HomeMy WebLinkAbout11-07-196052 Record of Official Proceedings of the -Common Council
of the City .of Rochester, Minn., November 7, 1960 •
GSWALO PUBLISHING GG. ANEW ULM, MINN. A3528
Minutes of a regular meeting of the Common Council of the City of Rochester, Minnesota,
held in the Council Chambers in the City Hall on November 7, 1960.
President Tingley called the meeting to order at 2:00 o'clock P. M., the following
members being present: President Tingley, Aldermen Brooks, Gifford, Morris, Stadler, Wilson.
Absent: Wilkus. (Alderman Brooks arrived at 2:50 P. M.)
Upnn motion by Stadler, second by Wilson, the minutes of,the,meeting of October 17,
1960 were approved.
President Tingley stated this as being the time and place set for receiving and
opening bids for the following projects:
Bids for construction of Bridges No. 55503 and 55504 over Cascade Creek, approach fill
and storm sewer on M.S..A.S. No. 114. The bids of Oster & Pederson, Inc. in the amount of
$119,578.35; Yegge Blosser Construction Company, Inc. in the amount of $107,365.48; Thorson
Construction Co., Inc. in the amount of $102,696.17; Minnesota Bridge Company in the amount of
$100,Q5.49 and L. M. Feller Company in the amount of $99,672.40 were each received and opened and
upon motion by Morris, second by Stadler, the same were referred to the Public Works Committee and
City Engineer for tabulation and recommendation. All present voted in favor thereof.
Bids for construction of a curb and gutter on the west side of 36th Avenue Northwest
from 3rd Street Northwest to 3rd Place Northwest. The bids of C. M. Boutelle & Sons, Inc. in the
amount of $1,529.15; Doyle Conner Company in the amount of $1,725.80 and Burlovich Construction
Company in the amount of $2,373.95 were each received and opened and upon motion by Stadler,
second by Wilson, the same were referred to the Public Works Committee and City Engineer for
tabulation and recommendation. All present voted in favor thereof.
Bids for construction of a sidewalk on both sides of 15th Avenue Northwest from 22nd
Street Northwest to 14th Avenue Northwest. The bids of C. M. Boutelle & Sons, Inc. in the amount
of $4,416,01; S..B. Woodward in the amount of $4,270.88;.E. J. Vonch Cement Contractor in the
amount of $4,042.86; Burlovich Construction Company in the amount of $6,332.52 and Doyle Conner
Company in the amount of $,575.90 were each received and opened and upon motion by Stadler, second
by Wilson, the samewere referred to the Public Works Committee and City Engineer for tabulation
and recommendation. All present voted in favor thereof.
Mr. Lester Stellmacher was present and stated that he had tentatively purchased the
house at 407 - 4th Street N. W. and wanted to move it to 319 - 3rd Avenue N. W. but found a clause
in the building code that might not allow it to be moved. Garnet Spring, Building Inspector,
stated that the present building code provided that in "Section 905. No building or frame or
unprotected metal construction shall be moved into, or within, the Fire Limits." but in Section
402, paragrapsh 7, it provided that new duplexes with frame structure could be built within the
fire limits. R. V. Ehrick, City Attorney, stated that the ordinance did not provide for any
variance or exception to the statement in Section 905 and did not think the Council could grant
an exception. Upon motion by Morris, second by Stadler, this matter was tabled until the evening
meeting. All present voted in favor thereof.
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Record of. Official Proceedings of the Common Council 5 3 1
of the City of Rochester,, Minn., November 7, 1960
D 6WALD PUBLISHING CG., NEW ULM, MINN. A3528
Alderman Brooks arrived at 2:50 P. M.
A letter from William S. LaPlante, Municipal Judge, requesting permission to employ
a deputy clerk to be added to the staff of the Traffic Violations Bureau was read and upon motion
by Gifford, second by Morris, the request was granted. All present voted in favor thereof.
A letter from John Bakke, Personnel Director, requesting that the Council grant Mr.
John Rupkalvis, an employee of the Public Utility Department a leave of absence without pay
from November 2, 1960 through February 2, 1961, this action is necessary to protect Mr. Rupkalvis'
rights as an employee under the Public Employees Retirement Association, was read and upon motion
by Stadler, second by Gifford, the request was granted and Mr. Rupkalvis was granted the requested)
leave of absence. All present voted in favor thereof.
The following letter from the Rochester Airport Commission was read and upon motion byl
Stadler, second by.Gifford, the same was approved (the change order was approved and the purchase
of the meter was authorized):
"The Honorable Mayor and Common Council
City of Rochester
Rochester, Minnesota
Gentlemen:
A meeting of the Airport Commission was held on Tuesday, November 1, at which time
a recommendation of Mr. Marek of the Water Department was discussed.
It was Mr. Marek's recommendation that the well at the airport be equpapped with a
4 inch meter. In view of the fact that the well and pump at the airport are the
sole source of water -for that facility, it was his opin®on,that the instatllation
of a 4 inch meter would make it possible to observe the performance,of the pump,
and consequently maintain it in better operating condition.
Upon motion duly made and passed, the Commission approved Change Order No. 7,
Kirckof Plumbing and Heating Company, for the necessary changes in valves and
piping to accommodate the meter. Cost of these changes.- $257.00. The meter is
to be purchased through the City Department of Utilities at a cost of $280.00 f.o.b.
factory. Total cost.of change - $537.00.
It is recommended that the Common Council approved the change order and authorize
the purchase of the meter.
Respectfully submitted,
/s Fred Schuster
Fred W. Schuster, Chairman"
A letter from Woodhouse Brothers requesting permission to rent four stalls on a
monthly basis at the fire hall parking lot, similar to the arrangenent they had before the parking)
lot was enlarged, was read and upon motion by Wilson, second by Gifford, the letter was referred
to the Public Works Committee. All voted in favor thereof.
A letter from.Minnesota Management Consultant Service regarding the services they havel
to offer in regard to planning budgets, wage and salary classification programs, etc. was read
and upon motion by Brooks, second by Stadler, the aame was ordered placed on file. All present
voted in favor thereof.
A letter from Emmanuel Baptist Church of 2203 - 17th Avenue N. W. protesting the
approval of a license to sell or dispense alcoholic beverages in this area was read and ordered
placed on file. The recommendation of the Public Safety Committee recommending that the request
of John Pervin for an "on" and "off" sale non -intoxicating liquor license at a location adjoining
2323 - 18t� Avenue N. W. be denied was then read. Upon motion by Stadler, second by Morris, the
recommendation was approved and the license denied. All present voted in favor thereof.
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4 Record of Official .Proceedings of the Common Council
of the .-City of Rochester, Minn.,-, November .7, 1960 •
The claim of Ray E. Revier of Forest Lake, Minnesota for damage.to his car caused by
a water hydrant which he felt was so situated that it was impossible to park, amount of claim was
$69.50, was read and upon motion by Brooks, second by Wilson, the claim was referred to the City
Attornqy. All present voted in favor thereof.
- A letter from the -Minnesota Sewerage Works Operators thanking the Council for the use
of the Sewage Treatment Plant for for a meeting and also a tour of the plant was read and President
'Tingley ordered the same placed on file.
The claim of injury of Harriet E. Sjoquist,and Andrew L. Sjoquist in the amount of
$20,000.00 was -read and upon motion.by Stadler, second by Gifford, the same was referred to the
City Attorney.- All present voted in favor thereof.
The recommendation of the City Planning and Zoning Commission stating that they had
reviewed the final plat of Elton Hills Sixth -Subdivision and recommend that this plat be granted
final approval was read. The recommendation further stated that in makging this recommendation they
recognize the need for a solution to the storm sewer problem, which the City Engineer pointsmout
exists in this area, however, they feel that the Common Council can defer any further construction
in this area until this question is solved. Upon motion by Gifford, second by Wilson, this
recommendation was tabled until the Public Works Committee can determine what has to be done in
regard to the storm sewer in this area and whose responsibility it would be. All present voted
in favor thereof.
A letter making application for the transfer of the "On Sale" Intoxicating Liquor
License now held by Joseph W. Hamm to Knutson Hotel Corporation, effective January 31, 1961, was
read. Upon motion by Gifford, second by Stadler, the application was referred to the Public
Safety Committee. All present voted in favor thereof.
The petition signed by Nathan BEmel and Mae Bemel to have the following described
property changed from a residential to a commercial zone was read and upon motion by Wilson, second
by Gifford, the petition was referred to the Planning and Zoning Commission:
"The East 55 feet of Lot 1, all of Lot 7, together with that portion of Lots
Eight, Nine, Ten, Eleven and Twelve lying east of the center line of Highway
No. 63, all in Block 3, of Golden Hill Addition, and
Lots 1, 2,-3, 4, 5, 6, 7, 8 and 9, all in Block 4; Golden Hill Addition, and
That part of vacated Oakside Avenue in Golden Hill Addition lying north of the
center line of 17th Street Southeast -Southwest and wouth of the center line of
16th Street Southeast bounded by 16th St. and 16th St. S.E. and 1st Ave. S.E.
and Highway No. 63 south, plus small area on west side of Highway No. 63."
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A Aetter from the Department of Public Utilities stating that they had approved the
request of Chicago Great Western Railroad for permission to install a radio transmitter on top of
one of the water towers in St. Marys Park with the provision that such permit be granted on a
lease agreement at a price of $1.00 per year was read. A motion was then made by Stadler, second
by Wilson that this be approved at the rate of $1.00 per year and the lease be written to include
that the Chicago Great Western Railroad Company assume liability. All present voted in favor
thereof.
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The following City Engineer's preliminary estimated were each read and President
Tingley ordered the same placed on file:
(a) Preliminary estimate in the amount of $4,266.76 for construction of a
sidewalk on both sides of 15th Ave. N.W. from 22nd St. N.W. to 14th
Ave..N.W. in Elton Hills 3rd and 4th Addition.
(b) Preliminary estimate in the amount of $1,527.80 for construction of a
curb and gutter on the west side of 36th Ave. N.W..from 3rd St. to 3rd .
Place N. W.
(c) Preliminary Estimate for Twin Bridges No. 55503 and 55504 over Cascade
Creek in the amount of $119,123.01.
A letter from Russell S. Carroll.requesting the removal of the curb dividing 19th St.
N. W. from its starting point at the frontage road of Highway 52 to a point at least 125 feet west,
this curbing to be removed is in front -of Lot 1 of Markay Addition, was read and upon motion by
Brooks, second by Stadler, the same was referred to the Public Works Committee. All voted in
favor thereof.
The claim of Mr. Douglas Lybeck in the amount of $114.80 for damage to.his car was
read and upon motion by Stadler, second by Wilson, the same was referred to the City Attorney. All
present voted in favor thereof.
President Tingley declared a recess at 4:00 o'clock P.-M. The meeting was cllaed to
order.at 4:20 P. M. all members being present, except Alderman Wilkus.
The following letter from the Downtown Retail Merchants Association was read:
"To the Honorable Mayor and
Members of the Common Council
City Hall
Rochester, Minnesota
Gentlemen:
At the last meeting of the Mayor's Parking & Traffic Committee, discussion
arose relative to the need for maximum parking facilities during the Christmas
season on Monday through Friday nights in the month of December when the
Downtown stores will be.open until 9:00 P.M. The discussion revealed that the
periods when charges are made in the parking meters on the streets is covered
by ordinance, buty Chairman Drips agreed to consult with City Attorney Ehrick
about the legality of making a change on the parking meters when the stores are
open.
It is now our understanding that the ordinance can be changed by resolution.
Therefore, in addition to the supporting attitude of the Mayor's parking &
Traffic Committee, the Downtown Retail Merchants Association respectfully urges
that you pass the necessary resolution at your earliest convenience so that the
ordinance may be changed to (1) charges will be made on the parking meters on
all nights when downtown stores are opne until 9:00 P.M. and (2) on the same
nights the municipal -parking lots will charge the usual fee and -city employees
will man the parking lots in the usual manner.
Very truly yours,
/s Gordon Peterson, Chairman
Downtown Retail Merchants Assn."
Mr. Gordon Peterson was present and stated that it was quite a simple matter to change and upon
checking into the matter they found that (1) they could just get stickers printed to put over one
side of the meter and (2) part of the signs on the posts on -the streets would•be blocked out with
plain white paper; he said they would like to have this done for Monday through Friday, December 1
through December 23, 1960. A motion was then made by Gifford, second by Brooks, that the City
Attorney be instructed to prepare a resolution -to the effect that the parking meters and,parking
lots will be in operation all the nights that the downtown stores are open, Monday through Friday,
December 1 through December 23, 1960. All present voted in favor thereof.
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56 Record of Official Proceedings of the Common Council
of the City -of Rochester, Minn.,, November. 7, 1960
The recommendation of the City Planning and Zoning Commission that the petition to
establisha uniform minimum building setback line of 25 feet on all lots in Elton Hills 6th
Subdivision had been reviewed and they recommended that the petition be approved was read.. Upon
motion by Stadler, second by Wilson, the recommendation was'approved and a hearing was set for
7:30 P. M. on December 5, 1960., All,present voted in.favor thereof.
The recommendation of the City Planning and Zoning Commission stating that they had
reviewed the final plat of Cascade Center and recommended that the plat be disapproved for the
following reasons was read:
1. Fifth Street N. W. was designed as a major expressway route, with limited
access, leading into the City of Rochester.
2. The right-of-way for this street was acquired with limited access rights
being taken by the City of Rochester.
3. The final plat, as presented, provides for a street entrance onto'Sth
Street N. W. which was not provided for in the original acquisition,of this
limited access right-of-wagy
4. No title opinion was submitted with this plat as required.
A motion was made by Gifford that the recommendation of the Planning & Zoning Commission be
approved; President Tingley declared the motion lost for want of a,second. A,motion was then made
by Brooks,•second by Wilson,,that the recommendation of the Planning &U Zoning Commission be
disapproved and that the final plat be approved and the City Clerk prepare a resolution approving,
the plat of Cascade Center. All voted in favor thereof, except Gifford who voted "no".
The recommendation of the City Planning and Zoning Commission stating that they had
reviewed the ped.tion to change the zoning of the East 150 feet of Lots 9-12, Block 5, Cascade
Manor, less that part of Lot 9 which is used for street purposes from a residential district to a
commercial district and recommend that this zone change be approved with the provision that a
suitable screeining•be constructed along the west line of this property to shield it from its
residential neighbors to the west, and that "No Access" be provided to 5th Street N. W. from this
property was read. A_motion was -then made by Stadler, second by Brooks, that the recommendation
be approved and a hearing be set for 7:30 P. M. on December 5, 1960. All present voted in favor
thereof.
The recommendation of the Public Safety Committee that parking be prohibited at the
following locations, between the hours of 7:00 a.m. and 5:00 p.m. on school days, and that the
City Attorney be instructed to prepare the necessary resolution making these changes was read:
1. on 36th avenue N. W. on both sides of the street in front of the Country
Club Manor Elementary School.
2. on Elton Mills Drive Northwest, on the south side of the street, between
14th and 15th.Avenues.
3. on 15th Avenue Northwest, on the east side of the street, between Elton
Hills Drive and 16th Avenue.
A. motion was then made by Stadler, second by Wilson that the said recommendation be approved and
the City Attorney be instructed to prepare the necessary resolution. All presenp voted in favor
thereof.
The recommendation of the Public Safety Committee stating that they had considered I�
the letter of Mrs. J. Randolph Payton, relative to sidewalk benches and recommend that no action IC
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be taken on this request was read. Upon motion by Stadler, second by Morris, the recommendation.
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was approved. All present voted in favor thereof.
The recommendation of the Public Works Committee and City Engineer stating that they
had conferred with officials of the Hgighway Department regarding the purchase by the City of the
M.H.D. District Buildings and land; and they deem it adviseabte to acquire this property for City
purposes and recommend that the Council tender an offer to the -Highway Department oo purchase this
property and buildings for $100,000 payable over 4 years' in equal installments without interest,
with the first payment in December, 1961; they further recommended that this offer should be made
in the form of a resolution from the Council and,should also ask the Department to initiate the
legislation necessary to authorize this sale if the offer is accepted,was read. upon motion by
Gifford, second by.W-ilson, the recommendation was approved and the City Attorney was instructed
to prepare the necessary resolution. All present voted in favor thereof.
The recommendation of the Public Works Committee that the Common Council appoint Mark
R. Gray to the position of Assistant to the City Engineer, in charge of maintenance effective
December 1, 1960 and that because of the considerable experience that this man has had as a City
Engineer, we further recommend that he be -employed at 100% of the base salary of $8,700.00 per
year was read. Upon motion by Gifford, second by Morris, the recommendation was approved. All
present voted in favor thereof.
The recommendation of the Public Works.Committee and City Engineer recommending
approval of the proposal of E. C. Bather & Associates to furnish the complete engineering and
construction supervision services on Job 6003 (5th St. N.W. Primary Street and Bridges).and that
said Company be engaged for this work was read.. Upon motion by Gifford, second by Wilson, the
recommendation was approved and the Mayor and City Clerk were authorized to sign the proposal.
All present voted in favor thereof.
The recommendation of the Public Works Committee that the City Engineer be authorized
to construct the curb and gutter on the east 60 feet of Lots 26 and 27, Block 2, Hetzel and Hagen
Addition -on a force account basis was read. Upon motion by Gifford, second by Brooks, the
recommendation was approved. All present voted in favor thereof.
The recommendation of the Public Safety Committee that parking be prohibited on the
north side of 16� Street N. W. and on the south side of•17k Street N. W. between 19th and 21st
Avenues; and on the west side of 19th Avenue N. W. and on the east side of 21st Avenue N. W1;
between lq Street and 17� Street between the hours of 7:00 a.m. and 5:00 p.m. on school days'
.was read. 'Upon motion by Stadler, second by Wilson, the recommendation was approved and the
City Attorney was instructed to prepare the necessary resolution making these changes. All
present voted in favor thereof.
The application of Lysne Construction Company for a permit to move a two story house,
28 x 30,'now'located at 410 Second Avenue S. W. to 603 - llth Avenue Northeast over certain city
streets was -re ad. Garnet Spring Building Inspector, stated that he had checked this and found it
to be O.K. Upon motion by Wilson, second by Brooks, the permit was granted, said house to be
moved under the supervision of the Building Inspector and Chief of Police. All present voted in
favor thereof,
58 Record of Official Proceedings of the Common Council
of the. City of Rochester, Minn., November 7, 1960' •
The application of Leslie W. McEathron for a Master Electricians License and the
applications of Chester.R. Vale, Maurice F. Brown and Charles B8lderback for Journeyman
Electricians license were each read. Upon motion by Stadler, second by Wilson, the licenses were
granted. All present voted in favor thereof.
The application of Bob Saterdalen for a license to buy junk in the City of Rochester
was read and upon motion by Morris, second by Brooks, the same was referred to the Public Safety
Committee. All present voted in favor thereof.
The -application of Lesmeister Bros. for a permit to move a house from 913 - 5th Street
N. W. to three miles north of the City limits over certain city streets was read. Garnet Spr8ng,
Building Inspector, reported that he had checked -this and found it to be-O.K. Upon motion by
Wilson,. second by Brooks, the permit was granted, said house to be moved under the supervision
of the Building Inspector and the Chief of Police. All present voted in favor thereof.
The applications of Adeline Grother for a license to sell•cigarettes•and and "on sale"
non intoxicating malt liquor license were each read and upon motion by Wilson, second by Morris,
the same were referred to the Public Safety Committee. All present voted in favor thereof.•
The report of the City Weighmaster for the month of October, 1960 showing fees
collected for loads weighed in the amount of $101.60 was read and President Tingley ordered the
same placed on file.
The reports for the month of October, 1960 of the puilding Inspector showing fees
collected for building permits $1,01�.90;,of the Electrical Inspector showing fees collected for
electrical permits issued $348.00; of the Plumbing Inspector showing fees collected for plumbing
permits issued $42.00; of the Heating Inspector showing fees collected for heating` permits issued
$381.25 and fees collected for sign permits $15.80, were each presented and President Tingley
ordered the same placed on file.
The reports of the Clerk of Municipal Court for .the week ending October 21, 1960
showing total criminal fines and costs collected $2,477.00 and civil fees received $11.25 and for
the week ending October 28, 1960 showing total criminal fines and costs collected $2,966.16 and
civil fees received $22.25, were each read and having been approved by the City Attorney, President
Tingley ordered the sams placed on file.
Upon motion by Morris, second by Wilson, the meeting was adjourned until 7:30 P. M.
President Tingley called the meeting to order at 7:30 P. M., the following members
being Present: President Tingley,.Aldermen Brooks, Gifford, Morris, Stadler, Wilson. ,Absent:
Wilkus.
.President Gingley stated this as being the time and place set for a hearing on the
requested change of zoning on Lots 1 and 2, less the north 60 feet of Lot 2, Block 1, Elliott's
Subdivision from a multiple
dwelling zone to a
commercial zone(1025 -
2nd Street S.W.).
_Mr. Art
Swan, Attorney representing
the petitioners was
present and -urged that
the Council grant
this
change, he said there was already -an oil station here operating,as non -conforming and did not
feel that the issue wps whether an oil station could be placed here but whether a new modern
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Record of Official Proceedings of the Common Council 59
of the City of Rochester, Minn., November. 7, 1960
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station could be placed here; also he stated that because there would be an additional lot there
would be some off-street parking provided; he said the question of spot zoning had come up but
that there was already commercial zone immediately across the street; he also shoved the Council
plans.and pictures of the proposed new station. Mr. George Grieve of 110 - llth.Avenue S. W. was
present and opposed the zone change, he said he did not think that the question was what they
were going to do but what damage it would do to the property owners in this neighborhood. Mr.
.Paul Grassle, Sr. spoke in behalf of those opposing the petition, stating that these people had
lived here and paid taxes for many years and thought that they should be given some consideration,
Also a letter from Mrs. Marion Dubbels of 1002 - 2nd St..S. W. opposing the zoning change was
read. After hearing those present, President Tingley declared the hearing officially closed.
The recommendation of the Planning & Zoning Commission that the petition be granted with the
condition that the owners of the property construct a proper wall on the east and north property
lines for screening purposes from the adjacent property was again read. .A motion was then made
by Gifford, second by Brooks, that the recommendation of the Planning & Zoning Commission be not
approved and the zone change be denied; upnn roll call Brooks, Gifford and Wilson voting "aye"
and Morris, Stadler and Tingley voting "no", President Tingley.declared the motion lost. A
motion was then made by Brooks, second by Gifford, that the recommendation of the Planning &
Zoning Commission be approved and the City Attorney prepare an ordinance making the requested
zone change; upon roll call Brooks, Gifford and Wilson voting "no" and Morris, Stadler and
Tingley voting "aye", President Tingley declared the motion lost. R. V. Ehrick, City Attorney,
stated that in view of the division of the Council further proceedings on the petition to rezone
did not appear warranted.
President Tingley stated this as being the time,and place set for a hearing on the
construction of a curb and gutter on the East 50 feet of Lots 26 and 27; Block 2, Hetzel & Hagen
Addition. There was no one present wishing to be heard. President Tingley declared the hearing
officially closed.
A petition signed by Robert M. Conway, G. John Thumann and.Fredia A. Thumann to have
the following described property changed from a residential to a multiple dwelling zone was read:
"Commencing at a point on the north line of 4th Street Northwest (formerly 9th
Street) in Cummings Addition to Rochester; Minnesota, 56 feet west of the east
line of 7th Avenue Northwest (formerly Grant Street), thence north parallel
with east line of said 7th Avenue Northwest, if extended, 122 feet, thence east
36 feet, thence north parallel with the east line _of said 7th Avenue Northwest,
if extended, 36 feet, thence west 63.15 feet, thence southwesterly 39.75 feet
to a point 100 feet west of the east line of said 7th Avenue Northwest, if
extended,,and 122 feet north of the north line of said 4th Street Northwest,
thence south parallel with said east line of said 7th Avenue Northwest, if
extended, to north line of said 4th Street Northwest, thence east to the
beginning (629 -4th Street N.W.)."
Upon motion by Brooks, second by Stadler, the petition was referred to the City Planning &
Zoning Commission. All present voted in favor.thereof._
The recommendation of the Public Safety Committee recommending that no action be
taken at this time on the request of the Retail Selling Committee of the Downtown Rochester
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60 Record of Official Proceedings of the Comrrion Council
of the City of . Rochester, Minn., November 1, 1960
I._Ret Retail Merchants Associationto.enact an.ordinance limiting various types of Sunday
I-retai-I selling; .the recommendation was made on the following grounds: _
1. Serious doubt exists as to ,the constitutionality of the Sunday closing.
laws as evidenced by the conflict in the decisions of the Bederal Circuit
Courts of Appeal and the forthcoming appeal to the Supreme Court of the ..
United States to be heard at this term of court.
2...The.Sunday closing laws in -the state statutes provide an adequate interim
coverage of the subject.
Upon motion by Stadler, second by Wilson, the recommendation was approved. All present voted in
favor thereof.
The recommendation of the City Planning & Zoning Commission stating that they had
reviewed the petition to change the zoning of the Bemel property from. a residential to a commercial
district (as described in the owners petition) and recommend that the following described properties
be changed from a residential district to a commercial district was read:
Those portions of. Lots.7, 8, 9 and 10, Block 3,_ Golden Hill Addition.
which lies east of U. S. 63, that part of vacated Oakside Avenue
which is not -included in the right-of-way for 16th.St. S.E.,or U.S.
63 and all of Block 4, Golden Hill Addition.
Upon motion by Stadler, second by Morris, the recommendation of the City Planning & Zoning
Commission was accepted and a hearing was set for 7:30 P. M. on December 5, 1960. All present
voted in favor thereof.
The recommendation of the Public Safety Committee recommending that the petition
requesting the Common Council to adopt an ordinance allowing the placing of ornamental flower boxes
over or upon the public sidewalk be denied, on the following grounds, was read:
(1) Such flower boxes would constitute an unwarranted obstruction to free
_ passage 'on the public sidewalks and would constitute an unncessary hazard
to the public.
(2) The difficulty of regulating the size,.shape, placement and maintenance of _
such flower boxes would cast a substantial additional burden on the
Inspec.tor's office.
(3) The placement of such flower boxes on the sidewalk would constitute'an
intentional obstruction and.would require the City to maintain special
reserves or procure public liability insurance to protect itself against
n claims resulting from injuries due to such boxes.
(4) In the Common Council's past experience, a similar Bequest to place
evergreens on the public sidewalks did not meet with any substantail
public support.
Upon motion by Stadler, second by Wilson, the recommendation of the Public Safety Committee was
approved. All present voted in favor thereof.'
The license bond of Leslie W. McEathron in the amount of $1,000.00 with the Western
Surety Company wa surety was read and upon motion by Brooks, second by Wilson, the bond was
approved, the qurety thereon accepted and the sgme was ordered placed on file.
The contract bond of H. T. Earle Sr. in the amount of $1,202.45 with Fidelity and
Deposit Company of Maryland as surety was read and upon motion by Brooks, second by Wilson, the
same was referred to the Mayor for approval.
A motion was then made by Gifford, second by Stadler, that the motion made this
afternoon referring the petition signed by Nathan Bemel and Mae Bemel to have their property
changed from residential to commercial zone to the Planning & Zoning Commission be rescinded. All
present voted in favor thereof.
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Record of Official Proceedings of the Common Council 611
of the City of Rochester, .Minn., November. 7, 1960
OSWALD PUBL19HIND CD., NEW LILM, MINN. A352B
The following claims were each read and upon motion by Morris, secqnd by Wilson, the
same were approved and the Mayor,and'City..Clerk were authrofzed and directed to draw warrants upon
the.City Treasurer and make payments accordingly:
From the General Fund: Dennis Mulholland, $15.00; Alex P. Smekta, $170.25; Trautneri
Sales,I$9.10; Richard.O..Roth, $3.00; Tom Moore, $16.50; Superintendent of Documents, $15.00;
American Municipal Congress, $90.00. N. W. Bell Telephone Co., $20.05;,American City Magazine,
$4.00; Adams, $1.3.9; Town.of West Hartford,,$1.00; Fire & Safety, $17.50; Borchert Ingersoll, Inc.
$85.16; The Johnson Co.,.$25.40; Trautner Sales Company,,$77.62; H. A. Rogers Co., $77.50; Francis
McGovern Agency $92.86; Quarve & Anderson, $9.00; Whitings Printers, $47.38; Hentges Glass Company,
$11.00.; Harry Evans, Register'of Deeds, $84.55; Albert J. Tingley, $22.80; Glendale Ind. Inc.,,.
$86.20; Twin City Testing & Engineering, $85.00; Russell C. Andrews, $111.00; J. A. Mitchell
Welding, $192.78; Burroughs -Corp.,. $13.15; Bobbs Merrill Co., $18.75; Retail Credit Co., $11.75;
Rochester Personnel.Assn., $5.00; O1son,Photographic Supplies, $9.00; Squires,Electric Co., (0.75;
Camera Center, $1.11; Lesmeister Bros., Inc., $100.00; Mayo Clinic, $38.00;,Robert Blakely, $92.57;
Donald.Mulholland, $89.25; Barrack No., 923,' $80.40; Simplex Time Recorder,,$30.25; Pitney Bowes,
Inc. $20.00;.Construction Bulletin, $30.00; Wm. M. Rye, $23.00;-Olmsted Medical Group, $11.60;
Oswald Publishing Co., $57.50; Cranston Typewriter, $2.00; Garnet Spring, $47.03;,Walter Gordon,
$43.80; Gharles Dornack,,$46.50; Wm. L. Burrows, $46.13;.Charles A. Campbell,. $57.40; Beckley
Business Equipment, $34.00; Clerk of Municipal Court, $17.54; Thiem Signs, $112.25; Holm & Olson,
$80.00; Marie-Hildestad, $168.00; Marie Bolton, $171.00; Monroe Calculating Machines,.$46.00;
Alfred Nelsen, $34.80; International Assn. Assessing Officers, $2.00;.14athew Bender & Co. $14.00;
Marvin Law•Book Co., $25.00; R. C. Drips Grocery, $88.00; Larry Lentz, $129.00; Briese Steel &
Bldg. Co., $6.0 6; Ace Hardware, $28.92; Peoples Natural Gas Co., $5.92; Witte Transportation Co.,
$24.17;. Peoples Natural Gas�Co., $67.17; National Bushing & Parts, $2.24; Monte's $23.95; Reeves
Drug Store, $10.85; Schmidt Printing Co., $152.15; Thiem,Sings, $15.00; Dieter Paper & Marine,.
$21.60 and Railway.Express,,$2.31.
From the Street & Alley Fund:. Ace Hardware, $4.98; Peoples.Natural.Gas Co., $79.31;
Phillippi Equipment Co., $110.52; Cities Service Oil Co., $34.20; Fullerton Lumber Company, $7.75;
Bement Cahill Equipment, $143.27; Ruth Bernard, $145.25; Neal Hofstad Insurance, $102.37; C.-O.
Brown Insurance Agency, $100.97; Doyle Conner Co., $102.30; The Zeco,Co., $9.53; L. N. Sickel-.Co.,
$83.00; Gopher Stamp & Die Co., $72.25; Allen Truck & Implement Co.,.$7.47; Truck Service, $10.99;
Universal Motors, Inc., $24.89; Cooperative Oil Co., $25.97; Dodge Lumber, $9.60; Socony Mobil Oil
Co:, $139.76; Witte Transportation Co., $6.53; Harold Auto Electric, $3.15; National Bushing &
Parts, $4457; Monte's $7.23; Scharf Auto Supply, $25.70; Anderson Radiator, $6.00; Gopher Welding
Supply, $37436; National Bushing & Parts, $34.46; Gopher Wilding Supply, $21.63.
From.the Fire Protection Fund: Ace Hardware $25.16; Peoples Natural Gas Co., $22.84;
John S. Haider, $135.00; Reuben Schmugge, $40.00; Dieter Paper & Marine, $128.45; Scharf Auto
Supply, $9.68; Hayes Lucas Lumber Co., $1.60; Herbert Knopp Agency, $126.14; Culligan.Water
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62 Record of Official Proceedings of the Common `Council
of the City of Rochester, Minn., November 7, 1960 •
MEWALD PUBLISHING CO., NEW ULM, MINN. A3528
Conditioning, $4.50; Railway Express, $3.34; Anderson Radiator, $1.80; Gopher Welding, $31.60;
E. J. Klampe Co., $75.40; National Bushing & Parts, $74.15; E. J._Hand Secretary, $12.00; Big
Four Oil Company, $48.58; Hart Hatchett, $32.00;.Adair Electric, $5.85; Standard Oil Co., $26.93;
Kenneth Stoltenberg, $143.15; Disons.Cleaners, $88.15; Hoyt Electrical Instrument Works, $6.49;
Linda Supply Co., $14.45; United Chemical Co., $62.00; National.Fire Protection Assn., $36.50; and
Gopher Welding Supply $173.64.,
From the Police Protection Fund: Leo N. Herrick, Jr. $91.30; Scimnitt Music Co.,,
1 • Olmsted County Business.Mens Assn., $12.00• Clements Chevrolet Co. ,$166.75; Gibbons I
Printing, $53.90; Harold -Auto Electric, $79.15; Adamson Motors, $133.35; Universal.Motors, $2.60; (
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Shootertogs, $21.25; Leo N. Herrick & Sons, $5.25;-Federal laboratory Inc., $117.34; Esterline
Angus "Com anY, •$43.47, Won s Cafe $14.95; Osco Payless Drug, $23.12> Johnsons Standard, $26.34>
Olmsted County Business Mens Assn., $6.00; Filmshops, Inc., $85.40; T. 0. Wellner, M.D. $70.00;
Minit Car Wash, $25,75; Carl J..Briese.,,$24.85; Kenneth W. Link, $25.05;..C. R. Holland, $80.00;
National Bushing, $12.48;.Capital Eat Shop, $.60; National Safety Council, $7.50; Treas.,Minnesota j
Chief Police Assn., $5.00; Rebuen Rieck, $65.00; Monte's $20.74; and Reeves Drug Store, $8,06. ?
From the Sewer Fund: Ace Hardware, $3.09; Peoples Natural Gas Co., $4.84;.Doyle
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Conner Co., $74.55;.Dodge Lumber Co., $40.00; Neenah Foundry Co., $120.00; McKesson & Robbins, $35.82;
$,ittrup Nielson, $30.00; Michel Sales Co.; $83.90; Monson Dray Line,,$33.71; Woodruff Co., $47,.98;
Walker Hardware, $23.82; Viker & Sorenson, $32.00; Rochester Sand.& Gravel, $10.00; Foster
Electric Co., $28.20; Witte Transportation Co., $11.44; Peoples Natt;ral Gas Co., $4.72; Gibbor)s
Printing,$54.00 and Monte's $3.71.
From the Auditorium Fund: Cal Smith, $14.55; Americen Linqn Supply, $11.00; N. W.
Bell Telephone Co., $86.70; General Trading Co., $6.09; Gopher; Wilding Supply, $10.74; Squirqs
Electric, $3.42; Alpek Sheet Metal.Works, $8.70; Williams Pr$nting,Co., $18.10; Arnolds Supply
Anderson, $12.60; Foster Electric, $4.88; The Billboard Pgblishing Co.,
Co.,. $12.50; Quarve and
$125.00; Firestone Stores, $33.90; City of Rochester, Public Ut4li�ies, $47.04 and Peoples '
Natural Gas Co., $22.`60.
From the Music Fund: Fred young, $24.00; Barbara Sylling, $(.50; Irving Berlin
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Corp., $4.00; Broude Bros., $2.84; Harold Cooke, $2.00; Alice Scharlow, $19.35; Wm. Zesiger,
$18.00; Patricia Nelson, $18.00; Florence_Hiller, $18.00; Sigrid Kraft, $18.00; Gary Korpela,
$22.80; Kenneth Swanson, $36.00; Jerry Kehmeier, $26.40; Eugege Dunlap, $53.00; A..W: Dieter,,
$23.00; John A.. Miller, @22.00; Rod Ellelckson, $5.70; Theodore Brunsqn, $40.00; Gordon Danuser,
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$12.60; Walter Gludt, $18.00; Jack Boman, $11.40; Howard Va4 Sickle, $8.00; Ivan Policoff, $30.00; ,
Wm. -Watson, $12.00p Martha Clagett $18.00; Dqnald Gjerdrum, $25.00; Robert Stroetz, $48.00; f
Carl Fischer, Inc., $7.72; Sandra J. Roccoli, $18.09; Interlochen Press, $6.88; Wm. T.-McCoy Post
American Legion, $34,00; Rochester,Chamber of Commerce,.$20.00;.Bach.Music Company, $12.50. r
From the Parking Meter Fund: Ace Hardware, $7.47; The Woodruff Co., $61.98;
Monte's, $1.95; National,Bushing & Parts, $13.88; Doreings Skelly Service, $13.50; Land & Lake
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Sporting, $4.20; J. W..Neff Lab..Inc., $70.08; Alexander Auto Electric, $4.01; Gopher Stamp &
Die Co.,, $199.19; Schmidt Printing Co., $22t70; Rochester Visitor,, $10.00; Thiem Signs, $174.,60;
Williams Printing, $12.50; Sherwin Williams, $23.48; Universal Motors, $12.82; H & H Electric,
$34.65; National Bushing & Parts, $6.21; The Kruse, Co., $33.30; Rochester Sand & Gravel; $36.00;
Street & Alley Fund, $2�9.60 and H & H Electric Co., '$172.48.
From, the Park Imrp dvement Fund: Herbert Knopp Agency,.$69.20; Peoples Natural GAS
Company, $14.08; N. W..Bell Telephone Co.,, ,$487.90; Home Gas Company, '$1.75; Velie Ryan, Inc.,
$155.32; R. C. Drips Grocer, $16.26; Rochester Bread Company, $11.44; Rochester, Gas Appliance,
$2.90;, Clutch & Transmission Service, $7.28; Wm. Van Hook, $6.42; T & T Supply, $20.10; Wabasha
Implement Co., $65.54; T & 'I Supply Co.,, $65.54; Allen Truck & Implement Co., $2.093; Borchert
ngerasoll, $6.20; Midwest Mobile Home, $3.50; Firestone STorea, $,47.98; Nelson Tire Co., $,20.95;
National Bushing & Parts, $27.76; Home Saw Company, $,92.72;'Gopher.Welding Supply, $26.88; 8ocony
Mobile Oil Co., $184.92;'Staridard Oil Company, $76.92; Ace hardware, $5.26; Dodge Lumber Company,
$17.90; J. B,. Seb'rell, $42.80; Sears Roebuck & Co., $,4.59; Fanno Saw Works, $47.81; Kruse Lumber
Co., $40.68; Squires Electric Co., $5.50,; Henry Christensen, $66.00; Glen Garwood Ranch, $84.00;
Red"Wagon, $100.00; Stoppel Feed, $96.2'0; S.-M. Supply Co.,' $41.50; Wallace & Tiernan Inc., $9.70;I',
Globe Ticket Co., $125,.79;`Foster Electric, $79..65; Williams Printing Co., $46.00; Alexander Auto
Electric, $1.05; Minn.. Toro," Inc., *$$,61.66; Monson Dray Line, $5.50,; Quarve & Anderson, $24.70;,
American Linen, $30.26;" 0 & 0 Sporting Goods, $29.50; National Shade Tree Conference, $10.00;
Monte's $4.85; Olmsted Medical Group, $38.50; Reichert Refrigeration, $4,.50.; Suzanne R. Meister,
$6,93; City of Rochester, P.. U., $69.64.
From the F.`E. WillWns Estate Fund: The Kruse Company, $14.25.
The following resolutions were each introduced and read and upon motion made and
seconded and all voting in favor thereof, President Tingley declared the same duly passed and
adopted:
Resolution levying special assessments for the removal of garbage and filthy material
for the year 1960. Upon motion by Brooks, second by Stadler,'resolution adopted.
Resolution levying special assessments for the use and service of the sewage system
for the year 1960,. Upon mot-ibn by Wilson, second by -Brooks, resolution adopted.
Resolution authorizing the Mayor and City Clerk to execute change order.No. 7 for
Kirckhof Plumbing and Heating'Company for the new Rochester Municipal Airport. Upon motion by
Morris, second by Wilson, resolution adopted.
Resolution approving plans and specifications,and ordering -City Engineer to carry on
all work in connection with the construction of a curb and gutter on the East 50 feet of Lots 26
and 27, Block 2, Hetzel & Hagen Addition. Upbn motion by Brooks, second by $taller, resolution
adopted.
Resolution authorizing and directing the Mayor and City Clerk to"execute.proposal of
E. C. Bather & Associates fo furnish engineering and construction supervision of 5th Street N.,W.
Primary street and bridges. Upon motion by Wilson,, second by Brooks, resolution adopted.
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., November 7, 1960
Resolution $1,698.00 -the General Fund and,ordering'payment made
appropriating from
to Le S. Donaldson Company•$318.00;'Friden, Inc. $780 40 and Mayor's Contingent Fund $600.00. Upon
motion by Wilson, second by Stadler, resolution adopted.
Resolution appropriating $85j800.00 from the General Fund and ordering payment•made
to Treasurer, State of Minnesota.. Upon motion by Stadler, second by Wilson, resolution adopted.,
Resolution appropriating $166.24 from the General Fund and $6,139.58 from the Lighting
Fund and ordering paymentmade to City of Rochester, P.U., Upon motion by Wilson, second by Brooks,
resolution adopted.
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Resolution appropriating $3,122.19,from the Park Improvement Fund and $1,055.52 from
the Parking Meter Fund k and ordering payment made to E. ,i.•Vonch $706.60; Rochester Sand & Gravel
$3,264.92 and Briese Steel $Z06.19. Upon motion by Morris, second by Wilson, resolution adopted.
Resolution appropriating $317.70 from the General Fund and ordering payment made to
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Peoples Cooperative Power Association. Upon motion by Wilson, second by Brooks, resolution adopted.
Resolution appropriating $674.76•from the Fire Protection Fund and $95.00 from .the
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Sewer, Fund and ordering payment made to Fire & Safety Inc. Upon motion by Gifford, second by
Brooks, resolution adopted.
Resolutions appropriating $319.97�from the General Fund, $566..45 from the S & A Fund,
$6.19 .from the Fire Fund, $271.10from the SewerFund and $.69.30 from the Parking Meter Fund and
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orderingpayment made to Rochester Ready Mix Concrete $379.15; Rochester Sand & Gravel $517.80 and
The Kruse Company $336.06.. Upon motion by Wilson, second by Gifford, resolution adopted.
Resolution appropriating $286.76 from the General Fund,,$426.23 from the Fire Fund
and $13.24 from the Parking Meter Fund and ordering payment made to Stanley F. Drips, Postmaster
$300.00 and S'. M. Supply Company $426.23. Upon motion by Stadler, second by Wilson, resolution
adopted.
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R Resolution appropriating $2,538.41 from the Street & Alley Fund and ordering payment
made to Francis V. McGovern $381.50; Quarve & Anderson $1,425.00; C. M. Boutelle & Sons $341.25 and
Firestone STores,. Inc. $390.660. Upon motion by Brooks, second by Wilson, resolution adopted.
Resolution appropriating $557.90 from the Police Protection Fund and $249.32 from
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the Parking Meter Fund and ordering payment made to Magee Hale Park-O-Meter $249,.32; Gerald
Kingsley $263.83 and Posteir & Eggers $294.07. Upon motion by Gifford, second by Morris, resolution
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Resolution appropriating $2,952.92 from the Permanent Improvement Fund and ordering
payment made to Patterson Quarries, Inc. $573.7.5 and E. C. Bather & Associates $2,379.17. Upon
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b tadler, resolution adopted.
motion by Brooks, second y S P
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Resolution appropriating $1,144.67 from the General Fund and ordering payment made
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to Minneapolis Blue Printing Company $320.22; Quality Printers.& Stationers $290.75; Allen„ Delaney
& White $200.00; and Board oflPark Commissioners $333.70. Upon motion by Stadler, second by
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Morris, resolution adopted.
Resolution appropriating $2,628.27 from the General Fund, and ordering payment made.
to Standard Oil Company $2,019.81; City of Rochester, P.U., $372.68 and Leitzen Concrete Products ;� •
• Record of Official Proceedings of the Co- mriiori'Coundil
of the City of .Rochester, Minn., November. 7, 1960
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Co., $236.18., Upon motion by Stadler, second by Brooks, resolution adopted.
Resolution appropriating $2,188.86 from the General Fund and ordering payment made
to Ace Linoleum Shop $245.00; Rochester Airport Company $1,649.86 and Edwards Sheet Metal $294.00.
Upon motion by Wilson, second by Brooks, resolution adopted.
Reso Resolution appropriating $71,363.54 from the General Fund and ordering payment made
to State Treasurer for P.E.R.A. Upnn motion by Wilson, second by Morris, resolution adopted.
Resolution appropriating $275.00 from the General Fund and ordering payment made to
Meagher, Geer, Markham and Anderson. Upon motion by Wilson, second by Gifford, resolution adopted
Resolution appropriating $664.00 from the General Fund and ordering payment made to
Viktor 0. Wilson, M.D. Upon motion by Gifford, second by Morris, resolution adopted.
Resolution appropriating $4,872.54 from the General Fund and ordering payment made
to Val Bjornsoh, State Treasurer. Upon motion by Brooks, second by Wilson, resolution adopted.
Resolution appropriating $1,410.05 from the General Fund and -ordering payment made
to Carlisle G. Fraser,'Inc. Upon motion by Stadler,•second by Wilson, resolution adopted.
Resolution appropriating $1,295.96 from the General Fund and ordering payment made
to Carlisle G. Fraser, Inc. Upon motion by Morris, second by Brooks, resolution adopted.
Resolution appropriating $3,113.00 from the P.I.R. Fund and ordering payment made
to Carlisle G. Fraser, Inc. Upon motion by Gifford, second by Wilson, resolution adopted.
Resolution appropriating $6,067.69 from the P.I.R. Fund and ordering payment made to
Leon Joyce, Inc. Upon motion by Wilson,'second byh Brooks, resolution adopted.
Resolution appropriating $34,307.37 from the P.I.R. Fund and ordering payment made
to Leon Joyce, Inc. Upon motion by Gifford, second by Brooks, resolution adopted.
Resolution appropriating $815.05 from 'the P.I.R. Fund and ordering payment made to
Leon Joyce, Inc. Upon motion by Wilson, second by Gifford, resolution adopted.
Resolution appropriating $6,564.65 front the P.I.R. Fund and ordering payment made tc
Co M. Boutelle & Sons. Upon motion by Wilson, second by Gifford, resolution adopted.
Resolution appropriating $15,339.57 from the P.I.R. Fund and ordering payment made
to Carlisle G. Fraser, Inc. Upon motion by Wilson, second by Gifford, resolution adopted.
Resolution appropriating $3,574.26 from the P.I.R. Fund and ordering payment made
to Carlisle G. Fraser, Inc. Upon motion by Morris, second by Brooks, resolution adopted.
Resolution appropriating $7,994.73 from the P.I.R. Fund and ordering payment made
to Littrup.Niebon, Inc. Upon motion by Gifford, second by Wilson, resolution adopted.
Resolution appropriating $343.50 from the P.I.R. Fund and ordering payment made to
Agneberg-Sankstone-Forsberg. Upon motion by Wilson, second by Gifford, resolution adopted.
Resolution appropriating $1,543.83 from the P.I.R. Fund and ordering payment made
to E.C. Bather & Associates. Upon motion by Wilson, second by Gifford, resolution adopted.
Resolution appropriating $11,607.75'from the Permanent Improvement Fund and orderi
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payment made to Kirckof Plumbing Co. Upon motion by Wilson, second by Brooks,,resolution adopted.
Resolution appropriating $305.43 from the Sewer Fund and ordering payment made to
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Carlisle G. Fraser, Inc. Upon motion by Brooks, second by Wilson, resolution adopted.
Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., November 7 , 1960 •
OSWALO PUBLISHING MINN. A8528
Resolution appropriating $3,438.22 from the P.I.R. Fund and ordering Vayment made
to Rochester Sand & Gravel Company. Upon motion by,Wilson, second by Brooks, resolution adopted.
Resolution appropripting $12,512.16 from the Permanent Improvement Fund and ordering
payment made to Rochester Sand & Gravpl Company. Upon motion by Wilson, second by Gifford,
resolution adopted. I
Resolution appropriating $1,800.00 from the General Fund and ordering payment made
to Ladislas Segoe & Associates. Upon motion by Gifford, second by Morris, resolution adopted. Upon
roll call all present voted in favor thereof, except Wilson and Tingley, who voted "no".
Resolution appropriating $463.59 from the Permanent Improvement Fund and ordering -
payment made,to Ellerbe & Company. Upon motion by Brooks, second by Gifford, resolution adopted. jll
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Resolution appropriating $1,755.62 from the Sewer Fund and ordering payment made to 1
LyAn Chemical Company $513.00; McKesson & Robbins, $342.00; Green Bay -Foundry $200.62 and Adler j
Steel Products $700.00. Upon motion by Wilson, second by Brooks, resolution adopted.
Resolution appropriating $436.28 from the General Fund, $12.80 from the S & A Fund, I�
$40.90 from the Fire Fund and $310.70 from the Police Fund and ordering payment rra de to N. W. Bell
Telephone Company. Upon motion by Brooks, second by Gifford, resolution adopted.
Resolution appropriating $1,875.78 from the General Fund, $5,672.85 from the S & A �I
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Fund, $,45.23 from the Fire Fund, $438.00 from the Sewer Fund, $202.08 from the Parking Meter Fund
and $99.20 from the Permanent Improvement Fund and ordering payment made to H & H Electric Company
$204.22; Sanitary Company $275.39 and S &U A Fund $8,078.25. Upon motion by Morris, second by
Brooks, resolution adopted. . ,
Resolution appropriating $2,102.70 from the Street & Alley Fund and ordering payment
made to Doyle Conner Company $1,218.90 and H. T.-Earle $883.80. Upon motion by Morris, second by
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Brooks, resolution adopted.
Resolution appropriating $29.64 from the Park Improvement Fund and $222.11 from the
Lighting Fund and ordering payment made to City of Rochester, P.U. Upon motion by Stadler, second
by Morris, resolution adopted.
Resolution referring improvement petition for determination of -adequacy, feasibility
report and recommendation for construction of a curb and gutter on the west side of 36th Avenue
Northwest from 5th Street to 6th Street Northwest. -Upon motion by Gifford, second by Stadler,
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resolution adopted.
Resolution setting salary of Deputy Clerk for Traffic Violations Bureau in the
amount of $3,200.00 a year for the year ending December 31, 1960. Upon motion by Gifford, second
by Stadler, resolution adopted.
Resolution fixing salary for Assistant to the City Engineer, in charge of mainten-
ance �n the amount of $8,700.00 a year for the year ending December 31, 1960.
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Stadler, second by Gifford, resolution adopted.
Resolution accepting the plat to be known as Cascade Center.
Upon motion by
Upon motion by Wilson,
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second by Morris, resolution adopted. Alderman Gifford voted "no".
Resolution referring improvement petition for determination of adequacy, feasibili
report and recommendation for street grading and surfacing.and 'construction of sanitary sewer and "
water main, storm sewer and service connections in Cascade Center. Upon motion by Stadler, second
by Wilson, resolution adopted.
A letter frointhe State of Minnesota, Department of Highways, stating that they
had received the resolution requesting that consideration be given to the construction of a
pedestrian overpass on Trunk Highway"52 between 7th Street N. W. and llth Avenue N.W. and that it
would be necessary for that Department to make a thorough study of this request before a final
report can be made, was read. They further stated that they would notify the City as -soon as an
investigation has been completed. ..President Tingley ordered the letter placed on file.
The matter of Mr. L..Stellmacher moving a frame house into the fire limits, which
had been tabled this afternoon, was again discbssed. R.V.Ehrick, City Attorney, reported that the
National Building Code contained the same provisions that the city code did and did not feel that
there was any provision for exception. _Upon motion by Morris, second by Wilson, this matter was
referred to the Public Work's Committee and City Attorney for stpdy and recommendation. All present
voted in favor thereof.
'Alderman Wilson introduced the following resolution which was read:
"Be_it resolved that the Common Council of the'City of Rochester go on record
officially as opposing the inclusion of the Gamewall System of Fire Alarms in the
standards used by the National Board of Fire Underwriters in rating muhicipal fire
protection in residential areas.
Be it further resolved that the American Municipal'A.ssociation Committee on
fire insurance grading be furnished a copy of this resolution and by this resolution
be advised'that the basis for this resolution is the fact that Gamewell System has
proven to be more hazardous than helpful as evidenced by the Minneapolis experience
of 94% false alarms turned in by this sytem." `
A motion was made by Stadler, second by Morris, that the k said resolution be adopted as read and
all voting in favor thereof, President Tingley -declared the "safne`duly passed and k adopted.
° Alderman Wilson introduced the following resolution which was read:
"WHEREAS, Mrs.. Florence M. Theel as the owner of the land hereinafter described
has appealed from the decision of the Building Inspector relative to the use to which
land can be put and has petitioned the Common Council to grant a variance in accordance
with the provisions of Section 10 of the Zoning Ordinance of the City of Rochester, and
WHEREAS, by notice duly published a hearing was'held in the Council Chambers on
the Second Floor of the City Hall on Octpber 17, 1960 at which hearing all persons
interested in the requested variance were given an opportunity to be heard, and '
WHEREAS, the land.hereinafter described izs zoned in the Residential District
but has a commercial building constructed thereon and -was; until recently, being operated
as a grocery store under the non -conforming use exceptions of the Zoning Ordinance, and
WHEREAS the said commercial building has substantial value and useful life
remaining and no harm would result to the surrounding neighborhood if other uses were
authorized similar to the former use bf the property as"a grocery.store.
NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester,
after due consideration, that under the authority contained in subparagraph (k) of
Section 10 of the Zoning Ordinance of the City of Rochester, the following described
land in Olmsted County, Minnesota, to wit: '
The West 1062 feet of Lot One (1) and the West 20 feet of the East
60 feet bf Lot Two (2), Block Two (2), Cummings Addition to Rochester.
is hereby authorized to be used for a grocery, meat market, pharmacy, drug store, .
barber shop, beauty parlor, clothes cleaning and laundry pickup station, upholstery
shop and any other retail business or service establishment supplying commodities
68 Record of Official Proceedings of the Common Council
of the City. of Rochester, Minn., November 7, 1960 •
CISWALD PUBLISHING CD., NEW LILMM MINN A3528
or performing sgrvices primarily for the"resioents of the neighborhood on
a day-to-day basis, such other retail busness or service uses to be first
approved by the Common Council."
A motion was made by Gifford, second by Wilson, that the said resolution be adopted as read and
all voting in favor thereof, President Tingley declared the said resolution duly passed and adopted.
Alderman Wilson introduced a resolution amending the,resolution establishing
parking and parking meter regu]&ions and provisions pursuant to Ordinance No. 871, as follows,
which was read:
Section (5) PASSENGER LOADING ZONES, is hereby amended by adding
thereto Subsectign Gn to read as follows:
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cn. On 4th Avenue Southwest on the west side of the Street
between 2nd Street and 3rd Street, 35 feet more or less, in fronf of
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the premises known as the First Baptist Church.
A motion was made by Morris, second by Brooks, that the said resolution be adopted as read and all i
present voting in favor thereof, President Tingley declared the said resolution duly passed and
adopted.
Alderman Wilson introduced the following resolution which was read: I�
( ) Block Thirty-three (33 j�
"WHEREAS, the owners of Lots Five 5 and Six (6), y- ),
Northern Addition to the City of Rochester, which -premises are also known as.
822 North Broadway, have pursuant to the provisions of Section (4) of
Ordinance No. 1020'p requested the Common Council to atitihorize the building
located on said premises to be used for an appliance store, and
WHEREAS such request was submitted to the City Planning,and Zoning
Commission for investigation and recommendation.
NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the premises at 822 North Broadway, Rochester, Minnesota may
be used for an appliance store -provided the following conditions are first
met: i
(1) That the requirement of parallel parking on the south side of 9th
Street.Northeast immediately east of Broadway be enforced and the City
Engineer and the Chief of Police are instructed to take -the necessary steps
to prevent angle parking in this location.
(2) Not more than three house trailers for residential occupancy shall
be located on the property immediately south of the main building.
(3) Two off-street parking spaces shall be provided for the appliance
store.'.'
A motion was made by Gifford, second by Morris, that the said resolution -be adopted as read and �.
all present voting in favor thereof, President Tingley declared the said resolution duly passed
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and adopted. 1
Alderman Gifford introduced a resolution appropriating $42,075.00 from the,
Permanent Improvement Fund and ordering payemtn made to Keith Toogood and Wife $11,600.00; Gordon
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Winslow and wife and Doyle Conner and wife $5,300.00; Noble Bloodsworth and Lydia H. Bloodsworth
$650.00; Clyde E. Lindberg and Genevieve M. Lindberg $875.00; W. L. Ryan & Company $9,350.00 and
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Adeline M. Bennett and Lloyd L. Bennett $14,300.00, which was read. A motion was made by
Stadler, second by Gifford, that the said resolution be adopted as read and all present voting in �
favor thereof, President Tingley declared the said k resolution dujly passed and adopted.
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An Ordinance annexing to the.City of Rochester, Minnesota, certain uriplatted lands i
not exceeding two -hundred acres in area, all being in the Northwest One -Quarter of Section
Twenty -Seven, Township One Hundred Seven North, Range Fourteen West, Olmsted County, Minnesota,
was given its second reading.
An Ordinance amending an ordinance entitled "An Ordinance for the purpose of
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• Record of Official. Proceedings of the Common Council
of the City of Rochester, Minn., November 7; '1960
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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 compre-
hensive plan (changing Cascade Center to commercial zone), was given its second reading.
Alderman Gifford introduced the -following resolution which was read:
"Be IT RESOLVED by the Common Council of the City of Rochester, Minnesota that the
Mayor and City Clerk are hereby authorized and directed to offer to purchase the tracts
of land described below from the owners thereof at the prices indicated. The lands
described are for public street and other public purposes and each price specified is
for a conveyance of the.particular tract to the City of Rochester in fee simple by
full warranty deed. The owners, upon acceptance of the City's offer, will be required
at their own expense (a) to deliver to the City in advance of payment a current abstract
evidencing good and marketable title free of all encumbrances including all real estate
taxes for the year 1959 due and payable in 1960, and (b) to pay federal documentary tax
andstate deed taxes required in connection with deeds of conveyance.
Parcel No. Description Offer
20 & 21 The South 106' of Lots I and 2, Block 1, Conley's
Addition, Olmsted County, Minnesota $12,530.00
22 & 23 Commencing at a point that.is 389.3' West of the
East line of 7th Avenue N.W., Rochester, Minnesota
and 250' North of the North line of 4th Street N.W.,
Rochester, Minnesota for a place of beginning;thence
running East 150'; thence North 50'; thence West 150';
and thence running South 50' to the point of beginning
all in Olmsted County, Minnesota
and
The South 34.1' of the following described tract of land;
Commencing at a point 20' West of the East line of 8th
Avenue N.W. if extended, Rochester, Minnesota, and on the
South line of the Chicago Great Western Railroad right-of-
way for a place of beginning; thence South 73 degrees and
40 minutes East a distance of 389.4'; thence South 106.6';
thence West�373.7'; thence North 65.8'; thence West 3.6';
and thence North 150.75' to the place of beginning all in
Olmsted County, Minnesota; together with all the right of
access, being the right of ingress to and egress from that
portion of the above described tract not acquired herein,
to the proposed new 5th Street Northwest except via 8th
Avenue Northwest.
The owner may remove any of the structures located on the
above described land. 8,116.00
43 Commencing at the Southwest corner of Block 68, Original .
Plat, Olmsted County, Minnesota for a place'of beginning
and running thence North on the West line of said Block
.68 for a distance of 41 feet; thence Southeasterly to a
point on the South line of said Block 68, which is 92 feet
East of the Southwest corner thereof; thence West 92 feet
to place of beginning, together.with all right of access,
being the right of ingress to and egress from all land
abutting upon and lying immediately North of -the above
described tract to the proposed new 5th Street Northwest
except via 4th Avenue Northwest. The conveyance shall also
grant to the City of Rochester the right to remove the
building located partly on the above described tract and
partly on land immediately North of the above described
tract. The owner may elect to remove said structure without
reduction in the offered price.) 14,600.00
45 North 5' of Lots 8, 9, 10, 11 and 12, Block 29,
Cumming's Addition, Olmsted County, Minnesota
and
All that part of Lots 13 and 14, Block 29, Cumming's
Addition, Olmsted County, Minnesota lying north of
the following described line: Beginning at a point
on the West line of said Lot 133, which is 6' South
of the Northwest corner_ thereof and running thence
Southeasterly to a point on the East line of said
Lot 14 which is 17' South of the Northeast corner
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Record of Official Proceedings of the Common Council
of the' City of" Rochester, Minn., November -7 1960
thereof
Together with all right of access being the right of ingress
to and egress from that portion of Lots 8, 9, 10, 11, 12, 13
and 14, Block 29, Cumming's Addition, not acquired herein, to
the proposed new 5th Street Northwest, except that the abutting
owner shall retain the right of access to the proposed new 5th
Street Northwest over a'single driveway entrance not to exceed
30' in width located at any place on the North boundary of the
remaining portion of Lots 13, 1.4 and 15, Block 29, Cumming's
Addition not acquired herein which the owner may select. $ 4,500.00
48,49 & 50 Commencing at the Northwest corner of Lot 11, Block 6, in
Elliott's Resubdivision of Block 6 and 11 in Cumming's
Addition, Olmsted County, Minnesota for a point of beg
inning; thence North 7 feet; thence Southeasterly to a
point on the North line of said lot 11 which is 27 feet,
East of the point of beginning; thence West to the point of
beginning.
and
Commencing at the Northwest corner of Lot 5, Block 6 in
Elliott's Resubdivision of Blocks 6 and 11 in Cumming's
Addition, Olmsted County, Minnesota for a place of be-
ginning; thence North 19 feet; thence Southeasterly to a
point on the North line of said Lot 5, which "is 66 feet
East of the place of beginning; thence West to the point
of beginning.
and
Beginning at the intersection of the east line of Block 69,
Original Plat, Olmsted County, Minnesota with the south line
of the Chicago Great Western Railroad right-of-way which point
is 64 feet north of the Southeast corner of said Block 69;
thence north on the east line of said Block 69.for a distance
of 10 feet, thence northwesterly paraliel with the south line
of the Railraod right-of-way'169 feet more or less to the west
line of said Block 69, thence South 10 feet to the south line
of the Railroad right-ofpway, thence southeasterly 169 feet
more or less along said right-of-way line to the place of
beginning. .Also all that part of the Chicago Great Western
Railroad right-of-way in Block 3, Cumming's Addition described
as follows: Beginning at the intersection of the east line of
said Block 3 with the south line of the Railroad right-of-way
which point is 131.72 feet north of the southeast corner of
said Block 3, thence north along the east line of said Block 3
for a distance of 10 feet, thence northwesterly for a distance
of 157 feet more or less to the intersection of the west line
of said Block 3 with the said south line of said right-of-way,
which point is 196.0 feet north of the southwest coenrer of
said Block 3, thence southeasterly along said south right-of-way
line for a distance of 157 feet more or, less to the point of
beginning.
Together with all right of access, being the right of egress to
and ingress from all land abutting upon and lying immediately
Northerly of the three above described tracts of land to the
proposed new 5th Street Northwest. $ 625.00
Be it further resolved that in the event the City's offer with respect to
parcels 20 and 21, 22 and 23, 45 and 48, 49 and 50 is accepted by the respective owners,
the City shall require possession of the premises on March 1st, 1961.
. With respect to parcel 43, if the owners elect and agree to remove the
building located thereon, the City will require possession of said Parcel on April 1,
1961; if the owners elect not to remove the building, the City will require possession
of the premises on January 1, 1961.
.The City will accept possession of any of the Parcels at any time prior to
the above dates that the owners desire.
If the owners of rental income property accept the City's offer, the price
offered by the City shall be reducted in an amount equal to 50% of the gross rental income
which would become due and payable between the date the City pays for the property and the
date possession is transferred to the City. Upon acceptance of an offer by the owners,
payment of the offered price will be lmade by the City within 30 days after delivery of
a current abstract of title evidencing a good and marketable title free of encumbrances.
All offers shall terminate on December 15, 1960."
A motion was then made by Gifford, second by Morris, that the said resolution be adopted as
read, and all present voting in favor thereof, President"Tingley declared the said resolution
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duly passed and adopted.
• Record of Official Proceedings of the Common Council
of the. City of Rochester, Minn., November 7, 1960
711
Mayor Smekta suggested that the proper committee take under advisement the program of
lighting of(streets and alleys. C. A. Armstrong, City Engineer, then stated that something should
be done about the lighting on South Broadway at the interesection with 12th Street; he said the
Highway had almost finished with their construction work and they had taken out the street and
lights and no plans had been made for replacing them;' he also brought up the matter of street
lights on 5th Street west of llth Avenue Northwest. It was felt that as long as the State removed,
the lights on South Broadway that they should be replaced by them at State expehse. A motion was
then made by Stadler, second by Gifford,'that the City Attorney be instructed to prepare a
resolution requesting the State Highway Department to light the interesection of South Broadway
and 12th Street at State expense.. All present voted in favor of the motion.
Upon motion by Stadler, second by Brooks, the meeting was adjourned until 7:30 o'clock
JR.. M. on November 21, 1960.
Ci y Clerk