HomeMy WebLinkAbout08-06-1962Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., August 6. 1962
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Minutes of a regular meeting of the Common.Council of the City of Rochester, Minnesota,)
held in the Council Chambers in the City Hall,. in said City, on August 6,• 19`62.
President Tingley called the meeting to order at 2:00 o'clock P. M., the following
members being present: President Tingley, Aldermen Berstedt, DeVries, Thomas, Wilson. Alderman,
Morris arrived at 2:50 P. M. Absent:. Alderman Leonard.
Upon motion by Wilson, second by DeVries, and all voting in favor thereof, the minutest
of the meeting of July 16, 1962 were approved. Upon motion by Bergstedt, second by Thomas, and
all voting in favor thereof,the minutes of the special meeting of July 27, 1962 were approved.
President Tingley stated this as being the time and place set for receiving and op
bids for the following projects:
Bids for construction of Bridge No. 55509 on 6th Street S. E. over Bear Creek. One
bid was received and upon motion by DeVries, second by Wilson, and upon roll call Bergstedt.,
DeVries and Wilson voting "AYE" and Thomas and Tingley voting "NO", the City Clerk was instruc
to open the bid. The bid of H. S. Dresser & Son in the amount of $113,435.23 was opened and
upon motion by DeVries, second by Bergstedt, and all voting in favor thereof, the bid was
referred to the Public Works Committee, City.Engineer and Consulting Engineers for tabulation
and recommendation.
Bids for widening and repaving 4th Avenue Southwest from 4th to 6th Street Southwest;
on 3rd Avenue Southwest from 5th to 6th Street Southwest; on 6th Street Southwest from 2nd to
4th Avenue Southwest and on 5th Street Southwest from 3rd to 4th Avenue Southwest. The bids of
Doyle Conner Company in the amount of $115,524.42 and Megarry Bros. in the amount of
$122,682.32 were each received and opened and upon motion by. DeVries, second by Thomas, and
all voting in favor thereof, the same were referred to the Public Works Committee and the City
Engineer for tabulation and recommendation.
Uds for blacktopping the alley north on 8th Street Southwest in Block 8, Head &
McMahon's Addition (north and south alley). -The bid of Rochester Sand and Gravel Company in
the amount of $2,660.00 was received and opened and upon motion by DeVries, second by Bergstedt,
and all voting in favor thereof, the bid was referred to the Public Works Committee and -the City
Engineer for tabulation and recommendation.
Bids for Part 2-A of construction of sanitary sewer and water main in Blocks 4, 5, 6,
10, 11, 12, 16, 17,. 18, 22, 23, 24 and that part of Block 3 •lying east of T. H 63 Golden Hill
Addition and all of Garden Acres. The bids of Carlisle G. Fraser, Inc. in the amount of
$181,995..80; Kasson Sewer and Water, Inc. in the amount of $1.95,710.30 and Barbarossa,& Sons,
Inc. in the amount of $188,582.30 were each received and opened and upon motion by DeVries,
second by Bergstedt,, and all voting in favor thereof, the bids were referred to the Public
Works Committee and City Engineer for tabulation and recommendation.
Mr. Willard Knapp of 730 - 5th St. S. W. was present and commended the City on having
such a fine musical program; he,said he felt the band, oratorio society and male chorus, all
i under the direction of Harold Cooke, deserved a vote of thanks for their work and he thanked
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the Council and Music Board for making such a program possible.
The Mayor's appointment of Mr. Gerald F. T'horkelson of 524 - 9th Avenue Southwest to the
Planning and Zoning Commission to fill the unexpired term of Mr. Vern Day who has resigned, term of
office to .expire December 31, 1962, was read and.upon motion by DeVries, second by Bergstedt, and
all voting in favor thereof, the appointment was confirmed.
The Mayor's appointment of Mr. Walter Bateman of 615 - 3rd Street Southwest to the
Planning and Zoning Commission to fill the unexpired term of Mr. Douglas Delano who has resigned,
term of office to expire December 31, 1963, was read and upon motion by Bergstedt, second by
DeVries, and all.voting in favor thereof, the appointment was confirmed.
A letter from United Fund of Greater Rochester, Inc. requesting permission to suspend a
progress, indicator between Cortland Jewelers and Dayton's, September 20 through October 17, was
read. 'Upon motion by Bergstedt, second by Wilson, and all voting in favor thereof, the request
was referred to the Public Safety Committee.
A letter from the Board of Public Health and Welfare, requesting approval of the appoint -
went of Mrs. Virginia Weber as Clerk Typist II was read and upon motion by Bergstedt, sedond by
DeVries, and all voting in favor thereof, the appointment was approved.
A letter signed by Donald W. Lavine, Engineering Instructor at Rochester Junior College,
requesting permission to use the portion of Mayo Park south and east of the auditorium for field
practices -laboratories and permission to locate their surveying equipment locker within the
auditorium was, read. Upon motion by DeVries, second by Bergstedt, and all voting in favor, the
letter was referred to the Park Board.
A letter from Crenlo, Inc. requesting permission to construct a driveway entering their
delivery ramp and docks at 1600 Third Avenue N. W. was read and upon motion by DeVries, second by
Thomas, and all voting in favor, the request was referred to the Public Works Committee and City
Engineer.
Alderman Morris arrived at 2:50 o'clock P. M.
A letter from Myron F.. Olson of 1751 - 1st Street N. W. submitting a claim in the amount
of $125.00 for spray from the blacktop tar deposited all over the west and south sides of his
house wasread and upon motion by Wilson, second by Bergstedt, and all voting in favor, the claim
was referred to the City Attorney.
The summons of Clarence R. Thompson, Plaintiff vs. City of Rochester (a municipal
corporation) defendant re,abandoning a portion of Oronoco Stree,t.as the same was dedicated in the
plat of Northern Addition was read. R. V. Erhick, City, Attorney,.reported that he had,a
resolution taking care of this so the summons was ordered placed on file.
A letter from,Johnson Service Company stating that they were conducting school facilities
in maintaining proper operating control systems and that these schools were free except for travel
and living expenses and urging that the City s,ena someone if they so desired wasread. Upon motion
by Thomas, second by Wilson, and all voting in favor, the letter was ordered placed on file.
A letter from the Mayor's Parking and Traffic Committee recommending that the parking
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kfees on the Municipal Parking Lot #2 next to the City Fire Hall be increased from the present
rate of lOG for four hours to 20s,% for four hours, it was the opinion of the Committee that the
present rate is unrealistically low and that the proposed rate in some measure will reduce the
present operating deficit incurred on this lot, was read. Upon motion by Bergstedt, second by.
Thomas, and all voting in favor, the recommendation was referred to the Public Safety Committee.
The City Engineers estimate for Bridge 55509 on 6th Street -Southeast over Bear
Creek in the amount of $126,177.01 was read and President Tingley ordered the same placed on file.
A letter signed by Ray L. Roberts, Executive Vice President, requesting permission
for the First National Bank to construct a pneumatic conveyor tube under the south one-half of
Second Street, Southwest between Lots 7 and 10, Block 18, Original Plat, was read and upon motion
by DeVries, second by Morris, and all voting in favor, the request was referred to the Public
Works Committee.
The request of Vernon Wendland, as partner in the Beverly Hotel, requesting a
loading space in front of 426 - 2nd Street Southwest was read and upon motion by Thomas, second
by DeVries, the request was referred to the Public Safety Committee. All voted in favor thereof.
A letter from Mayor Smekta transmitting a letter from Edwin W. Goplen, Chairman
State Soil Conservation Committee, in which he stated that he would give complete cooperation
and support in the effort to solve the soil, water and flood problem of the Rochester area, was
read. President Tingley ordered that the letters be placed on file.
A copy of a letter from David T. Bishop, Attorney representing First Presbyterian
Church and Mary.Kahler'Hench re appeal from the oral decision of the Building Inspector was read
and upon motion by DeVries, second by Thomas, and all voting in favor thereof, the same was
referred to the City Planning and Zoning Commission.
The following petition was read:
"To the Common Council
City of Rochester
State of Minnesota
Re: Annexation -of lands to be known as
BIG - BOY DRIVE IN
The petitioner, Henry J.-Smalkoski, respectfully shows and represents to the Common
Council of the City of Rochester that he is the representative. of the owners of the land
located at the Southwest corner of Second Street and 20th Ave. S. W. adjacent and abutting
the,City of Rochester;
that a petition for annexation was duly filed with the Council on January 15th, 1962,
and that it was duly referred to the City Planning and Zoning Commission for study, together
with a petition for zoning change of said property to conform to its present use as
commercial property, to -wit: a drive in restaurant;
that on the 7th day of February, 1962, said Planning and Zoning Commission received
a report from the City Planning Director setting forth certain recommendations regarding
said property;
that a situation exists with regard to water in the area of this property making it
imperative that it be annexed to the City of Rochester so that city water may be obtained
for the continued operation of the business located thereon; .
that the owners of.said-property have been advised by the Planning Director to secure
a plat by a Registered Surveyor and that, together with the report of the Planning and
Zoning Commission will in all probability resutt in the annexation of said property;
however, due to the nature of the business and the current and increasingly serious
problem of the present water supply on the premises, it is imperative that an immediate
change take place in order that said business may continue to operate;
therefore, your petitioner, on behalf of the owners of.said property respectfully
requests that the Common Council of the City of Rochester take immediate action to
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Record of Official Proceedings of the Common Council
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effect the annexation of said property to the city limits of Rochester and
authorize the City Engineer to proceed with necessary action to cause city
water to be made available for the use of the Big Boy Drive In property,
f upon the assurances of the Petitioner that all due and necessary acts to
complete the annexation of this property shall be completed forthwith.
Respectfully submitted,
/s Henry J. Smalkoski"
Mr. William Young, Attorney representing the petitioner, was present and urged that the Council
annex this land, as he said the water and sewer problem out here was not good, he said he know
there would be a delay of 10 to 12 weeks in order to construct the sewer and water main but urged
that something be done as soon as possible. Upon motion by Thomas, second by Wilson, this matter
was tabled until the evening meeting to give the Public Works Committee and Council a chance to
look into this further. All voted in favor thereof.
President Tingley was excused at 3:25 P. M. and Aldermen Morris took over ad President
pro tem.
Mr. Don Swenson, representative of the T. G. Evenson Company, Municipal Finance
Consultants, was present and outlined the services his company could give to the City of Rochester
in issuing bonds. He presented a proposal (in connection with the forthcoming $700,000 bond
issue) for financial consultant services, which outlined all the services they performed and
gave the expense'to the City as being lr/. of the first $300,000 and it/. of $400,000 making a
gross amount of $4,750.00, then deducting $1,020. for publishing fees, printing bonds, etc.
leaving a net cost to the City of $3,730.00. After hearing Mr. Swenson, a motion was made by
Wilson, second by DeVries, that this be referred to the Finance Committee. All voted in favor.
The recommendation of the City Planning and Zoning Commission stating that they had
reviewed the final plat of Meadow Park 2nd Subdivision and recommend that this plat be granted
final approval was read and upon motion by DeVries, second by Wilson, and all voting in favor
thereof, the recommendation was approved and a hearing on the final plat was set for 7:30 P. M.
op August 20, 1962.
The following recommendation of the Public- Works Committee was read:
"Honorable Mayor & Common Council
City of Rochester, Minnesota
Gentlemen:
We, the undersigned, recommend that Construction of Concrete -Curb and Gutter
be included in the required minimum improvements in all new subdivisions and in
the future improvement of any presently platted street which, is not now graded and
surfaced.
The present minimum requirements, which were approved February 10, 1955 are as
follows: 1. Street grading, base construction, and surfacing as indicated
by expected street use.
2. Sanitary sewer and .water main.
3. Storm sewer, if necessary.
4. Sanitary sewer and water service connections.
We propose. to add-
5. Concrete curb and gutter.
We realize that concrete curb and gutter cannot be constructed immediately
upon completion of the other improvements because of the probability of settlement
in the trenched areas and because the location of the driveway approach to each
lot cannot be determined. But'we feel that it is in the best interests of the
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.property owners and the maintenance program to include curb and gutter in the
street construction requirements.'
By doing this, the -developers and the prospective owners,will know that -it,
will .be constructed as soon as feasible, and they will be prepared for the costs.
Respectfully,
/s Harold DeVries, Chairman
PUBLIC,WORKS COMMITTEE /s Wallace Thomas
/s David Leonard "
Mr. Harold Payne, of the Kruse Company, was present and inquired as to the time element, how soon
this would have to be constructed and they were also concerned about the damage to the curb and
gutter during construction of buildings. C. A. Armstrong, City Engineer, said he did not think
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the curb,and gutter could be built until at least a great majority of the buildings were construc-
ted, he said the details would have to be worked out, that the main purpose was to get the idea
hhat curb and gutter would be built as soon as possible. A motion was then made by Thomas, second
by DeVries, that the above recommendation be approved. All present voted in favor thereof.
A twenty minute recessa was declared at 4:00 P. M. President pro tem Morris
called the meeting to order again at 4:20 P. M., the following members being present: Morris,
Bergstedt, DeVries, Thomas, Wilson.
A notice from the Railroad and Warehouse Commission in the matter of the
application of Rochester Yellow Cab Corporation for an extension and change in its present route
granted it by R.R.C.C. order No. 1534-1 between the City of Rochester and the Rochester Airport
was read and President pro tem Morris ordered the same placed on file.'
A letter signed by J. R. Doyle, M.D., President of the -Olmsted Medical Group,
endorsing the action of the Planning and Zoning Commission and urging the Common Council to vote
affirmatively for the vacating of that one block segment of 2nd Avenue Northwest when the legal
entanglements concerning vacating a public street for private construction is resolved was read
and President pro tem ordered the letter placed on file.
The application for plat approval of the preliminary plat of Elton Hills 8th
Subdivision was read and the preliminary plat presented and upon motion by DeVries, second by
Thomas, the same were referred to the City Planning and Zoning Commission. All voted -in favor.
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The petition of the Rochester State -Bank of Rochester for
annexation of the following described property was read and upon motion by Wilson, second by
DeVries, and all voting in favor, the petition was referred to the City Planting and Zoning
Commission: "Commencing at a point 330 feet S of the N line of the SE'k Sec.34-107-14
and 1248 feet W of the E line of the SE'k of said Sec. 34 for place of
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beginning, thence W 601� feet, to a point which is 754.28 feet from the
W.boundary line of the SEk of said Sec. 34, thence S 821 feet, to a
point which is 569 feet N of and 33 feet W of the NW corner of Lot 23
in Block 3 A. W. Kutzky's Second Addition, thence E 611.15 feet to the
W line of 13 Ave. N.W. in the City of Rochester, if extended, thence
N 819,82 feet to the place of beginning, all being in the SE'k Sec.
34-107-14, Olmsted County, Minnesota, subject to restrictions and
easements of record."
The petition of the Rochester State Bank of Rochester to have the above described
` property changed from residential to commercial district was read and upon motion.by DeVries,
second by Thomas, and all voting in favor, the petition was referred to the City Planning and
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Zoning Commission.
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Record of Official Proceedings of the. -Common Council
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The City Engineer's estimate for widening and paving on 4th Avenue S..W., 3rd Avenue
S. W. and 6th Street S. W. Job 6304-3-62 B to be $116,762.90 was read and President pro tem
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Morris ordered the same placed on file.
A letter signed by Marion V. Baker of 316 - 6th Street Southwest and J. P. McGovern of
304 - 6th Street Southwest requesting that pwking be prohibited entirely in the 300 block on 6th
St. S. W. was read and upon motion by Thomas, second by DeVries, and all voting in favor, the
letter was referred to the Public Safety Committee.
A. letter signed by Joe Rockenbach, President of the Rochester Recreation Board,
requesting appointment of Margaret Ball as receptionist -secretary for the Recreation Department,
to replace Margaret Tjepkes who recently resigned, was read and upon motionby Bergstedt, second
by DeVries, and all voting in favor, the appointment was approved.
The application of Francis G. and Gertrude B. Sehl for approval of the preliminary plat
of Sehl's Subdivision was read and upon motion by DeVries, second by Thomas, and all voting in
favor, the application was referred to the City Planning and Zoning Commission.
The application of Francis G. and Gertrude B. Sehl to have Lots 12 2, 3 and 4, Block 4,
and Lots 1 through 13, Block 1 of Sehl's Subdivision changed from a residential to a multiple
dwelling district was read and upon motion by Bergstedt, second by DeVries, and all Voting in
favor thereof, the petition was referred to the City Planning and Zoning Commission.
The recommendation of the City Planning and Zoning Commission stating that they had
reviewed the petition to change the zoning on Lot 8, less the west 33 feet and all of Lots 9, 10,
and 11, Block 29, Cumming's Addition and all that part of the vacated alley lying south of the
above described lots from the residential district to the industrial district and recommend that
this zone change be granted approval was read and upon motion by Thomas, second by Bergstedt, and
all voting in favor thereof, the recommendation was approved and a hearing on the proposed zone
change was set for 7:30 P. M. on September 4, 1962.
The recommendation of the City Planning and Zoning Commission stating that they had
reviewed the zoning pattern as it exists on Blocks 26 and 29, Cumming's Addition and recommend that
the Common Council initiate a change of zoning on the following described property from residential
to industrial district, was read: (1) all of Lots 12, 13 and 14, Block 29, Cumming's Addition.
(2) All that part of the vacated alley lying south of Lots 12, 13 and 14, Block 29, Cumming's
Addition and (3) the north 123 feet of the west 30.9 feet of Block 26, Cumming's Addition. Upon
motion by Thomas, second by Bergstedt, and all voting in favor thereof, the recommendation was
approved and.a hearing on the proposed zone change was set for 7:30 P. M. on September 4, 1962.
The recommendation of the City Planning and Zoning,Commission stating that they had
reviewed the final plat of Northgate 5th Addition and recommend that this plat be granted final
approval was read and upon motion by Thomas, second by Bergstedt, and all voting in favor thereof,
the recommendation was approved and a hearing on the final plat was set for 7:30 P. M. on
August 20, 1962.
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The recommendation of the City Planning and Zoning Commission stating that they had
reviewed the need for a new aerial photomosaic for the City of Rochester and the surrounding area;
our present photograph was taken in 1955 and was subsequently added onto in 1957 to give us a
coverage of 46.4 sq. miles of land in the Rochester area; since this photography was taken the
City of Rochester and its immediate environs have undergone a tremendous expansion; because of
this, we feel that a new photomosaic should be purchased at this time; we therefore recommend that
the City of Rochester enter into a contract with Mark Hurd Aerial Surveys, Inc. to provide the
City of Rochester with a new semi -controlled aerial photomosaic map to a scale of 1"-400'
covering approximately 46.4 sq. miles mounted on masonite and backed by a 3/4" plywood frame, a
set of contract prints, a photo index map, and 40 prints of the mosaic at a reduced size. The
area to be covered will be the same area included in our present photomosaic; the cost of this
project to be $2,890.00 as quoted by Mark Hurd Aerial Surveys, Inc., was'read. The monies for
this were included in the budget. A motion was then made by DeVries, second by Thomas, and all
voting in favor, that the recommendation be approved and the Planning Director was authorized to
purchase the new aerial photomosaic.
The recommendation of the Public Safety Committee that the parking meter limits on 2nd
Street S. W. between llth and 13th Avenue, from a maximum of sixty (60)'minutes to a maximum of
ninety (90) minutes be approved was read. Upon motion by Wilson, second by DeVries, and all
voting in favor, the recommendation was approved and the City Attorney was instructed to prepare
the necessary resolution.
The recommendation of the Public Safety Committee that one (1) twelve ,(12) minute meter
be installed in front of 316 - 1st Avenue S. W., this request is granted on the basis of the
State function involved, was read. Upon motion by Wilson, second by Thomas, and all voting in
favor, the recommendation was approved and the City Attorney was instructed to prepare the
necessary resolution.
The recommendation of the Public Safety Committee.that the City Dog Catcher be
authorized to purchase a .22 calibre rifle to be used to shoot pigeons, rabbits,'squirrels, etc.,
in the past these complaints have been handled by the Police Department but will upon the
purchase of the rifle be handled by the Dog Catcher, was read. Upon motion by Wilson, second by
DeVries, and all voting in favor, the recommendation was approved and the Dog Catcher was
authorized to purchase the said rifle.
The recommendation of the Public Works Committee that the bid of Rochester Sand & Gravel
Company for grading and bituminous surfacing of North -South Alley in Block 9, Head and McMahon's
Addition be accepted at the unit prices bid and checks be returned to the unsuccessful bidders
was read. Upon motion by DeVries, second by Thomas, and all voting in favor, the recommendation
was approved.
The recommendation of the Public Works Committee that the bid of H. S. Dresser & Son for
construction of Bridge No. 55509 on 6th Street S. E. over Bear Creek in Rochester, Minnesota be
accepted at the unit prices bid and checks be returned to the unsuccessful bidders, was read. Upon
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motion by DeVries, second by Thomas, and all voting in favor, the recommendation was approved.
The following recommendation of the Public Safety Committee was read and upon motion by
Thomas, second by DeVries, and all voting in favor, the same was tabled until the meeting to be
held on August 20, 1962:
"The Honorable Mayor and Common Council
City of Rochester, Minnesota
Gentlemen:
Due to the construction of the new Dog Pound, the Police Department, for safety
reasons, was forced to close the Firearms Range used for training of the Police
Personnel, in the use and handling of police weapons. It is extremely important
that a facility exist for this purpose for use by the'Police Department. Attached
to this recommendation, is a rough sketch proposing a location for the Police
Firearms Range.
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It is located on city property North of the City Paint Shop adjacent to the Zumbro
River. Presently, this ground is used by the City Engineer's Department for stock
piling supplies. The.City Engineer has stated that there would be no interference
with his function if this ground were to be used by the Police Department for a
Firearms Range. The Chief of Police has stated that the location is suitable for
reasons of safety and accessability.
It will be necessary to budget money for the improvement of this site for the
purpose stated.
The undersigned Members of the Public Safety Committee of the Common Council
recommend that the city property at this location be assigned to the Police
Department for the purpose of providing a Firearms Range.
Respectfully submitted,
PUBLIC SAFETY COMMITTEE
/s James Wilson, Chairman
/s•William Bergstedt, Member
/s Stanley M. Morris, Member"
The recommendation of the Public Works Committee that the bid of Carlisle G. Fraser, Inc.
for Part 2A of construction of a sanitary sewer and water main in Blocks 4, 5, 6, 10, 11, 12, 16,
17, 18, 22, 23, 24 and that part of Block 3 lying east of Trunk Highway 63 of Golden Hill and all
of Garden Acres be accepted at the unit prices bid and checks be returned to the unsuccessful
bidders was read. Upon motion by DeVries, second by Thomas, and all voting in favor, the
recommendation was approved.
The recommendation of the Public Works Committee that the bid of Doyle Conner Company
for widening and repaving on 4th Avenue S. W. from 4th to 6th Street S. W.; on 3rd Avenue S. W.
from 5th to 6th Street S. W.; on 6th Street S. W. from 2nd to 4th Avenue S.W.; and on 5th Street
S. W. from 3rd to 4th Avenue S. W. be accepted at the unit prices bid and checks be returned to
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the unsuccessful bidders wasread. Upon motion by DeVries, second by Thomas, and all voting in
favor, the recommendation was approved.
The recommendation of the Finance Committee stating that Lee Elmer Graham, Police
Daptain, and Member of the Rochester Police Department, has been invited by J. Edgar Hoover,
Director of the Federal Bureau of Investigation, to attend the 70th session of the Federal
Bureau of Investigation Academy beginning August 13, 1962 in Washington, D. C. and lasting for
twelve (12) weeks and recommending that this Officer be authorized to attend this school was
read. Upon motion by DeVries, second by Thomas, and all voting in favor, the recommendation was
approved and Lee Graham was authorized to attend at city expense.
The recommendation of the Public Works Committee stating that in reply to the letter
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Record of Official Proceedings of the -Common Council
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of Alfred Anderson and Kathryn Anderson of 721 - 15th Avenue S. W. opposing the closing of the
connection of 15th Avenue S. W. to the east frontage road of T. H: 52, they report that the
project has already been duly processed, ordered and partly completed and recommend that the
project becarried out as ordered and Mr. Anderson's protest to any assessment be considered in
the levying of assessments was read. Upon motion by DeVries,'second by Thomas, and all voting in
favor, the recommendation was approved.
The recommendation of the Public Works Committee stating that regarding the request of
Fred C. Kennedy to purchase a strip of property on the north side of 5th St. N. W. west of &'g
Ave. N. W. they report that a request for the purchase of this property by the owner of the
property'abutting this strip has been under consideration since last winter and this owner has
recently made a definite offer to buy this strip and we recommend that Mr. Kennedy's request be
held pending outcome of this prior offer was read. Upon motion by DeVries, second by Thomas, and
all voting in favor, the recommendation was approved.
The recommendation of the Finance Committee that $700.00 be paid to Floyd and Tandy
Stephens to release the City of Rochester of all liability for District Court Claim for injuries
sustained by Mrs. Stephens when she feel on the sidewalk on the Southeast corner of 3rd Street
and 1st Avenue Southwest on July 10, 1959 wasread. Upon motion by Wilson, second by DeVries, and
all voting in favor, the recommendation was approved and the said payment was authorized.
The recommendation of the Public Works Committee recommending approval of the plans and
agreement with the State Highway Department for the Lighting Project on Trunk Highway 52 and 14
from 4th Street N. W. to a point south of 7th Street S. W. was read. Upon motion by Wilson,
second by DeVries, and all voting in favor, the recommendation was approved.
The recommendation of the Public Safety Committee that the application of the Arthur
Hotel Company for the transfer of the "on sale" liquor license No. 14 issued to Edward S. Webster
at 110 South Broadway for transfer to the Arthur Hotel Company at 301 - 2nd Atienue Southwest be
approved was read. Upon motion by Wilson, second by Thomas, and all voting in favor, the
recommendation was approved and the transfer was granted.
The license bond of Arthur Hotel Company in the amount of,$3,000.00 with the Western
Surety Company as surety was read and upon motion by Wilson, second by Thomas, and all voting in
favor, the bond was approved, the surety thereon accepted and the bond was ordered placed on file.
The applications of Martin P. Dorn, Lura Robinson and Richard Schroeder for license to
sell cigarettes were each read. Upon motion by Thomas, second by Bergstedt, and all voting in
favor, the licenses were granted.
The applications of Martin Dorn and Lura Robinson for license to sell soft drinks were
each read. Upon motion by Thomas, second by Bergstedt, and all voting in favor, the licenses were
granted.
The applications of Alden Fuerstneau for a Journeyman Electrician's License; Richard
Schwarz for Journeyman Plumber's License; and Frank E. Ryan for Journeyman Warm Air Heating,
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Ventilating and Air Conditioning Worker's License were each read. Upon motion by Thomas, second
by Bergstedt, licenses granted. All voted in favor.
The application of Bzoskie Sign Company for license to erect and maintain signs was read.
Upon motion by Thomas, second by Bergstedt, and all voting in favor, license granted.
The application of Roy C. Lovejoy for license to connect with sewers and drains was read
and upon motion by Bergstedt, second by Thomas, and all voting in favor, license granted.
The indemnity bond for lcst order or warrant of Atlas Paper Company in the amount of
$29.27 was read -and upon motion by Bergstedt, second by Thomas, the bond was approved and the
surety thereon accepted and the City Clerk was instructed to issue a duplicate check.
The license bond of Roy E. Lovejoy dba Lovejoy & Sons in the amount of $1,000.00.with
Western Surety Company as surety was read and upon motion by Bergstedt, second by Thomas, and all
voting in favor, the bond was approved, the surety thereon accepted and the bond was ordered
placed on file.
The contract bonds of Carlisle G. Fraser'in the amount.of $123,002.10 with Western
Surety Company as surety; Crescent Park, Inc. in the amount of $51,600.00 with Ohio Farmers
Insurance Company as surety; and E. J. Vonch and E. J. Mahoney (2) in the amounts of $4,950.40
and $1,913.40 with United States Fidelity and Guaranty Company as surety were each read and the
same were referred to the Mayor for his approval.
The report of the City Weighmaster for the month of July, 1962 showing fees received
for loads weighed $130.65 was read and President pro tem Morris ordered the same placed on file.
The reports for the month of July, 1962 of the Building Inspector showing fees collec-
ted in the amount of $973.00; of the Electrical Inspector showing fees collected in the amount
of $1,055.00; of the'Plumbing Inspector showing fees collected in the amount of $547.40; of the
Heating Inspector showing fees collected in the amount of $63.00; and fees collected for sign
permits issued $116.83 were each read and President pro tem Morris ordered the same placed on file.
The progress report for the month of'July, 1962 of the Civil Defense Director was read
and President pro tem Morris ordered the same.placed on file.
The reports of the Clerk of Municipal Court for the week ending July 20, 1962 showing
total criminal fines and costs collected and civil fees received $3,469.00 and total remitted to
the City Treasurer $2,184.00; for the week ending July 27, 1962 showing total criminal fines and
costs collected and civil'fees-received $3,471.00 and total remitted to the City Treasurer
$2,396.00; Jor the week ending August 3, 1962 showing total criminal fines and costs collected
and civil fees received $3,230.50 and total remitted to the City,Treasurer $2,400.50 were each
read and President pro tem Morris ordered the same placed on file.
Alderman DeVries introduced a resolution authorizing the Mayor and City Clerk.to_
execute on behalf of the City the Agreement`between the City and Northwestern Bell Telephone
Company for the installation of telephone booths in the City of Rochester. A motion was made by
Wilson, second by Thomas, that the said resolution be adopted as read and all voting in favor
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Record of Official Proceedings of the. Common Council
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FY=56232
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thereof, President pro tem Morris declared the said resolution duly passed and adopted.
Upon motion by Wilson, second by Thomas, 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 Bergstedt, DeVries, Morris, Thomas, Wilson.
President Tingley stated this as being the time and place set for hearings on the*
following projects:
Hearing on proposed assessment for sanitary sewer and water main in 14th Street N. W.
from the east line of Block-1 Valleyhigh Addition to a point 110 feet east (deferred assessment
to.the west 72 feet of that part of the SE'k Sec. 27 Range 14, which lies west of T. H. 52
immediately north of 14th Street Northwest). There was no one present wishing to be heard.
President Tingley declared the hearing officially closed.
Hearing on proposed assessment for construction of Fullerton-Elford Trunk Line sanitary
sewer (deferred assessment to Elton Hills 6th and 7th Additions). There was no one present
wishing to be heard. President Tingley declared the hearing officially closed.
Hearing on extension of water mains in the Olmsted County Fairgrounds. There was no
one present wishing to be heard. President Tingley declared the hearing officially closed.
Hearing on approval of the plat to be known as Sehl's First Subdivision. There was no
one present wishing to be heard. Upon motion by Morris, second by Thomas, and all voting in
favor, the City Clerk was instructed to prepare a resolution approving the said plat.
Hearing on petition for vacating public utility easement located between Lots 1-6 incl.
and Lots 17-22 inc., Block 4, Graham Addition.' Ther a was no one present wishing to be heard.
President Tingley declared the hearing officially closed. The recommendation of the Planning &
Zoning Commission that this be granted was again read. Upon motion by Wilson, Second by Thomas,
and all voting in favor, the recommendation was approved and the City Attorney was instructed to
prepare the necessary resolution.
Mr. Ralph Ross, spokesman for a delegation from Marion Township, specifically Longfellow
School District No. 1340, Marvale, Rose Haven, Rose Harbor, Longfellow Park, DeWitt Addition,
Kahoun Addition and Brookside Acres, addressed the Council. He said they have some serious
problems that require attendtion, the major of which are (1) water and sewage (2) fire and police
protection and (3) future school problems; School District Nol 1340 is a rapidly growning area
adjacent bothe City of Rochester, we feel that the Township form�of government in Marion
Township is not geared to copewith the immediate and future problems; As a group of interested
citizens, we had anticipated having a series of meetings to explore the possible ways of
alleviating our problems, during the next year we were going to explore the possibilities of
incorporation into a village, annexation into the City of Rochester, or in some way making the
required improvements through our present form of government. However, because of some serious
and immediate water and sewage problems we have found it necessary to move much faster than we
had intended; we are here tonight not to ask for annexation but to get information regarding
the advantages and disadvantages of coming into the City. He then asked the following questions:
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134 Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., August .6, 1962
FY=6'0 Z5Z
(1) If you did annex us, how long before you could begin getting water and sewage lines to our
area? What would be the assessment per average home and how many years could this be paid over?
C. A. Armstrong, City Engineer, stated that it would be a minimum of 18 months before you could
expect construction; as far as assessments, he said the lots in West Zumbro were assessed about
$1100.00 per lot and it will cost about the same in Golden Hill and Garden Acres, but the lots
especially in Marvale were much larger lots; he said assessments are usually paid over a period of
five or ten years. (2) I understand that Rochester's homes are evaluated at 30 per cent of true
and full value, while ours are evaluated at 35 per cent, is this true? President Tingley said he
believed this to be true but suggested that they check with the City Assessor. ,(3) The Rochester
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mill rate is 15 mills less than District 1340 meanin& that Rochester residents living in comparably
priced homes pay less in in taxes, is this true.? R. V. Ehrick, City Attorney, stated that at the
request of the persons interested, he had contacted the County Auditor and the mill rate in this
school district was 15.6 mills less than in Rochester. (4) I have an average sized home containing
about 1000 square feet of living space and pay $325.00 in property taxes, during the last 12 months
I have averaged $12.70 per month for electricty, could you given me an approximation of what I
would have paid in the City; We have had natural gas for less than 1 year, however I understand
that suburban rates are over 20 per cent higher than city rates, is this tone? Homes are difficult
if not impossible to sell in our area at the present time, do,you believe entering the city would
improve our peroperty values? President Tingley stated that the rates are much lower for
electricity than they are paying, the amount of the bill would depend on what you use but the
average home runs somewhere in the vicinity of $6.00 per month; he said he ghought the gas rates
were higher in the City; he said it has been the history of annexation that homes are easier to
sell in the city. Mr. Ross then directed the following questions to the Rochester School Board:
(1) We have an excellent school building, valued at $285,000 with indebtedness of $220,000, what
would happen to our school and the indebtedness if the district is_ annexed? (2) Can you buy our
school? (3) Can the School Board give us a commitment prior to an annexation petition? R. V.
Ehrick, City Attorney, said there l s no connection between annexation lawa and school district
laws, there are also somelimitations on annexation of unplatted lands that would require study;
locally
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he stated that a petition of 51 per cent of the property owners would be necessary to annex
and with less than 51 per cent it could go before the Minnesota Municipal Commission and would
then result in an election. Mr. Robert Gage, President of the Rochester School Board, said that in
his opinion even a handful of residents who did not come into the city would retain control of the
school even though it would be situated within the city limits; he said he felt the school would
have an obligation to educate the children but control of the building would be a different matter.
Mr. Marland Fierke was also present and inquired if it was possible for a private organization to
operate a sewer systemwithin a township. Dr. Viktor Wilson, Public Health Officer, saidhe thought
it was possible for a private concern to operate a sewer system but he said the health department
prefers municipal ownership of sewage plants as private groups could suddenly discontinue operation
if the service became to costly. After further discussion, President Tingley ordered the next
business. A resolution ordering a hearing on the vacation of Second Avenue Northwest between
C Center Street and First Street Northwest, said hearing to be held at 7:30 P.M. on September 17,
1962 was read. Upon motion by DeVries, second by Morris, and upon roll call and all voting in
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favor thereof, the resolution was adopted.
Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., August 6, 1962
FY=50252
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Mr. H. S. Patterson was again present about his sidewalk and driveway at,1019-East
Center Street. He,was agaip todd to make application at the City Engineer's office for a,
driveway and curb -cut. Mr. Patterson also brought up the matter of his sewer at 420 North
Broadway, stating that thore was an obstruction and wondering if the City was going to take care
of it.' A motion was made by DeVries, second by Thomas, that the sewer problem at 420 North,
Broadway is the Tesponsibility of the property owner and the City is not obligated. Upon roll
,call Bergstedt, DeVries, Morris, Wilson, Thomas voated "aye" and President Tingley abstained.
The following resolutions were each introduced and read,and upon motion made and
seconded and all voting in favor thereof, President Tingley declared the said resolutions duly
passed and adopted: ,
Resolution providing for public salfi of $700,000 improvement Bonds, Series F (sale to
be held on September 11, 1962 at 7:30 P. M.).
tion adopted.
Upon motion by Wilson, second by DeVries, resolu-
Resolution'levying special assessments for construction of the Fullerton-Elford Trunk
Line Sanitary Sewer (deferred assessment to Elton Hills 6th and 7th Additions).` Upon motion by
DeVries,.second by Morris, resolution adopted.
Resolution levying special assessments for construction of a water main in 14th Street
Northwest from the East line B14ck 1, Valleyhigh Addition to a,point 110 feet East (deferred
assessment to West 72 feet,of that part of the SE'k Sec. 27-107-14 which lies west of T. 11. 52
and immediately,north of 14th Street N. W.). Upon motiop by DeVries, second by Thomas,
resolution adopted.- ,
Resolution accepting the bid of Doyle Co4ner Company for widening and repaving on 4th
Avenue Southwest from 4th to 6th Street S. W.; on 3rd Avenue Southwest from 5th to 6th Street
S. W.; on 6th Street Southwest from 2nd to 4th Avenue $. W. and on Sth.Street Southwest from
3rd to 4th Avenue S. W. Upon motion by DeVries, second by Thomas, resolution adopted.
Resolution accepting bid of Rochester -Sand and GraVel,Company for blacktopping the
alley north of 8th Street Southwest in Block 9, Head & McMahon's Addition (north and south alley).
Upon motion by Thomas, second by DeVries, resolution 4dopted.
Resolution accepting the bid of Carlisle G. Fraser, Inc. for Part 2-A of construction
of a sanitary sewer and water main in Blocks 4, 5, 6, 10,,11, 12, 16, 17, 18, z2, 23, 24 an$ that
part of Block 3 lying East of Trunk Highway 63 of Golden Hill and all of Garden Acres. 11pon
motion by DeVries, second by Thomas, resolution adopter}.
Resolution accepting,bid of H. S. Dresser and Son for construction of Bridge No. 55509
on 6th Street Southeast over Bear Creek in Rochester, Minnesota. Upon motion by Bergstedt,
second by Wilson, resolution adopted. Upon roll call all voted in favor.
Resolution referring improvement petition for determination of adequacy, feasibility
report and recommendation for construction of a sanitary sewer and water main to serve Lots 37
and 38, Belmont Addition. Upon motion by Thomas, second by Wilson,.resolution adopted.
Resolution appropriating $1,948.0.2 from the General Fund, $5,194.60 from the S & A
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Fund, $321.90 from the Sewer Fund, $141.08 from the Lighting Fund, $793.79 from the Parking Meter
136 ' Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., August 6, 1962
FY=fi 0252
Fund and $631.03 from the Auditorium Fund and ordering payment made to Street•& Alley Fund
$7,452.90; H & H Electric Company $805.41 and City of Rochester, P.U. $772.11. Upon motion by
Wilson, second by Thomas, resolution adopted. "
Resolution appropriating $584:08 from the General Fund, $186.50 from the S & A Fund,
$262.59 from the Fire Protection Fund, $26.54 from the Sewer Fund and $411.40 from the Police
Protection Fund and ordering payment made'to General Trading Company $292.77; N. W. Bell Telephone
Company $834.89 and International Business Machines $367.50. Upon motion by Bergstedt, second
by DeVries, resolution adopted.
Resolution appropriating $713.07 from the Parking Meter Fund and ordering payment made
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to Brinck Solberg Inc. $291.07 and E. C. Bather & Associates $422.00. Upon motion by DeVries,
second by Morris, resolution adopted.
Resolution appropriating $416.00 from the•Fire•Protection Fund, $13,614.13 from the
Fire Relief Fund and $4,127.13 from the Police Relief Fund and ordering payment made to LeCenter
Fire Hose Company,$416.00; Firemen's Relief Association $13,614.13 and Police Relief Association
$4,127*13. Upon motion by Morris, second by Thomas, resolution adopted.
Resolution appropriating $6,196.27 from the Police Fund and $206.15 from the Parking
Meter Fund and ordering payment made to Motorola Communications & Electronics Inc. $1,174.25;
Universal Ford Sales, Inc..$4,593.00; Harolds Auto Electric $429.02 and Rochester Iron Works
$206.15. •Upon motion by Thomas,'second by Wilson, fesolution adopted.
Resolution appropriating $221.30 from the Street & Alley Fund and $399.00 from the Park
Improvement Fund and ordering'payment made to H. R.-.Erickson Machine & Mfg. Co.-$221.30; Haverhill
Township $399.00 and Carlton McKinney $313.92. Upon motion by Thomas, second by Bergstedtp
resolution adopted: '
Resolution appropriating $6y696.60 from the Sewer Fund and ordering payment made to
Viker & Sorenson $406.60; Lyon,Chemicals,-Inc..$340.00; Central Equipment•Company $3,050.00 and
Road Machinery & Supplies-$2,900.00. Upon motion by Bergstedt,-second by DeVries, resolution
adopted. '
Resolution appropriating $63,735.65 from the General Fund and ordering payment made to
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Wisconsin State Prison $364.23; Public Health & Welfare•Fund $56,065.64; Jacob -Holzer & Son
$635�.25; Walter•C. Heins Agency $1,270.53. Upon motion by DeVries, second by Morris, resolution
adopted. -
Resolution appropriating $2,•990.34 from the General Fund -and ordering payment made to
Royal McBee Corporation $360.50; Peoples Cooperative Power $1,827.40; League of Minnesota
Municipalities $522 X0 and Park Department $280.44. Upon motion by Morris, second by Thomas,
resolution adopted. "
Resolution appropriating $9,193.60 from the P.I.R. Fund and ordering payment made to
Rochester Sand & Gravel Company. Upon motion by Thomas, second by Wilson, resolution adopted.
-Resolution,appropriating $954.93 from the P:I.R. Fund and ordering payment made to
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Record of Official Proceedings of the -Common Council
of the City -of Rochester, Minn., August 6. -1962
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Leon Joyce. Upon motion by Wilson, second by Bergstedt,'resolution-adopted.
Resolution appropriating $23,001.95 from the P.I.R. Fund and ordering payment made to
Carlisle G.-Fraser, Inc. Upon motion by Bergstedt, second by DeVries, resolution adopted.
Resolution appropriating $408.25 from the P.I.R. Fund and ordering payment made to
Agneberg-Sankston & Associates. Upon motion by DeVries, second by Morris, resolution adopted.
Resolution appropriating $593.50 from the P.I.R. Fund and ordering payment made to
Agneberg-Sankstone & Associates. Upon motion by Morris, second by Thomas, resolution adopted.
Resolution appropriating $482.50 from the P.I.R. Fund and ordering payment made'to
Agneberg-Sankstone & Associates. .Upon motion by Thomas, second by Morris, resolution adopted.
Resolution appropriating $717.36 from the P.I.R. Fund and ordering payment made to E. C.
Bather & Associates. .Upon motion by Wilson, second by Bergstedt, resolution adopted.
Resolution appropriating $872.66 from the P.I:R. Fund and ordering payment made to
E. C. Bather& Associates. Upon motion by Bergstedt, second by DeVries, resolution adopted.
Resolution appropriating $2,117.11 from the P.I.R. Fund and ordering payment made to
E. C. Bather & Associates. Upon motion by DeVries, second by Morris, resolution adopted.
Resolution apporpriating $3,431.56 from the General Fund and ordering payment made to
Adamson Motor Company. Upon motion by Morris, second by Thomas, resolution adopted.
Resolution appropriating $8,176:76 from the P.I.R. Fund'and drdering payment made to
Carlisle G. Fraser; Inc. Upon motion by Thordas, second by Wilson,'resolution adopted.- All voted
in favor thereof, upon roll call.
Resolution appropriating $7,597.18 from the P.I.•R.'Fund 9nd ordering payment 'made to-
C. M. Boutelle & Sons, Inc. Upon motion'by Bergstedt, second by Morris,' resolution adopted. All
voted in favor thereof, upon roll call. • � • •
Resolution appropriating $4,005.38 from the P.I.R.-Fund and ordering payment made to
Carlisle G. Fraser,, -Inc. Upon motion by DeVries, second by Morris, resolution adopted.
Resolution appropriating $700.00 from the General Fund and $4,500..00 from the Fire
Protection Fund and ordering payment -made to Floyd & Tandy Stepheas $700.00 and Donald T. Johnson,
Treasurer'$4,500.00. Upon motion by Morris,' second by Thomas, resolution adopted.
Resolution appropriating $7,357•.30 from the General Fund -and ordering payment made 'to'
City of Rochester, P.U.. $716.36; Rochester Sand & Gravel $5,992.72; Cooperative Oil Company
$267..22 and Mayo Clinic $3&1.00. Upon motion by Thomas,,second by Wilson, resolution -adopted.'
Resolution appropriating $5;260.37 from the General Fund and ordering payment made to
N. W. Refining Company $2,775.20; Quality Printers & Stationers $835.00; Rogers $222.10; and Mabill
Oil Company $1,428.07. Upon motion by. Wilson, second by Bergstedt, resolution adopted.,
Resolution appropriating $4,712.60 from the P.I.R. Fund and ordering payment made to
E•. J. Vonch and E. J. Mahoney. Upon motion by Bergstedt, second by DeVries, resolution adopted.
Resolution appropriating $1,797..46 from the P.I.R. Fund and ordering payment made to -
The Doyle Conner -Company. Upon motion by DeVries, second by Morris, -resolution adopted.
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_ Record of Official Proceedings of the Common Council
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Resolution appropriating $229.28 from the General Fund, $21.60 from the Sewer Fund and
$6,262.13 from the Lighting Fund and ordering payment made to City of Rochester, P.U. Upon motion
by Thomas, second by DeVries, resolution adopted.
Resolution appropriating $300.00 from the General Fund and ordering paymend made to
Stanley F. Drips, Postmaster. Upon motion by DeVries, second by Morris, resolution adopted.
Resolution appropriating $1,221.80 from the Permanent Improvement Fund and ordering
payment made to Remington Rand Systems*. Upon motion by DeVries, second by Morris, resolution
adopted.
,Resolution authorizing and directing the Mayor andCityClerk to execute an agreement
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between the State of Minnesota, Department of Highways and the City of Rochester covering the
installation of ninety (90) mercury vapor lighting units and two (2) fluorescent lighting units
on Trunk Highway 14 Oibbh within the City. Upon motion by Thomas, second by Morris, resolution
adopted. ,
The following claims were each read and upon motion by Wilson, second by Morris, and
all voting in favor thereof, the same were approved and the Mayor and City Clerk were authorized
and directed to draw warrants upon the City Treasurer and make payments accordingly:
From the General Fund: Robert Ludescher $85.14; China Hall $11.85; Arnolds Supply Co.
$108.16; Cabinet Craft Inc. $26.42; Thompson Yeager $84.13; H. Dornack & Sons $8.10; Elfreda
Reiter, City Clerk $172.92; N. W. Bell Telephone Co. $150.20; Pitney Bowes $8.50; Rennings
Flowers $30.00; Harry Evans $2.00; Construction Bulletin $36.00; Elfreda Reiter $15.00; Stanley
Morris $15.00; Alex Smekta $15'00; W. J. Thomas $15.00; David Leonard $15.00; St. Mary's Hospital
$2.90; Hunt Drug Store $3.75; Olmsted Medical Group $101.50; Olmsted Medical Group $70.00; The
Johnson Company $51.35; Minneapolis Blue Printing Co. $54.19; Schmidt Printing Co. $.60; Viker &
Sorenson $165.00; Tiautner Sales Company $30.73; Custom Printing Inc. $93.10; Burroughs Corp.,
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Business Machines $15,15; Dept. of Weights & Measures $33.00; Minnesota
$2.40; International
Association of Building $2.75; Briese Steel Company $14.85; C. A. Cotting Ham $30.00; Roy
Wenzlick Research Corp. $2.50; Standard Oil Company'$133.76; Finance & Commerce $7.50; Rochester
Airport Company $38.87; J. W. Smiley $69.00; Robert R. Blakely $91.25;.Alfred Heyn $115.12;
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D. H. Holt Company $73.65; Chicago Great Western Ry. $15.00; Frank Dunnigan $12.00; Louis Bennett
$147.30; Alfred Nelsen $15.90; Garnet Spring $46.73; Walter Gordon $47.25; Charles Dornack
$48.75; William Burrows $43.50; Marvin W. Price $14.85; Durant Mfg,. Co. $39.26; Tom 0. Moore,,
$2..25; City of Madison Planning Co. $1.00; Witte Transportation Co. $9.75; William Ziegler Inc.
$4.36; K & M Auto Glass $13.03; Bemel Auto Parts $3.00; Rochester Post Bulletin $74.00; Willis
Minter $72.00; Ace Hardware $34.65; R. C. Drips Grocer Co. $176.39; Peoples Natural Gas $27.09;
Clements Chevrolet Co. $2.00; 0 & 0 Sporting Goods $11.80; Ak
From the Street & Alley Fund: Ruffridge Johnson Equipment $133.78,; Camera Center Inc.
$1.00; Truck Service Co. $3.97; Clutch, & Transmission Service $29.77;;Tom's Electric Co. $8.00;
The Sanitary Co. $18.85;'Witte Transportation Co. $36.00; Phillippi Equipment Co. $142.27;
William H. Zieger Co. $8.88;'Parkhill Bros. $32.64; K & M Auto Glass $8.53; Bemel Auto Parts,
Record of Official Proceedings of the -Common Council 139
of the City of Rochester, Minn., August 6, 1962
F7=6R252
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$18.06; Park Machine Inc. $4;45; United Building•Center Inc. $31.50; National Welding Supply Co.
$35:12; Rochester Post Bulletin $30.00; Jack Hanson•$14.00; M. C. Lawlers $14.95; The Parsons.
Company $27.00;'E. J. V6nch $132.17; Home Gas Company $7.00; Tractor Supply Co. $37.00; Alexander
Auto Electric $13.32; Rochester International Sales $13.76; Geradl Roberts $43.20; Herman Mathees
$96.00; Willis Minter $8.00; Ade Hardware $16.51; Scharf Auto Supply $7.44; Parkhill.Brothers-
$2.93; National'BusTaing & Parts $53.27;'Universal Motors Inca $46.47; Clements -Chevrolet Company
$6.38; Fire & Safety'Inc. $151.35. 1 1-
. From the Fire Protection Fund- Peoples Natural -Gas Co. $30.91; Culligan Water
Conditioning $4.75; S. M. Supply Co. $20.20; Charles Bornholdt $5.55; Ace Truck & Equipment Co.
$64.75; Linda'Supply Company $60.18; Di"sons Cleaners $29.67; Pruetts $45.12; Struve Paint Shop•
$.93;'Kenneth Stoltenberg $121.05; Skelly Oil Company $15.15Scharf Auto Supply $32.56; Parkhill
Brothers $42.27; National Bushing & Parts $73:05; Ace -Hardware $10.28.
From the Police'Protection Fund: Rochester Post Bulletin $54.00; National Bushing &
Parts $12.48; Axel Moberg $95.00; Cronin Peterson $5.95'; Roy Kingrey Inc..$15.50; Andersons Mens
Wear'$72.30; Streitmatter's Mens Wear $41.45; Hannys Mens Wear $48.75; Richmonds Bootery .$22.95;
The Dayton Company $15.95; M. C. Lawlers $21.83; C. P. Dry Cleaners $5.25; Dieter Paper & Marine
Supply $2.20; Universal Motors Inc. $64.55; Goodwin Joss Laboratories $42.91; 0 &,0 Sporting
Goods $47.68;.Firestone Stores $1.75; C. Russell Smith Jr. $35.00; M. Blaufox $45.00; Capital
Cafe $3.60-; Ronald A. Cohen $15.00; Wong's Cafe3$16.20; Police Supply Company $68.95;-Capital
Eat Shop $10.00; George W. Seuffert $30.00; Reuben A. Rieck $76.25; Fire.& Safety Inc. $127.40;
From the Sewer Fund: Witte Transportation Co'."$650; Ace,Hardware $2.20; Arnolds
Supply Co. 7.60; Foster Electric Co. $16.55; Arrowhead Bearing Inc. $48.51; E. T. Watkins -
Electric Motor Service $8.00; Autocon'Industries $21.23; Monroe $39.00; McKesson &U Robbins
$93.54; Green Bay Foundry $114'.84; Consolidated Steel & Supply Co. $120.08; R. C. Drips Grocer
Co. $84.644; Peoples Natural Gas Co. $17.86; S. M. Supply Co. $25.77,.
From the Music Fund: Marvin 'McCoy $122.00; William Larson $25.00; Donna Ellefson
$10.00;.LLoyd Ketterl Inc. $10.00; C. V. Spratte $55.00; Gary Korpela $52.20; Fred Arnold
$55.00; Richard'Bavman $30.00; Rufus Sanders $56.40; Dean Robinson $12.00; Jay Robinson $48.60;
Fred Heyer $45.00; Karleen Flattum $69.00; Judith Olson $30.00; Beatrice Nyrud $59.40; Marcia
Engen $45.00; Gordon Danuser $45.00; George Jamsa $46.10; Voleney Reifsnider $48.00; Harold
Sweitzer $6.00; Jack Tedrow-$50.00; Robert Stroetz $119.00; Hiram Wiser $63.00; Robert Erickson
$63.00; Brude Douglass $48.00; Ray Cleveland $45.00; Rod Erickson $51.00; Karl Dubbert $63.00;
Sigfid Kraft $42.00; A. W. Dieter $68.00; Clem LaBarre $63.00; Jack`Boman $118.20; John Wood
$67.60; John Holmes $42.00; Willard Johnson $63.00; Patricia Carr $70.20; Jerry Lehmeter $91.20;
Richard Wittenborg $84.60; Peter Thorkelson $63.00; Carmen -Conklin $54.00; Marjorie Mason,
$98:00; Betty Clausen $42.00; Clayton Tiede $95.00; Linda Swenson $42.00; Barbara Sylling $42.00;
Jerome Paulson $48.00; Dale Mundahl $3.00; Marvin McCoy $48.00; Carey Dubbert $3.00; Katherine
Crawford $18.00; Robert'Atwood $12.00; Earl Elkins $18.00; S. H. Herting $18.00; Albert Mailand
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140 Record of Official Proceedings of the -Common Council
of the City of Rochester, Minn., August 6, 1962
f9-6023'2
$18.00; Patricia McKnight $52.00; Fred Young $12.00; Rhoda Moore $12.00; Jaffrey Thorkelson
$12.00; David Eergugon $18.00; M4ry,Keyes,$12.00; Oscar Johnson $18.00; Howard Van Sickle $60.00;
Ted Cervania $36.09; Janet MdConald $12.00; William Watson $41.20; Elmer Arch $18.00; Kathryn
Anderson $12.00; Jeno Fenszik $18.00; Elizabeth Holmes $12.00; Fern McKnight $12.A0; Ann'C.
.Anderson $18.00; Clarence,Peterson $27.00; John W. Shepard $26.00; Lloyd Egtvet $27.00; Chester
Me. Lee $2840; Mrs..Abner Haugen $12t00; Harold Sundet $38.00; Eugene Vuicich $42.00; James D.
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Johnson $24.00; Wm. Riedell $42.54; Giesen costumes $40.00; Phils Fixall $43.00; Adams $2.60;
Williams Printing Co. $24.00; General Fund $11.73; Floyd Markee $20.00; American Legion Wm. T.
McCoy $20.00; Rochester Male Chorus $100.00; Harold Cooke $76.91; Carl Fischer Inc..$13.76.
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From the Parking Meter Fund: Thiem Signs $18.50; Minnesota Mining & Mfg. $37.80;
Gopher Stamp &,Die Company $101.75; The Rochester Visitor $15.00; Williams Printing Co. $12.50;
From the Permanent Improvement.Fund: St. Mary's Hosptital $150.00.
Resolution authrozing the City Attorney to admit on behalf of the City in its answer
to the Complaing of,Clarence R.-Thompson that the portion of Oronoco Street, now Third Avenue
Northwest, which lies Easterly of a line parallslt% with,and seven feet easterly of a.line,
has been abandoned by the City of Rochester as a public street, was read. Upon motion by DeVries,
second .by Wilson,wand all voting in favor thereof, the resolution was adopted.
Resolution authorizing the owners of Lots 4, 5� 6, Block 5, Northgate Third Addition
to construct A principal building on portions,of all of said lots in accordance with the plan
filed,with the City, such building to be constructed no closer than 8 feet to the.rear lot lines of
said Lots 4, 5 and,6, was read._ Upon motion by Thomas, second by Morris, and all voting in favor
thereof, the resolution wps adopted.
Resolution amending the resolution establishing parking and parking meter regulations
and provisions pursuant to Ordinance No. 871, as follows, was read:
Section (2),NO PARKING ZONES, is hereby,amended.by adding.thereto Subsections
dy and dz to read as follows:
."dy. On 4th Avenue Southwest on the East side of the street
between 5th Street and 6th Street at all times.
` .."dz. On 16th Avenue Northwest and Southwest on both sides of the
street between 2nd Street Northwest and.2nd Street Southwest,
at all times.
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Upon.motion by, Bergstedt, second by Wilson, and all voting in favor thereof, the above.resolution
was adopted.
Resolution,. -mending the resolution establishing parking and parking meter regulations
and provisions pursuant to Ordinance No. 871, as,follows, was read:.
Section (2), NO PARKING ZONES, is hereby amended by adding thereto
Subsection dx to read as follows:
"dx. On 4th Street Southeast on the south side of the Street
from llth Avenue to 13th Avenue at all times."
Section (4) TRUCK LOADING ZONES, is hereby amended by adding thereto
Subsections ap and aq to read as follows:
% ..-On 7th Street Northwest on the south side of the Street, 30
feet more or less, in front of the premises known as 14 - 7th
Street Northwest."
"aq. On 1st Avenue Northeast on the east side of the Avenue, 30
feet more or less, in front of the,premises known as 218 -
lst-Avenue Northeast."
Upon motion by Bergstedt, second by Wilson, and all voting in favor thereof, the resolution was
Record of Official Proceedings of the: Common Council
of the City of Rochester, Minn., August 6, 1962
141
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adopted.
An Ordinance entitled "An.Ordinance amending 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 Block.3, South Home Second Addition -to commercial district), was
given its 1st reading. ,
An Ordinance amending "An Ordinance for the purpose of.pormoting health, safety, order,
convanience 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, 2, 3, 7, 8 and 9, Block 6, Golden Hill Addition to industrial district) was given its
reading.
.An Ordinance annexing to the City of Rochester, Minnesota, certain unplatted lands not
exceeding 200 acres in area, all bing in the Northwest Quarter (NWk) of Section Three (3)
Township 106 North, Range 14 West; Olmsted County.Minnesota (Big Boy Drive In) was given its
first reading. A motion was made by,DeVries, second by Wilson, that the rules be suspended
and the ordinance be given its 2nd reading. President Tingley voted "no".
Resolution, in consideration of the State.of Minnesota constructing the said east
frontage road of Trunk Highway 14-52 so that there is no connection between said frontage road
and 15th Avenue S. W., the City of Rochester hereby agrees -to indemnify, defend and save
harmless.the State of Minnesota from any, and all damages or claims proximately caused by the
discontinuance or closing of said connection, was read._ Upon motion by DeVries, second by,
Thomas, and all voting in favor thereof, the resolution was adopted.
An Ordinance regulating the location, establishment, construction and alteration of
curbs, curb -cuts and driveways on the public streets: requriring permits to be obtained;
providing standards for the issuance of.permits; setting forth the authority of the City
Engineer; and providing penalties for violation,of its provision, was given its second reading.
Upon motion by DeVries, second by Thomas, and upon roll call and all voting in favor thereof, the
rules were suspended and the ordinance was given its.third and final reading. A motion was then
made by Wilson, second by Morris, that the said ordinance be adopted as read and all voting in
favor thereof, President Tingley declared the said ordinance duly passed and kadopted.
An Ordinance ,annexing to the. City of Rochester, Minnesota, certain unplatted land not
exceeding two hundred acres in area, all being.in the Southeast One -Quarter of Section Three,
Township One Hundred Six, Range Fourteen, Olmsted County, Minnesota (one lot on llth St. S.W.)
was,given its second reading.
An Ordinance repealing an ordinance entitled, "An .Ordinance to provide .for the licensi
and regulating of certain Going Out of Business Sales", was given its second -reading.
An Ordinance amending an Ordinance entitled, "An Ordinance for the purpose of
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144- Record of Official Proceedings of the .Common Council
of the City of Rochester, Minn., August 6. 1962
FY-6025Z
promoting health, safety, order, convenience and general welfare by regulating the use of land,
the location, size, use and height ob 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 property beteen 2nd and 1st Street S. W. and 16th Avenue S.W. and
west service drive to commercial district) was given its third and final reading. A motion was
then made by DeVries, second by Wilson, that the said ordinance be adopted as read, and all voting
in favor thereof, President Tingley declared the said ordinance duly passed and adopted.
An Ordinance regulating the Storage, Collection and Disposal of Refuse; providing
for the licensing of Refuse Collectors; and prescribing penalties for the violations of its
provisions, was given its third and final reading. A.motion was then made by Thomas, second by
Bergstedt, that the said ordinance be adopted as read, and upon roll call Bergstedt, DeVries,
Morris and Thomas voting "aye" and Wilson and Tingley voting "no", President Tingley declared
the said ordinance duly passed and adopted.
A motion was then made by DeVries, second by Thomas, the action adopting the
resolution ordering a hearing on the vacation of 2nd Avenue Northwest between Center Street and
First Street Northwest, taken earlier in this meeting be reconsidered; upon roll call all voted
in favor thereof. A motion was then made by DeVries, second by Bergstedt, that the resolution
be amended to change the date of the hearing on the said vacation to read September 11, 1962
at 8:00 P. M..instead of September 17, 1962 at 7:30 P. M. All voted in favor thereof. A motion
was then made by DeVries, second by Morris, that the said resolution as amended by approved and
all voting in favor thereof, President Tingley declared the said resolution duly passed and
adopted.
A.resolution approving and recommending to the Minnesota Railroad and Warehouse
Commission that the following petitions of the Rochester Bus Lines, Inc. be approved, was read:
(1) Petition for a permanent certificate for the bus line routes heretofore established on a
trial basis to John Marshall High School (2) petition for permission to establish a trial run to
the new Frank B. Kellogg Junior High School in Northeast Rochester which trial is to be on a
60 day basis and in addition to regular services in that area. (3) petition to change the North
Broadway and Carroll Addition route so that it will travel on 16th'Street Northeast west to 3rd
Avenue Northeast. Upon motion by Wilson, second by Morris, and all voting in favor thereof, the
resolution was adopted.
An Ordinance changing the names of certain streets in Sunset Terrace, Valleyhigh
Addition, Valleyhigh Replat, Northgate Second Addition and Northgate Third Addition all in the
City of Rochester, Minnesota, was given its first reading.
The recommendation of the Public Works Committee recommending acceptance of the
accompanying offer of F. J. O'Brien to purchase the north 34 feet of Lots 6, 7 and 8 and the
north 34 feet of the east 8 feet of lot 9 all in Block 2, Conley's Addition for the amount of
$4,760.00 and that the City Attorney be instructed to prepare the deed and obtain an abstract
was read. Upon motion by Wilson, second by DeVries, and all voting in favor thereof, the
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Record of Official Proceedings of the "Common Council
40 of the City of Rochester, Minn., August 6, 1962
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FT>60252
recommendation was approved.
A resolution authorizing and directing the Mayor and City Clerk to execute on behalf of
the City of Rochester a warranty deed conveying to F. J. O'Brien the north 34 feet of Lots 6, 7
and 8 and the north 34 feet of the east 8 feet of lot 9, all in Block 2, Conley's Addition,
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which land is not needed for any present or forseeable future need of the city; that an abstract
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of titale to the above property be procured and delivered to the buyer and that the deed to
said property be delivered at such time as the purchase price of $4,760.00 is paid to the City,
was read. Upon motion by DeVries, second by Wilson, and all voting in favor thereof, the
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resolution was adopted.
R. V. Ehrick read the following letter from Walter Mondale, Attorney General and
President Tingley ordered the same placed on file:
"Mr.'R. V. Ehrick
Rochester City Attorney
Rochester, Minnesota
Dear Mr. Ehrick:
Your recent request for an opinion has been referred to me for
reply.
It appears that this office has already rendered an opinion as to
the meaning and internt of Minn. Stat. 179.57 in which it was held that
the only authority given by the statute to the adjustment panel is to make
its findings and communicate them to the officials set out in the statute
and to the employees. We said "there is no provision in the law to give
the findings of the adjustment panel any legal effect". See Op.°Atty. Gen
270 D March 5, 1954, copy enclosed.
In view of that opinion, it would appear to me that the provisions
of your home rule charter are not in any way affected by this statutory
section in question. See State ex rel. Town of Lowell vs. City of
Crookston, 252 Minn. 526 91 N. S. 2d. 81 (1957). Consequently, I
conclude'thit the recommendations of the adjustment panel should be
considered by your council from the view point of whether or not they
should be adopted to take effect on and after January 1, 19630
If I can be of any further assistance, please let me know.
Very truly yours,
/s WILLIAM F. BROOKS, JR.
Special Assistant Attorney General"
The following letter was then read:
"City of Rochester Fire Dept.
Frank Everett, Chief
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Rochester, Minnesota
Re: Repair to Fire House No. 1
Gentlemen:
July 31, an inspection, by the writer, was made of referenced building to determine
type and extent of repair work to be done to the masonry Parapet Walls which show
cracks and deterioration of mortar joints and also possible leadking of roof water
therough these walls.
The writers opinion of the cause of the rapid deterioration of wall is due to mortor
joints in Stone Coping allowing rain and snow water to seep into masonry and during
freezing weather is causing separation of masonry units. Also a further cause
during summer hot weather is the expansion of masonry Parapet Wall to cause
further opening of the ruptured joints.
The situation can be corrected by removing a section of the Wall and rebuild. The
Stone Coping also shoiad have the old mortar joints cleaned and new joints made
water gight. The exact amount of work necessary to insure against this situation
happening again can be determined as a portion of Parapet Wall is removed and
extent of damage to existing masonry, roofing and flashing can be determined.
The writer recommends that a masonry contractor be employed at the regular wage
rates to do the work necessary. Supervision of the work should be done by the
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of the City of Rochester, Minn., August 6, 1962
City Engineering Dept. or private concern as determined by the City Council.
Estimated cost of work cannot accurately be made from observation. It is the
opinion of the writer that bids from Contractor to do the work for a
specified amount would result,in,high costs and that the work should be done
on'a cost plus system and as a maintenance project.
Yours truly,
/s Daniel W. Robbins, Architect"
A motion was then made by Wilson, second by Bergstedt, that the City Attorney be instructed to
prepare a resolution ordering bids on the above work on a cost plus basis, and all voting in favor
thereof, President Tingley declared the motion carried.
Upon motion by Wilson, second by Morris, and all voting in favor thereof, the meeting
was adjourned until 7:30 o'clock P. M. on Augugt 20, 1962.
Cit Clerk