and total remitted to the
City Treasurer $19270.68; and for the week ending January 289 1960 showing total criminal fines
and costs collected and civil fees received $2,641.85 and total remitted to the City Treasurer
$1,626.85 were each read and having been approved by,the City Attorney, President.Kamm ordered
the same placed on file.-
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Record of Official Proceedings of the Common Council 423
of the City` .of . Rochester,. Minn., February 1, 1960
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The report of the Public Examiner for the year ended March 31, 1959 was presented. It
was noted.that the report said municipal tax levies tn,1957 and 1958 exceeded the statutory per
capita limit a$ lased on the 195Q census and it was explained that factors.of.actual municipal
government needs based on a substantially higher current population were taken into consideration
along with limitations to which they refer. It was suggested that the Minnesota Legislature be
contacted -to approve measures meeting needs of Rochester. R.. C. Andrews, City Finance Officer,
was requested to bring back recommendations on such needs as affect fiscal matters and report on
a proposed legislative program. . . .
The following resolutions were each introduced and.read and upon motion made, seconded
and all voting in favor, thereof, President Kamm declared.the resolutions duly passed and adopted:
Resolution substituting change of collateral given by Rochester State Bank of Rochesterl
Minnesota. .Upon motion by Tingley, second by McGuckin, resolution adopted.
Resolution authorizing and directing the City Clerk to advertise for sealed bids for
the furnishing of one 2k ton dump truck for use at the.City Dump Grounds. Upon motion by Haas,
second by Tingley, resolution adopted.
Resolution authorizing and directing the City Clerk to advertise for sealed bids for
the furnishing of a two 2k ton dump trucks for use in the Street & Alley Department. Upon motion
by McGuckin, second b#,'Haas, resolution adopted.
Resolution authorizing and directing the City -Clerk to advertise for one 4-yard Street
Weeper for.use in the Street & Alley Department. Upon motion by McGuckin, second by Haas.,
resolution adopted.
Resolution authorizing and directing the -City -Clerk to advertise -for sealed.proposals
for the furnishing of one sewer rodding machine for use in the City Engineer's Department. Upon
motion by McGuckin, second by Haas, resolution adopted.
Resolution authorizing and directing the City,Clerk to advertise for sealed proposals
for the furnishing of 23,100 lb..of Anhydrous Ferric Chloride for'the Sewage Treatment Plant.
motion by Wilkus, second by Tingley, resolution adopted.
Resolution declaring cost to be assessed and ordering preparation of proposed asses
for construction of a sanitary sewer, storm sewer, water main and service connections and the
grading and surfacing of streets in Northern Heights Addition. Upon motion by Wilkus, second.by
Tingley, resolution adopted.
. Resolution ordering a hearing on the proposed assessment for construction of sanitary
sewer, storm sewer, water main and service connections and grading and surfacing of streets in
Northern Heights Addition. Upon motion by Haas, second by Hanlon, resolution adopted.
Resolution declaring cost to be assessed and ordering preparation of proposed assessment
for paving of llth Avenue N. W. from 2nd to 7th Street N. W. .Upon motion by Haas, second by
Hanlon, resolution adopted. -
Resolution ordering a hearing on the proposed assessment for paving of llth Avenue N. W.1
from 2nd to 7th Street N.W. Upon motion by Haas, second by Hanlon, resolution adopted.
24 Record of Official Proceedings of the Common Council
of the City of. Rochester, Minn., February 1,J 960 •
Resolution declaring cost to be assessed and ordering preparation of proposed assess-
ment for..grading and paving of 16th Ave. N.W. from 2nd to-4th St. N.W. and on 4th St. N.W. from
16th Ave. N.W. to T. H. #52; grading and.paving 16th Avenue N. W. from 4th St. N.W. to State Aid
Street #114 and State Aid Street #114 to llth Avenue N. W. to T. H. #52; Bridge No. 5501 on 16th
Ave. N.W. over Cascade Creek. Upon motion -by Wilkus, second by Haas, resolution adopted. Upon
roll call all voted in favor thereof., >
Resolution ordering a hearing -on the proposed assessment for grading and paving of.
16th Ave. N. W. from 2nd St. 4th St. N.W. and on 4th St. N.W. from-16th Ave. N. W. to T. H. #52;
grading and paving 16th Avenue N. W. from 4th St, N. W. to State Aid Street #114 and State Aid
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Street #114 to.11th AVenue N. W. to-T. H. #52; Bridge No. 5501 on;16th Ave. N. W. over Cascade
Creek. Upon motion by Wilkus, second by Tingley, resolution adopted.
Resolution ordering cost to be. assessed and ordering preparation of_proposed assess-
ment for grading and paving of 13th Street N.. W. from Broadway to Cascade Creek. Upon motion by
Wilkus, second by Haas, resolution adopted.
Resolution ordering a hearing on the proposed -assessment for grading and paving of
13th Street Northwest from Broadway to Cascade Creek. Upon motion by Wilkus,-second by Haas,
resolution•adopted.
Resolution declaring cost to be assessed and ordering preparation of proposed assess-
ment for paving 2nd Avenue.S. E. and N. E. from 2nd St. S. E. to 2nd St. N. E.; 2nd St. S. E. from
1st Ave;. S. E. to 2nd Ave. S. E. Upon motion by Haas, second by McGuckin, resolution adopted.
Resolution ordering a hearing on the proposed assessment for paving 2nd Ave. S. E.
and N. E. from 2nd St. S. E. to 2nd St. N. E.; 2nd St. S. E. from lst Ave. S. E. to 2nd Ave. S.E.
Upon motion -by Wilkus, second by Hanlon, resolution adopted.
Resolution declaring cost to be assessed and ordering preparation of proposed assess-
ment for construction of.a sanitary sewer, storm sewer, water main and service connections in
Peck's 6th.Addition and Sawinski's 1st Addition. Upon motion by Wilkus, second by Hanlon,
resolution adopted.
Resolution ordering a hearing on the proposed assessment -for construction of.sanitary
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sewer, storm sewer, water main and service connections in Peck's 6th Addition and Sawinski's 1st
Addition. Upon motion by Wilkus, second by Tingley, resolution adopted.
Resolution declaring cost to be assessed and ordering preparation of proposed:assess-
ment,for construction of>a curb and.gutter on 15th Avenue N. E. from 9th.to loth Street N. E.
Upon.motion by Hanlon, second by McGuckin, resolution adopted. _
Resolution ordering,a hearing on the proposed assessment for.construction of a curb -
and.gutter-on.15th Avenue Northeast from 9th to 10th.Street Northeast._ Upon motion by McGuckin,
second by Hanlon,,resolution adopted. .-
Resolution declaring cost to be assessed and ordering prepartion of proposed assess -
.went for construction of a.curb and gutter on 15th St. N. W. west of 8th Avenue N. W. and on 8th
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Record .of Official°=Proceedings of the 'Common Council
of the City of. Rochesteri Minn.,_ February 1, 1960
D G,WALD PV_B LIB NINE CD., NEW IILM• MIN N. 9181
Ave.•N. W.- abutting•Lot-ll, Block 2, Washington Subdivision. Upon motion by Wilkus, second -by
McGuckin, resolution adopted.
Resolution ordering a hearing on the proposed assessment for construction of a curb
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and gutter on 15th Street N.' W. west of 8th Avenue N. W. and on 8th Avenue N. W. abutting Lot 11,
Block 2, Washington Subdivision. Upon motion by Wilkus, second by McGuckin,-resolution adopted.
Resolution declaring cost to be assessed and ordering preparation'of proposed assess-
ment for construction of a curb and gutter on 7k Avenue Northeast and on Northwood Drive in
Northwood Addition.' Upon motion by McGuckin, second by Haas,• resolution adopted.
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Resolution ordering a hearing•on•the proposed assessment for construction ofa curb
and gutter on 7� Avenue Northeast and on Northwood Drive in Northwood Addition. Upon motion by
McGuckin, second by Haas; resolution adopted.
Resolution appropriating $300.00 from the General Fund and ,#375:00 from the Police:
Protection Fund and ordering payment made -to Rochester Olmsted County Safety,Council $300.00 and
P. E. Romano $375.00. •Upon motion by Haas, second by -Hanlon, resolution adopted.
Resolution appropriating $467.65 from the Police Protection Fund, $599.02 from the
General Fund and $392.87 from the Fire Protection Fund and ordering payment made to Anderson's
Men's Wear $467.65; Dayton Company $599.02 and Hayes Lucas Lumber Co. $392.87. Upon motion by
Haas, second by McGuckin, resolution adopted. -
Resolution appropriating $2203.11 from the P.I.R. Fund and ordering payment made to
E. C. Bathers Associates. Upon motion by Haas, -second by McGuckin, resolution adopted.
Resolution appropriating $1,430.39 from the Permanent Improvement Fund and ordering
payment made to Toltz, King, Duvall, Anderson & Associates, Inc. Upon motion by Haas, second
by McGuckin, resolution adopted. C -
Resolution appropriating $43,540.45 from the P.I.R. Fund and ordering payment made to
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the Permanent Improvement Fund. Upon motion by Hanlon, second by McGuckin, resolution adopted.
Resolution approving-$61,061.63 from the -Bridge Fund and ordering payment made to the
Permanent Improvement Fund. Upon motion by McGuckin, second by Hanlon, resolution adopted.
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Resolution appropriating $150*663.50 from the General Fund $1751.99; S & A Fund
$4,902.07 and Permanent Improvement•Fund $144,009.44 and ordering payment made to Permanent
Improvement Revolving Fund. Upon motion by Hanlon, second by McGuckin, resolution adopted.
Resolution appropriating $12,540.33 from the Y.I.R. Fund and $13,882.63 from the
Permanent'Improvement Fund and ordering paymentlmade to the General,Fund1. Upon motion by
McGuckin, second by Hanlon, resolution adopted..
Resolution appropriating $938.60 from the Permanent Improvement Fund andlordering
payment made to Ted Rieple•. Upon motion by Hanlon, second by McGuckin; resolution adopted.
:Resolution appropriating $899.40 from the General Fund and ordering payment -made to
Herbert G. Knopp Agency. -Upon motion by McGuckin, second by Hanlon-, resolution adopted.
Resolution appropriating $20.00 from the General Fund, $3,452.30 from the S & A Fund.,
$747.20 from the Sewer Fund, $28.80 from the Bridge Fund and $212.50 fromthe Police Protection
426 Record of Official Proceedings of the' Common Council
of the City of Rochester, Minn.; February. 1, 1960
Fund and ordering payment made to Street.& Alley Fund $5,232.70 and Clements Chevrolet Company
$212.50. Upon motion by Tingley, second by Hanlon, resolution adopted.
Resolution appropriating $3,454.15 from the General Fund and ordering payment made to
Park Improvement Fund. Upon motion by McGuckin, second by Hanlon, resolution adopted.
Resolution appropriating $616.54 from.the-Auditorium Fund and ordering payment made
to the Park Department. Upon motion by Hanlon, second by McGuckin, resolution adopted.
Resolution appropraiting $864.09 from the S & A Fund, $39.80 from the General Fund,
$178.02 from the Fire -.Fund and $25..96 from the Sewer Fund and ordering payment made to Peoples
NUtural Gas $449.97. and General Trading Company $657.90. Upon motion by McGuckin, second by
Hanlon, resolution adopted.
Resolution appropriating $68.85 from the General Fund, $41.91 from the S & A Fund and
$8,073.98 from the Lighting Fund and ordering payment made to City of Rochester, P.U., Upon
motion by McGuckin, second by Hanlon, resolution adopted.
Resolution appropriating $151.20 from the Park Fund and $604.80, from the Auditorium
Fund and ordering.,payment made to City of Rochester, P.,U. Upon motion by Hanlon, second by
McGuckin, resolution adopted.
Resolution approving the plat to be known and designated as Wilshire Estates Addition. .
Upon motion by Hanlon, second by McGuckin, resolution adopted. ..
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Resolution fixing salary,and,compensation of the Music Director at $4,944.00 per
year for the year ending December 31, 1960. Upon motion by McGuckin, second by Morris,
resolution adopted_. '
Alderman Morris reported,that he had talked to the Board of Public Health & Welfare
through Dr. Wilson, and he recommended that the City purchase a tranquilizer gun -for, the City
Dog Catcher and the same be used urkder the rules and ,regulations of the said Board. A motion
was then made by Wilkus, second by McGuckin, that the City purchase a tranquilizer gun and the
same be used under the rules and regulations as set forth by ,the Board of Public Health & Welfare.;
All voted in favor thereof.
The following claims were read and upon motion by Morris, second by McGuckin, the
same were approved and the Mayor and City Clerk were Nuthorized and directed to draw warrants,
upon the City Treasurer and make payments accordingly:
From the General Fund: Elfreda Reiter, $17.40; Garnet Spring, $40.88; Paul Plantz,
$44.25; Charles Dornack,"$45.00; William Burrows, $44.25; Curtis Taylor, $28.95; Robert Toddies
�$15.50; Marian Munn, $80.00; C. A. Armstrong, $4.00; Marie Bolton, $87.00; Richard White, $50.00;
Forest Busher, $66.30; Schmidt Printing Co.., $89.50; The, Johnson Company, $78.79; Harry H. Evans,
$34.50; H. A. Rogers Company $157.95; Witte Transportation Company $2,.75; Rochester Transfer &
Storage Co., $58.51; The Camera Center $.59; K. M. McGhie $36.00; 0 & 0 Sporting'Goods, $160.40
Clerk of,Municipal"Court $55.50; New York Athletic Supply, $123.60; Schmidt Brinting Co.$174.88;
Olmsted Medical Group $2.1.50,; Alyin`Wondrow, $3.50; Panama Carbon Company, $7.25; Public s
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Personnel.Association $20.50; Beckley Business Equipment $34.00; Elfreda Reiter.City Clerk,
$35.25; Cooperative Oil Company $102.7Q; N. W. Bell Telephone Co., $12.80; Fire &,Safety, Inc.,
$64.50; Quality Printers & Stationersa $79.13; Arnolds Supply Company, $30.45; Trawlers, $16.00;
Fillmore & Bradbury,_$82.24; R. C. Drips Grocer Company, $35.05; Perry Beach Floor Company,
$21.15; Borchert Ingersoll, Inc. $64.18; Clements Chevrolet Company, $12.99; Firestone Stores,
$2.52; S..M. Supply Company, $11.73.
From the Street & Alley Fund; Cooperative Oil Company $1.43; Borchert Ingersoll, Inc.
$48.41; Clements Chevrolet Company $7.01; Firestone Stores, $108.38; William H. Ziegler Company,
$43.47; Phillipi Equipment Company $111.70; Paper Calmenson & Company $112.16;.Gene Phillips,
Inc. $1.60; J. I. Holcomb Mfg. Company $27.60; Gateway Transportation $9.36; Bros. Incorporated,
$112.00; Socony Mobil Oil Company $85.87; Ace Sign Company $12.00; Universal Motors, Inc.$5.95.
From the Fire Protection Fund: Elfreda Reiter, City Clerk $.10..25; Fire & Safety, Inc.,
$12.00; Quality Printers & Stationers, $18.13; Culligan Water Conditioning, $4.50; Struve -Paint
Stores, $4.98; S..E. Minnesota Fire Department Assn. $5.00; The Model Laundry $18.14; Massey's,
$32.20; Adair Electric, $7.60; Minnesota State Fire Chiefs Association, $11.00-; Minnesota State
Fire Department As:sn., $35.00; Kenneth Stoltenberg, $91.80 and Seagrave Corporation $4.80.
From the Police Protection Fund: Elfreda Reiter, City Clerk $20.88;. N. W. Bell
Telephone Company $31.15; S. M. Supply Company $3.61; C. R. Holland, M.D. $60.00; Universal
Motors, Inc.., $4.50; James J. Macken, Jr., $3.00; L. S. Donaldson Company $22.50; The Dayton
Company $10.00; P. E. Romano, $23.25; Reuben E. Rieck, $55.00; Pak& Photo News, $34.77;, Cronin
Peterson $124.05; Nelson Tire & Appliance Company $25.00; Rochester Public School System, $4.00;
National Safety Council $7.50; Police Supply Company, $20.19; Minnesota Chiefs of Police Assn.,
$5.00; Carl J..Briese, $100.00;_Black's Cafe, $9.60; T. 0.'Wellner, M.D., $70.00; 0 & 0 Sporting
Goods, $31.50; Roy Kingrey, Inc., $55.00; Joe L. McDermott, $24.82; Carl J. Briese, $24.90.
From the Sewer Fund: Michel Sales Company $69.20; Woodruff Company $28.95; City of
Rochester, P.U., $8.55; The Hallemite Mfg. Company, $32.53.
From the Auditorium Fund: Burroughs Corp.,'$20.80; City of Rochester, P.U., $82.82;
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Squires Electric Company, $8.10; Louis Canar, $10.00; Skating, $5.00; Johnson Service Company,
$47.85; Gopher Welding Company, $10.90; City of Rochester, P.U., $52001; Peoples Natural Gas Co.,
$llo08; N. W. Bell Telephone Co., $70.65; Railway Express Agency, $4.24; Cal Smith, Manager of
Mayo Civic Auditorium $8.20.
From the Parking Meter Fund: Parking Meter Repair Service Center $49.50 and The
-Rochester Visitor $8.00.
From the Park Improvement Fund: Elfreda Reiter, City Clerk $.90; Burroughs Corporation,
$41.60; Rochester Meat Company, $65.70; Minn. Department of Agriculture, $15.00; Schoot Dist.
Company, $22.00; William Van Hook, $24.50; Peoples Natural Gas Co., $48.48; T & T Supply Compafiy,
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$13.65; H. Dornack & Sons, $2.00; . W. Bell Telephone Co., $22.41; Werner Transportation Co.,
'$4.46; N. W. Bell Telephone Co., $31.05; Norma E. Amundsen, $13.36; N. W. Bell Telephone Co.,
$1.05; City of Rochester, P:U.,'$151.20.
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Record of Official Proceedings of the `Common Council
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OBWALD PUOLIS HIND CD.. NEW ULM, MINN 9181
From the Permanent Improvement Fund: Twin City Testing &•Engineering $15.00.
< R.-C. Andrews stated that he had met with Mr. Hatlett of the Chamber of Commerce.
regarding the $1,000.00 bill for Christmas street lightingi He said they had no other provision
for this money and would be short if it were not paid; Mr. Andrews said•thattthis money had been,
budgeted and recommended that it be paid this year. A motion was then made by Wilkus that the
resolution appropriating $1,000.00 from the Lighting Fund and ordering payment made to Naegle-
Sign Company be tabled until the meeting on April 4, 1960, Tingley seconded the motion and all
voted in favor thereof.
R. C. Andrews informed the Countil that they would have to sell a bond issue in,
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the near future for the -purpose of (1) Municipal State Aid Streets•and (2) Municipal Airport•Bonds
and recommended that a date be set for advertising the sale of these bonds about March 15th•and
deliver same by April 15th.
A petition signed by Mr. & Mrs. John Hoisington to have the following described,
property changed from a residential to a multiple dwelling zone was read andupon motion by Tingley,
second by McGuckin, the same was referred to the City Planning and Zoning Commission: ,
"The part of Outlot 12 of Cummings,' Addition to the town, now city, of Rochester:
described by metes and bounds as follows: commencing at a point in the north
line of Center Street West in Said City which is 123 feet east of the west line
of.•said Outlot and 38 feet north of the south line of said Outlot; thence north
parallel with the west line of said Outlot 127 feet; thence east ten (10) feet;
thence north 4 feet to a point which is 133 feet east of the west line of said
Outlot and 131 feet south of the north line of said Out16t; thence east
parallel with -the north line of said Outlot 42 'feet; thence south.parallel with
the west line of said Outlot 131 feet to the north line of said Center Street
Uest;`thence west along the north line of said street 52 feet to the place of
beginning." °
A resolution adopted by the Public Utility Board setting salaries for the year
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ending December 31, 1960 was presented. Mr. John Bakke, Personnel Director?,stated that he had
met with the Public Utility Board before and this resolution gave about a 41% across the Board
kaise and also payment of premium on a hospitalization insurance feature; Mr. Bakke explained -that
this increase for light department linemen and other personnel was based on studies of utility
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field salary levels in other municipalities. Tingley, a member of the Public Utility Board, stated
that the 47. was a compromise with the unions, they had asked for 67. last,year and had been promised
this for this year. Hanlon stated that he felt they were being unfair to othercity employees•
when they only gave 37. and did not see why this department should have paid hospitalization when
other departments did not and would like to study it a little before action was taken. A motion
was then made by McGuckin, second by Haas, that no action be taken on this resolution tonight and
in the next two weeks a meeting be arranged with the Mayor, the Council, the,Public Utility Board,
Mr. Lentfer and Mr. Bakke to review this further and that prior to such a meeting, Mr. Bakke work
with the Public Utility.Board and express some of the ideas of.the Council (how the 4% was arrived
at, the paid hospitalization and the inequities between janitors and secretaries). All voted in
favor of the motion.
Upon motion by McGuckin, second by Tingley, 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
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present: President Karma, Aldermen Haas, Hanlon, McGuckin, Morris, Tingley, Wilkus.
An Ordinance amending an ordinance entitled, "An Ordinance providing for the licensing
of certain dogs; providing for apprehension and disposition of dogs unlawfully running at large;
providing for the vaccination of dogs for rabies; providing other regulations governing dogs;
and providing a penalty for violation", the same being Ordinance No.-995,-was given its third and
final reading.
President Kamm then called on anyone wishing to be heard on the dog ordinance. There
were•22 people present in the audience: Mrs. Betty Christopherson of 847 8th-Avenue S. E. was
present and opposed tying dogs for 6 months, she said she felt a dog was a part of every home but
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if they had to -be -tied up she felt people would be discouraged from buying one. Mrs. George
Betker of 942 - 9th Avenue N. E. stated that her views were ,just the opposite, she felt dogs,
should be tied for 12 months, she has two small children and when they go -to school they are -
afraid of the dogs running and jumping and the messes on the lawns are terribke; she would
definitely like to see a 12 month ban on dogs. Mr. Howard Garbisch of 122 - 8th Street N. W.
agreed on the one year ban,,he said he had always owned dogs and could not see where it harmed
them to be tied up. Mrs. Betty Kraayenbrink of 304,- 23rd St. S. W. said she felt if a•dog were
tied up it would become vicious. Mrs. Richard Cleerman of 813 = 15th St. N:W. also spoke in
favor of the 12 month ban. -
Mr: Robert Blakely; City Dog Catcher, was- also present, he said dogs were running at
large all over school -grounds -and parks and were a terrible nuisance, he estimated that there
were over 400 dogs in Rochester and only about 1200 were licensed; he said there had been 63
dog biting cases.since September 1st as reported to the Health Department; he also said he did
not -think cats -should be allowed to run at large.- Mr. Blakely also--said-he did not think dogs
would become vicious if tied up, -if he -had shelter food and=water and a little;"loving care".
After a lengthy discussion, -Hanlon said he felt they should have a 12 months ban or
none, he felt -the 6 months ban would only be solving one-half the probelm., Hanlon then moved that.
the ordinance be amended to read 12 months instead of-6 months. Morris seconded -the motion -and
upon roll call Haas, Tingley and Wilkus voted` no` and.Hanlon, McGuckin, Morris and Kamm voting
"aye", President Kamm declared the motion carried. -
.*Wilkus then stated that being a part of the committee that -recommended the 6 months
ban and in view of the fact that we have turned about,on our recommendation and hearing the.,
opinion of the people, he moved that this be tabled until March 21st to give time to research
this matter 8nd get the pulse of the people:, Tingley seconded the motion and upon roll call and
all voting "no" except Wilkus and Tingley who voted "aye", -President Kamin declared the motion lost.
Tingley said he felt-therb,were many things entering into changing -this ordinance and
thought they should give this more consideration. Morris stated he -did not feel that shelving
this -would -solve anything andthought some action should be -taken tonight. R. V. Ehrick, City
Attorney, -pointed out if*the ordinance were amended to 12 months -there -would be other parts of
the -ordinance that would have to be considered or changed, such as license fees, etc.
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A -motion was then made by Hanlon, second by Haas, that this<be tabled until
February 15th. Upon roll call and all voting "no", President Kamm declared the motion lost.
A motion was then made -by Tingley that the adoption of this ordinance be delayed
until March 7th.and the item of licensing dogs be referred back to the City Security Committee.
Hanlon seconded the motion and all voting in favor thereof, except Morris who voted "no"
President Kamm declared the motion carried.
President Kamm then stated this as being the time and place set for a hearing on
establishment of a 25 foot minimum building setback line -on all lots in Wilshire Estates
Addition. There was no one present wishing to be heard. President Kamm then declared the
hearing officially closed and the City Attorney was instructed to prepare a resolution
establishing the said setback lines. 3 -
Alderman Wilkus introduced a resolution initiating annexation of certain lands in
Section 25, Township 107 North, Range 14 Olmsted County, Minnesota owned by Raymond D. Pruitt,
Lillian E. Pruitt, -Gordon M. Martin, Neva M. Martin, Harold E. Payne, Virginia M. Payne, The
First National Bank of Rochester, Jessie Peck Whiting, Ruth P. Pulford, Lynn Peck, John Peck,
Earl E. Gambill, Alleen L. Gambill, Richard -A. Theye, Jo W. Theye, Joe Gores and Mildred Gores,
which was read. A motion was made by Haas, second by Hanlon, that the said resolution be
adopted as read and all voting.in favor thereof, President Kamm declared the said resolution
duly passed and k adopted. <
Resolution authorizing the Mayor and City Clerk to execute on behalf of the City of
Rochester the "Right of Way Contract" with the Standard Oil Company/. Upon motion by Tingley,
second by Haas, resolution adopted.
Resolution establishing minimum building setback lines in Markay Addition. Upon
motion by Tingley, second by McGuckin, resolution adopted.
Resolution establishing minimum building setback lines in Elton Hills 5th Addition.
Upon motion by Hanlon, -second by Haas, resolution adopted.
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Resolution establishing minimum building setback lines in Wilshire Estate Addition.
Upon motion by Wilkus, second by Morris, resolution adopted.
Resolution appropriating $$1,000.00,from the General Fund and ordering payment made
to Barbara S. Knesel and Edward L. Knesel and Arthur R. Swan, their Attorney. Upon motion by
Haas,=second by Wilkus, resolution adopted.
Resolution amending the resolution establishing parking and parking meter reguiations
and provisions pursuant to Ordinance No. 8710 as foliows:
Subsection g. of Section (1) Angle Parking is hereby repealed.
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Upon motion by McGuckin, second by Haas, resolution adopted.
An Ordinance amending an Ordinance entitled, "An Ordinance Establishing Interim
Zoning Procedures for North Broadway between Seventh Street and the Zumbro River", was given
its first reading.
An Ordinance amending an Ordinance entitled, "An Ordinance for the purpose of
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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 Outlot 1 of Replat of Bielenberg and Giese's Fourth Addition to
commercial zone) was given its first reading.
Upon motion by Tingley, second by Morris, and upon roll call and all voting in favor
thereof, the rules were suspended and the ordinance was given its second reading.
A motion was then made by Tingley, second by McGuckin, that the rules be suspended and
the ordinance be given its third and final reading. Upon moll call Hanlon voted "no",motion lost.
An Ordinance annexing certain parcels of land in Section 27, Olmsted County, Minnesota,
which are completely surrounded by lands presently within the territorial limits of the City of
Rochester, in accordance with the provisions of Section 414.03 of the Minnesota Statutes, as
amended, was given its second reading.
Upon motion by Haas, second by McGukkin, and -upon roll call and all voting in favor
thereof, the rules were suspended and the ordinance was given its thirdd reading.
A motion was then made by Haas, second by McGuckin, that the said ordinance be giom�n
adopted 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,
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 Lots 1, 5 and 9, Markay Addition to commercial zone) was given its second reading.
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 annd 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 Northgate Shopping Center to commercial district) which had been
given three readings was again presented. A motion was made by Hanlon, 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.
The letter from Wm. Janvrin relative to attaching vending machines and devices to
public poles and buildings, which had been referred to the City Attorney, was again discussed.
It was reported that the Minneapolis Tribune had been advised to take these vending machines
off the streets and as for the Police receiving free papers, each delivery has complimentary
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papers and these are sometimes given to the Police. President Kamm then declared this matter
closed.
R. V. Ehrick, City Attorney, then recommended that the claim of Glen Tucker for a car
stolen at one of the parking lots be referred to the Internal Affairs Committee, he said there
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is some question of insurance coverage on this type of claim; he also said he thought the
Council should be carrying public liability, catastrophe insurance, insurance on bids, etc.
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A motion was then made by Tingley, second by Wilkus, that this be referred to the Internal
Affairs Committee and the City Attorney to make a study and survey as to what insurance the City
should carry that is not now being carried. All voted in favor of the motion.
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Mr. Gar Kreter was present and inquired when the engineering department was going to
submit plans on the proposed primary street on 5th St. N.W. He was told that there would be
a public hearing on February 15, 1960.
R. V. Ehrick, City Attorney reported that he could find no authority for the Council
to prohibit the use of plastic bags by cleaners as requested in a letter from MM Mildred
Schomberg in a fetter dated Januaryyl8, 1960.
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R.V. Ehrick, City Attorney, reported that Mr. A. A. Hermann, who made the survey
on Natural Gas Company would like to meet with the Council at 4;30 P. M. on February 15, 1960.
This was agreed on.
Upon motion by Wilkus, second by Tingley, the meeting was adjourned until 7:30 P. M.
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on February 9, 1960.
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Ci y elerk
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