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HomeMy WebLinkAbout04-01-1963412 . Record of Official Proceedings of the Common Council of the City of Rochester, Minn., April 1, 1963 F7-, 02" Minutes of the annual meeting of the Common Council of the City of Rochester, Minnesota, held in the Council Chambers in the City Hall., in said City, on April 1, 1963. Upon motion by Wilson, second by Thomas,and all voting in favor thereof, Alderman DeVries was appointed as President pro.tem. President pro tem DeVries called the meeting to order at.2:00 o'clock P. M., the following members being present: Aldermen Bergstedt, DeVries, Leonard, McCaleb, Thomas, Wilson. Absent: President Tingley. Upon motion by Wilson, second by Bergstedt, and all voting in favor thereof, the minutes of the meeting of March 18, 1963 were approved. Upon motion by Thomas, second by Wilson, and all voting in favor thereof, the minutes of the meeting of March 25, 1963 were approved. Alderman Wilson then introduced the following resolution which was read: "WHEREAS, it is deemed expedient and necessary that the Common Council of the City of Rochester, -Minnesota, adopt rules of order for the conduct of -its -business, and WHEREAS, a copy of Robert's Rules of Order (revised) is before the Common Council. SO THEREFORE, Be it resolved by the Common Council of the City of Rochester, Minnesota: v That the said Robert's Rules of Order be adopted by this Common Council as rules of order for the conduct of its.business.',' . A motion was then made by Wilson, second by Thomas, and all.,voting in favor thereof,,that the.. said resolution be adopted as read. President pro tem DeVries declared the said resolution duly passed and adopted. Alderman Wilson then introduced the following resolution which was read: "Be it resolved by.the Common Council of..the City of Rochester, Minnesota:. That the. said Common Council of the City of Rochester, Minnesota, hereby adopts the following rules and regulations for,the order.,of business of said Common Council: 1. Roll Call. The roll call of the Common Council shall be had and taken in its alphabetical.order according to the names of the members, except that the name of the President of the Comm Council shall be called first'at the first roll call of each meeting and then and after that, at.that meeting, his name shall, be called and vote taken after the_expiession of each of theother members of the said Common Council. 2. Reading and approval of the minutes of the preceding meeting. 3. At the first meeting, the appointment of officers and committees. 4. Public Hearings. _5. Reading ,of petitions and.communications. 6. Reports of Committee. All reports of committees shall hereafter be made in writing, unless ordered otherwise by said Common Council. 7. Unfinished business. 8. Resolutions and ordinances. 9. Bills and claims. 10. Adjournment." A motion was then made by Wilson, second by Bergstedt, that the said resolution be adopted as read and all voting in favor thereof, President pro tem DeVries, declared the said resolution duly passed and adopted. Alderman Wilson then introduced the following resolution establishing standing committees of the Common Council, prescribing their.functions and duties, and providing for appointment of members to such committees, which was read: 1 • 1 1 • 1 Record of Official Proceedings of the Common Council of the City of Rochester, Minn.,. April 1, 1963 • 1 • 1 BE IT RE80LVED BY the Common Council of -the City of Rochester, Minnesota, as follows: _ _ Section 1. Standing Cbmieittees Established.' -The following permanent standing committees of the Common Council of the City of Rochester are hereby established._ A. Finance Committee, B. Public Works,Committee. 'C. Public. Safety.Committee. Section 2. Committee.Functions. The foregoing standing committees shall consider such matters,and.perform such functions and duties as are referred or assigned to'them by' -the Common Council or by the President of the Common Council. The general jurisdiction.of each standing committee is as follows: A. Finance.Committee. 1. Finance. 2. Budgeting. 3. Personnel. 4. Investments. 5. City Hall. 6. Insurance. 7. Taxes. 8. Purchasing., 9." Miscellaneous. B. Public,Works Committee. 1. Streets -,and Alleys. 2. Sewers - siniiary',and storm. 3. Watermains..and towers. 4. .Building Codes and Inspection. 5. Special. -Assessments. 6. Planning and Zoning. 7. Annexations. , 8. Lighting. -- 9. .Public Utilities. 10. Public Grounds. C. Public 9afety-Committee.- 1. Police Department and Protection. 2. Fire Department and Protection. 3. Traffic Control and Parking. 4. Licenses. 5. Public Safety. 6. Parks and- Playgrounds. .7. Health Department. 8. Recreation. 9. Music Department. 10. Civil Defense. Section 3. Each committee shall be composed of not -less than,'three members who shall be appointed by the President of the Common Council at the beginning of each official year. In making appointments to the several Committees,.the,... President shall also designate which member shall be chairman of -the Committee. Section 4. All prior standing committees of the Common Council are her dissolved and all matters referred to those committees are hereby reassigned to the new standing committees. A motion was then made by Thomas, second by Bergstedt, that the said resolution be adopted as read and all voting in favor thereof, President pro tem DeVries, declared the said resolution duly passed and adopted. The Mayor's appointment of Mrs. Marion McQuillan as his secretary for the ensuing fiscal year 1963-1964 was read and upon motion by Thomas, second by Bergstedt, and all voting in favor thereof, the appointment was approved. Mayor.smekta then gave the following address: One hundred years ago the concern of the then Mayor of Rochester was Schools and Taxes. Today we have the same problems. The taxes are becoming unbearable, especially for people with fixed and limited income. With this in mind, I recommend that a Citizens Tax Study Committee be appointed to study ways and means to broaden the tax base. After the study is made, a recommendation to be made to the Council to assist them in helping alleviate the tax buden. As we know, last fall the Board of County Commissioners raised the • 14 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., April 1, i963 _ F7=6D252 property valuation of the City of Rochester ten percent. I emphasize this because the raise of ten percent was on the real estate of the citizens of Rochester-and,not on the rest of the .County. .,I recommend,the Council draft a resolution.urging,the Board of Commissioners to take.what ever,action necessary to increase the County Board of Commissioners from•five,,,to seven members. Three from the rural area, three.from the City, area and one member at large. If they refuse, a tax payers suit should be instigated. May I urge quick passage of the ordinance creating a•Housing and Development Authority. We must help.oui downtown and blighted areas. This is another means of increasing our'tax,base and tax revenue. In studying the attendance record of our Utility Board I. find that on many occasions it has been difficult to have a"quorum with a five man board. A recommend that the Utility Board be increased from five to seven.man board. All members be at large. I recommend to the Council that as quickly as possible funds -be made available to purchase the property east of.the Williams property for future expansion of City Departments. As our City grows and our departments grow, .of • we will need additional space. By purchasing the property east the Williams property to the alley, a new municipal building could be erected to house our Police Department; Juvenile and Traffic Departments and others. Funds for the acquisition of this property could be .the gross,earning tax from the Utility Department. Five years ago, I suggested a coordinated central purchasing department. I hope this will come to pass this year. The pavement on Btoadway is deteriorating badly'in many areas. I'suggest that instead of patching, concrete be used to fill the holes and deteriorated areas. The citizens are demanding more Parks and Recreation Areas. It will be necessary for the City to develop two parks --the one'we acquired from the State of Minnesota --and the second in the Northwest'area of Rochester. Consideration must be given on how to finance these two'projects--probably through a bond issue. During the past year it has been a privilege to'work with the members of the Council. I commend you for the work that you have done. You 6v'e�' accepted your responsibility as Leaders of our Community and have fulfilled them well. We start a new year with a new member of the Council. To him I.say the responsibilities you will accept are great,.but.you must realize that when you make a decision you decide for the welfare of the citizens of,Rochester. In looking into the future I realize that many problems are facing us because of the rapid growth of our city. Working together with vision, courage and determination, these problems one by one -will be sc)lved. I am looking forward to be of assistance to you in making -our City, yours and mine, a City that will be accepted with pride by its -own citizens and by the people of Minnesota. The following applications for appointments to the various city offices as requested by the City Charter were each read and upon motion by Thomas, second'by Leonard, and all present voting in favor thereof, the same were approved and the'following appointments were made for the ensuing year: Elfreda Reiter was reappointed as City Clerk for the ensuing official year; C. A. Armstrong was reappointed as City Engineer for the ensuing official year; • Tom 0. Moore was reappointed as City Planning Director for the ensuing official year; R. V. Ehrick was reappointed as City Attorney for the ensuing official year; Garnet Spring was reappointed as Building Inspector for the ensuing official year; Charles H. Donrnack was reappointed as Plumbing Inspector for the ensuing official year; William L. Burrows was reappointed as Heating Inspector for the ensuing official year; Walter Be Gordon was reappointed as Electrical Inspector for the ensuing official year; Marvel M. Kyle was reappointed as Secretary to the Building, Electrical, Plumbing and Heating Inspectors for the ensuing official year;' Warren Eustis was reappointed as Assistant City.Attorney for the ensuing official year; Frank W. Everett was reappointed as Fire Warden for the ensuing official -year; Warren Folkert was reappointed as Assistant City Painter for the ensuing official year; . Kenneth H. Boege was reappointed as Assistant City Painter for the ennuing official year; • Record of Official Proceedings of the Common Council- 4 of the City of. Rochester, Minn., April 1, 1963 1 n 1 • John -Bakke was reappointed as Assistant City:Clerk - Personnel Division for the ensuing official year; Burton Baker was reappointed as Assistant City Clerk - in Charge of Finance for the'ensuing official -year;_ Joseph M.--Healey was reappointed as'Chief Maintenance Man in the Parking Meter Department for -the ensuing official year; Edwin W. Winter was reappointed -as Assitant Maintenance Man in the Parking Meter 'Department for the ensuing official year; Harold Weisenei was reappointed as Assistant Custodian of the City Hall for the ensuing official year; Ernest Hagen.was reappointed as Assistant Custodian of the City Hall..for the ensuing official year; Robert Ludescher was reappointed as Assistant Custodian of the City Hall for the ensuing official year; Robert R. Blakley was reappointed as City Pound Master for the ensuing official year; Alfred Heyn•was reappointed as'Assistant City Pound.Master for the.ensuing official year; Arthur Towey was reappointed as City Weighmaster for'the ensuing official year; Flora C. Anderson'was reappointed as Secretary in the Juvenile Bureau of the Police Department for the ensuing official year; Margareth A.-M. Anderson was reappointed as Secretary in the Police Department for the ensuing`official year; ` Carol A. Judd was reappointed as Secretary .in the .Police Department for.the ensuing official year; _ _. _ Curtis L. Taylor was reappointed as'Recreation Director; Roger E..Stasek was reappointed'as Assistant Recreation'Director and Margaret Ball was reappointed as Secretary -Receptionist in the -Recreation Department for the ensuing official year; ` Lester J. Christopherson was appointed as Custodian of the Voting Machines for the ensuing official year; Ivan Boyd was reappointed as Assistant to the City Treasurer for the ensuing official year. President pro tem DeVries stated this as being the time and place set for receiving proposals for doing the official printing and advertising for the City of Rochester. A letter from the Rochester Post Bulletin submitting its propbsal to publish the official printing and advertising of the City of -Rochester for the official year commencing April 1, .1963 in the Rochester Post Bulletin a legal newspaper published�at Rochester, Minnesota at the rate established by the Statutes of -the State of Minnesota for legal publications, was read. Upon motion by Leonard, second by Thomas, and all voting in favor thereof, the -letter was accepted and the City Clerk was instructed to prepare"a resolution designating the Rochester Post Bulletin as the official newspaper for the City of Rochester. President pro tem DeVries stated this as being the time and place set for receiving proposals for being designated as City Depositories. Only two proposals of the four had been received at this time so the matter was tabled until the evening meeting. At the meeting of March 18, 1963 the bid of Clements Chevrolet Company in the amount of $5,876.00 for,furnishing five patrol cars was accepted; the contract was submitted to them but was not returned within the ten day -period; officials from Clements Chevrolet reported that they had made an error.of $2,000.00 in their bid•and therefore were not going to sign the contract. A motion was then made by Bergstedt, second by Thomas, that the bid of the next lowest bidder be accepted, the second low bidder was Universal Fors Sales, Inc. in the amount of $8,632.00, and all voting -in favor thereof, President pro tem DeVries declared the motion carried and the City Clerk was instructed to prepare a resolution accepting the bid of Universal Ford Sales, Inc. (the certified.check of Clements Chevrolet Company in the amount of $600.00 to be forfeited). The following letter from the State of Minnesota, Department of Highways, was read • 416 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., April 1. 1963 FT�02'S2 and upon motion by Bergstedt, second by Wilson,:and all voting:in favor:thereof, the same was referred to the Public Works Committee, the Finance Committee and the City Attorney: - "Mayor and Council .City of Rochester Rochester, Minnesota Re: Minnesota Department of Highways District Six Headquarters Rochester, Minnesota_ Dear Sirs: The State of Minnesota has acquired lands and has awarded a contract for the construction'of a new headquarters site about three -fourths mile north of the Thirty -Seventh Street Interchange with Trunk Highway 52., The scheduled completion of this facility is December, 1963. .We have.had informal visits with the Rochester City Coundil, the Pub lic- Works Committee of the City'Council and City Engineer,'C..A. Armstrong, regarding the sale of our present property to the City of Rochester and iegarding,the extension of city water..and sanitary.sewer services to this.new.property. The Department of Highways respectfully requests of the Common Council of the City of.Rochester, approval of our requests and a,resolution by them empowering the Mayor, City Clerk and such other officers,as,are necessary to enter into Agreement with officials of.the State of Minnesota. 1. Affect the transfer of our present property in $.E... Rochester to the City of Rochester.. 2. Accomplish the construction of city water and Sanitary sewer facilities to the newly acquired property. Your kind inclusion of our request, -in an agenda of the council of the City of Rochester will be sincerely appreciated. Sincerely,, DEPARTMENT OF HIGHWAYS /s'Charles E. Burrill District Engineer" A letter from the Board of Public Health & Welfare recommending that the Common Councilestablish a home nursing care visiting fee and stating the background developments.to this recommendation, was read and upon motion by Thomas, second by Wilson,, and all voting in favor thereof, the letter was referred to the Public Safety Committee. A letter from James J. Dalglish, Commissioner of Finance for the City of St. Paul, submitting a copy of a Bill for an Act Relating to Special State aid for Schools and the Computation Thereof; Amending Minnesota Statutes 1961, Section 124.219 Subdivision 29 was read. Upon motion by Leonard, second by Bergstedt, and all voting in favor thereof, the same was tabled until the evening meeting and the City Attorney was instructed to contact some member of the School Administration to see if they were interested in this Bill. A letter from the Rochester Dairy Cooperative requesting that a semaphore signal be installed just south of the South Broadway bridge on Highway 63 at the main roadway into the • Rochester Dairy Cooperative Plant was read and upon motion by Bergstedt, second by Wilson, and all voting in favor thereof, the letter was referred to the Public Safety Committee. A letter signed by Alfred Nelsen, City Aseessor, requesting an increase in salary for the six part time Deputies in his of 37. was read. Upon motion by. Bergstedt, second by Wilson, and all voting in favor thereof, the letter was referred to the Finance Committee. A letter from Alfred Nelsen, City Assessor, requesting two additional spaces be made available to the City Assessor's office to accomodate the full time deputies was read. Upon motion by Thomas, second by Wilson and all voting in favor thereof, the request was denied. A notice of the U. S. Army Engineer Division for Report for Flood Control on Zumbro River, Minnesota - Interim Report on Kellogg to Mouth was read and the same was ordered placed on file. U Record of Official Proceedings of the --,Common Council of the City of Rochester, Minn., AT, 1963 4.1 1 • 1 1 • n �J Four -letters from the,Minnesota Railroad &'Warehouse Commission relative to the discontin- uance of -the Chicago and North Western Railroad Company trains were read and the same were ordered placed on file. A request from Mrs. J. R. Eckman, President of the Public Library Board, that the balance in the Library fund for 1962 - 63 be reserved for use in completing the remodeling of the building, was read. Upon motion by Bergstedt, second by Leonard and all voting in,favor thereof the request was referred to the Finance Committee. A notice,of the reorganization of the Minnesota National Guard to be held at the Rochester National Guard Armory at 8:00 April 1st, 1963 was read. The same was ordered placed on. file. The following resolution passed and adopted by the Public Utility Board was read and upon motion by Wilson, second by Bergstedt and all voting in favor thereof, the same was approved: "Be it and it is hereby resolved by the Public Utility'Board of the City of Rochester, Minnesota that the Common Council of.the said City_. be and is hereby requested to authorize the said Board to sell to GENERAL METAL COMPANY approximately ten (10) tons of copper wire with the insualation burned off at a price of .2560 per pound, the total price to be $5,120.00, and the said General Metal Company being the highest:.responsible bidder.".: A letter from Gayle Johnson, addressed to Mr. Albert Tingley, President of the Council, protesting the high taxes in the City of Rochester was read and the same was ordered placed on 'file. Notice of claim of injury to Jean Pieper when she fell on the sidewalk on the south side of the City Hall on 3rd Street Southwest was read. Upon motion by Leonard, second by Bergstedt and all voting in favor thereof, the claim was referred to the City Attorney. Notice of Claim of injury of Anna Ferdman for injuries she sustained when she fell on the sidewalk located at 613 Second Street Southwest was read. Upon motion by Wilson, second by Leonard and all voting in favor thereof, the claim was referred to the City Attorney. Notice of claim of injury in the amount of $30,000.0.0 for injuries sustained when Mr. Melvin L. Jones, Route 1, Byron, Minnesota fell on the public sidewalk located at 601 North Broad- way was read. Upon motion by Wilson, second by Bergstedt and all voting in favor thereof, the claim was referred to the City Attorney. A summons and complaint of Charles & Cora Matthews in the amount of $5,687.62; of Jule Benke and Catherine M. Benke in the amount of $12,809.00; of Norman J. Kuyath and Marie E. Kuyath in the amount of $8,750.30 and of Bobby J. Waltman and Geraldine A. Waltman in the amount of $6,161.00 for flood damages on March 28 & 29, 1962 to their homes were each read and upon motion by Leonard, second by Bergstedt and all voting in favor thereof, the same were referred to the City Attorney. The following petitions were presented and upon motion by Leonard, second by Wilson and all voting in favor thereof the petitions were referred to the Planning & Zoning Commission: 1. Petition of Donald & Arlene Brandley to have the following land in Section 3-106-14 annexed to .the City of Rochester:. Comm. 199.5' S. & 2511W. of N.E. cor. NW'k, th. W. 103.461 th.,S. 180' th. E. 103.461 th. N. 180' to pl. of beginning. 41. C Record of Official Proceedings of the` Common. Council of. the City of Rochester, Minn., April 1, 1963 • _ry-610252 2. Petition of William J.'S&wanke & Janice A. Schwanke.for thefoilo;4ing* property in Cascade,Township: E. 99'. W. 891' S.4401 NWk Section 27!-107-14. 3. Application of Builders Land Company for plat approval of Elton Hills Eighth Subdivision. 4. Petition Of Paul A. Green and'Vera B. Green for the annexation of property located at 1800 Northwood Drive. Upon motion by Bergstedt, second by Thomas and all voting in favor thereof a recess was declared at 3:30 o'clock P.M. The meeting was called to order again at 4:10 o'clock P. M. with all members being present. President Tingley arrived at this time and took over the meeting. • The recommendation of the City Planning and Zoning Commission that they had reviewed the petition to vacate 10� Street Southeast and llth Street Southeast all in Park Home Subdivision and that these streets be vacted in order that the owner may assemble this entire tract of land for a housing project was read. Upon motion by Bergstedt, second by Wilson and all voting in favor thereof, except Alderman DeVries who voted "no", the City Attorney was instructed to prepare a resolution ordering,a hearing. The recommendation of the City Planning and Zonign Commission stating that they had reviewed the preliminary replat of Park Home Subdivision and,that this replat be granted prelimin- ary approval subject to including all of the Park Home Subdivision in the replat. was read. Upon motion by Wilson, second by Bergsted and all voting in favor thereof,, the recommendation was approved. The recommendation of the City Planning and Zoning Commission that they had reviewed the petition to change the zoning on Blocks 1 3, Park Home Subdivision and the street right-of- way of 10k Street S.E. & Ilth St. S.E. which are proposed to be abandoned in Park Home Subdivision from a residential district to a multiple dwelling district and recommending that when the street tights -of -way are vacated that this zone change be granted approval was read. Upon motion by Leonard, second by Wilson and all voting in favor thereof except Alderman DeVries who voted "no" the recommendation was tabled until the streets have been vacated. The recommendation of the City Planning and Zoning Commission that they had reviewed the owner's petition to abandon all utility easements in the plat of Park Home Subdivision; that • inasmuch as the owners are proposing to replat this Subdivision that the existing easements be abandoned subject.to including all necessary new easements on a recent subdivision of this area to be known as 'Rep lat of Park Home Subdivision was read. Upon motion by Leonard, second by Bergsted and all voting in favor thereof, except Alderman DeVries who voted no" the recommendation was approved. The recommendation of the City Planning and Zoning Commission that they had reviewed the final plat of Elton Hills East First Subdivision and that this plat be granted final approval was read. Upon motion by Wilson, second by DeVries and all voting in favor thereof the recommend- ation was tabled. The recommendation of the City Planning and Zoning Commission that they had reviewed the petition to change the zoning on,Lot 3, Block 22, Golden Hill Addition from a residential to Record of Official Proceedings of the Common Council of the City of Rochester, Minn., April 1, 1963 41 a commercial district, they find that this requested zone change is not in accordance with the City's adopted general land use plan and therefore recommend that the petition for a zone change be denied was read. The recommendation further stated that in order to allow the present owners of this property to construct a 24' x 48' addition to the existing building on the north side, �-+ they recommend that the Council initiate a variance to the zoning ordinance In order to permit this construction. Upon motion by Bergstedt, second by Wilson and all voting in favor thereof the recommendation was approved and a.hearing for the variance was set for April 15th, 1963 at 7:30 o'clock. The recommendation of the City Planning Zoning Commission that -they had reviewed the final plat of Sehl's 2nd Subdivision arid'that this plat be granted final approval subject to the follow- ing conditions: 1. Outlot "B" should be eliminated and combined as a portion of the drainageway. 2. The owner needs to submit a Title Opinion to the City of Rochester as required by ordinance No. 1010. 3. We would recommend revising the street naming as shown on the plat as follows: Change 2nd Avenue N.E. to 4th Avenue N.E. Change 1st Avenue N.E. to 5th Ave. N.E. 4. The owner should designate the "no access" provisions along the west highway rightOf-way of U. S. 63 as was agreed upon in the preliminary approval of this plat. was read. Mr. Sehl was present and stated that all thestipulations had been taken care of except the obtaining of a title opinion and this would be done by April 15th. Upon motion by Leonard, second by DeVries and all voting in favor thereof, the recommendation was approved and a hearing waf set for April 15th. The recommendation of the City Planning and Zoning Commission that they had reviewed the owner's petition to vacate a portion of CSAH #1 which lies south of 12th Street S.E. and recommend- ing that at such time as llth Avenue S.E. is constructed on its new alignment and opened to vehi- cular traffic that the existing right-of-way of the CSAH could then be abandoned was read; and further recommending that inasmuch as we will have Outlot on the High School site without street frontage that all of this area be designated as school property so that we are not burdened with • the problem of allowing lots to be de3telopedti.without having frontage on a designated city street. R. V. Ehrick, City Attorney, stated he could see no reason for not holding a hearing on this within not a reasonable time but he would/suggestthat any action be taken vacating until the substitution is. established and designated as the new County State Aid road. Upon motion by Leonard, second by McCaleb and all voting in favor thereof, the recommendation was approved and the'City Attorney was instructed to prepare a resolution ordering a hearing. The recommendation of the City Planning and Zoning Commission that the application of Mr. Tom 0. Moore for reappointment to the position of City Planning Director for,1963-1964 be approved was read. Upon motion made and seconded the recommendation was ordered placed on file. The recommendation of the City Planning and Zoning Commission that they.had reviewed the proposed policy establishing charges for topographic maps and that this policy be granted approval was read. Upon motion by•Bergstedt, second by Leonard and all voting in favor thereof, the 44 Record of Official Proceedings of the' Common Council of the City of Rochester, Minn., April 1, 1963 FY=60252 recommendation was approved. The recommendation of the Public Safety Committee that they had considered the offer of Gold Cross Ambulance Service, Inc. to escort funeral processions as an independent and private enterprise and that the City continue to provide escort service for funeral processions as a function of the Police Department was read. Upon motion by Bergstect, second by Wilson and all voting in favor thereof, the recommendation was approved. The recommendation of the Public Safety Committee that they had considered the recomm- endation of the Mayor's Parking and Traffic Committee that a rush hour parking bann be established on the south side of Fourth Street S.W. between Fourth Avenue on the west and the alley one-half block east of Third Avenue on the east between the hours of 4 P.M. and 6 P.M. on Monday through Friday and that the committee recommends that their recommendation be approved and that the City Attorney be instructed to draw the necessary resolution to make this change effective was read. Upon motion by Wilson, second by Bergsted and all voting in favor thereof, the recommendation was approved. The recommendation of the Public Safety Committee that they had considered the recommendation of the Mayor's Parking and Traffic Committee thdt'a right turn lane be established on Fourth Street S.E. at Third Avenue by extending the existing no parking zone at this'location an additional one hundred fifty feet, more or less, east of the present no parking zone; that the Committee concurs with the recommendation and recommends that parking be prohibitied at the location stated for a right turn lane -and that the City Attorney be instructed to draw the necessary resolu- tion to make.this change effective and that the Minnesota State Highway Department be contacted to secure necessary authorization for pavement markings and signs was read. Upon motion by Bergstedt, second by Wileon and all voting in favor thereof, the recommendation was approved. The following appointments to the various committees were submitted by President Tingley: Committee Members A. Finance Committee V 1. Finance William Bergstedt, Chairman 2. Budgeting David Leonard 3. Personnel Wallace Thomas 4. Investments S. City Hall Ex. Officio: Smekta, Tingley, Reiter, 6. Insurance Baker, Bakke and Ehrick 7. Taxes 8. Purchasing 9. Miscellaneous B. Public Works Committee 1. Streets and Alleys 2. Sewers - sanitary and storm 3. Water Mains and Towers 4. Building Codes and Inspection 5. Special Assessments 6. Planning and Zoning 7. Annexations 8. Lighting 9. Public Utilities 10. Public Grounds Harold DeVries, Chairman Larry McCaleb Wallace Thomas Ex. Officio: Smekta, Tingley, Armstrong, Marek and Ehrick C. Public Safety Committee 1. Police Department & Protection 2. Fire Department & Protection 3. Traffic Control & Parking 4. Licenses James Wilson, Chairman David Leonard Larry McCaleb F� • 1 F� r- 0 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., April 1, 1963 42 1' 1 [1 E 1 1 • J 5. Public Safety 6. Playgrounds and Parks 7. Health Department 8. Recreation 9. Music Department 10. Civil Defense Ex.Officio: Tingley, Smekta, Macken, Everett and Ehrick Upon motion by Wilson, second by Bergstedt and all voting in favor thereof the meeting recessed at 5:05 P. M. Alderman Tingley then made the following remarks: "Even though this is April 1st and known as April Fool's Day, I don't mean it that way in any respect, but would like to compliment the existing members of the Council of last year. I have not agreed with you on all occasions, that is true, but I do believe you have been one of the hardest working Councils since I have been on the Council for nine years. And to prove that I feel that way, in the Committee'appointmeds for the coming year, I have reappointed two of the Chairman again as Chairman for the coming year, the other chairman - the fortunes of election took care of that. I do feel -that there has been very good cooperation and harmony in this group, I am very•happy that we have been able to have such good relations with the Executive Branch. I would like to welcome Mr. McCaleb,'you are in big'league now and I hype you can take care of this. I would like to say one thing in the interest of the citizens of Rochester,-becuase during the last few days many have received their tax receipts from the County and some have been very un- happy according to the telephone calls. Just how well those telephone calls were received -you - can imagine but I hope that this Council during the next year in spending of City money will be consistent with good sound progressive government. If you spend the City's money the same as you spend your own you won't be too far wrong and if you consider the outlay on the_same bats that you would your own you can not help but do a good job for the City of Rochester. You would not spend your own money foolishly and I don't think you would the City's. I hope'thai this Council will continue to go along on the basis on which we have enjoyed the relationship we had last year." The recommendation of the Public Safety Committee that they concur with the recommendat of the Public Safety Committee that stop signs regulating the east -west traffic on 14th Street N.E.I and 3rd Avenue be removed was read. Upon motion'by Bergstedt, second by Wilson and all voting in favor thereof except McCaleb who voted "no" the recommendation was approved. The recommendation of the Public Safety Committee that they had considered the letter from Mrs. Raymond V. Randall addressed to Mayor Smetka requesting special consideration for volunteer hospital workers at the Methodist Hospital and suggesting that this letter be returned to MaycrSmetka for review and consultation with the Municipal Court and Judge relative to policy relating to this type of problem was read. Upon motion by Bergstedt, second.by Wilson and all voting in favor thereof the recommendation was approved. The following recommendation was read: "To the Honorable Mayor and ' _Members of the Common Council City of Rochester, Minnesota 0 422 2 Record of Official Proceedings of the --.Common Council of the City of Rochester, Minn., April 1, 1963 17 The.Public Safety Committee has considered the request of Phillips Petroleum Company for an approach off of 5th Street Northwest into its service station . on the Southwest corner of the intersection of 5th Street and llth Avenue Northwest. After due consideration the Public Safety Committee finds that a driveway entrance from 5th Street Northwest on to the.service station premises will not constitute a traffic hazard or unreasonably impair or interfere with vehicular pedestrian traffic nor impair the public health, welfare and safety, provided such driveway is used for the purpose of ingress to the service station premises only and not for the purpose of egress from the.service station premises to.5th Street North- west. The Public Safety Committee further recommends that the City Engineer be author- ized to issue a driveway permit.in conformance with this recommendation at such time as suitable plans and specifications have been approved by him and appro- priate safeguards agreed upon to prevent the use of this driveway by vehicles as an exit from the service station premises. Respectfully submitted, PUBLIC SAFETY COMMITTEE s/James R. Wilson s/ W. C. Bergstedt s/ Larry McCaleb"- Alderman DeVries stated this subject had been discussed many times in November of 1960 when this land had been rezoned to commercial the recommendation of the Planning Commission included that no access be provided to 5th Street Northwest from this property. In September, 1961 access for a driveway was again denied. In May, 1962 a second request for a driveway entrance was denied. He said the right-of-way for 5th Street Northwest was purchased in 1959. There was no street adjacent to the North side of Lot 12, Block 5, Cascade Manor prior to that time. When the right-of-way was acquired, it was acquired as a controlled access right-of-way. He stated that' in view of all these facts he felt the request should be denied. A motion was made by Bergstedt, second by Wilson that the recommendation be approved as read. Upon roll call Bergstedt, McCaleb and Wilson voting "aye" and DeVries, Leonard, Thomas and Tingley voting "no" President Tingely declared the motion lost and the request denied. The recommendation of the Public Safety Committee that pursuant to the report of the Minnesota Railroad and Warehouse Commission on the railroad crossing signals at llth Avenue N.E. and 9th Avenue N.E. at their intersection with the Chicago and Northwestern Railroad tracks, the Public Safety Committee recommends that parking be prohibited on both sides of the street for a distance of seventy-five feet, more or less, north and south of the locations as stated and recommending that the City Attorney be instructed to draw the'necessary resolution to make these changes effective was read. Upon motion by Bergstedt, second by DeVries and all voting in favor thereof, the recommendation was approved. The recommendation of the Public Safety Committee that parking be prohibited on Sunday only on the east side of 13th Avenue Southeast between 4th and 5th Street Southeast between the hours of 8:00 A.M. and 12100 noon to relieve congestion and improve safety was read. Upon motion by Wileon, second by Bergstedt and all voting in favor thereof, the recommendation was approved. The recommendation of -the Public Works Committee and the City Engineer -that the bid of Phillippi Equipment Company for One 4 cu. yd. street sweeper for the Street & Alley Department be accepted at the lump sum bid of $8,813.00 and checks be returned to the unsuccessful bidders was read/ Upon motion by Thomas, second by DeVries and all voting to favor thereof, the recommendation • 1 • 1 u Record of Official Proceedings of the ' Common Council of the City of Rochester, Minn., April 1. 1963 • 0 I- 0 1 was approved. A letter from Mr. L. M. McCaleb requesting that the engineering work for Peck's Hills First Subdivision be authorized; .such work to include grading, street surfacing, water and sanitary sewer services and storm sewer and that the firm of'Agneberg-Sankstone & Associates be retained to perform the said engineering services was read. Upon motion by DeVries, second by Leonard and all voting in favor thereof, the letter was referred to'the Public Works Committee. The following applications for "On Sale" 3.2 beer licenses were each read and upon motion by Wilson, second by Thomas and all voting in favor thereof, the licenses were granted: Fraternal Order of Eagles, Jack Rubenstein, G. E. Rucker, W. B.'Sullivan, Danny Juenger, George Margellos, Florence Pervin, Ambrose P. Barry, Ray Jack, John Kazos, Lester J. Decker, Donald Cunningham, Norvin K. Olson, Robert L. Travers, William Shea, Robert H. Bahr & James S. Gray, Adeline Grothe, Viola Guttormson and'Clayton D. Lyke. The following applications for "Off Sale" 3.2 beer licenses were each read and upon by Wilson, second by Thomas and all voting in favor thereof, the licenses were granted: G. E. Rucker, W. B. Sullivan, Danny Juenger, George Margellos, Florence Pervin, Ambrose P. Barry, Ray Jack, John'H. Kazos, Lester J. Decker, Donald Cunningham, Norvin K. Olson, Robert L. Travers, William Shea, Robert H. Bahr & James S. Gray, Adeline Grothe, Viola Guttormson, Clayton D. Lyke, K. E. Christopherson, 0. L. Gaines, W W. Erbes, Harold Hibbing, Edwin F. Hughes, Loren A. Marquardt, Joe Angelici, John Kothenbeutel, Henry Scott, Joseph Gile, Alvin W. Hein, Southside Super Valu, Wally Wahl, Harold Sheppard, Roy V. Hocking, John Princiotta, Lucille E. Christenson, Albert Angelici, National Food Store, Snyder Drug Store #11, Snyder Drug Store #23 (2), Lloyd Joa- chim and Northside Super Valu. The following applications for a license to sell cigarettes were each read and upon motion by Wilson, second by Thomas and all voting in favor thereof, the licenses were granted: Maid Rite Cafe, Hotel Brown, First Avenue Cafe, West Side Texaco, Sheppard"s Grocery; East Side In, St. Mary's Hospital, Hotel Campbell, Colonial Lanes, Whitlock -Sonnenberg Post #1215, Crenlo, Inc., Dee's 66 Service, Tropic Bowl, The Tropic Lounge, Roy Hockin, Syl'ss Texaco Service, DeFosse Skelly Service, Louis' Bar, Inc.,"Anton's Grill, Vi's Cafe,JohA s Grocery, Michael's Supper Club, Alibi Inn; AFL-CIO Union Club, BPOE Lodge No. 1091; Fraternal Order of Eagles #2228; Sunny Market Grocery, Hollwood Lounge, St. Mary's Hospital Auxiliary, Normandy Bar, Parkside Hotel, Drake's Trailer Lunch, National Food Store, North Broadway Cafe, Snyder's Drug Store (3), Northgate Liquor Sore, Huey is Drive -In Liquor, Bob's Liquor Store, Vogue Eat shop, Rochester Liquor Supply, Daly Liquor, Arthur Hotel Company, Hotel Carlton, Cascade Gm cery,•The Town House of Rochester, Joachim Grocery, McKenny's Service Station, Roxy, Inc., Empress Billiard s, Harry's-Bar, Inc., Mac's Grill, Americal LegionClub, Kubat's Dinette, Parker Hotel, Cue & Cubhions, Wade"s Broiler, Andy's Liquor, Inc., Carroll's Cafe, Gopher Liquor Store, DeLuxe Liquor Store, Don's Drive In Liquor Store, Norvin K. Olson, Mac's Grocery, Queen City Beer & Grocery, Clarence Steinhaga; Soldier's Field Club House, Capital Eat Shop, Larson's Standard Service, Ray Jack, Broadway Cafe, Oliie's Food Center, Snack Shop, K. E. Christopherson, Fieldhouse Cafe, Henry Scott, Penquin Motel, Truck Service Company, 424 Record of Official Proceedings of the .Common Council of the City of Rochester, Minn.,. - April 1,_ 1963 FY=60252 Gile Grocery,B.M. Dresbach, Stop-N-Shop, Kruger's Cafe, Barry's Cafe & Drive In, Third* Avenue Grocery, Jim & Joe's Hiway Cafe, William Shea, Jerry's Bar, North Star Bar, Heidelberg, The Pub,'Southside Supervalu, Schwen's Emporium, Inc. Chris & Ray's Service, Alvin W. Hein, Harry's Cafe, Ernest Predmore, Banick's Cafe, Sportsman's Bar, Ben's Diner, G.E. Rucker, Lynn's Drivette, White House Cafe, Princess Cafe, Wally's Market, Miracle Restaurant, Emil's Food Center, Robbie's Hide Away, W.W. Erbes, Scotty's Shell Service, Colonial Soda Cafe, H.H. Hibbing, Fry's Tastee Freez, Black's Billiards.& Cafe, Tingley Dairy Queen, Northside Super Valu, Medical Science Building, Methodist Hospital, Country Kitchen Drive In, Rochester Nursing Home, St. Mary's Hospital, Andy's Liquor Store, Hackman's Skelly Service, Sears Roebuck & Co., Minit Car Wash, S.S. Kresge Co., Golden Hill Standard, Henry's Drive In, • Rochester Bread Bakery, R.E.A., Waters Corporation, F.W. Woolworth Co., Neisner Bros., Rochester Turkey Hatchery, Pink Lady Gift Shop, Union Bus Depot, Mac's Standard Service, Downtown Liquor, Zumbro Hotel, Kahler Hotel, Inn -Towne Motel, Weber & Judd Company, Elco Concessions - M.C.A., Weber & Judd Company, Subway Newsstand, S & S Cafe, Dayton's, Holland's of Rochester, Donaldson's, the Martin Hotel, Olmsted County Courthouse,, Marty's Standard Service, UniveTS11 Ford Sales, Nelson Tire & Appliance, Thompson's Drug Service, Coop Service Station. The following applications for a license to sell soft drinks were each read and upon motion by Wilson, second by Thomas and all voting in favor thereof, the licenses were granted: Maid Rite Cafe, Hotel Brown, First Avenue Cafe, West Side Texaco, Harold Sheppard, East Side Inn, St. Marys Hospital,,Hotel Campbell, Colonial Lanes, Whitlock Sonnenberg Post #1215, Crenlo, Inc. Dee's 66 Service, Tropic Bowl, Tropic Lounge, Roy V. Hocking Grocery, Syl's Texaco, DeFosse Skelly Service, Louie's Bar, Anton's Grill, Vi's Cafe, John's Grocery, Michael's Supper Club, Alibi Inn, AF1-CIO Union Club, BPO Elks Lodge #1091, Inc., Fraternal Order of Eagles, Sunny Market Grocery, Hollywood Bar, St. Mary's Hospital Aux., Normandy Bar, Parkside Hotel, Drake's Trailer Lunch, National Food Store, North Broadway Cafe, Retail Drug Store (3), Northgate Liquor Store, Huey's Drive In Liquor, Bob's Liquor Store, Vogue Eat Shop, Rochetter Liquor, Daly Liquor, Arthur Hotel, Hotel Carlton, Cascade Grocery, Town House of Rochester, Moachim Food Market, McKenny Service Station, Roxy, Inc., Empress Billiards., Harry's Bar, Inc., Mac's Grill, American Legion, Kubat's Dinette, Parker Hotel, Cue & Cushions, Wade's Broiler, Andy's Liquor, Inc, Carroll's Cafe, Gopher Liquor Store, DeLuxe Liquor Store, Don's Drive • In Liquor, Norvin K. Olson, Mac's Grocery, Queen City Beer & Grocery, Clarence Steinhagen, Soldier's. Field Clubhouse, Capitol Eat Shop, Standard Service Station, Ray Jack, Broadway Cafe, 011ie's Food Center, Snack Shop, K.E..Christopherson, Fieldhouse Cafe, Henry Scott, Penguin Motel, Truc4 Service Co., Rochester Chamber of Commerce, Gile Grocery, B.M. Dresbach, Stop-N-Shop, Kruger's Cafe, Barry's. Cafe & Drive -In, Third Avenue Grocery, Jim & Joe's Hi -Way Cafe, William Shea, Jerry's Bar, North Star Bar, Heidelberg Bar, The Pub, Southside Super Valu, Schwen's Emporium, Inc.,,Chris & Ray's Service, Alvin W. Hein, Harry's Cafe, Ernest Predmore, Banick's Cafe, Sportsman's Bar & Cafe, Ben's Diner, G.E. Rucker, Lynn's Drivette, White House Cafe, Princess Cafe, Wally's Market, Miracle Restaurant, Emil's Food Center, Robbie's Hide Away, W.W. Erbes, William Ranfranz,Colonial Soda Cafe, H.H. Hibbing, Fryer's Tastee Freez, Black's Billiards & Cafe, Tingley Dairy Queen, Henry's Drive In, Inn Towne Motel, Zumbro Hotel, Kahler Hotel, Hotel Martin, Model Laundry, The Model Speed Wash, Lawler's Cleaners, S & S Cafe, Lawler's Theatre, Chateau Theatres Elco Concessions (6), F.W. Woolworth Co., Hollands of Rochester, • Record of Official Proceedings of the Common Council of the City of Rochester, Minn., April 1, 1963 r42.D [1 • 1 Service Station (David Gray), King Leo's Drive In, Thompson's Drug Store, Coop Service Station, Northside Super Valu. The following applications for electrical contractor's license were each read and upon motion by Wilson, second by Thomas and all voting in favor thereof the licenses were granted: Carl A. Jenke, Foster Electric Company, Emil J. Nietz, Everett Hicks, Kuntz-Tiegen Electric Co., Frank M. Adair, Kepp Electric Co., Edwin H. Brown, Everett A. Engel, Jaque D. Ryan, H & H Electric Company, Hoffman Electric Co., Arthur A. Brown, Earl J. Squires and Winkels Electric. The following applications for Master Electrician's license were each read and upon motion by Wilson, second by Thomas and all voting in favor thereof the licenses were granted: Emil J. Nietz, Everett Hicks, A.D. Mills, Frank M. Adair, Edwin H.'Brown, Carl A. Jenke, Earl J. Squires, L.A. Kepp, John Miller, Everett A. Engel, John J. Winkels, Arttjur A. Brown, Edward Hoffman, Vincent Huyber, Jaque Ryan and John H. Engel. The following applications for Journeyman Electrician's license were each read and upon motion by Wilson, second by Thomas and all voting in favor thereof the licenses were granted: Charles R. Briese, Clifford Boutelle, Gerald B. Koenig, Orville Olson, John C. Boler, Richard.. Stoos, Donald A. Brown, Walter B. Gordon, George M. Lawler, Gerald Cain, Everett Siple, Herbert Cain, Robert G. Squires, Alfred Carlson, Ralph Christensen, Gene L. Finer, Alphonse Havlik, Alan Scott, Fred Stafford, Richard E. Maxon, Roger D. Harwick, Floyd Karau, Edgar Rysted, Wesley'Kepp,,. Donald Kepp, Kenneth C. Brown, Henry Ganz, Donald Meyers, Harry Keckhafer, Minar L. Bussell, Jr., Kenneth Whitaker, Daniel Stamschror, Everett Knuth, Albert Keckhafer, Wesley Johnson, Emil Herman,- C., Ackerman, Charles Fischer, John R. Kiefer, Floyd Rasmussen, Bernard Teigen, Harold --Richards, Edward D. Holst,.David Lawler, Robert Thom, Eugene E. O'Neill, W.D. Klee, John R. Morrison, Thomas Hesby, Alvin F. Tupper, Clarence J. O'Neil, William Meschke, Chebter R. Vale, Talmer Gillerud, Patrick Guckin, Leon J. Hicks, Arthur Bonnicksen, Jerome M. Ewen, Richard Vale, A1den"Fuerstneau, Everett Hicks, Robert Nietz and Donald H. Nietz. The following applications for Master Plumber's License were reach read and upon motion by Wilson, second by Thomas and all voting in favor thereof, the licenses were granted: Leslie R. Lance, Bernard Kirkhof, John Scheid, Richard Tointon, James Pfeffer, Herman Dornack, George Milostan, George Krudwig, Rochester Plumbing & Heating, Julian B. Renaux, Maass Plumbing and Heating Co., Sanitary Company, Inc., William L. Gander, Fred Schnell, Harris Plumbing and Heating and James Barry. The following applications for Journeyman Plumber's License were each read and upon motion by Wilson, second by Thomas and all voting in favor thereof, the licenses were granted: William Loftus, Leo M. Dornack, William Tointon, Lowell E. Macken, Ray E. Purves, C.E. Burbank, Floyd F. Flicker, John R. Swenson, Charles Tarpenning, Elmer C. Johnson, Charles M. Serene, Jr.,. t Burton.R. Tracy, Reidar Pederson,-Darrald W. Misgen, John E. Colgan, John B. Gretz, Harry Nelsen, Richard D. Anderson, Robert W. Holmes, Harold R. Rahbain, Sam Russell, Alvin Dornack, Donald D. Reuter, Robert M. Roessler, Anthony Roetzler, Gerald E. Nichols, Albanie Jeffrey, Charles M. 0 Galloway, Herman Gerth, Elmer F. Becker, Herbert L. Winter, Michael D. Campion, Sidney Ellstrom, 26 Record of Official Proceedings of the Common Council of the City of- Rochester, Minn., _. April 1,- 1963 E F1'=80252 Louis Wegner, Richard C. Schwarz, William C. Kearns, Jerome Flicker,, Ernest Schoenfelder, Charles Nelsen, Gerald H. Brenner, Arlyn D. Jacobson, Ardell Flicker, Orville A. Lubahn, Allen Jacobson, Sr., John L. Bantley, Robert L. Blanck, Trygve Helgestad, Robert B. Matheson, Leland W. Nelsen,,Milford V. Ready, Robert W. Lanton, Lynn M. Cameron, Charles F. Hiley; George E. Black,' and Norbert D. Ryan. The following applications for Hot Air Heating, Air Conditioning and Ventilating Contractors License were each read and upon motion by Wilson, second by Bergstedt, and all voting',,.. in favor thereof, the licenses were granted: Peoples Natural Gas, Garfield Roadway, Mengedoth Sheet Metal, Edwards Sheet Metal, Alpek Sheet Metal, • E.C. Johnson, Utility Sales & Engineering, H.W. ThomPs.ona Barry Plumbing & Heating and Woodhouse Bros. The following applications for Journeyman Warm Air Heating, Ventilating and Air Cond-• itioning Workers License were -each read and upon motion by Wilson, second by Bergstedt, and all voting in favor thereof, the licenses were granted: - Richard Remold, William Borden, Thomas Kinsella, Virgil Whipple, Joseph Guzinski, Lawrence Potter,-= Lloyd E. Erickson, Leon Kaump, George McIntosh, Lawrence Arnold, John Kromer, Bruce Nichols, Clarenee King, Earl Williams, David Fellows, E. Rolla Carson, Gerald Miller, Herbert Holets, Lloyd 0. Fredin, Glenn Petersen, and Edwin Wodrich. The following applications for Hot Water and Steam Heating Contractor's License were each read and upon motion by Devries, second by Bergstedt, and all voting in favor thereof, the licenses were granted: Leslie R. Lance, Sheid Plumbing & Heating, Fred Schnell, Kirckof Plumbing & Heating, Krudwig Plumbing and Heating, H. Dornack & Sons, Janes W. Pfeffer, William L. Gander, Maass Plumbing & Heating, Darrell Renaux, Rochester Plumbing & Heating Co., Barry Plumbing & Heating Company, Harris Plumbing and Heating and Sanitary Company, Inc. The following applications for Journeyman Hot Water and Steam Fitter's License were each read and upon motion by DeVries, second by Bergstedt, and all voting in favor thereof, the licenses were granted: Earl P. Speltz, E.E. Mooney, Wm. R. Moon, Charles F. Hiley, Clair J. Dickman, LeRoy Gare, B.D. Pitt- man, Edwin J. Hayertz, Donald Schones, Harold Swarts, Ralph R. Williams, Ernest Zobel, Gibson Baker, • Philip J. Maass, Curtis Horton, Joseph W. McCoy, Reuben Baker, Lawler J. Skelly, Robert W. Beckel, George H. Svendsen, Charles E. Phelps, Janes A. Mitchell, John R. Swenson, Harold Dornack, Reuben Enderson, Richard Gerths and Clifford G. Gullickson. The following applications for license to construct Sidewalk, curb & gutter were read and upon motion by Wilson, second by Bergstedt, and all voting in favor thereof, the licenses were granted: The Kruse Company, O.A. Stocke Co., Doyle Conner Company, Weis Builders, Inc., Stephen B. Woodward, C.M. Boutelle & Sons, Inc., Edward Mahoney, E.J. Vonch, B. DeWitz and Phil M. Ryan. The following applications for Junk Buyer's license were each .read and upon motion by DeVries, second by Leonard, and all voting in favor thereof, the licenses were granted: Art's Auto Parts, Wilbur Jennings and Earl C. Berg. Record of Official Proceedings of the .Common Council of the City of Rochester, Minn., April 1, 1963 1 • 1 . 1 CJ 1 0 The following applications for Sign Erection Licenses were read and upon motion by Thomas, Second by Bergstedt, and all voting in favor thereof, the licenses were granted: Ace Sign Company, James D. Abel and Naegele Sign Company. The following applications for Bowling Alley Licenses were each read and upon motion by Wilson, second by Leonard, and all voting in favor thereof, the licenses were granted: Colonial.Lanes, Inc., and Tropic Bowl. The following applications for Pool Hall'Licenses were each read and upon motion by Wilson, -second by Thomas, and all voting in favor thereof, the licenses were granted: W.B. Sullivan, Nick Theros and Eldon L. Johnson. The following applications for Motor Car Licenses were each read and upon motion by.Wilson, second by Leonard, and all voting in favor thereof, the licenses were granted: Rochester Bus.Lines, Inc., (19).. The following applications for Sewer & Drain Licenses were each read and upon motion by Wilson, second by McCaleb, and all voting in favor thereof, the licenses were granted: Kepp Company,.Inc., Kirckof Plumbing & Heating Co., and Viker & Sorenson, Inc'. The following application for'House Movers License was read and upon motion by Wilson, second by DeVries, and all voting in favor thereof, the license was granted: Lynse Construction Company. The official bonds of L. G. Schroeder in,the amount of $500.00 with the Western Surety Company as surety; Ladene Engebreteon, Doris Nickerson, Wilma Polk, Ralph Ellingwood, Shirrel I. Highet and Norma S. Wilcpx each in the amount of $2,500.00 with the Maryland Casualty Company as surety were each read and upon motion by Leonard, second by DeVries and upon roll call and all voting in favor thereof, the bonds were approved, the surety thereon was accepted, and the same were ordered placed on file. The contract bonds of Post Bulletin Company in the amount of $1,000.00 with the Fidelity & Casualty Company as surety, Rcoehester Sand & Gravel Company,in the amount of $4,950.00 and $43,620.00 with the Pacific National Insurance Company as surety; Northwestern Refining Company in ghe, amount of $18,147.00 with the Agricultural Insurance Company and Quarve & Anderson Company (2) each in the amount of $6,200.00 and $585.00 with the Seaboard Surety.Co. as surety were each read and upon motion by Wilson, second.by Bergstedt, and all voting in favor thereof, the bonds were referred to the Mayor for his approval. The license bonds of James.W. Pfeffer, (2) each in the amount of $1,000.00 with the Reliance Insurance Company as surety; Edwin H. Brown, Rochester Plumbing & Heating Co., Inc.(2),, Ronald L. Harris (2) and W. J. Hankee,Company each in the amount of $1,000,.00 with the St. Paul Fire,& Marine Insurance Company;, John S. Winkels, Utility Sales & Engineering Company.and; Leonard Edwards each in the. amount of $1,000.00 with the Lumbermen's Mutual Casualty Company as surety; Arthur A.. Brown, Frank M. Adair, Richard Tointon, George Krudwig (2), Maass Plumbing & Heating Company (2), Fred,Schnell (2), Wilbur Jennings,.Earl C.,Berg, L. R. Lance (2)-each in th amount,of $1,000.00; Lysne Construction Company in the amount of $7,500.00 with the Western Record of Official Proceedings of the Common Council of the City of Rochester, Minn., _April April 1, 1963 L� Surety Company as surety; Edward M. Hoffman, William Gander (2) and Riverside Sand & Gravel Comp- any each in the amount of $1,000.00 with The Fidelity &¢ Casualty Company of New York as surety; George Milostan, Frank Mengedoth & Arthur Mengedoth each in the amount of $1,000.00 with the National Surety Corporation as Surety; Earl J. Squires & Eloise G. Squires with the American Surety Company of New York in the amount of $1,000.00; Alpek Sheet Metal & Roofing Company, L. A. Kepp each in the amount of $1,000.00 with the Ohio Farmers Insurance Company; Barry,Plumbing & Heating Company (3), Thompson -Yaeger, Inc., Naegele Sign Company, Inc. each in the amount of $1,000.00 with the Hartford Accident & Indemnity Company; John H. Engel, H: Dornack & Son, Inc. (2) each in the amount of $1,000.00 with The Employer's Liability Assurance,Corporation,-Ltd.,and Viker & Sorenson, Inc. in the amount of $1,000.00 with The Traveleers Indemnity Company as surety. were each read and upon motion by DeVries, second by Wilson and all voting in favor thereof the bonds were'approved, the surety thereon accepted and the same were ordered placed on file. The report of the City Weighmaster for the month of March,.1963 showing $127.95 collected for loads weighed was read and the same was ordered placed on file. The report of the Clerk of Municipal Court for the week ending March 22, 1963 showing $3,475.00 total criminal fines and costs collected and civil fees received and $2,741.00 remitted to the City Treasurer; for the week ending March 29th, 1963 $3,000.00 total criminal fines and costs collected and civil fees received and $2;015.00 remitted to the City Treasurer,were each read and having been approved by the City Attorney, the same were ordered placed on file. The four following proposals were received for being designated as a City Depository: The First National Bank of Rochester, Minnesota in the amount of $1,877,000.00; The Northwestern National Bank of Rochester, Minnesota in the amount of $926,000.00; Rochester State Bank=Company in the amount of-$350,000.00 and Olmsted County -Bank & Trust Company in the amount of $850,000.00. President Tingley ordered the same placed on file and the City Clerk was instructed to prepare a resolution accepting the same. • The following claims were each read and upon motion by Wilson, second by Thomas, 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: 1. - From the General Fund: R. C. Drips, $36.25; Cooper Radio & T.V.-$8.00; Arnold's Supply Company, $43.75; Olmsted Medical Group, $30.00;,C. A. Armstrong, $30.71; Warren Eustis, $150.00; William Burrows, $48.00; Charles Dornack, $49.65; Walter -Gordon, $48:15; Garnet Spring, $45.90; Rogers, $63.63; Whiting Printer, $34•.60; Quality Printers, $24.90;• Beckley Business Equipment, $3.50; The Johnson Company, $65.70; Monte's, $27.4; George L. Joyce, $7.00; Rochester Airport Co., $38.83;•The Gland-O-Lac Company, $24.00; Harry Evans,-$18.00; Chester Cottingham, $31.00; Witte Transportation, $4.40; R. J. Klampe, $15.00; Mayo Clinic, $41.00;.Pitney Bowes, $12.96; Dusne Rasmussen, $9.83;• Olmsted Medical Group, $10.00; Cranston Typewriters, $1.50; Tom Moore, $13.50; State of Minnesota, Department of Highways, $7.00; Elfreda Reiter, $182.86; Ace Hardware, $15.43. From the Street & Alley Fund: Ace Hardware, $20.01; Standard -oil Company,-$67.86; William Ziegler Company,-$17.86;•Carlisle G.-Fraser, $156.00; Kenneth Keefe,•$150.48; Stockinger Cartage 1 E F LEI 0 C Company, $3.25; S. M. Supply Company, $6.47. 0 Record of Official Proceedings of the- Common Council of the City of Rochester, Minn., April 1, 1963 429 ' 1 • 1 1 • 1 0 From the Fire Protection Fund: Ace Hardware, $4.84; S. M. Supply Company, $40.95; General Trading Company, $12.40; Kenneth Stoltenberg, $96.50; Rochester Iron Works, $4.00; E. J.'Klampe, $3.50; China Hall, $25.96; B & B Auto Body, $25.00; Dison Cleaner's, $36.16; Gopher Welding Supply, $ 3.50. - From the Police Protection Fund: Elfreda Reiter; $4.56; Ace Hardware, $1.70;'Donald Crowe, $2.00; Lew Bonn Company, $6.83; Carl Entermann Company,.$103.25; Axel Moberg, $62.75; Larry Koster, $26.00; C.-Russell Smith, Jr:, $20.00; Roland Cohen, Jr., M.D., $30.00; Charles Pollack, Jr. $30.00; Rochester Cycle Shop, $21.95; Madsn'"s Standard Service, $3.00; Capital.Eat Shop,'$4.20; Reuben A.. Rieck, $83.00; Pulver Motor Service, $14.45; James J. Macken, Jr., $13.40; Universal Ford Sales, $39.33. From the Sewer Fund: Ace Hardware, $29.92; Stockinger Cartage Company, $3.00; Toltz, Kind, Duval, Anderson, $123.35; Fairbanks, Morse & Company, $25.52; Rex Chain Belt Company, $24.50; Gordon. Brumm, $24.00; Alvin Koch, $38.25; LeRoy Johnson, $24.00; Roger Bennett, $24.00; 0 & B Shoe Store, $59.85; The Woodruff Company, $3.92; Arrowhead Bearing, Inc., $82.50; S. M. Supply Company, $13.76; Gopher Welding, $1.00. From the -Auditorium Fund: Ben Stenberg,'$10.00; First National Bank"'$99.78. From the'Music Fund: Mayo Clinic Warehouse, $3.00; C. F. Peters Corporation, $25.90; Western Union, $16.59. From the Parking Meter Fund: Ace Hardware, $1.80; Gopher Stamp & Die Company, $74.80; Universal Ford Sales, $3.87. The following re'solutions'were each introduced and read and upon motion made and seconded and all'voting ih favor thereof, President Tingley declared the said resolutions duly passed and Adopted: Resolution delaying cost to be assessed and ordering preparation of proposed assessment for the following local improvement: Construction of a sidewalk on the west side of 36th Avenue from 2nd Street Northwest to the South line, Lot 8, Block 22 and also Lot 13, Block 22 in Country Club Manor 5th Addition. Upon motion by Leonard, second by Thomas, resolution adopted. Resolution ordering a hearing on'the proposed assessment for the following local improve- ment: Construction of a sidewalk on the west side of 36th Avenue from 2nd Street Nortiveist'to the South line, Lot 8, Block 22 and also Lot 13, Block 22 in Country'Club Manor 5th Addition. Upon motion by Thomas, second by Wilson, resolution adopted. Resolution declareing cost to be assessed and ordering preparation of proposed assessment for the following local improvement: Construction of a cuib and gutter on 36th Avenue N.W. from 1st Street Northwest to 3rd Street Northwest; West -side of 36th Avenue Northwest from 5th to 6th-Street Northwest; both sides 36th Avenue Northwest from 3rd Place to 4tti Place Northwest and'7th Place North west from 6th Street Northwest to 36th Avenue Northwest all in Country Club Manor. Upon motion by Wilson, second by Bergstedt, resolution adopted. Resolution ordering a hearing on the proposed assessment for the following local improvement Construction of a curb and gutter 6n 36th Avenue Northwest from`lst Street Northwest to 3rd Street Northwest; West side of 36th Avenue Northwest from 5th to 6th Street Northwest; both sides 36th 6: 1 17 430 Record of Official Proceedings of -the Common Council of the City of Rochester, Minn., Ap a 1963 M-60252 Avenue Northwest from 3rd Place to 4th Place Northwest and 7th Place Northwest from 6th-Street Northwest to 36th Avenue Northwest all in Country Club Manor. Upon motion by Bergstedt, second by DeVries, resolution adopted. Resolution accepting the bid of Phillippi Equipment Company for the furnishing of One 4-Cubic Yard Street Sweeper for the Street & Alley Department. Upon motion by DeVries, second by Leonard; resolution adopted. Resolution authorizing Public Utility Board to enter into contract with GENERAL METAL COMPANY. Upon motion by Leonard, second by McCaleb, resolution adopted. Resolution accepting the collateral of the First National Bank of Rochester. Upon motion by • McCaleb, second by Thomas, resolution adopted. Resolution accepting the collateral of the Olmsted County Bank & Trust Company. Upon motion by Thomas, second by Wilson, resolution adopted. Resolution accepting the collateral of the Northwestern National Bank of Rochester. Upon motion by Wilson, second by Bergstedt, resolution adopted. Resolution accepting the collateral of the Rochester State Bank. Upon motion by Bergstedt, second by DeVries, resolution adopted. Resolution designating City Depositories for the fiscal year 1963 - 1964. Upon motion by DeVries, second by Leonard, resolution adopted. ; Resolution designating the official newspaper for the year 1963 - 1964. Upon motion by Leonard, second by McCaleb, resolution adopted. Resolution appropriating $53,881.65 from the Sewer Fund, $25,156.14 from the Lighting Fund and $200.00 from the Bridge Fund and ordering payment made to General Fund $200.00; P. I. R. Fund, $25,156.14 and Sinking Fund $53,881.65. Upon motion by McCaleb, second by Thomas, resolu- tion adopted. J Resolution appropriating $313.01 from the General Fund, $799.47 from the S & A Fund, $606.88 from the Fire Protection Fund, $85.93 from the Sewer Fund, $371.41 from the Lighting Fund and $291.38 from the Police Protection Fund and ordering payment made to Peoples Natural Gas Company, $1,274.51; City of Rochester, P. U., $464.24 and N. W. Bell Telephone Company, • $729.33. Upon motion by Thomas, second by Wilson, resolution adopted. Resolution appropriating $2,504.35 from the General Fund and ordering payment made to Schmidt Printing Company, $344.35; R. V. Ehrick, $660.00 and A. M. Ackerman, Treasurer, $1,500.00. Upon motion by Wilson, second by Bergstedt, resolution adopted. Resolution appropriating $1,708.29 from the Street & Alley Fund and ordering payment made to Walburch Garage, $487.05; Phillippi Equipment Company, $229.27; International Salt Company, $354.97 and Lyon Chemicals, Inc:., $637.00. Upon motion by Bergstedt, second by DeVries, resolu- tion adopted. Resolution appropriating $2,842.75 from the General Fund and ordering.payment made to The Poodle Parlor, $279.21; Automatic Voting Machine Company, $251.92; Francis V. McGovern Agency, $318.50 and Peoples Cooperative Power Association, $1,993.02. Upon motion by DeVries, second by Leonard, resolution adopted. • L Record of Official Proceedings of the Common Council of the City of Rochester, Minn., April 1, 1963 4C cn • 1 1 • fl 0 Resolution approving plans and specifications and ordering work done by day labor for the following local improvement: Construction of a curb and gutter on the south side of 13th Street Northeast abutting Lot 4, Block 37, Northern Addition. Upon motion by -Leonard, second by McCaleb, resolution adopted. Resolution appropriating $1,000.00 from the General Fund and -ordering payment made to Mayor Alex P. Smekta. Upon motion by DeVries, second by Thomas, resolution adopted. Resolution accepting the bid of Universal Ford Sales, Inc. -for the furnishing of five patrol cars for the Rochester Police Department. Upon motion by Leonard, second by Thomas -and all voting in favor"thereof except Wilson who voted "no" resolution adopted. The following resolution was then read and upon motion by Leonard, second by DeVries and all voting in favor thereof, the resolution was approved: "Be it resolved by the Common Council of the City'of Rochester that the Honorable - .Harold Krieger, State Senator for the district which includes the City of Rochester and the Honorable Donald Fisher, State Representative for the district which includes.the City of Rochester are hereby requested and urged to introduce and vigorously support legislation in the current session of'the Minnesota Legislature to amend Section 375.02 of the Minnesota Statutes to eliminate therefrom the pro- vision which• prohibits any county from redistricting so that a city of the second class shall be in more than two commissioner districts. As applied to Olmsted County, Minnesota this law results in arbitrary and invidious discrimination against the citizens, taxpayers and voters of the City of Rochester and constitutes a violation of the guarantee of equal protection of the -laws within the meaning of the United States Superme Court decision in Baker & Carr (1962). At the present time the 'two commissioner districts which are composed of.the City of Rochester contain a total population of approximately 44,400 while the three commissioner districts which are composed of the rest of the county contain a population of approximately 25,800. In other words, under the present -commissioner district law, -each commissioner from a district in the City of Rochester represents on the average 31k7. of the population -of Olmsted County and each Commissioner from a district outside the City of Rochester represents on the average of 12 1/37. of the population of Olmsted County, and therefore the vote of each voter in_ commissioner districts outside the City of Rochester.is equivalent to the vote of approximately 2k voters within the city. The restriction in Section 375.02 of the Minnesota Statute against including cities of the second, third or fourth class in more than two county commissioner districts has no discernible, let alone rational basis and in keeping with the spirit of Baker & Carr and the Fourteenth Amendment to the Constitution of the United States, and also in keeping with the basic provisions of Section 375.02 to the effect that, "In all counties such districts shall x x x x contain as nearly as practicable an equal popuy lation." the Common Council of the City of Rochester urges the amendment of this law -as set forth above." 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, All in accordance with a comprehensive plan" (changing a portion of the alley in Block 2 Conley's Addition to an Industrial District) was given its first reading. Alderman McCaleb introduced an Ordinance annexing to the City of Rochester, Minnesota certain unplatted land not exceeding two hundred acres in area, being in the Northwest One Quarter of Section Twenty-six and the Southwest One Quarter of Section Twenty-three all in Town- ship One Hundred Seven North, Range Fourteen West, Olmsted County, Minnesota (Lutheran School)whi was given its first reading. Upon motion by Leonard, second by Wilson, and upon roll call and all voting in favor thereof, the rules'were suspended and the ordinance was given its second reading. Upon motion by Leonard, second by Wilson, and upon roll call and all voting in favor L 432 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., April 1, 1963 • FY.0029z thereof, the rules were suspended and the ordinance was given its third and final reading. A motion was then made by Thomas, second by McCaleb, that the said ordinance be adopted as read and all voting in favor thereof, President Tingley declared the ordinance duly passed and adopted. An Ordinance amending the zoning ordinance to amend subsection (d) of Section 3 as follows was given its first reading: "Section 3 RESIDENTIAL.DISTRICT "(d) The term "accessory use" shall not include a business or shall it include any building or use not located on the same lot with a building or use to which it is an accessory. A private garage for more than three motor vehicles in which more than one vehicle is stored for other than occupants of the premises or more than one of which is a commercial vehicle or where any commercial work is done, shall not be deemed an accessory use.:" A motion was made by Leonard, second by DeVries, that the rules be suspended and the ordinance be given its second reading. Upon roll call Bergstedt voted "no". A motion was then made by Leonard, second by DeVries, that this ordinance be referred to the Planning and Zoning Commission for their study. All voted in favor thereof. An Ordinance amending an ordinance entitled, "An°Ordinance regulating the parking of Vehicles on the public streets and alleys, providing for the installation,imintenance and use of parking meters, creating a parking meter fund and providing penalties for the folation thereof" to amend subsection (i) of Section,16 as follows was given its first reading: "Section 16, PARKING METERS -8fs**.* (i),INSTALLATION AND MAINTENANCE OF METER HEADS. COLLECTION OF COINS. Installation maintenance and repair of parking meter heads, together with collection of coins deposited th therein, shall be done by designated City employees under the control and supervision of the Chief of Police. All coins collected from parking -meters shall be delivered forth- with by such designated employees to the City Treasurer." Upon motion by DeVries, second by Wilson, and upon roll call and all voting in favor thereof, the rules were suspended and the ordinance was given Tits second reading. Upon motion by Wilson, second by Bergstedt, and upon roll call and all voting in favor thereof, the rules were suspended and the ordinance was given its third and final reading. A motion was then made by Wileon, second by Bergstedt, that the ordinance be adopted as read and all voting in favor thereof, President Tingley declared the said ordinance duly passed and -adopted. An Ordinance repealing an Ordinance Entitled, "An ordinance requiring persons convicted of crimes, other than misdemeanors, who shall come into or be within the City of Rochester,, Minnesota, to register in the office of the Chief of Police of said City, and providing a penalty for the violation of this ordinance" was given its second reading. An ordinance amending the Electrical Ordinance (same being 1113) (subsections (a).(3) and (c) (3) of Section 4, subsection (a) (1) of Section 5 and Section 6) was given its second reading. An ordinance annexing to the City of Rochester, Minnesota, Certain unplatted lands not exceeding 200 acres in area, all being a part of the Northwest One -Quarter, Section'26* and a part of the Southwest One -quarter of Section 23, all in Township 107 North, Range 14 West, Olmsted, County, Minnesota (Elton Hills East Sub -division) was given its third and final reading.' An ordinance amending the zoning ordinance chai#T g the following described property • • 1 0 Record of Official Proceedings of the -Comrrion Council of the City of Rochester, Minn., April 1, 1963 43 8-) ' 1 Lf� • 1 1 1 to a commercial district was given its third and final reading: "COMMERCIAL DISTRICT LANDS IN THE CITY The South 137' of North 170' of.the following described tract of land: Commencing at the intersection of the centerline of Trunk* -Highway 63, and the South line of Section 24, Township 107 North of Range 14 West, Olmsted County, Minnesota, running thence east along the South line of said section 529.65 feet thence north along the east line of said West 1/2 1961.65 'feet, thence west parallel with the South line of said Section 24.204.35 feet to the centerline of Trunk Highway 63 thence southerly along the center- line of said Trunk Highway 1992 feet to the place of -beginning, less Trunk Highway 63 right-of-way." A motion was then made by Leonard, second by Bergstedt „ that the ordinance be adopted as read and all voting in favor thereof, President Tingley declared the said ordinance duly passed and adopted. R. V. Ehrick, City Attorney, reported that he had not been able to contact any member of the School Board regarding the Bill for an Act Relating to Special State Aid for Schools and the Computation thereof. .A motion was made by Leonard, second by DeVries, that the bill and the papers attached thereto be referred to the School Board for their consideration. All voted in favor thereof. Alderman Leonard requested that the Housing Redevelopment issue be placed on the agenda for April 8th. Mayor Alex P. Smekta requested permission to attend the 30th Annual U. S. Conference of Mayors to be held in Honolulu, Hawaii. Upon motion by Bergtedt, second by Wilson and all voting in favor thereof, his request was approved and he was authorized to attend at city expense. A motion was made by Wilson, second by Leonard, instructing the City Attorney to prepare a resolution commending Alderman Morris for his many years of service given to the City of Rochester. All voted in favor thereof. Upon motion by Wilson, second by Bergstedt and all voting in favor thereof, the meeting was adjourned until 7:30 o'clock P..M. April 8, 1963. 11 4_J E(, l9G3 CitJJ Clerk u