HomeMy WebLinkAbout04-01-1954Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., April 1, 1954
Minutes of an adjourned regular meeting of the Common Council of the
City ofRochester, Minnesota, held in the Council Chambers, in the City Hall in
said City, 'on April 1, 1954.
President Bach called the meeting to order at 7:30 o'clock P. M., the
.following members being present: President Bach, Aldermen Ackerman, Anderson,
.Morris, Schroeder, Thi,em and Whiting. Absent: None.
Upon motion by Schroeder, second by Ackerman, the minutes of the meetings
of March 22 and March 24, 1954 were approved with the following correction:
Alderman Whiting's comment which read as follows in the minutes of March 24, i954, •
"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 the Board of Education of School District No. S,
Olmsted County, Minnesota assume the responsibility of replacing
all park facilities now located on the land proposed to be
purchased for a school site."
be corrected to read as'follows:
"Alderman Writing commented that it might be better to sell the
land to School District No. S, Olmsted County, Minnesota and
the said school district assume all the costs of necessary
roads and bridge construction."
The following veto message by.the Mayor was read and ordered placed on
file:
"Honorable Members Common Council
City of Rochester, Minnesota
Gentlemen:
I am returning the resolution ordering a certain section of
Soldiers Field to be sold to School District ¢fig, which your
honorable body passed on the 22nd day of March, 1954 and which
I have vetoed an this 31st day of March 1954.
I want to particularly call your attention to the wording of the
Attorney General's opinion issued July 30, 1953. It reads, "It
does not necessarily follow, however, that the Council of the City
of Rochester has legal authority at this time to sell the tract
here involved for the purposes stated. Where the Municipal Corp-
oration acquires the fee title to real estate for a particular
public purpose or use and the property is devoted to that use, the
right of the Municipality to sell and convey that property or any
part thereof is recognized by the cases only where the property or .
portion thereof proposed to be sold is no longer needed for the
purpose for which it was acquired. "
Specifically, it is a question of fact and not of opinion. The
mere passage of a resolution does not alter or create a fact.
There seems .to be two sections of the Charter; which have not been
cited to the Attorney General and which I feel should be cg.11ed to
your attention at this time.
Under Section 132, the City may from time to time acquire lands for
Parks and Parkways and upon obtaining title thereto, the Park Board
may assume POSSESSION thereof.
Section 131 gives the Park Board management and control, but Sec-
tion 132 gives POSSESSION to the Park Board. Nowhere in the City
Charter is there any provision for the City Council to take that
POSSESSION away from the Park Board.
Your resolution ordering the sale of a portion of Soldiers Field
is an Ultra Vires Act, or an act which is not within the powers
conferred upon you by the Charter of the City of Rochester.
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., April 1,_ 1954
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Finally, I submit that Section 133 establishes the exclusive power I�
of the Park Board to determine whether the City needs land for park +�
purposes and only the Park Board can give the City, Council authority
to condemn lands for Park purposes.
May I conclude with my personal opinion -that you. alre unintentionally
doing the, City of Rochester and the -School Board a grave injustice
in persisting on despoiling our only recreational park. Don't for- �!
get that we can have a satisfactory new High School and retain our
park system as well. �I
Insistance on the ark site may well ! p y jeopardize necessary School
Bond issues in the future. j
Respectfully yours,
Claude. H. McQuillan
Mayor of Rochester"
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IA resolution ordering the sale and conveyance of a portion of Sold %rA$raTl;F's
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Field to School District No. S of Olmsted County,�Minnesota and prescribing theXH18iT
John B. Carney
terms and. conditions thereof which was adopted by the Common Council on March a2.pvrter"I
1954 and vetoed by the Mayor on March 31, 1954 was again read together with the �
Mayor's veto dated March 31, 1954. A motion was made by Thiem, second by Ackerman,;;
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and upon roll call, all voted in favor of adoption of the resolution over the I; i
Mayor's veto, except Alderman Whiting and President Bach, who ,voted "noel
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Mayor McQuillan stated that he would not sign the deed to transfer the
land from the City to School District No. 9 of Olmsted County and recommended that II
future action on the matter should be taken at once.
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The request of David E. Espenson, Chairman for the Boy Scout Civic Day,
to use the Council Chambers at.10;00 o'clock A. M. on April 22, 1954 was read and
upon motion .by Thiem, second by Morris, authorization for use of the Council if
Chambers was granted to the Boy Scouts Civic Day. i!
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A copy of a memo issued by the State of Minnesota, Department of Highways!'
to Mr. 0. A. Swenson, District Engineer; Rochester, transmitting two sets of plans j
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for the proposed construction of a project on Trunk Highway No. 296 (5513-02) and
requesting approval of said plans by Council resolution was read and President
Bach ordered that the same be placed on file.
A notice issued by G. Howard Spaeth, Commissioner of Taxation, of the
annual meeting for the instruction of Assessors to be held at the Court House on
April 7, 1954 was read and upon motion by Whiting, second by Thiem, President Bach
was authorized to appoint a member of the Council to attend the said meeting.
The request of Gene Overkamp for permission to extend the grading and
surfacing of loth Avenue Northeast north to serve Lot 6, Block 4, Riess' Second
Addition was read and upon motion by. Thiem, second by Ackerman, the request was
referred to the Street & Alley Committee and the City Engineer.
Notices from the Minnesota Department of Health that, Mr. Wm. S. Haugen
and Mr. Floyd E. Wussow have fulfilled the requirement of the exa.ming Committee
for Sewage Works Operator, Grace 0, were each read and President Bach ordered the
same placed on file.
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-Record of Official Proceedings of the Common Council
of . the City of Rochester, Minn:, April 1, 1954
The three following resolutions adopted by the Public Utility Board were
each read and President Bach ordered the same placed on file:
"Be it and it is hereby resolved -by the Public Utility Board
of the City of Rochester, Minnesota that the Common Council of
the seid City be and is hereby requested to authorize the said
Board to enter into a contract with the Danewick Paint Company
for the furnishing of all the labor and equipment necessary for
the painting of street light standards and brackets in accordance
with specifications on file, the total amount of the said contract
to be EIGHT HUNDRED TWENTY EIGHT DOLLARS AND TWENTY FIVE CENTS
( $92S.25) and the said Danewick Paint Company beint the lowest
responsible bidder."
"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 enter into a contract with the ADDRESSOGRAPH MULTIGRAPH
CORPORATION for the furnishing of ONE (1) Model 1900 Electric
Addressograph in accordance with specifications; the total amount
of the said contract to be THIRTEEN HUNDRED ELEVEN DOLLARS AND
SIXTY FIVE CENTS ($1,311.65)."
"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 enter into a contract with ALVIiv E. BENIKE for the furnishing,
in accordance with specifications, of all the labor, tools and
materials necessary for the construction of Pump House No. 13; the
total amount of the said contract -to be SEVENTY FIVE HUNDRED
THIRTY EIGHT DOLLARS ($7,538.00) and the said Alvin E. Benike
being the lowest responsible bidder."
A petition for the construction of a sanitary sewer and water main
in 19th and 20th Avenue Southwest from 3rd to 5th Street Southwest and in 3rd
,Street and 5th Street Southwest from the East side of Block S, Highland Addition
to 20th Avenue Southwest was read and upon motion by Schroeder, second by Morris,
the same was referred to the Sewer and Slater Committees and the City Engineer.
A petition for the construction of a curb and gutter on both sides of
9th,Street Northwest from North Broadway to 2nd Avenue Northwest was read and
upon motion by Schroeder, second by Ackerman, the same was referred to the
Street & Alley Committee and the City Engineer.
A petition for the construction of a storm sewer in Parkside Subdivision
was read. Mr. Norman Kuyath appeared before the Council and explained that thre
was an immediate need for drainage of the area. Also Mr. L. M. Sather, Mr. Hugo
Schroeder and Mr. Bernard Schroeder spoke in favor of the construction of the
requested storm -sewer. Mr. C. A.'Armstrong, City Engineer, stated that no plans
had been prepared for the project but estimated that a mimimum cost for a storm
sewer which would not be complete for Parkside Addition would be at least
$24,000.00. After hearing those present and Mr. C. A. Armstrong, a motion was
made by Alderman Schroeder, second by Aclerman Ackerman, that the matter be
referred to the Sewer Committee and the City Engineer to determine the cost of the
project and also the cost per front foot of a storm sewer. All voted in favor of
the motion.
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Record of. Official Proceedings of the Common Council
of the (-'it of Rochester Minn Ap r i 1 1 19 5 l+
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The application of I,ysne Construction Company for a. permit to move a
garage over the following route was read and upon motion by Schroeder, second by
Morris, the same was granted, the building to be moved under the supervision of
the Building Inspector and the Chief of Police:
"From 1533 - 7th Street N. E., west on 7th Street N. E..
to 14th Avenue N.. E., thence north on loth. Avenue N. E.
to 14th Street N. E., thence East on 14th. Street N. E.
to outside the City limits."
The application of Howard Unger for a permit to move one quonset but
from the Fairgrounds to the old Sewage Disposal Plant- site was read and upon
motion by Ackerman, second by Schroeder, the permit was granted, the building to
be moved under the supervision of the Building Inspector, the Chief of- Police and
the City Engineer.
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The contracts bonds of Rochester Sand & Gravel Company in the amount of ii
$lo,495.00 with the Western Surety Company as surety and Northwestern Refining
Company with the Anchor Casualty Company as surety in the amount of $4,927.00,
were each read and the same were r4ferred to the Mayor for his approval:
The report of the Clerk of Municipal 'Court for the week ending March 27,
1954 showing total criminal fines and costs collected $1,6ol 85 and civil fees
received $8.70 was read and having been approved by the City,Attorney, President
Bach ordered the same placed on file.
The recommendation of the Street & Alley Committee that a curb and
gutter be constructed on loth. Street Southeast from 6th to 7th Avenue Southeast
was read and upon motion by Thiem, second by Ackerman, the said recommendation
was approved.
The recommendation of the Street & Alley Committee!'that a curb and
gutter be constructed on-2nd Avenue Northwest from llth to 12th Street Northwest
was read and upon motion by Morris, second by Anderson, the recommendation was
approved.
The recommendation of the Street & Alley Committee that a curb and
gutter be constructed on 12th Avenue Northeast from 8th Street Northeast to the
north line of West's Subdivision was read and upon motion by Ackerman, second by
Morris, the recommendation was approved.
The recommendation of the Street & Alley Committee that a curb and
gutter be constructed on 9th Avenue Southeast from 9th to loth Street Southeast
was read and upon motion by Morris, second by Anderson, the recommendation was
approved.
The recommendation of the Street & Alley Committee',that a curb and
gutter be constructed on 9th Street Northeast from 1st to 2nd Avenue Northeast
was read. No action was taken on the recommendation.
The recommendation of the Street & Alley Committee that the Planning
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., April 1, . 1954
Board be authorized to expend up to $1500.00 for surveys and proposed development
plan of the Northwest Rochester area was read end upon motion by Morris, second
by Ackerman, the recommendation was approved.
The recommendation of the Street & Alley Committee and the City
Engineer that. the resolution approving- plans f or Improvement on T. H. #296
(4 St. S. E. ) and entering into an agreement with the Minnesota Department of
Highways be adopted was read and upon motion by Anderson, second by Ackerman,
the recommendation was approved.
The recommendation of the Public Grounds Committee that the
preliminary plan of a new scale house be approved and authorizing Harold
Crawford, Architect, to complete plans for a new scale house was read and
upon motion by -Schroeder, second by Anderson, the recommendation was approved.
The recommendation of the Street & Alley Committee ordering #rading,
surfacing, curb and gutter on 15th Avenue Southwest from 7th Street to the
South line of Dresbach's Addition was read and upon motion by Schroeder, second
by Morris, the recommendation was approved.
The recommendation of the Street & Alley Committee that the grading
and surfacing of 7th Street Northeast abutting Outlot 1 El Rancho Sub -Division
be competed was read and upon motion by Ackerman, second by Anderson, the
recommendation was approved.
The recommendation of the Street & Alley Committee ordering grading,
surfacing, and curb and gutter on 14th Avenue Southwest from 7th to 9th Street
Southwest was read and upon motion by Morris, second by Thiem, the said
recommendation was referred back to the Committee.
A motion was mady by Thiem, second by Whiting, that the ordinance
defining "milk" and certain "milk products,"Milk producer","pasteurization,
etc.; proMbiting the sale of adulterated and misbranded milk and milk products;
requiring permits for the sale of milk and milk products; regulating the
inspection of dairy farms and milk plants, and the examination, grading,
labeling, pasteurization, regrading, distribution, and sale of milk and milk
products; providing for the construction.of future dairies and. milk plants,
the enforcement of this ordinance, and the fixing of penalties, be given its
second reading.
The above captioned milk ordinance was given its second reading.
Upon motion by Schroeder, second by Whiting, and upon roll call and
all voting in favor thereof, the rules were suspended and the ordinance was
given its third and final reading.
Upon motion by Thiem, second by Whiting, that the said resolution be
adopted as read, and all voting in favor thereof, President Bach declared the
said Ordinance duly passed and adopted.
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., April 1, 1954
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The . following. resolution were each introduced and read and President
Bach declared the same duly passed and.adopted: ;I
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Resolution authorizing the Public Utility Board to enter into contract
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with the Danewick Painting Company. Upon motion ly Ackerman, second by Anderson,`I
resolution adopted.
Resolution authorizing - the Public Utility .Board to enter into -contract I
with the.Addressograph Multigraph Corporation. Upon motion by Anderson, second
I by Morris, resolution adopted.
II Resolution authorizing the Public Utility Board to ,enter into contract
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with Alvin E. Benike. Upon motion by Morris, second by Schroeder, resolution
adopted.
Resolution approving route of detour during reconstruction work on 4th iI
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Street Southeast from 6th Avenue Southeast to the Rochester State Hospital. Upon
motion by Schroeder, second by Thiem, resolution adopted. i.
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Resolution ordering first hearing on construction of a curb and gutter
on loth Street Southeast from 6th to 7th Avenue Southeast. Upon motion by Thiem,
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second by Whiting, resolution adopted.
Resolution ordering first hearing on construction of a curb and gutter it
on 2nd Avenue Northwest from llth to 12th Street Northwest. Upon motion by l�
Whiting,l
second by Ackerman, resolution adopted.
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Resolution ordering first hearing on construction of a curb and gutter
on 12th. Avenue Northeast from Sth Street to the north line of 'WestIsSub-Division.!
Upon motion by Ackerman, second by Anderson, resolution adopted.
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Resolution ordering first hearing on construction of a curb and gutter
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on 9th Avenue Southeast from 9th to loth Street Southeast. Uxnon motion by j
Anderson, second by Morris, resolution adopted.
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Resolution ordering first hearing on grading, surfacing, and curb and
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gutter on 15th Avenue Southwest from 7th Street Southwest to the south line of l
Dresbach's Addition. Upon motion by Schroeder, second by Thiem, resolution
adopted.
Resolution ordering first hearing on grading, and surfacing of 7th
Street Northeast abutting Outlot 1, E1 Rancho Sub -Division. Upon motion by
Morris, second by Schroeder, resolution adopted.
Resolution approving plans and spoifications etc. for reconstruction and
improving Trunk Rig hway No. 296, 4th St. S. E. from 6th Avenue Southeast to the
Rochester State HospitaL Upon motion by Thiem, second by Whiting, resolution
adopted.
Resolution appropriating $15,391.56 from the Sewer Fund and ordering
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of the City -of Rochester, Minn.,, April 1, 1954
payment made to the Sinking Fund of the City of Rochester. Upon motion by
Whiting, second by Ackerman, resolution adopted.
Resolution appropriating $14, 542.0'7 from the Street & Alley Fund and
$10, 946. 31 from the Sewer Fund and ordering payment made to Genesml Fund,
$244- 53; P. I. R. Fund $14, 297. 54 and P.I.R. Fund $10,946. 31. Upon motion by
Ackerman, second by Anderson, resolution adopted.
A bill in the amount of $62.00 presented by Mr. H. S. Patterson for.
time attending court was presented and upon motion by Schroeder, second by
Thiem, the same was referred to the City Attorney.
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Upon motion by Morris, second by Schroeder, the meeting was adjourned.
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City Clerk