HomeMy WebLinkAbout09-10-1958Record of Official Proceedings of the Common Council
of the. City of_ Rochester, .Minn., September 10, .1958--
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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 SeptemberID, 1958.
President Kamm called the meeting to order at 3:00 o'clock P. M., the followinglmembersi
being present: President Kamm, Aldermen McGuckin, Morris, Tingley. Absent: Aldermen Haas, Hanlon]
and Wilkus.
The Council then proceeded to the polling places in the various precincts of the City
to inspect the register counters of thevoting machines and to compare the number of votes shown by
such voting machines with the returns submitted by the Judges at the Special City,Election held
September 9, 1958.
After making the canvass of the voting machines the Council members returned to the
City Hall at 6:20 P. M. and President Kamm called the meeting to order with President Kamm,
Aldermen McGuckin, Morris and Tingley being present.
Alderman Tingley then introduced the following resolution:
"Be it resolved by the Common Council of the City of Rochester, Minnesota:
That the following is a tabulated statement and list of the number of votes cast for
and against the amendments at the Special City Election held on September 9th, 1958, in the City
of Rochester, Minnesota, as determined by said Common Council on the canvass of the returns of
said Special City Election made on the loth day of September, 1958, and said statement is
hereby declared to show the result of the said Special City Electipq ; said tabulation list and
statement is being as follows:
First Ward Second Ward Third Ward
District District District
1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 6 Total
Amendment No. 1
The Charter of the City of Rochester, adopted pursuant to Minnesota Constitution,
Article 4, Section 36, and Minnesota Laws, 1903, Chapter 238, and ratified August 22,
1904, as amended, is hereby amended by the substitution of the following in lieu of
Section 3, Section 15, Section 82, Section 128, Section 2 of Section 160 of Chapter X,
and Section 196, thereof, as follows:
"Section 3. The said City shall be divided into six (6) wards, called the First,
Second, Third, Fourth, Fifth and Sixth Wards.
"The First Ward shall comprise all that part of the City which lies east of
Broadway South and south of a line drawn east and west along the center of that
part of Sixth Street Southeast lying east of Third Avenue Southeast, and extended
westerly to said Broadway south, and extended easterly to the intersection of said
Sixth Street Southeast and Thirteenth Avenue Southeast and thence southeasterly
along the center of Old Trunk Highway Number Twenty (20), (being that street
extending southeasterly from the intersection of Sixth Street Southeast and
Thirteenth Avenue Southeast to the intersection of Highways Fourteen (14) and
Fifty-two (52) to Eight and One-half (8k) Street Southeast,. thence easterly
along the center of Eight and One-half (8'k) Street Southeast to the eastern
limits of the City.
"The Second Ward of the said City shall comprise all that part of the said
City which lies west of Broadway South and south of a line commencing at the
center of the intersection of Sixth Street Southwest and Broadway South, thence
west along the center of Sixth Street Southwest to the center of Highway Fifty-
two (52), as presently laid out, thence north along the center of Highway Fifty-
two (52) to the center of Fifth Street Southwest, thence westerly along the
center of Fifth Street Southwest to the westerl limits of said City.
"The Third Ward shall comprise all that part of the City which lies north of
the Second Ward and west of Broadway North and South and south of a line drawn
east and west along the center of Seventh Street, Northwest to the intersection
of Seventh Street Northwest, if extended, and the Chicago Northwestern Railroad
Right-of-way, thence westerly along the center of the said Chicago Northwestern
Railroad Right -of -Way to the western limits of the City.
"The Fourth Ward shall comprise all that part of the said City which lies
north of the First Ward and east of Broadway North and South and South of a line
drawn east and west along the center of Seventh Street Northeast to the
eastern limits of said City.
"The Fifth Ward shall comprise all that part of the said City which lies north
of the Fourth Ward and east of Broadway North.
"The Sixth Ward shall comprise all that part of the said City which lies north
of the Third Ward and west of Broadway North."
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''- Record of Official Proceedings of the Common Council
of the City of Rochester, Minn.,
September 10, 1958
"Section 15. The elective officers of each ward shall be one Alderman.
The Alderman from each of the of odd numbered wards shall be elected in each
odd numbered year and shall each hold office for two (2) years and until
his successor is elected and qualified. The Alderman from each of the
even numbered wards shall be elected in each even numbered year and shall
each hold office for two (2) years and until his successor is elected and
qualified. The term of office of all Alderman holding office on the
effective date of this amendment shall expire on the first Monday in
April, 1960, and the residence provisions of Section 22 of this Charter
shall not operate to vacate the office of any Alderman holding office between
such effective date and the first Monday in April, 1960. Any Alderman
elected from an odd numbered ward in the general City election in 1960
shall hold office for one (1) year and until his successor is elected and
qualified."
"Section 82. The legislative authority of the City shall be vested in a
Common Council, which shall be composed of an Alderman at Large and one
Alderman from each ward in the City."
"Section 128. There shall be a Board of Park Commissioners of the City of
Rochester, to consist of one member from each ward and one member at large,
appointed by the Mayor and confirmed by the Common Council. They shall be
residents and freeholders of the City. Each shall hold office for two (2)
years. A Park Commissioner shall be appointed from each odd numbered ward
on the second Monday in April in each odd numbered year and a Park Commissioner
shall be appointed from each even numbered ward on the second Monday in
April in each even numbered year. The Park Commissioner at Large shall be
appointed on the second Monday in April in each odd numbered year. The term of
office of all Park Commissioners holding office on the effective date of this
amendment shall expire on the second Monday in April, 1960. The term of
office of the Park Commissioner at Large and the Park Commissioners from
odd numbered wards, appointed on the second Monday in April, 1960, shall
expire on the second Monday in April, 1961."
Section 2 of Section 160, Chapter X .
"Section 2. The Board of Education shall consist of one (1) member from
each ward and one member at large. The board member from each of the odd
numbered wards and the board member at large shall be elected at the general
City election in each odd numbered year and shall each hold office for two (2)
years and until his successor is elected and qualified. The Board member
from each of the even numbered Vaads shall be elected at the general City
election in each even numbered year and shall hold office for two years and
until his successor is elected and qualified. The term of office of all
board members holding office on the effective date of this amendment shall
expire on the first Monday in April, 1960. The residence provisions of
Section 22 of this Charter shall not operate to vacate the office of any
board member between the effective date of this amendment and the first
Monday in April, 1960, and the Board of Education serving on the effective
date of this amendment shall continue to serve with full power and authority
until the first Monday in April, 1960. Any Board member from an odd numbered
ward and the board member at large elected at the general City Election in
1960 shall hold office for one (1) year and until his successor is elected
and qualified."
"Section 196. The Common Council, upon ordering an improvement above
mentioned to be made, shall appoint three commissioners, each of which
shall be a disinterested freHholder and qualified voter, of the City, to
view the premises, and assess the damages which may be occasioned by the
taking of private property or otherwise in making said improvement. The
commissioners so appointed shall be notified as soon as practicable by
the City Clerk to attend a meeting at his office, at a time to be fixed
by him for the purpose of qualifying and entering upon their duties. In
the event of the absence, inability or refusal of any Commissioners so
appointed to serve, any two Commissioners who have qualified, are authorized
to appoint a Commissioner possessing the qualifications aforesaid to fill
the vacancy. In all archer cases of vacancy the Common Council shall fill
such vacancy or vacancies."
This amendment shall take effect as of the first day of January, 1960.
"YES" received
336 132 251 105 639
"NO" received
180 56 92 35 114
123 101 83 157 227
73 27 43 54 66
636 65 176 63 116 422
181 29 60 52 50 117
3632
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Record of Official-_ Proceedings. of the Common Council g 1
of the. City .of Rochester,. Mimi., September..10, 1958
-- OSWALD PUBLISHING CO., NEW ULM, MINN. 5195
Amendment No. 2
The Charter of the City of Rochester, adopted pursuant to Minnesota
Constitution, Article 4, Section 36, and Minnesota Laws, 1903, Chapter 238,
and ratified August 22, 1904, as amended, is hereby amended by the amendment
of Section 163, Section 164 and Section 131 as follows:
I.
Section 163 is amended by the addition, immediately following subdivision
"Sixteenth" thereof, of a new paragraph to be numbered subdivision "Seventeenth"
and to read as follows:
"Seventeenth. An Auditorium Fund, into which shall be paid all taxes
levied by the Common Council for the purpose of operating, maintaining,
repairing and improving municipal auditoriums, and all revenue produced
by the operation of municipal auditoriums."
II.
Section 164 is amended by the addition at the end thereof of a new paragraph
to read as follows:
"For the Auditorium Fund, so much as it may deem necessary for the operation,
maintenance, repair and improvement of municipal auditoriums, not exceeding one
and one-half (12) mills on the dollar of such assessed valuation."
III.
Section 131 is amended by the addition at the end thereof of a new sentence
to .read as follows:
"Municipal auditoriums, and facilities incident thereto as defined by the
Common Council, located in city parks shall be under the management and control
of the Common Council, or such person or board, whether then existing or
established for this purpose, as the Common Council, by resolution, may designate."
"YES" received
283 119 228 92 570 98 80 74 150 195 509 54 163 52 101 348 3116
"NO" received
245 71 122 54 195 93 52 55 66 109 304 39 86 68 72 206 1837
Amendment No. 3
The Charter of the City of Rochester, adopted pursuant to Minnesota
Constitution, Article 4, Section 36, and Minnesota Laws, 1903, Chapter 238, and
ratified August 22, 1904, as amended is hereby amended by the substitution of
the following in lieu of Section 14, thereof, as follows:
"Section 14. The elective officers of said City shall be a Mayor, and
Alderman at Large, an Assessor, and a Treasurer. The Mayor shall be elected
at the general City election in each odd numbered year, and shall hold office
for a term of two (2) years, and until his successor is elected and qualified.
The Alderman at Large shall be elected at the general City election in each
even numbered year, and shall hold office for term of two (2) years, and until
his successor is elected and qualified. The Assessor elected in 1959 shall
hold office four (4) years, and until his successor shall be elected and
qualified and the Treasurer elected subsequent to 1959 shall hold office
two (2) years and until his successor is elected and qualified. Each Assessor
and each Treasurer elected subsequent to 1959 shall'hold office four (4) years
and until his successor is elected and qualified. Any Assessor or Treasurer
elected at a time other than the time such officer should be chosen, by reason
of a vacancy in such office, shall hold office only for the unexpired term
thereof."
"YES" received
234 88 197 85 554 88 74 52 130 176 439 45 136 48 86 308 2740
"NO" received
282 103 150 60 205 105 58 70 81 122 373 50 113 70 87 217 2146
Amendment No. 4
The Charter of the City of Rochester, adopted pursuant to Minnesota
Constitution, Article 4, Section 36, and Minnesota Laws, 1903, Chapter 238,
and ratified August 22, 1904, as amended is hereby amended by substitution
of the following in lieu of Section 293 thereof, as follows:
"Section 293. The following officers of the City shall receive each
year salaries as follows:
"The Mayor . . . . . . . . . ... . . . . .. . . ($2,400.00)
Aldermen each . . . . . . .. . . . . . . . . . . . . . . . (1_, 800.00) .
"In addition to his salary, the Mayor shall in any and all events have
the exclusive control of a contingency fund in the amount of One Thousand
Dollars ($1,000.00) each year, or in such greater amount as the Common
Council may by resolution provide. Expenditures made from this fund
shall be subject to such post -audit as the Common Council may provide."
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_ Record of Official Proceedings of the Common Council
of the City of Rochester, Minn.,, September 10, 1958 •
OBWALD PUBLIB KING CD., NEW ULM. MIN N. 51'95
"YES" received
218 91 179 85 507 81 61 52 111 166 427 41 136 39 78 285 2557 .
"NO" received
304 96 165 56 249 116 75 76 94 138 386 49 113 79 93 269 2358
Amendment No. 5
The Charter of the City of Rochester, adopted pursuant to Minnesota Constitution,
Article IV, Section 36, and Minnesota Laws, 1903, Chapter 238, and ratified August
22, 1904, as amended, is hereby amended by the substitution of the following in
lieu of Section 295 thereof as follows:
"Section 295. The City Assessor, City Treasurer and all other officers and
employees of the City whose compensations are not specifically mentioned in this
Charter, and the incumbents of any other offices which the Common Council may
create hereunder, except the officers or employees hired and controlled by any •
board empowered heretofore to fix the respective salaries and wages, shall each
receive such compensation as the Common Council shall deem proper. Such salaries
and compensations and the salaries and wages fixed by any Board except of
of Education shall be fixed at the time any office is created and annually with
effect from the first day of January in each year. No officer's or employee's
salary shall be increased orldiminished on any date other than January 1st
during his term of office. The Common Council may at any time fix the compen-
sation of any officer or employee for any extraordinary service performed."
"YES" received
283 121 236 109 597 109 88 71 143 210 556 54 172 48 108 371 3276
"NO" received
243 69 113 38 159 87 51 57 69 92 262 39 75 69 66 188 1677
Be it further resolved by the said Common Council: That the total number oflpersons
lawfully voting on the said amendments at the said Special City Election was 5075 and that it
required 3045 votes being three -fifths (3/5) of those who voted at the said Special City
Election to ratify the said Amendments and that there were more than three -fifths (3/5) of the
total number of votes in favor of the adoption and ratification of Amendments No. 1, 2 and 5
and that each of the said amendments did receive the necessary three -fifths (3/5) of the said
total votes and therefore each of said amendments was ratified and adopted by the voters at
the said Special City Election and that each of said amendments therefore did carry and is made
a part of the Charter of the City of Rochester, Minnesota.
Be it further resolved that Amendments No. 3 and 4 did not receive the required
number of votes for adoption and ratification and each of said amendments is declared rejected
by the voters."
A motion was then made by Tingley that the above resolution be adopted. Morris
seconded the motion and all present voting in favor thereof, President Kamm declared the said
resolution duly passed and adopted.
Upon motion by Morris, second �y McGuckin, the meeting was adjourned until 7:30
P. M. on Monday, September 15, 1958.-
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