HomeMy WebLinkAbout05-13-1957Record of Official Proceedings of the Common Council .5 2 5
of the City of: Rochester, Minn., may 13, 19 5 7
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Minutes of an adjourned regular meeting of the Common Council of the
City of Rochester, Minnesota, held in the Council Chambers in the City Hall, in
said City, on May 13, 1957-
President Bach called the meeting to order at 7:30 o'clock P. M., the
fol'lowing.members being present: President Bach, Aldermen Haas, Moody, Morris,
Schroeder, Tingley, Whiting. Absent: None.
A letter signed by John E. Geerdes, Jr. of 624 - 2nd Street N. W.
stating that he had dented the back fender of his car and scraped the paint on a
fire hydrant which he felt was.too close to the curb was read and upon motion by
Tingley, second by Haas, the same was referred to the City Attorney. All voted in
favor of the motion,
A letter from the Firemen's Civil Service Commission stating that they
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had received thel resignation of Ross A. Bosshard, fireman first class, effective
June 1, 1957 wasl,read. Upon motion by Schroeder, second by Moody, the resignation
was accepted. All voted in favor of the motion.
A letter from Charles A. Holt of 1112 - 1st Street N. W. 'requesting
that his name. be' placed in consideration for the issuance of an off -sale liquor
license in the City of Rochester was read. Upon motion by Schroeder, second by
Tingley, the same was ordered placed on file with similar applications. All voted
in favor of .the motion.
A. letter from Irving L., Eckholdt, Judge of Municipal Court, stating that
he had appointed -'Dorothea Bailey as Second Deputy Clerk of Court was read and
President Bach ordered the, same placed on file.
A notice from the Railroad and Warehouse Commission that a hearing would
be held in the Council Chambers, in the City Hall in Rochester, Minnesota, on
May 23, 1957 at 10:00 A. M. in the matter of the application of the Rochester Bus
Line, Inc. for an increase in fare was read and President Bach ordered the same
placed on file.
A notice of the 43rd Annual Convention of the League of Minnesota
Municipalities t'o be held in Duluth on June 12, 13 and 14, 1957 was read. A motion
was made by Schroeder,,second by Haas, that -.City officials be authorized to attend
this convention at city expense. All voted in favor of the motion.
The annual report of the Rochester Bus Line, Inc. for the year ended
December 31,.1956 was presented and President Bach ordered the same.placed.on file.
The report of the Clerk of,Municipal Court for the week ending May 3,
1957 : showing total criminal fines and costs collect4d $2, 492. 50 and evil fees
received,.$17.90 was read and having been approved by the City Attorney, President
Bach ordered the same placed on f ile.
The application of John J. Winkels for an Electrical Contractors License
was read and upon motion by Schroeder, .second .by Tingley, the. license, was grant .ed.
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2 6 Record of Official Proceedings. of the Common Council
of the City of Rochester, Minn., May 13, 1957 •
The application of John J. Winkels for a Master Electricians License
was -read and upon motion by Tingley, second by Moody, the license was granted.
The application of Hilder B. Munson for a Journeyman Hot.Water and
Steam Fitterls License was read and upon motion by Moody, second by Haas, the
license was granted.
The application of A. M. Christopherson for 'a cigarette license was
read and upon motion by Schroeder, second by Moody, the license was granted.
The indemnity bond for loet warrant of Kiplinger Washington Agency in
the amount of $19.00 was read and upon motion by Schroeder, second by Moody, the
bond was approved and the surety thereon accepted.
The license bonds of Emrold A. Thiem in the amount of $1,000.00 with the
Fidelity and Casulaty Company of New York as surety and John J. Winkels in the
amount of $1,000,00 with the Lumbermens Muival Casualty Company as surety were
each read and upon motion.by Schroeder, second by Moody, the bonds were approved,
the surety thereon accepted and the same were ordered placed on file:
The contract bonds of Builders Land Company in the amount of $166,000.00
and Ruffridge Johnson Equipment Company in the amount of $2,838.00_were each read
and the same'were referred to the Mayor'for his approval.
The. following claims were read and upon motion by Moody, second'by
Schroeder, 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:
From the Park Improvement Fund: Riverside Sand & Gravel, $67,60; Whiting
Press, Inc., $28.46; The Johnson Cd., $8.70; Ted's Trailer Sales, $7.95; 'Universal
Motors, $31.71; City of Rochester, $10$.19; Nelson Tire & Appliance, $14.47;
Harolds`Auto Electric, $10.30; Firestone Stores, Inc., $156.10; Chas. Bornholdt,
$5.85; Alexander Auto Electric, $12.65; Wheeling Corrugating Co., $82.90; S. M.
Supply Go., $3, 07; Socony Vacuum Oil Co., $94. 44; Olson Equipment Go., $91.60;
National Bushing & Parts, $2.93; Hayes -Lucas Lumber Co., $13, 50; Chicago & N. W.
Ry. Co., $6.99; United Chemical Co., $27,00; The Sanitary Company-, $2.66; Peoples
Natural Gas Co., $34.69; Michel Sales Co., $39.45; The Woodruff Co., $93.76;
Stonhard Co., $36.76; The Rochester Visitor,' $12.00; Blickle Jewelry, $100.00;
Osco Drug Stord, $14, 90; E. J. Klampe Co., $39.80; H & H Electric Co., $6g. 26;
Fullerton Lumber Co., $21.1b); Foster Electric Co., $10913; Brumm Builders Hardware,
$47.98; Briese Steel, Inc., $9.34; Bergstedt Paint Co., $53.09; American Mat
Corp., $75.00; Ace Linoleum Shop, $65.54; Ace Hardware Co., $21,14; General Grading
Co., $61911; Struve Paint Co„ $142,04; Sears Roebuck & Co., $10.62; Rochester
Plumbing & . Heating Co., $93. 42; Fire and Safety, Inc., $46.54; N. W. 'Bell Telephone
Co., $48.72; R. L.. Gould Co., $91.60; Patterson Quarries, $6.00; Rochester Sand &
Gravel Co., $67,10; Dieter Paper & .Marine Supply, $11,90; Foster Electric Company,
$2.44; Squires Electric Co.,' $11.97; Sunray'Products Inc., $36.59; Curtin's T.V.,
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Record of Official Proceedings of the Common Council 7
• of the City of Rochester, Minn., May 13, 19 57
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$1.20; Dison's Cleaners, $15.60; The Kruse Co., $40;43; Woodhouse Brothers,$22.45;
Adams, Review, $609; Photo News, Inc., $97.45; Rochester Post Bulletin, $5.60;
Walker Hardware, $10.47; Rochester Yellow Cab Corp., $9.10; First National Bank,
$59.70; Broadcast Music Co,, $21,.00; N. W.. Bell Telephone Co., $99.26; Bach Music
Co., $7.96; Witte Transportation Co., .16; Velie Ran Inc.,$5 y$26.42; Seven Up
Bottling 00., $153.03; Rochester Meat Co., $55.18; Rochester Bread Co., $13.32;
Reynolds Wholesale Co,, $119. 62; Red Wagon Products Co,, $30.00; The Pure Ice Co. ,
$20.00; Pepsi Cola Bottling Co.; $2, 49; Old Dutch Foods, $40, 50; National Cash
Register Co., $103, 56;: Marigold Dairies, $102.05; Eollands Food -Shop, $99.99 and
Coca Cola Bottling Co. , $37, 70.
From the Lighting Fund: City of Rochester, P.U., $2.03.
From the F.E. Williams Estate Fund: 0 & 0 Sporting Goods, $12,50,
The following report on adequacy of petition and feasibility of local
improvement submitted by the City Engineer was read:
"Honorable Mayor & Common Council
City of Rochester, Minnesota
Red, Job No, 5632
Gentlemen:
A certain petition requesting construction of a water main in
5th St. N.E. from the end of the main to 17th Ave. N.-E, and in 17th
Ave. N,E, from 3rd to 5th St. N.E, referred to this -office on April
15, 1957 has been examined and a preliminary study made of the
pro jeet,
The Engineer reports that he has conferred with the petitioner,
Mr, Clarence Boutelle, who now advises me that.he wishes to withdraw
his requ.est for an assessment project and requests permission to make
-the public improvement at his own expense.
It is therefore recommended that this petition be abandoned.
Re spe c tfull y,
s C, A. ARMSTRONG
City. Engineer"
A motion.was made by Schroeder, second by Moody, that the report be accepted and
that the petition be abandoned. All voted in favor thereof.
The following report of adequacy of petition and feasbility of local
improvement submitted by the City Engineer. was read (Job 5703):
"Honorable Mayor & Common Council
City of Rochester, Minnesota
Re: Job #5703
Folwell Heights
Gentlemen: -
A certain petition requesting construction of sanitary sewer,
water main, service connections and street grading, and bituminous
surfacing on 6th St. S.W., Folwell Lane, and Folwell Court in Folwell
Heights Addition referred to this office on Feb.. 19, 19,57 has been
examined and found to be signed by more than 35� of the area affected.
I. The 'improvements are feasible but the adjacent plat of Folwell
Subdivision should also be included in the project since it will also
be served by the sanitary sewer and water main,
The areas benefitted.and proposed to be assessed are all the lots
in Folwell Subdivision and all the lots in Folwell Heights Addition.
The ,estimated costs of the improvements without surveys or plans
are approximately $45,000.
Re spectf ully,
/s C. A. ARMSTRONG
- City Engineer"
The recommendatid,n of the Street & Alley, Water -and. Sewer- Committees that they
Approve the above report and recommend the surveys and plans be ordered by ttae
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528 Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., May 13, 19 57 •
(City Engineer was also read. Upon motion by Schroeder, second by Whiting, the
(report of the City Engineer was accepted and the recommendation of the S & A, Sewer
and Water Committees was approved. All voted in favor of themotion.
The recommendation of the City Engineer that the _proposed plat of . Grahams
Second Addition meets the requirements.of Ordinance 704 and its approval is
recommended, provided the provisions for limited access to certain lots as recom-
mended by the Flanuing Board is incorporated on the plat ind in the resolution
approving it was road and upon motion bg. Schroeder, second by Moody, his recommend-
ation was accepted.
The recommendation of the Sewer Committee that the School Board be per-
Imitted to install garbage grinders at the new Marshall High School at this time
(but permission for their use be withheld until the additional.digesters at the
Sewage Treatment plant are constructed was read and upon motion by Haas, second by
Tingley, the recommendation was approved.
A motion was then made by Schroeder, second by Moody, instructing the
City Clerk to inform the School Board of"the action by the Common Council on their
request to install garbage grinders at the new Marshall High School. All voted in
favor of the motion. •
R. V. Ehrick, City Attorney, stated that installation.of commercial
garbage grinders was prohibited by ordinance and if the Council wished to grant
this permission, an amendment should be made to the ordinance (No. 877). A motion
was then'made by Schroeder, second by Moody, instructing the City Attorney to
amend the ordinance to provide that commercial garbage grinders can be installed
in connection with new construction but provide that their use be withheld until
1permission is granted.
The request of C. A. Armstrong, City Engineer for approval of the
appointment of Ambrose J. Blake as Engineering Aide IV in the City Engineers
Department at the annual salary of $5600.00 was read together with the recommend-
ation of the Street & Alley Committee that his request be approved. Upon motion
by Haas, second by Tingley, the recommendation of the Street & Alley Committee was
Japproved.
The report of t'he City Engineer that the petition requesting sanitary
sewer, crater main, grading and surfacing in 19th Avenue Northeast in Miner's Heights
14th Addition had been examined and checked and found to be in proper form and
stating that the project is feasible and that the work be done as proposed, except
at the estimated cost of $15,
that separate contracts be let for different types of construction was read. A
letter from Mr. John Miner requesting permissiop to, do the street grading in Miner's
Fourth Addition, according to City specifications, was also read. The recommend-
ation of the Street & Alley Committee that the above projects be constructed, with
Ithe costs assessed to all the lots in Miner's Heights 4th Addition and approving
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Record of Official Proceedings of the Common Council 5291
• of the City of Rochester, Minn., May 13, 19 57
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the request of Mr. Miner to do his own contracting on the roguh grading of streets
at his expense was read and upon motion by Schroeder, second by Haas, the
recommendation was approved$ and the report of the City Engineer was accepted.
The report of.the City Engineer that the petition requesting constr-
uction of sanitary sewer,,water main service connections, storm sewer, street
grading and bituminous surfacing on 92 Avenue N. W. and 9th Avenue N. W. in
Kreter's Replat had been.examined and checked and found to'be in proper form ma
that the improvement is feasible and should be constructed as proposed with
separate contracts for different types of construction and showing the estimated
cost, made without surveys or plans is $20,000.00 was read. The recommendation
of the Street & Alley Committee that they had considered the above,project and
approves its construction, the property to be assessed are all the lots in
Kreter's Replat,fwas read and upon motion by Schroeder, second by Moody, the
recommendation was approved, and the report of the City Engineer was accepted.
The report of the City Engineer that the petition requesting construc-
tion of a curb and gutter on 15th Avenue Northeast from 9th to loth Street
Northeast had been examined, checked and found to be in proper form and that the
improvement is feasible and should be contracted as a separate project and showing'
the estimated cost, made without surveys or plans in the amount of $4,300.00 Was
read and upon motion by Tingley, second by Schroeder, the report was accepted.
The recommendation of the Public Grounds Committee that the City
Scavenger and Dog Catcher be allowed the sum of $30.0.0 per month for the mileage
and expense of his truck, effective April 1, 1957, was read and upon motion by
Haas, second by Moody, the recommendation was approved. All voted in favor of
the motion.
A plat': to be known as Kuzel's Subdivision of Lot 44, Auditor's Plat' "All
was presented and upon motion by Schroeder, second by Tingley, the same was
referred to the Planning Commission.
A report from Black and Veatch relative to the proposed water tower
construction in the east side of 18th Avenue Northwest, approximately 1250 feet
north of the present City limits showing (1) a description of the total area ben-
ef ted.by the proposed improvement (2) a descritpion of the area within the presen
city limits assessable for this improvement (3) a description of the area presentl;
outside the limits of the City of Rochester assessable in the future at such time
as such area is' annexed and is served by the proposed improvement was presented
and ordered placed on file.'
Resolutions fixing sa3srie_s of men in the City Engineer's Department, the
City Treasurer, salaries in the Park Department, salaries in the Fire Department,
and salaries in t`he Public Health & Welfare Department vetoed by the Mayor on
May 11, 1957 were each presented, together with the following veto message by, tbs
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Mayor:
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn.,
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"Honorable Members of the Common Council
City of Rochester
Rochester, Minnesota
Gentlemen:
I am returning five resolutions with my veto inscribed thereon
establishing the salaries of the City Treasurer, Members of the Fire
Department, Members of the Health and Welfare Department, the City
Engineer's Department and the Park Department..
My reasons for the vetoes are, that I feel there are certain ad-
justments which should be made because of the vast differences in the
percentages as well as in the dollar increases of the various job
salaries, and, because there has developed wide -spread dissatisfaction
among our City Employees as a result.
I suspect there has been an adjustments of salaries in certain in-
stances due to an attempt to reclassify the positions, and since we all
agree that none of us are qualified to do that, you are more than likely
to have made some errors in the adjustments.
Because I feel that you would want to correct any action which,
would not be for the best interests of our people, I am, through the
veto, giving those affected an opportunity to present further argu-
ments to you during the next three creeks.
Since Minnesota Statutes hold that the labor of a human being is
not a commodity or article of commerce, and that it shall be construed
to be a personal, right for the employee to create a new- relation for
employer and employee, and since city employees were not given a final
opportunity to be heard after the salaries were readied for action by
resolution, I believe it right and. proper that you hear anyone feeling
himself aggrieved and that you make adjustments of salaries which
would appear to be inconsistent with the average increase, or not
consistent with the increases granted others in similar capacities.
Respectfully,
/s CLAUDE H. McgUILLAN
Mayor of Rochester"
The following resolutions were each introduced and read and President.
Bach declared the same duly passed and adopted:-
Resolution granting one public dance permit to Gene Thompson. Upon
motion by Haas, second by Moody, resolution adopted.
Resolution declaring cost to be assessed and ordering preparation of
proposed assessment for the construction of a curb and gutter on 6th Street
Southeastf rom the Bridge to loth Avenue Southeast. Upon motion by Haas, second
by Moody, resolution adopted.
Resolution referring the petition for the construction of a sanitary
sewer, crater main and service connection a and the•street grading, .b ase construct-
ion and surfacing in Graham' s 2nd Addition to the City Engineer and the Street &
Alley Committee for study and. report. Upon motion by Moody, second by Morris,
resolution adopted. -
Resolution determining adequacy of improvement petition, receiving pre-
liminary report,ordering a public hearing and d1recting.preparation of plans and
specifications in respect to the following improvements: construction of a sanita-
ry sewer, water main, service connections, storm sewer, street grading and bit-
uminous surfacing .on 82 Avenue Northwest and 9th Avenue Northwest in Breter, s -
Replat. Upon motion by Morris, second by Schroeder, resolution adopted.
Resolution determining adequacy of improvement petition, receiving pre-
liminary report, ordering apublic hearing and directing preparation of plans and
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Record of Official Proceedings of the Common Council` 31
• of the City of Rochester, Minn., May 13, 19 57
specifications in.respest to the following improvements: construction of a curb
and gutter on 15;ih Avenue Northeast from 9th Street Northeast to 10th Street
Northeast. Upon:motion by Schroeder, second by Tiingley, resolution adopted.
Resolution determining adequacy of improvement petition, receiving pre-
liminary report, ordering a public hearing and directing -preparation of plp.ns and
specifications in respect to the following improvements: construction of a
sanitary sewer, water main, grading and surfacing in 19th Avenue Northeast in
Miner's Heights Fourth Addition. Upon motion by Tingley, second by Whiting,
resolution adopted.
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, Resolution ordering a hearing on. the. vacation and abandonment of a part
of Fourth Street'Northwest (in Miracle Mile Shopping Center). Upon motion by.
Whiting, second by Haas, resolution adopted.
Resolution declaring cost to be assessed and -ordering preparation of
proposed assessment for the construction of a trunk line sanitary sewer in
Sections 22, 23 and 27, Township 107 North, .Range 14 West (Fullerton-Elford Tract).
Upon motion by Haas, second by Moody, resolution adopted.
Resolution declaring cost to be assessed and ordering preparation of
proposed assessment. for the const:!�nction of a loll water main to Elton Hills. Upon
motion by Moody, second by Morris, resolution.adopted.
Resolution declaring cost to be
assessed and ordering prepartion of -
proposed assessment for the resurfacing of Broadway from Sixth Street Southwest
to Fourth Street Northwest. Upon motion by Morris, second by Schroeder, resolutim
adopted.
Resolution declaring cost to be assessed and ordering preparation of -
proposed assessment for the construction of a trunk line sanitary sewer in parts
of Sections 22 and 23 (I. B. M. Sewer). Upon motion by Schroeder, second by
Tingley, resolution adopted.
Resolution ordering a hearing on the proposed assessment for the constr-
uction of a curb land gutter on 6th Street Southeast from the bridge to loth Avenue
Southeast. Uponimotion by Tingley, second by Whiting, resolution adopted.
Resolution appropriating $1,941,79 from the Park Improvement Fund,
$137.03 from` the 1ighting Fund and. $652.65 from the F. E. Williams Estate Fund and
ordering payment made to City of Rochester, P.U. , $1, 374. 5 The Miracle Equipment
Company, $652.6 5;, Rochester Fertilizer Go., $429- 54 and General Farm Supply Co. ,
$275.73• Upon motion b Vhitin
Y g, second by Haas, resolution adopted.
2 Resolut'ion determining adequacy of improvement petition, receiving pre-
liminary report, ordering a public hearing and directing preparation of plans and
specifications in respect to the following improvements: construction of a sanitary
sewer, water main', service connections, street grading, and bituminous surfacing
on 6th _Street S. If., Folwell Lane and Folwell Court in Folwell Heights Addition.
532 Record of Official Proceedings of -the Common Council
of the City of Rochester, Minn., May 13, 1957 •
Upon motion by Schroeder, second by Whiting, resolution adopted.
Resolution receiving report, ordering a public hearing and ordering pre-_
paration of plans and specifications in connection with the construction'of a water
tvoer in Northwest Rochester. Upon motion by Moody, second by Morris, resolution
adopted.
Resolution approving the plat of "Graham's Second Addition". Upon
motion by Schroeder, second by Moody, resolution adopted and the City Clerk was
instructed to file same with.Register of Deeds.
Alderman Haas recommended to the Common Council that Mr. Robert W.
Langton of 716 Sixth Street Southeast be appointed as a member of the Firemen's
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Civil Service Commission. A motion was made by Tingley, seconded by Morris, that
Mr. Robert W..Langton be appointed as a member of the Firemen's Civil Service
Commission to fill the unexpired term of J. Calvin Haas. All voted in favor of the
motion.
President Bach appointed Aldermen Tingley, Haas azid Morris to serve.on
the Board of Equalization for the coming year; `
Mrs. Lillian Neuman of 526 Second Avenue Southwest was present and pro-
tested -the amount of the assessment against her property on 6th Street Southwest.
S he stated that she had previously paid for the`concrete paving and therefore
felt she should not have to pay as much now. Mr. C. A. Armstrong, City Engineer,
stated that this assessment had been made according to the assessment policy
adopted by`the-Council and the fact had been taken into consideration that the
resurfacing had been done before the twenty years as allowed.
Mrs. Lillian Neuman also stated that she was having trouble getting park-
ing space in front of her home at 526 Second Avenue Southwest and requested that
the Council give here either a "reserved" or "no parking" space in front of her
property. Upon motion by Whiting, seconded by Haas, the same was referred to the
Police Committee. All voted in favor of the motion.
Alderman Morris reported that the furnace at the dog catcher's house
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was in very bad shape. He said he had gotten prices from two furnace men and the
cost would be between $530.00 to $630.00. A motion was made by.Morris, seconded
by Schroeder, that the matter be referred to the Public Grounds Committee for
investigation and report back at the next meeting. All voted in favor of the
motion, except Alderman Tingley, who voted "no".
Alderman Whiting stated that he felt the Council should further study the
proposed bond issue. Thursday night, May 16th at 5:00 o'clock was set for an in-.
formal meeting of the Common Council.
Upon motion by Moody, second by Haas, the meeting was adjourned until
7: 30 o'clock P. M. on Monday, May 20th, 1957• '
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City Clerk
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