HomeMy WebLinkAbout10-01-1962Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., October 1, 1962
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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
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Record of Official Proceedings of the Common Council
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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
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$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
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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.
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Record of Official Proceedings of the Common Council
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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
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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
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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.
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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
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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
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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
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(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.
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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
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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.
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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
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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,
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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.
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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.
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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.
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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.
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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,
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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
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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
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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
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., October. 1, 1962
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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