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HomeMy WebLinkAbout10-01-1962Record of Official Proceedings of the Common Council of the City of Rochester, Minn., October 1, 1962 191 1 ao • 1 1 0 1 Minutes of a megular-rmeeting of -the Common Council of -the City of Rochester, Minnesota,] held in the Council Chambers in the City, Hall, in said.City, on October 1,,1962. Upon motion by Thomas, second by Wilson, and.all voting in favor thereof, Alderman Morris was appointed as President pro tem. President pro tem Morris called the meeting_. to order at 2:00 o'clock P. M., the follow- ing members being present: President pro tem Morris, Aldermen Bergstedt, DeVries, Leonard, Thomas, Wilson. Absent: President Tingley. Upon motion,by Thomas, second by Wilson,.and..all voting in favor thereof, the minutes of the meetings of.September 11, 1962 and September 17, 1962 were approved. President pro tem Morris stated this as being the time and place set for receiving and opening bids for the following.projects: Bids for,street.grading and surfacing on 16th;Street S. E. from 3rd Avenue S. E. to the, Chicago Great Western Railroad Right-of-way, Golden Hill Industrial Addition.. The bids of Leon Joyce,Blacktop Company in the.amount of $14,907.25 and Rochester Sand & Gravel Company in the amount,of $14,270.15 were each received and.opened and upon motion by DeVries, second by Wilson, and all voting in favor thereof, the bids were referred to the Public Works Committee and City Engineer for tabulation and recommendation. .Bids for Part 2-B,.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 Trunk.Highway 63 of Golden Hill And,all of Garden Acres. The bids of Carlisle G. Fraser, Inc._,in the amount of $95,943.60; Kasson Sewer & Water, Inc. in the amount of $103,688.50 and Barbarossa & Sons, Inc. in the amount of $102,754.30 were each received and opened,and upon motion by DeVries, second by Thomas, and all voting in favor thereof, the bids were referred to the Public Works Committee and City Engineer for tabulation and recommendation. Bids for widening and repaving on the Ath Avenue Southwest from West Center Street to ,3rd Street Southwest and on 2nd Street Southwest from 3rd Avenue Southwest to 250 feet west of 4th Avenue Southwest. The.bids of Leon Joyce Construction Company in the amount of $89,263.25 and Rochester Sand & Gravel Company in the amount of $88,347.70 were each received and opened and upon motion by DeVries, second by Wilson, and all voting in favor thereof, the bids were referred to the Public Works Committee and City Engineer for tabulation and recommendation. A letter.from Frank Pavlish, Mayor.of Chatfield, Minnesota inviting city officials to the regional meeting of the,League of Minnesota Municipalities on Tuesday,, October 9, 1962 was read, Upon motion by Wilson, second by Bergstedt, and all voting in favor thereof, the letter was ordered placed on file and city officials wishing to attend were authorized to do so at city expense. A letter from the American War Dads requesting permission to hold their annual Tag Day on the streets of Rochester on Saturday, October 13, 1962 was read. Upon motion by Wilson, sec by Bergstedt, and all voting in favor thereof, the request was granted. A letter from John S. Pearson, PhD of 518 - 6th Avenue Southwest requesting that the • r 19 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., October 1, 1962 • Council act to atthorize and direct the City Engineer to restore the full -use of the alleyway adjacent to the north property line of his residence was read. Upon motion by Wilson, second by Thomas, and all voting in favor thereof, the letter was referred to the Public Works Committee. A letter from the Downtown Retail Merchants -Association requesting that the Council consider the -adoption of a Sunday closing ordinance was read and upon motion by Wilson, second by Thomas, and all voting in favor thereof, the letter was referred to the Public Safety Committee. ` A letter signed by Don Swenson, Manager of the Rochester Airport, requesting that the City of Rochester participate in the cost of certain airport development, in the amount of • $26.500.00, was read and the letter was referred to the Council as a whole to be considered at the meetings on the budget. A letter from Hutchinson -Sauer, Inc. requesting that they be gtanted permission to contract the construction of sanitary sewer, water main, -grading and surfacing and service connections in Northgate 5th Addition was read and upon motion by Leonard, second by Thomas, and all voting in favor thereof, the letter was referred to the Public Works Committee. The following petitions were each read and upon motion by Wilson, second by Thomas, and all voting in favor thereof, the same were referred to the Planning and Zoning Commission: (a) petition of Mary Murdock requesting a change of zoning of Lot 6, Block 10, Golden Hill (1737 - lst Avenue S. E.) from residential to commercial district (b) petition of Robert Neill to have the property at 519-•3rd'Avenue Southwest changed from a residential to a commercial district (c) petition of Roy Nordby to have'Lot 3, Block 5, Ireland's First Addition changed from residential to commercial district. A letter from C. A. Armstrong, City Engineer, requesting approval of the employment of Grodon Westphal 'as Draftsman I beginning October 1st At 90% of the base rate for Engineering Aide 2, to fill a vacancy .left by the resignation of Roger Philo, was read. Upon motion by Leonard, second by Wilson, and all voting in favor thereof, the appointment was approved. A'letter signed by LeRoy Spratte stating that the parking situation on 6th Street N.E. from Broadway°extending east has rapidly become an all day parking lot and requesting that • consideration be given to a time limit was read. Upon motion by DeVries, second by Bergstedt, and all voting,in favor thereof, the letter was referred to the Public Safety Committee. A letter from Avon Products, Inc. opposing the adoption of the proposed ordinance which would prohibit soliciting in the City of Rochester was read and upon motion by Thomas, second by Leonard, and all voting in favor thereof, the letter was referred to the Public Safety Committee and the City Attorney. A letter signed by Henry B. Hahn, Jr. suggesting that the "No Parking at Any Time" signs on the south side of 4th Street Southeast in the 400 block be either enforced or removed ' was read. Upon motion by Bergstedt, second by Leonard, and all voting in favor thereof, the letter was referred to the Public Safety Committee. • Record of Official Proceedings of the Common Council of the City of Rochester, Minn., October 1, 1962 1.9. e • 1 1 • 1 A letter from the State Soil Conservation Committee stating that the Said Committee had approved the South Zumbro water -shed, and would recommend it to Governor Andersen and Mr. H. A. Flueck, State Conservationist (this does not mean that the watershed has been placed on the priority list but like a dozen others -received before it will be considered by the priorities committee whenever Mr. Flueck asks that they recommend more watersheds for the .-priority list) was read. Upon motion by DeVries, second by, Leonard, and all voting in favor thereof, the letter was placed -on file and the Mayor was requested to acknowledge the said letter and suggest that we would be interested in priority rating. , Four applications from N. W. Bell Telephone Company for telephone booths to be placed on 3rd Street S. E. just off Broadway next to Wally's Records; on 2nd Street S. E. just off Broadway next to Cortland Jewelers; on 1st Avenue S. E. just off of 2nd Street S..E.; and on 1st Avenue S. W. off of 6th Street S. W. on Fire Dept. -Property were -presented. Upon motion by Thoms second by DeVries, and all voting in favor thereof, the locations were each approved. The City Engineer's estimate for widening and repaving on 4th Avenue S. W. from West Center Street to 3rd Street S. W..and on 2nd Street S. W. from 3rd Avenue to 250 feet west of 4th Avenue-S. W. in the amount of $88,835.00 was read and President pro tern Morris ordered the same placed on file. ..The following letter was -read and upon motion by DeVries, second by Leonard, and all voting .in favor thereof, the same was referred to the Finance Committee: "To the Mayor and the Common Council of the City of Rochester, Minnesota Gentlemen:. _ We, tihderstand that the space needed for the Police Department of the City of Rochester must be made larger than it is at the present time. Should the City elect to construct a building for the Department of Police, we wish to advise that the properties located at Nos. 520, 526 and,532 Second Street S.W. can be purchased as a site for the location of such a building. This is directly across Second Street Southwest from the Court House and the office of the Sheriff of Olmsted County, and might well be considered a good location insofar as centralization is concerned. These properties adjoin each other and have a frontage of 180 feet running east from Sixth Avenue Southwest and they are all 111 feet in depth. The purchase price of these lots is $120,000, including the buildings thereon which are presently rented, and the rentals therefrom amount to $11,200.00 per year. If This location is desirable and you feel that'the space is more than is needed, a smaller area may be purchased at the following prices: The property located at 520 and 526 Second Street Southwest, equal in size, for the sum of $35,000.00 each, and the corner lot at 532 Second Street Southwest may be purchased for $50,000.00. /s CLIFF IGO /s STEVE FINN, Agents" A letter from Rochester Maintenance Supplies Company requesting to purchase three feet of land adjacent to their property at 407 Fifth Avenue Northwest, which is now owned by the City,'' so they would be able to construct a three car garage, was read. Upon motion by Wilson, second by Bergstedt, and all voting in favor thereof, the letter was referred to the Public Works Committee. Mr. Chas. Hutchinson and Mr. Fred Sauer were present and requested that the Council grant them permission to contract for the work in Northgate 5th Addition and requested that some 1, . Record ­ of Official Proceedings of the Common Council of--the.-City.-of-Rochester, Minn., October 1, 1962 FY=6'02'52 action be taken this afternoon so they could proceed with the work. C..A. Armstrong, City Engr. reported that the plans had not been received for this work -and until they were received no action could be taken. The recommendation of the City Planning and Zoning Commission stating that they had reviewed the preliminary plat of Smalkoski's Subdivision and recommend that this plat be granted preliminary approval subject to (1) lands shall be provided and dedicated on the plat for a turn- around area on the east end of the platted alley in Block 3 Highland Addition and (2) a 10 ft. utility easement shall be provided along the west line of Smalkoski's Subdivision, was read. Upon motion by DeVries, second by Bergstedt, and all voting in favor thereof, the recommendation was • approved. The,recommendation of the City, Planning and Zoning Commission stating that they had reviewed the petitioq to change the zoning on Smalkoski's Subdivision and recommend,that (1) that part of SmAloski's Subdivision (preliminary plat) lying north of.the north line of the alley extended to,tha east as platted in Block 3, Highland Addition be changed from the residential district to the commercial district upon annexation and plat approval and (2) that the part of Smalkoski's Subdivision (preliminary plat) lying south of the north line of the ,alley, extended to the east, us platted in Block 3, Highland Addition remain in the residential district upon annexation and approval of the plat, was read. Upon motion by DeVries, second by Bergstedt, and all voting in favor thereof, the recommendation was approved and a hearing on the proposed change zoning was set for 7:30 o'clock P. M. on November 5, 1962. The recommendation of the City Planning and Zoning Commission stating that they had reviewed the petition to annex the east 300 feet and the north 115 feet of Lot 8, Allendale Subdivision and recommend that.this annexation be granted approval was read. Wom Moore, Planning Director, verbally recommended that they be required to dedicate 4 feet for street purposes. Upon motion by DeVries, second by Bergstedt, and all voting in favor thereof, the recommendation was approved with the stipulation that a 4Z foot dedication be provided along the west side of 18th Avenue and the City Attorney was instructed to prepare an ordinance annexing the said land. • Upon motion by Bergstedt, second by Wilson, a recess was declared at 3:40 P. M. The meeting was called to order again at 4:10 P. M. with President Tingley presiding. All members were now present. The recommendation of the City Planning and Zoning Commission stating that they had reviewed the petition to change the zoning on Lots 1-4, Block 4 and Lots 1-13, Block one (1) of the preliminary plat of Sehl's 2nd Subdivision from residential to multiple dwelling district and recommend that this zone change�be granted, was•read. Upon motion by DeVries, second by Wilson, the recommendation.was approved and a hearing on the proposed --zone change was set for 7:30 P. M. on f November 5, 1962. All voted in favor,.thereof, except Alderman Leonard who voted "no". The recommendation of the City Planning and Zoning Commission stating that they had reviewed the petition to change the zoning on Lots 1-8, Mill Reservation Subdivision from Record of Official Proceedings of the Common Council of the City of Rochester, Minn., October 1, 1962 ",a ---FY•60252 E 1 • residential to commercial district and recommend that this zone change be granted was read. Upon motion by Thomas, second by Wilson, and all voting in favor thereof, except Alderman Leonard, who voted "no", the recommendation was approved and a hearing on the proposed zone change was set for.7:30 P. id. on November 5, 1962. The recommendation of the Public Safety Committee that parking be prohibited on the east side of 7th Avenue S. W. between 2nd.Street S. W. and 3rd Street S. W. and on the west side of 7th Avenue S. W. between 3rd Street and 4th Street S. W. was read. Upon motion by Wilson, second by Bergstedt, and all voting in favor thereof, the recommendation was approved and the City Attorney was instructed to prepare a resolution establishing the said change. The recommendation of the Public Safety Committee that parking be prohibited on the south side of West Center Street from Broadway to the first alley, parking to be prohibited from 7:00 a.m. to 6:00 p.m. every day of the week, was read. Upon-motion_by Bergstedt, second by Wilson, and all voting in favor thereof, the recommendation was approved and the City Attorney was instructed to prepare a resolution establishing the said change. The recommendation of the Public Safety Committee•that a`truck loading zone be established -in front of the premises known as Jones Produce, located at 508 - 1st Avenue S. W. was read. Upon motion by Thomas, second by Wilson, and all voting in favor thereof, the ,recommendation was approved and the City Attorney was instructed to prepare a resolution establishing the said loading zone. The recommendation of the Public Safety Committee that a truck loading zone be established in front of the premises known as Bandow Flowers, located at 105 - 2nd Street S. W., was read. Upon motion by Bergstedt, second by Wilson, and all voting in favor thereof, the recommendation was approved and the City Attorney was instructed.to prepare a resolution establishing the said loading zone. The recommendation of the Puulic Safety Committee that a truck loading zone be established on the east side of 1st Avenue Southeast, the last stall before East Center, for use of Beckley Equipment Company, was read. Upon motion by Thomas, second by .Leonard, and all voting in favor,thereof, this recommendation was tabled until the evening meeting (the Council to view the location in the meantime). The recommendation of the Public Safety Committee that the truck loading zone presently located at 118 - 1st Avenue S. W. in front of the premises known as Renning's Flowers, be moved to the first parking place north of the alley in the same block, and that.the present truck loading zone be metered, was read. Upon motion by Bergstedt, second by Thomas, and all voting in favor thereof, the recommendation was approved and the City Attorney was instructed to prepare a.resolution making the requested change. The recommendation of the Public Works Committee and City.Engineer that the bid of Rochester Sand & Gravel for grading and surfacing on 16th.Street S. E. from 3rd Avenue S. E. to the Chicago Great Western Railroad Right-of-way, Golden Hill Industrial Addition, be accepted at the unit prices bid and checks be returned to the unsuccessful bidders, was read. Upon 0 r. 196 Record of Official Proceedings of, the Common Council of the City of Rochester, Minn., October 1, 1962 41 FY=60252 (motion by DeVries, second by Wilson, and all voting in favor thereof, the recommendation was approved. The recommendation of the Public Works Committee and City Engineer that the bid of Rochester S,rnd & Gravel Company for widening and repaving on 4th Avenue Southwest from West Center Street to 3rd Street Southwest and on 2nd Street Southwest from 3rd Avenue Southwest to 250' west of 4th Avenue Southwest, 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 thereof, the recommendation was -approved. The recommendation of the Public Works Committee and City Engineer that the bid of Carlisle G. Fraser, Inc. for Part 2B 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 T. H. 63 of Golden Hill and all of Garden Acres be accepted at the unit prices bid and checks be returned to the unsuccessful bidderp was read. Upon motion by Bergstedt, second by Wilson,. and all, voting in favor thereof, the recommendation was approved. The application of Adrian J. Ronnenberg for a Journeyman Warm Air Heating, Ventilating and Air Conditioning Workers' license was read and upon motion by Wilson, second by Bergstedt, and all voting in favor thereof, the license was granted. The application of Burton R. Tracy for a Journeyman Plumber's license was read and upon motion by Wilson, second by Bergstedt, and all voting in favor thereof, the license was granted. The application of Lysne Construction Company for a•permit to move a garage 12 x 28 from 228 First Street Northeast to outside the city limits was read and upon motion by Wilson, second by Bergstedt, and all voting in favor thereof, the permit was granted, the said building to be moved under the supervision of the Chief of Police and the Building Inspector. 1 The license bond of W. J. Hankee Company in the amount of $1,000.00 with St. Paul Fire and Marine Insurance Company as surety was read and upon motion by Wilson, second by Bergstedt, and all voting in favor thereof, the bond was approved, the surety thereon accepted and the same was ordered placed on file. The reports of the Clerk of Municipal Court -for the week ending September 21, 1962 showing total criminal fines and costs collected and civil fees received $2,986.00 and for the week ending September 28, 1962 showing total criminal fines and costs collected and civil fees received $3,626.00 were each read and President Tingley ordered the same placed on file. The following claims were each read and upon motion by Wilson, second by Bergstedt, 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: Foom the General Fund: Dieter Paper & Marine Supply $23.60; Stanley Morris $12.30; Robert Ludescher $158.40; Robert R. Blakely $67.50; Alfred Heyn $106.22; Marvin Price $30.37.; William Slavin $17.85; Tom 0. Moore $15.50; Alfred Nelsen $24.37; Garnet Spring $194.87; House & Home $5.95; The Mayo Clinic $15.00; Walter B. Gordon $49.20;William Burrows $45.75; Charles Dornack $48.75; Elfreda Reiter,,City Clerk $143.66;' C.*A. Cottingham $31.00; Gerald Cunningham $2.60; Monte's $37.88; The Johnson Company $29.84; National Cash Register Company $37.30; Miller 1 • 1 1 • 1 E Record of Official Proceedings of the Common Council of the City of Rochester, Minn., October 1,- 1962 41-94 1 • 1 0 • 1 Davis Company $9.68; Construction Bulletin $22.60; International Business Machines $24.00; Elaine Miller $96.00; Ace Hardware $15.86; Harry Evans $7.25; Rogers $63.20; Woodhouse Brothers $16.80; Fillmore County Sheriffs Office $12.30; Time Inca $.65; Louis Bennett $133.95; Whitings Printers $3.75; Kerrigans Oil Construction & Equipment Co.. $37.45; Alpek Sheet Metal $36.01; Minneapolis Blue Prknting $21.58; Twin City Testing & Engineering $20.00; Superintendent of Documents $1.00; Census Department of Commerce $14.75; William Kroll $3:90; Gene & Joe's Golf Center $50.00; Quality Printers $85.80;'Gerald Roberts $24.00; R. C. Drips Grocer Co. $55.20; Witte Transportatic Co. $12.75; The Woodruff Company $11.60; S. M. Supply Co. $3.54; Gopher Welding Supply Co. $18.70; Rochester Iron Works $5.00; Rochester Airport Company $38.87; LeRoy Hennum $9.40; Alex Smekta $48.75. Rrom the Street & Alley Fund: Ace Hardware $1.78; Gerald Roberts $82.60; R. C. Drips Grocer $23.89; General Trading Company $19.15; Witte Transportation Co. $3.25; The Woodruff Company $1.15; Anderson Radiator Service $24.15; Gopher Wleiding Supply Co. $9.60; Herbert G. Knopp Agency $165.00; Phillippi Equipment Co. $22.42; National Welding Supply Co. $51.94; Dave's Auto Beauty Shop $12.50; Standard Oil $105.53; Phillippi Equipment Co. $8.22; L. N. Sickels Co. $31.25; United Building Centers $15.00; K & M Auto Glass $26.21; LeRoy Hennum $75q. From the Fire Protection Fund: Ace Hardware $81.65; S. M. Supply Co. $73.61; Anderson Radiator Service $2.30; Gopher Welding Supply Co. $23.00; National Fire Protection Assn. $52.50; National Bushing & Parts $12.05; E. J. Hand $4.00; Kenneth Stoltenberg $96.85; United Building Center $1.50; E. J. Klampe Company $6.75; R. B. Seeney $16.00; Auto Production Corp. $10.70; Natale Machine & Tool Company $15.70; From the Police Protection Fund: Elfreda Reiter City Clerk $8.32; Ace Hardware $.31; Charles Campbell $88.30; Eugene K. Goetz $20.00; Art Maass $16.95; Bakers Better Shoes $32.90; 0 & B Shoe Store $126.70; Donaldson's $57.95; Roy Kingrey.Inc. $21.00; Adamson Motors Inc. $120.90; Reuben A. Rieck $80.00; State of Minnesota Civil Service Dept. $128.00; Gold Cross Ambulance Service $20.00; Key Laboratories Inc. $12.60; Capital Eat Shop $6.20; Carl J. Briese $19.50; Larsons Standard Service $1.00; C. Russell Smith Jr. $70.00; Key Laboratories $12.50; Charles A. Pallock Jr. M.D. $45.00; Byron W. Brueske $35.62; The Dayton Company $33.85; Firestone Stores $106.18; LeRoy Hennum $7.15. From the Sewer Fund: Elfreda Reiter, City Clerk $1.15; Ace Hardware $6.96; The Woodruff Company $18.20; S. M. Supply Company $32.92; Glendenning Motorways Inc. $4.30; Geo. T. Walker Company $75.73; Meyer Machine Inc. $194.05. From the Auiitorium Fund:. City of Rochester, P.U. $79.20. I From the Music Fund Harold Cooke $6.34; G. Schirmer Music Co. $21.50; G. Schirmer Music Co. $55.15; Floyd Markee $20.00; Bach Music Company $7.20; Williams Printing $30.0 From the Parking Meter Fund: Rochester Iron Works $5.50; LeRoy Hennum $1.40. From the Park Improvement Fund: N. W. Bell Telephone Co. $90.89; From the P.I.R. Fund: Harry Evans, Registerof Deeds $93.00. The following resolutions were each introduced and read and upon motion made and 9 8 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., October 1. 1962 =======-f Y-750252 seconded and all voting in favor thereof, President Tingley declared the said resolutions duly passed and adopted: Resolution referring improvement petition for construction of a sanitary sewer, storm sewer, water main, grading and surfacing and service connections in Northgate 5th Addition to'the Public Works Committee and City Engineer. Upon motion by DeVries, second by Leonard, resolution adopted.' Resolution referring improvement petition for construction'of a sidewalk on both sides of 5th Place Northwest from 5th Street'Northwest to 6th Street'Northwest (Country Club Manor• 2nd' Addition and Country Club Manor 6th Addition). Upon motion by Leonard, Second by Morris, • resolution adopted. Resolution referring improvement petition for construction of a curb and gutter on 4th Avenue Northeast from 16th Street Northeast to the north end of 4th Avenue Northeast. Upon motion by DeVries, second by'Thomas, resolution adopted. Resolution accepting the bid of Rochedter Sand & Gravel Company for grading and surfacing on 16th Street Southeast from 3rd Avenue Southeast to'the Chicago Great Western Railroad right-of- way, Golden Hill Industrial Addition. Upon motion by Thomas; second by Morris, resolution adopted. Resolution accepting bid of Rochester Sand & Gravel Company for widening and repaving on ,4th Avenue Southwest from West Center Street to 3rd Street Southwest and on 2nd Street Southwest from 3rd Avenue Southwest to 250' west of'4th Avenue Southwdst. Upon motion by Wilson, second by Leonard, resolution adopted. - Resolution accepting the bid of Carlisle G. Fraser, Inc. for Part 2B 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 of Golden Hill and all'of Garden Acres. Upon Motion by Bergstedt, second by DeVries, resolution adopted. Resolution -appropriating $1,522.63 from the P.I.R. Fund and ordering payment made do E.C. Bather & Associates., Upon motion by DeVries; second by Leonard, resolutiori adopted. Resolution appropriating $526.92 from the P.I.R. Fund and ordering payment made to E. C. Bather & Associates. Upon motion by Leonard, second'by Thomas, resolution'adopted. • Resolution appropriating $1,478.25 from the P.I.R..Ftind'and ordering payment made to E.C. Bather & Associates. Upon motion by Leonard, second by Thomas, resolution adopted. + ' Resolution appropriating $630.00 from'the P.I.R. Fund and 'ordering `payment made to E.C. Bather & Associates. Upon motion by Thomas, second by Wilson, resolution adopted. Resolution app'rop'riating $10,397.19 from the P.I.R. Fund and ordering payment made to Doyle Conner Co, 'Upon motion by Wilson, second by Bergstedt, resolution adopted. Resolution appropriating $11,658.80 from the' P.I.R. FDnd and ordering payment made to Carlisle G. Fraser, Inc. Upon motion by Bergstedt, second by DeVries, resolution adopted. Resolution appropriating $18,376.51 from the Bridge Fund and ordering payment made to H.S. Dresser & Son. Upon motion by DeVries, second by Leonard, resolution adopted. Resolution appropriating $12,103.74 from the P.I.R. Fund and ordering payment made to Agneberg Sankstone. Upon motion by Leonard, second by Thomas, resolution adopted Record of Official Proceedings of the Common Council of the City of Rochester, Minn., October. 1,_ 1962 Resolution appropriating $1,469.65 from the P.I.R. Fund and ordering payment made to Rochester -Sand & Gravel. Upon motion by Thomas, second by Wilson, resolution adopted. Resolution appropriating $6,917.44 from the P.I.R. Fund and ordering payment made to Doyle Conner Company. Upon`motion by Wilson, second by Bergstedt,.resolution adopted. Resolution appropriating $52,596.79 from the P.I.R. Fundland ordering payment made to Carlisle G. Fraser, Inc.. Upon motion by Bergstedt, second by DeVries, resolution adopted. Resolution appropriating $271.10 from the Police Protection Fund and ordering payment made to Anderson's, Mens Wear. Upon motion by DeVries, second by Leonard, resolution adopted. • Resolution appropriating $825.06 from the Fire Protection Fund and ordering payment made to Alvin E. Benike. Upon motion by Leonard, second by Thomas, resolution adopted. Resolution appropriating $23,291.28 from the Permanent Improvement Fund and ordering payment made to Alvin E. Benike. Upon motion by Thomas, second by Wilson* resolution adopted. Resolution appropriating $60,392.25.from the Sewer Fund and ordering payment made to Sinking Fund $58,424.13; Adler Enterprises: Inc. $1.,550.00 and Michel Sales Company $418,12. Upon motion by Wilson, second by Bergstedt,.resolution adopted. Resolution appropriating $6,144.75 from the General,Fund and ordering payment made to Viker & Sorenson $665.00; Northwestern Refining -Co. $3,045.02; Peoples Cooperative Power $2,134.73 Stanley Drips, Postmaster $300.00. Upon motion by Wilson, second by Leonard, resolution adopted. Resolution appropriating $873.14 from the Street & Alley Fund and ordering payment made to Li.ttrup Nielson, Inc. $248.00; Doyle Conner Company $410.69; E. J. Vonch $214.45; Upon motion by Leonard, second by Morris, resolution adopted. Resolution appropriating $1,077.52 from the Fire Protection Fund and ordering payment made to Mankato Fire & Safety Co. $399.60; Notifier.Corp. $319,.83'and Herbert G. Knopp Agency $358,.09. Upon motion by Morris, second by Thomas, resolution adopted. Resolution appropriating $500.00 from the Bridge Fund; $497.84 from the Music Fund and $874.58 from the Auditorium Fund and ordering payment made to First National Bank $8W.8,; E. J. Klampe Company $497.84; R. V.-Ehrick $500.00. Upon motion by Thomas, second by Wilson, resolution adopted. Upon roll call all voted in favor thereof. • Resolution appropriating $508.14 from the General Fund $5,444.65 from the S & A Fund, $281.94 from the Fire Protection Fund, $6.46 from the.P.I.R. Fund, $5.73 from the Sewer Fund, $386.44 from the Police Protection Fund, $190.29 from the Lighting Fund, $535.19 from the Parking Meter Fund, and $160.00 from the Permanent Improvement Fund and ordering payment made to N. W. Bel: Telephone Co..$623.75; City of Rochester, P.U. $7,658.94; H & H Electric Company $596.93; Peoples Natural Gas Co. $273.22; General Fund $5,378.71. Upon motion by Wilson, second by Bergstedt, resolution adopted.. Resolution appropriating $159.66 from the Park Improvement Fund, $859.11 from the Lighting Fund and $513.31 from the Auditorium Fund and ordering payment made to City of Rochester, P..U. Upon motion by Bergstedt, second by DeVries,.resolution adopted. Upon motion by Wilson, second by Thomas, and all voting in favor thereof, the meeting was adjourned until 7:30 P. M. on October 1, 1962. • 0Q Record of Official Proceedings of the Common Council of the City of Rochester, Minn., October 1, 1962 FY-607fS2 President Tingley called the mee,ting.to order at 7:30 o'clock P. M., the following members being present: and Wilson. President Tingley, Aldermen Bergstedt, DeVries,-Leonard, Morris, Thomas President Tingley stated this as being the time and place set for hearings on the following projects: Hearing on proposed change of zoning of vacated 4th Street N. W., in the Rochester Shopping Center Addition from residential to commercial district.. There was no one present, wishing to be heard. President Tingley declared the hearing officially closed. The recommend- ation of the Planning and Zoning.Commission that the zone bhange be granted was again read and upon motion by Wilson, second by DeVries, and all voting in favor thereof, the.recommendation was approved and the City Attorney was instructed to prepare the necessary ordinance. Hearing on proposed change of zoning of property owned by the Rochester State Bank from residential to commercial district. There was no one present wishing to be heard. President Tingley declared the hearing officially closed. The recommendation of the Planning and Zoning Commission that the zone change be.granted was again read and upon motion by Thomas, second by Wilson, and all voting in favor thereof, the recommendation was approved and the City Attorney wAs instructed to prepare the necessary ordinance. Hearing on approval of the plat to be known and designated as Mill Reservation Sub- division. There was no one present wishing to be heard. ,President Tingley declared the hearing officially closed. The recopnepdation of the Planning and Zoning Commission that the plat be approved was again read and upon motion by Wilsop, second by DeVries, and all voting in favor thereof, the recommendation was approved and the City CXerk was instructed to prepare a resolution approving the said plat. Hearing on construption of a sidewalk on the south side of loth Street Southwest,from 8th Avenue Southwest to the,west line of Lot 20, Replat of Block 8, Williams, Healy and Cornforths Addition. I�r, David Bishop, one of the 3 petitioners requesting this sidewalk, urged that the Council go ahead with this project; he said each of these families had quite a few children and by building this sidewalk it would connect with the sidewalk going down 8th Avenue and thus provide sidewalk all the way to School; he said the 3 petitioners.were willing to pay for the four lots, involved (this includes the.lot owned,by Dr. Moore). Mr. Don Franke, Attorney representing Dr. W. A. Moore and the.others opposed to the project, stated that he did not think the Council should install sidewalks in certain spots and particularly where there was opposition to it; he said the hoipes in this area were primarily pf the Cape Cod type and sidewalks.had not been built because they wanted to encourage a New -England appearance; he presented a petition.signed by 0. J. Allerton, Dr. K. A. Huizenga, Dr. W. A. Moore and W. H. Bradley opposing.the construction of this sidewalk,,which was read. There was no one else wishing to be heard so President Tingley declared the hearing officially closed. The recommendation of the Public Works Committee that this project be proceeded With was ggain read. A motion was then made by DeVries, second by, 1 • 1 i� E 0 1 cc • 1 1 • 1 Record of Official Proceedings of the Common Council 201 of the City of Rochester, Minn., October 1, 1962 -FY=60252 Thomas, that the recommendation of the Public Works Committee be approved and that they proceed with the project. Upon roll call all voted in favor thereof (Alderman Leonard abstained). A resolution approving plans and specifications and ordering bids for construction of a sidewalk on the south side of loth Street Southwest from 8th Avenue Southwest to the -west line ofl Lot 20, Replat of Block 8, Williams, Healy and Cornforth's Addition was read. Upon motion by DeVries, second by Wilson, and all voting in favor thereof, the resolution was adopted as read. (Alderman Leonard abstained from voting). The recommendation -of the Public Safety .Committee that a truck loading zone be establis ed on the east side of 1st Avenue S. E., the last stall before East Center Street, for use of Beckley Equipment -Company, was again read. A motion was made by DeVries,'second•by Leonard, that the recommendation be disapproved and the request be denied.. All voted in favor thereof. A resolution accepting the plat to be known and designated as Mill Reservation Sub - Division was read. Upon motion by DeVries, second by Wilson, and all voting in favor thereof, the resolution was approved. Alderman Thomas introduced the following resolution which was read: "WHEREAS, the First Presbyterian Church, owner of the property hereinalher described, has appealed from the decision of the Building Inspector in applying the provisions of Ordinance No. 558 (Zoning Ordinance), and WHEREAS, said appeal was first submitted to the.Planning and Zoning Commission for its consideration -and recommendation, and WHEREAS, pursuant to notice duly published, a public hearing was held by the Common Council in the Council Chambers in City Hall on September 17, 1962 at which time the said appeal was duly investigated and considered, and WHEREAS, on the basis of the evidence presented at such public hearing, the Common Council determined that the provisions of Section 8, Setbacks or Building Lines and Yards, Ordinance No. 658, as amended, may be varied in accordance with the request of the First Presbyterian Church and still be in harmony with the general intent.and purpose of the Zoning Ordinance. NOW THEREFORE, Be it resolved by the Common Council of the City of Rochester that the provisions of Section 8, Setbacks,or Building Lines and Yards, Ordinance*No. 55.8, are hereby varied so as to permit the construction of a church educational unit up to the south and west boundaries of the following described parcel of land in Olmsted County, Minnesota: Lot eight (8), Block Thirteen (13) and that portion of the East One- half (E�) of -the vacated alley in said Block 13 lying immediately west of and adjacent to said Lot 8; and also the east 14 feet of the north 46.04 feet of Lot Eleven (11), Block Thirteen (13) and the West One- half (W�). and the South One-half (S'k) of the vacated alleys adjacent to said parcel, all being in Head & McMahon's Addition to the town of Rochester. A motion was then made by DeVries, second by Wilson, that the above resolution be adopted as read) and upon toll call and all voting in favor thereof, President Tingley declared the said.resoluti duly passed and adopted. Resolution authorizing and directing the Mayor and City Clerk to execute on behalf of the City the contract between the City and the Kruse Company for the construction of certain local improvements in Park Home Subdivision. Upon motion by DeVries, second by Thomas, and all voting in favor thereof, the resolution was adopted. Resolution authorizing and directing the Mayor and City Clerk to execute on behalf of the City the contract between the City and Ray J. Arend, Mary T. Arend, E. J. Armit and Gaby M. Armit for construction of certain local improvements in Sunrise Estates First Subdivision. Upon motion by DeVries, second by Leonard, and all voting in favor thereof, the resolution was adopted! 202 Record of ' Official Proceedings of the Common Council of the City of Rochester, Minn., October 1, 1962 F1'=602ri2 Resolution authorizing and directing the Mayor and City Clerk to execute on behalf of the City the Easement Agreement between the City of Rochester and Leo C. Clark,, Beverly J. Clark, Ruby Meinen Rhoten and Lloyd Rhoten relative to the construction of the new bridge on 6th Street Southeast. Upon motion by Thomas, second by Leonard, and all voting in favor thereof, the resolution was adopted. President Tingley stated that this was the time that the matter of the vacation of 2nd Avenue Northwest from Center Street to 1st Street Northwest would again be discussed. R. V. Ehrick, City Attorney, read the following letter from the Rochester Methodist Hospital: "The Common Council of the City of Rochester, Minnesota Re: Second Avenue Northwest between First Street Northwest and West Center Street, Rochester, Minnesota Gentlemen: Please be advised that should you vacate the above captioned portion of Second Avenue Northwest (hereinafter called "Subject Tract") the undersigned "The Rochester Methodist Hospital", a Minnesota rion profit corporation (hereinafter called "Hospital") will, as soon hereafter as reasonably possible, cause an Easement Agreement td be duly executed by the owners of the Subject Tract and delivered to the City of Rochester, Minnesota, (Hereinafter called "City"), such easement agreement to create in the City an easement (hereinafter called "Easement") for road purposes over and across the Subject Tract. The Easement shall continue in perpetuity unless terminated in accordance with the provisions of the following paragraphs numbered 1 and 2:' 1. Hospital, on or before May 1, 1965 shall cause a notice of termination to be served on the City by mailing the same by.registered mail, postage prepaid, addressed as follows: (a) to the Mayor of the City, City Hall, Rochester, Minnesota; (b) to the City Attorney of the City, City Hall, Rochester, Minnesota; (c) to the City Clerk of the City, City Hall, Rochester, Minnesota; such notice to state the effective date of termination of the Easement (hereinafter called "Termination Date"), which Termination Date shall be not less than 9 months nor more than 18 months after the date the notice of termination is served on the City. 2. Hospi6al shall, prior to the Termination Date, deliver to the City Clerk of the City an agreement, (hereinafter called "Termination Agreement") duly executed by the Hospital pro- viding that within 15 months following the Termination Date., the Hospital will expend or cause to be expended at least $1,000,000 toward the cost of constructing a hospital building (or an addition to a hospital building) to'be constructed so that a portion thereof shall utilize at least fifty percent (50%) of the square foot area of the Subject Tract, provided, however, if within said 15 month period the Hospital has not expended or caused to be expended at least $1,000,000 toward the cost of constructing a hospital building (or an addition to a hospital building) as herein provided, due to any strike, war, national emergency, government regulation, shortage of material or labor at competitive prices, act of God, or other cause beyond the Hospital's reasonable control, said/yperiod of 15 months shall be extended for a period equal to the period of such delay. If the Hospital terminates the Easement and then for any reason whatsoever fails to comply with its obligation under the provisions of the Termination Agreement, it shall be relieved of any further obligations which it may then hale under the provisions of the Termination Agreement by paying to the City the cost, if any, of acquiring a perpetual easement for road purposes over aAd across the,Subject Tract and of rebuilding the street to substantially the condition existing on the Termination Date. If you vacate the above captioned portion of Second Avenue Northwest, the Hospital will indemnify and hold the City harmless from all legally fl E 1 u 0 Record of Official Proceedings of the Common Council of the City of ' Rochester, Minn., October 1, 1962 2090 1 0 1 r� U 1 enforceable claims of damages resulting to third persons by reason of such vacation. r If you vacate the above captioned portion of Second Avenue Northwest, and if the Hospital shall cause a notice of termination of the Easement to be served on the City in accordance with the provisions of paragraph numbered 1 above, the Hospital will pay the costs of relocating the utilities (both private and public) currently located over, under and across the Subject Tract, it being understood that such utilities will be relocated as economically as reasonably possible. THE ROCHESTER METHODIST HOSPITAL By, /s Harold C. Mickey Its Administrator" Alderman Leonard then introduced the following resolution which was read: "WHEREAS, all the owners of all property on the line of Second Avenue Northwest between West Center Street and First Street Northwest, a public street within the City of Rochester, Minnesota, have duly petitioned the Common Council of the City of Rochester in accordance with provisions of Section 211 of the Charter of the City of Rochester to vacate said portion of Second Avenue Northwest, and WHEREAS, the Common Council at a regular meeting held in the Council Chambers on August 6, 1962 considered said petition and the facts and reasons set forth therein and adopted a resolution deeming it expedient that the matter be 1/proceeded with and by said resolution, ordered the petition filed with record with the City Clerk and ordered the City Clerk to give notice in the manner prescribed by the Charter of the City of Rochester that said petition would be heard and considered by the Common Council at 8:00 o'clock p. m. on September ll,.1962, and WHEREAS, pursuant to said resolution the City Clerk filed said petition of record in her office and by publication in the official newspaper for four weeks, not less than once a week, gave notice to the effect that such petition had been filed, stating in brief its object, and stating that said petition would be heard and considered by the Common Council at a meeting thereof,to be held in the Council Chambers in the City Hall at 8:00 o'clock p.m. on September 11, 19622 being not less than ten days from the expiration of such publication, and WHEREAS, pursuant to said resolution and notice, the Common Council duly convened at the time and place specified, investigated and considered the matter I of the vacation of the aforesaid portion of Second Avenue Northwest, and heard the testimony and evidence on the part of all parties interested, and WHEREAS, on the basis of the petition filed, the testimony and evidence presented by interested parties, and the investigation and consideration of the matter by.the Common Council, it appears and it is hereby determined by the Common Council to be in the best interests of the City of Rochester, its inhabitants and all other members of the public to vacate the aforesaid portion of Second Avenue Northwest. NOW THEREFORE, be it resolved by the Common Council of the City of Rochester that Second Avenue Northwest between the north right-of-way line of West Center -Street and the south right-of-way line of First Street Northwest is hereby declared vacated. Be it further resolved that this resolution shall be effective forthwith upon its passage and approval in accordance with law and the City Charter, and after the same shall become effective it shall be published as in the case of ordinances and thereupon a transcript of this resolution, duly certified by the City Clerk shall be filed for record and duly recorded in the office of the Register of Deeds in and for Olmsted County, Minnesota." A motion was made by Leonard, second by Bergstedt, that the said resolution be adopted as read. President Tingley stated that this resolution covers only the vacation of the street but does not provide that the value of the premises be paid for as a condition of the vacation and he was under the impression that the resolution should contain the terms of the agreement. R. V. Ehrick, City Attorney, stated that from a legal procedure standpoint he did not think that the resolution vacating should contain any of the provisions relative to an easement, etc. and thought the letter submitted by Methodist Hospital would be adequate assurance as to what they would do. President Tingley stated that there were many reasons for vacating the street, there was no question about that; we have millions of dollars of labor costs that will be spent here in Rochester and it is a convenience to allied facilities such as hotels and the Mayo Clinic; he said he could see many reasons for vacating this street, it will be a big uplift to the urvan renewal -downtown program ; at the start he said he was very much opposied to vacating any of our main arter*es of traffic 0 1 � 0 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., October 1, 1962 cr•eorez but he felt that a great majority of the people approve of vacating the street but they also did not approve vacating without cost to the Methodist Hospital Association; he said he made a telephone survey in which he made 102 calls to people whom he did not know, this showed that 78 favored vacating the street but only 21 of them favored vacating if it was donated, so that changed my mind a great deal, he said he was very much opposted to vacating any of our main arteries but changed his mind because of the overwhelming support of the people; there are several disadvantages and interupptions as this is,the.only street which we running through North and South except Broadway, it is also setting a precedent which is going to be very difficult for this Council of Council's to follow to break and vacating a street for the benefit of a private non -tax paying organization is something which has been brought to my attention by.many people; I believe it disrupts our street pattern for downtown Rochester; he said there are various advantages and disadvantages and he was convinced that the advantages to the City overbalance the disadvantages; he said he would vote forvacating the street as a public relations standpoint but felt that payment for this would be in order. President Tingley then called for a vote on the motion that the said resolution be adopted as read, and.upon roll call Bergstedt, DeVries, Leonard, Morris, and Thomas voting "aye" and Wilson and Tingley voting "no", President Tingley declared the said resolution duly passed and adopted. Upon motion by Thomas, second by Wilson, a short recess was declared at 8:45 P.M. President Tingley called the meeting to order at 9:00 P. M. with all members being present. An Ordinance annexing to the City of Rochester, Minnesota, a part of Lot Eight (8) Allendale, a Subdivision of the Southwest Quarter of Section 22, Township 107 North, Range 14 West, Olmsted County, Minnesota (The east 300 feet of the.north 115 feet of Lot 8), was given its first reading. _ Upon motion by Thomas, second by Leonard, and upon roll call and all voting in favor thereof, the uules were suspended and the ordinance was given its second reading. Upon motion by Wilson,,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. Upon motion by DeVries, second by Thomas, and all voting in favor thereof, the ordinance was adopted as read. An ordinance annexing to the.City of Rochester, Minnesota, certain unplatted lands not exceeding 200 acres in area, all being in the Northwest Quarter (NW'k) of Section Three (3) Township 106 North, Range 14 West, Olmsted County, Minnesota (Big Boy Drive In), was given its third and final reading.' A motion was then made by Leonard, second by DeVries, and all voting in favor thereof, that the ordinance be -adopted as read. An Ordinance amending an Ordinance Entitled, "An ordinance for the purpose of promoting health, safety, order, conveience 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 0 1 1 1 �J 1 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., October. 1, 1962 205 1 • 1 1 • 1 comprehensive plan (changing Block 3, South Home Addition to Commetcial district - Elks Club) was given its third and final reading. An Ordinance amending an Ordinance entitled, "An Ordinance for the prupose of promoting health, safety, order, convenience and general welfare by regulating the use of land, the locat 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 Lot 8, 9. 10, 11, 12, 13 and 14, Block 29 and north 123 feet of west 30.9 feet of Block 26, Cumming's Addition to industrial district) was given its second reading. An Ordinance amending an Ordinance entitled, "An Ordinance for the purpose of promoting health, safety, order, convenience and general welfare by regulating the,use of land, the location size, 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 third and final reading. A motion was then made by Thomas, 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. The contract bond of Ray J. Arend, Mary T. Arend, E. J. Armit and Gaby Armit in the amount'of $216,138.00 with Pacific National Insurance Company.as surety was read and upon motion by Wilson, second by Thomas, the bond was referred to the Mayor for approval. Upon motion.by Wilson, second by Thomas, and all voting in favor thereof, theA meeting was adjourned until 7:30 o'clock P. M. on October 15, 1962. City, C"i lerk