HomeMy WebLinkAbout03-24-1954Record of Official Proceedings of the . Common Council
of the City .of Rochester, Minn., March 24,, 19 54
a
J' Minutes of an adjourned regular meeting of the Common Council of the
II it
; City of Rochester, Minnesota, held in the Council Chambers in the City Hall, in II
said City, on March 24, 1954.
IIPresident Bach called the meeting to order at 7:30 o'clock P. M., the
y following members being present: President Bach, Aldermen Ackerman, Anderson, 1
'I �1
Morris, Schroeder, Thiem and Whiting. Absent: None. !;
�I The following veto message by the Mayor wa-s:-read and ordered placed on
j
i
file:
;I "Honorable Members Common Council II
• i� City of Rochester
p Gentlemen:
I am returning herewith, with my veto inscribed upon it, the +(I
resolution amending the resolution passed by the Common Council
on March 10, 1954, vetoed by me.on March 11, 1954 and which was jJ
passed over my veto by the Common Council on Marchi15, 1954 and {
which resolution was purported to be a determination of fact that a certain portion of Soldier's Field was no longer needed II
--» for park,or other municipal purposes.
�I
Since the amended resolution admits error in finding parts of
park streets and drives were no longer needed, would it not be
advisable to reexamine the so called "Dete.rmination of Fact" and iJ
j list those reasons, if any, why we no longer need that portion
of Soldiers Field described in the resolution?
Since there has not been one single bit of evidence to support
your claim of "Determination by Fact" --and since I cannot j
accept an un-substantiated resolution declaring we no longer II
have any park or municipal use for the portion of Soldiers
Field described and --since all the evidence as presented by II
I I'
the Park Board and organizations and individuals has shown us
that the truth of the matter is contrary to your findings.
Now, therefore, I shall use every means at my command to
preserve Soldiers Field for the purpose for which it was i
.developed.
Respectfully,
it t
Claude H. McQuillan
i Mayor of Rochester'" i
i�
A resolution amending a resolution determining that there was no more
I'
use for tha.t,,part'-of.'.So.ldierls Field proposed to be purchased for a school site,!
li which was adopted by the Common Council on March 15, 1954 and vetoed by the
Mayor on March 23, 1954 was again read together with the Mayor's veto dated
` • 'Il
March 23, 1954. A motion was made'by Ackerman, second by Morris, that t/heme�' J
resolution be adopted over the 'Mayor's veto and upon roll call and all voFt'in
in favor of the adoption, except Alderman Whiting and President Bach wh pie&°ey;
!I Repe�e�
"no", the said resolution was declared duly passed and adopted.` '
The following copy of a resolution passed by the Board of Education of1_i
;i
School District No. 8, Olmsted County, Minnesota, on March 23, 1954 was read
and ordered placed on file: L
"It was moved by Dr. Brown, seconded by Mr. Hagaman°, and passed
unanimously that the following resolution be adopted: I'
BE IT RESOLVED by the Board of Education -of School District,
No. 8, Olmsted County, Minnesota, that the Common Council of the I'
I
City of Rochester, Minnesota, be and it hereby is respectfully
requested to sell to t7ge Board of Education, a portion of Soldiers
Field as per description attached. The Board of Education submits
an offer of one hundred 'twenty five thousand (12.5,000.00) dollars,
which, they feel, is the maximum offer which they can afford to make
F'666
Record of Official Proceedings of. the Common. Council
of the City of Rochester, Minn., March 24, 1954
for this land which they would plan to use for the construction of
a new high school building. This figure is in excess of what has
been, or is being paid per acre for other future school sites.
The Board of Education begs the Council to act as soon as possible
on this request so the Board may proceed to make further plans for
the high school.
IT IS FURTHER RESOLVED that if the City Council acts favorably
on this request, and if the Board of Education does not commence
to build a high school on this land within a five year period,
(beginning on date such deed may be tendered to the Board of
Education), the land may be repurchased by said City of Rochester,
for the same price, during the next year after said five year
period has expired.
BE IT FURTHER RESOLVED that a check for one hundred twenty five
thousand (125,000.00) dollars be included with the request sent to
the City Council."
•
A check payable to the City of Rochester from the Board of Education, School
District No. S,, in the sum of $125,000.00 was attached to the copy of the
school resolution.
The following resolution introduced by Alderman Schroeder as presented
to the Common Council at the meeting of March 22, 1954 was again read:
WHEREAS, the Common Council of the City of Rochester, by
written resolution passed on March 10, 1954, vetoed by the
Mayor on March 11, 1954, passed over the Mayor's veto on
March 15, 1954 and amended to exclude exi,sting park drives and
streets by resolution passed on March 15, 1954, has determined
as a matter of fact that the portion of Soldier's Field
hereinafter described is no longer needed for park or other
municipal purposes, and
WHEREAS, School District No. 9 of Olmsted County, Minnesota,
has requested the Common Council to make said land available to
it as and for the site f-or the construction of a new public
school and accompanying facilities.
• NOW 'THEREFORE, Be it resolved by the Common Council of the
City of Rochester that the following de.scribe.d land in the City
of Rochester, the same being a portion of Soldier's Field, is
hereby ordered to be sold and conveyed to School District No. g
of Olmsted County, Minnesota, to -wit:
A part of Section Two (2) Township One Hundred Six(106)
North of Range Fourteen (14) West in Rochester, Minnesota
described by metes and bounds as follows: Beginning at
the interesedtion of the South line of Sixth Street South-
west with the East line of Second Avenue Southwest in
the City of Rochester, Minnesota, thence due South along
the East line of Second Avenue Southwest a distance of
199.4 feet, thence westerly parallel to the South line
of Sixth Street Southwest a distance of 37.5 feet to
the centerline of Second Avenue Southwest, thence South
260 171 West a distance of 393.4 feet, thence South 10 O1 l
East a distance of 127.2 feet, thence South 990 59'
•
West a distance of 465.5 feet, thence South 440 162'
West a distance of 164.6' to a point on the West line of
the Northeast quarter of Section 2 which is 163.1 feet
North of the Center of said Section 2, thence South ,
440 162 1 West a distance of 227.6 feet to a point on
the North line of the Southwest quarter of Section 2
which is 159.9 feet west of the Center of said Section 2,
thence South 440 1621 West a distance of 53.1 feet, thence
South 180 51 -1 West a distance of 127.3 feet, thence
South 40 3321 East a distance of 100.0 feet, thence South
270 021 East a distance of 100.0 feet, thence'North 990 452�
East a distance of 197.0 feet to a point on the West line
of the Southeast quarter of Section 2' which is 346.5 feet
South of the Center of said Section 2 thence North 890 4521
East a• distance of 174.9 feet, thence North 60 03'-West a
distance of 17.3 feet, thence North 890 5021 East a
distance of 647.0 feet; thence South 620 291 East a distance
of 416 feet more or less to the Westerly bank of the
Zumbro River as it now exists, thence Northerly along
said River bank'to the North line of the Southeast
quarter of Section 2, thence Westerly to the West line of
667
Record of Official Proceedings of the Common Council
of .the City. of Rochester, Minn., March 24, 1954
1
1
•
1
C�
1
u
the Trunk Highway Channel change easement, thence Northerly Ij
along said easement line to the North line of Block #105 i
Willsons.Addition, thence West along said North line ,of i
Block #105 and said line extended to its intersection with
the West line of Perrin Street as extended South from
Block #106, thence North along the West line of Perrin
Street and Perrin Street extended to the North line of I�
Seventh Street Southwest, thence North on a line parallel I;
to and 129 feet East of the East line of Second Avenue !
Southwest to the South line of Sixth Street Southwest,
thence West -,along the said South line of Sixth Street
a distance of 129 feet to the place of beginning; but !j
excluding therefrom the Park Drive which is a. continuation
of Second Avenue Southwest and the Park Drive which is a
continuation of Fourth Avenue Southwest and any other
Park Drives as they now exist within the above described
lands, to a width of forty (40) feet on each side of the
center lines of said drives as they now exist'. �I
The sale price for the above described land is hereby declared
to be $125,000.00, payable in cash to the Treasurer of the City of
Rochester upon the delivery of a propery executed °deed of
conveyance to School District No. S of Olmsted County, Minnesota.
Be it further resolved that the sale and conveyance of the
above described land is made on the condition that the same be used
as and for the site for the construction of a new public school and
accompanying facilities. In the event actual construction of a new
public school is not commenced within five (5) years from the date of i!
the delivery of the aforesaid deed, the City of Rochester shall have II
the right to re -purchase the said land upon repayment to School-Distriat
No. 9 of Olmsted County, Minnesota, of the sum of '$125,000.00. This ji '
right of re -purchase shall commence five years from the date of the
delivery of the aforesaid deed and shall continue for a period of one
year thereafter, and upon the expiration of said one year shall cease '!
and terminate. tl
Be it further resolved that the Mayor and City Clerk of the City ;!
of Rochester are hereby instructed and ordered to execute a proper I
deed of conveyance upon the terms and conditions sat forth above, and I,
are instructed and ordered to deliver the said deed of conveyance to
School District No. 9 of Olmsted County, Minnesota upon payment by the
said School District of the sum set forth above.
I
Alderman Whiting recommended that the land as described in the
resolution be -sold to the Board of Education for the amount of $1.00 and that j
tre Board of Education of School District. No. S, Olmsted County, Minnesota
• I
assume the responsibility of replacing all park facilities now located on the
. u
land proposed to be purchased for a school site.
The City Attorney then .recommended that the first paragraph of the said)
resolution be amended to read as follows, and upon motion by Ackerman, second by
Anderson, and upon roll call and all voting in favor thereof, the amendment to
the resolution was approved: li
"WHEREAS, The Common Council of the City of Rochester, !;
by written resolution passed on March 10, 1954i vetoed by the j
Mayor on March 11, 1954, passed over the Mayor s veto on
March 15, 1954 and amended to exclude exisiting park drives
and streets by resolution passed on March 15, 1954, vetoed
by the Mayor on March 23, 1954 and passed over the Mayor's
veto on March 24, 1954, has determined as a matter of fact
that the portion of Soldier's Field hereinafter described !i
is no longer needed for park or other 'municipal purposes." li
�j
The City Attorney further recommended that the 4th paragraph of the
resolution be amended striking out the words "theTof'� and upon motion
- Treasurer
by Ackerman, second by Thiem, .and upon roll call and all voting in favor thereof,'
the said amendment to the resolution was approved.
Alderman Ackerman moved teat the resolution be adopted as amended.
•
66
Record of Official Proceedings of the Common. Council
of the City of Rochester, Minn., March 24, 1954
Alderman Schroeder seconded the motion and upon roll call, all voted in favor of
the adoption, except Alderman Whiting'a.nd. President Bach, who voted °noel.
A motion was made by Alderman whiting that the remarks of the City
Attorney be inserted into the minutes, which remarks were in response to an
inquiry from the Common Council concerning the cost of improving existing
streets and park drives in Soldier's Field and the cost of constructing new
means of ingress and egress to the school site in Soldier's Field. The said
e motion was seconded by Alderman Schroeder and all voted in favor thereof. The
following remarks of the City Attorney are therefore included in the minutes: •
In the opinion of the.City Attorney the major cost of such improving of
existing streets and drives in Soldier's Field and the cost of construction
of new means of ingress and egress to the school site necessitated by the
construction of a new public school on that site may be defrayed by special
assessment against the property ordered sold to School District No. S of Olmsted
County.
A motion was made by Schroeder, second by Ackerman, instructing the
City Clerk to file a certified copy of the resolution ordering the sale and
conveyance of a portion of Soldier's Field to School District No. 8 of Olmsted
County, Minnesota and prescribing the terms and conditions thereof in the office
of the Register of Deeds of Olmsted County. All voted in favor of the motion.
The recommendation of the Chief of the Fire Department for fire
fighting equipment to be placed in the City Hall building was read and upon
motion by Schroeder, second by Ackerman, the recommendation was approved and
referred to the Public Grounds Committee to.purchase the recommended equipment.
Notice of personal injury claimed by Constantin M. Mueller was read
.and upon motion by Morris, second by Anderson, the same was referred to the
City Attorney. The City Attorney then stated that the notice of claim was not
in proper form
and upon
motion by
Schroeder, second
by Thiem,
action on the.
•
said claim was
delayed
until the
claim was presented
properly
drawn.
A letter from the State of Minnesota, Department of Highways,
.designating the route of detour to be used during the reconstruction of 4th
Street Southeast from 6th Avenue Southeast to the State Hospital,a.nd requesting
that the said route be approved by resolution adopted by the Common Council was
read. The route of detour is as follows:
"Beginning at the intersection of Fourth St. S.E. and
Sixth Ave. S.E. proceed thence north along Sixth Ave.
S.E. to Third St. S.E.; thence east along Third St.
S.E. to Eleventh Ave. S.E.; thence north along Eleventh
Ave. S.E. to Second St. S.E.; thence east along Second
Street S.E. to its intersection with Fourth St. S. E. at
the entrance to the State Hospital, -a total distance of.
0.95 miles. "
Upon motion by Schroeder, second by Ackerman, the recommended route of detour
was approved and the City Clerk was instructed to bring in a resolution for the •
669
Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., March 24, 1954
1
<T
1
•
1
1
next Council meeting.
The following recommendation was read and ordered placed on file:
"Mr. Archie Armstrong
C ity..Engineer I
Rochester, Minnesota
Dear Sir:
I have examined the proposed plat of Miner's Heights �I
Third Addition, an4 from your layout of the streets and the
easements as they are defined, I can see no reason why each
lot cannot be adequately served with electricity and water.
Yours very truly,-
G. E. Marek i
General Manager of Utilities" I�
The contract bonds of L. N. Sickels Co. in the amount of $2,304.00 with
the United Pacific Insurance Company as surety and Patterson Rock Products in the 11
�i
amount of $3,420.00 with the American Casualty Company of Reading, Pennsylvania j
as surety, were each read and the same were referred to the Mayor for his
approval. II
I
Alderman Thiem stated that the Charter Commission wished to use the
i�
Council Chambers on Monday evening, March 29; 1954 and upon motion by Schroeder, (I
second by Morris, the request was approved.
Upon motion by Thiem, second by Anderson, the meeting was adjourned until
7:30 o'clock P. M. on April 1, 1954.
City Clerk
0