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HomeMy WebLinkAbout09-23-1957�- Record of Official Proceedings of the Common Council of the City of Rochester, Minn., s e P t emli e r 2 3, 19 5 7 OBWALO PUBLISHING CO.. NEW ULM, MINN. 5195 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 September 23, 1957. President Bach called the meeting to order at 7:30 o'clock P. M., the following members being present: •President Bach, Aldermen Briese, Haas, Morris, Schroeder, Tingley. Absent: -Alderman Whiting. Upon motion by Morris, second by Haas, the minutes of the meeting of September 16, 1957 were approved. President Bach stated this as being the time and place set for a hearing on the assessment and award of damages in the .matter of condemnation of permanent land temporary sanitary sewer easements in lands located in the Southwest One - quarter of the Northeast One -quarter of Section'Three, Township One Hundred Six, Range Fourteen West owned by Ruth A. Waldron and,Arden J. and Loretta Schultz. Mr. R. V. Ehrick, City Attorney, read the report of the Commissioners which awarded Ruth A. Waldron $715.00 fro permanent sanitary sewer easement, $200.00 for temporary construction easement and $595.00 for permanent slope easement and $178.50 to Arden J. Schultz and Loretta Schultz for permanent slope easement. Mrs. Ruth Waldron was present and stated that she did not feel that the award was sufficient as she did not benefit from the sewer across her property. She was informed that if she was not satisfied she could appeal to the courts. A letter from Lyle J. Stevens, Mayor of St. Charles, Minnesota, inviting city officials to the regional meeting of the League of Minnesota Municipalaities on Tuesday, October 9, 1957 was read and President Bach ordered the same placed on f ile. A letter from Frank H. Duncan, Mayor of Faribault , inviting city officials to the regional meeting at Faribault, Minnesota, conducted by the League of Minnesota Municipalities, to be held on October 9, 1957 was read and President Bach ordered the same placed on file. A letter signed by B. F. Mulvihill, Area Business Representative of the International Union of Operating Engineers, Local No. 49 AFL-CIO, requesting an opportunity to appear before the Council to discuss certain changes in the city labor policy was read and President Bach ordered the same placed. A letter signed by Clarence Johnson of Johnson Pontiac, Inc. requesting that the storm sewer be continued and the river and ditch at the end of First Avenue be filled to prevent an accident. Due to the development taking place at the head of First Avenue S. W. a large drainage ditch had been left between the City park -and this property. Upon motion by Haas, second by Morris, the above communication was referred to the Sewer Committee. All voted in favor thereof. 1 n U 1 1 • 1 n LJ 1 to C.' L0 c*' C� • 1 • h 0 177 Record of Official Proceedings .of the Common Council of the ' City .of Rochester, Minn., September 23, 1957 OSWALD PUBLISHING CO., NEW ULM, MINN. 5195 The resignation of A. G. Whiting as Alderman of the Second Ward of the City of Rochestier, effective as of this date, was read. A motion was made by Alderman Morris, that his resignation be accepted with regrets. Alderman Briese seconded the motion and all voted in favor thereof. A motion was then made by Alderman Schroeder that the City Attorney be instructed to draft a resolution expressing the appreciation of the Council in regard to Mr. Whitings- efforts, the said resolution to be adopted at the next meeting. Alderman Morris seconded the motion and all voted in favor thereof. President Bach then presented a letter from Miss Priscilla Wagoner requesting that she be considered as a candidate to fill the vacancy as Alderman of the Second Ward and outlining the reasons for believing that she might be fitted to serve, as such, which was read. A letter from the Business and Professioz al Women's Club endorsing Miss Wagoner for this position was also read. Presideit Bach ordered that the two communications be placed on file. The r,esignat ion of Donald F. Perry as Civil Defense Director, addroessed to Mayor Mcquillan, effective October 15th or as soon as a replacement could be secured, was read and President -Bach ordered the same placed on file. A letter from Warren L. Edwards stating that they were contemplating building a home' on the west side of 10th,Avenue Southeast and all of the homes to the North of this lot are set back 26' - 6" from the lot line and would like per- mission to ha.vel, the garage protrude five feet beyond this point to facilitate the placing of the building in such a manner that there would be no hazard from water at the rear of the house was read and upon motion by Haas, second by Schroeder, t1B same was referred to the Board of Zoning. The flollowing letter from the Airport Committee was read and President Bach ordered the same placed on file: "Honorable Members of the Common Council City' of Rochester Rochester, Minnesota Gentlemen: At a', meeting of the Rochester Airport Committee, Tuesday, September 17 1957:the revised Master Plan of the New Municipal Airport, revised on June', 25, 1957 and further revised on August 1, 1957 was approved by the Airport Committee. The Mayor was instructed to so report to the Common Council and request your honorable body to take action to officially approve the Revised Master Plan as of this date. I also wish to advise further that I have been notified by Mr. Charles W. Michener, Audtior, Fillmore County, that Mr. Homer Ballinger, Stewartville and Mr. Harry Carothers, Chatfield have been appointed by the County Commissioners of Fillmore County to act as their represent- atives on the joint Airport Zoning Board. This ';completes the appointments of the New Municipa•1 Airport Zoning Board and a meeting will be arranged in the near future. _ Re sp e c tf ul ly , s CLAUDE H. McgtrILLAN i Chairman Airport Committee" A letter from the State of Minnesota, Department of Highways, stating Record of Official Proceedings of.the Common Council of the City of Rochester, Minn., September 23, 1957 • OSWALD PUBLISHING CO., NEW ULM, MINN. 5195 that they had completed density, turning movement and pedestrian counts at the intersections of North Broadway and 14th Street and South Broadway and 92 Street and find that there is justification for signals at these intersection and requesting that the Council adopt a. resolution to execute an agreement with the 'state covering the installation of signals, the state to pay 2/3 and the City 113 of the cost thereof, was read. President Bach ordered the same placed on file. The following letter from C. A. Armstrong, City Engineer, was then read: "Honorable Mayor & Common Council City of Rochester, Minnesota - sob No. 5633 • Sanitary Sewer in 13th St.H.W. from 2 Ave. to 300' west. Gentlemen: I recommend that you give favorable consideration to the re- eommendation of the Planning & Zoning Commission of Sept. 3, 1957 recommending the straightening of 13th Street Northwest west of 2 Avenue Northwest, and take steps at. once to acquire the necessary property. If this action is taken, the proposed sewer construction in 13th Street Northwest from 2nd Avenue to a point 300 feet west should be abandoned, and the bids received on Sept. 16 rejected. If the action to straighten the street is not undertaken and the determination to construct the sewer is made, the low bid of Littrup Nielson received on Sept. 16 is recommended.• Respectfully, • Js C. A. ARMSTRONG City Engineer' Mr. Ralph Doggett, Mr. Wendell Bass and Mr. Lloyd Bennett, owners of property along the street, were each present. Mr. Tom Moore, Planning Director, explained that the proposedprogram of straightening 13th Street Northwest from 2nd Avenue Northwest to-300 feet west would involve two houses directly in the street right- of-way, with two houses on the borderline and also two vacant lots were involved. The Planning and Zoning Commission had previously recommended that this street be straightened. President Bach declared a recess at 8:45 P. M. The meeting was called to order again at 9:10 P. M. • After hearing those present and discussing the sira.ightening of the said street a motion'was made by Alderman Haas that the Council appoint three appraisors to appraise the land in Oak Rest Replat needed to straighten 13th_Street Northwest, they to report back as soon as possible. Alderman Schroeder seconded the motion and all voted in favor thereof. A motion was then made by Alderman Haas appointing Theo. Franke, Louis Fahrman and Roy Reifsnider as the three appraisors to appraise the said land needed for 13th Street N. W. Alderman Tingley seconded the motion and all voted in favor thereof. The petitions. of Rochester West Company, owners of Country Club Manor First Addition, requesting permission to enter into a contract with the City of • 1 L') C CXr r� U 1 1 • Record of Official Proceedings of. the Common Council of the City of Rochester, Minn., S e pt a mb e r 23, 19 5 7 ❑SWALD PUBLISHING CO.. NEW ULM. MINN. 5195 - Rochester to furnish at the expense of the owner, all material and labor for the installation of, sanitary sewer, water main, storm sewer and grading subject to the plans and specifications and supervision of the City Engineer and upon conditions required by said City of Rochester were each read. _ Upon motion bySchroeder, second by Tingley, the same were referred to the Street & Alley, Sewer and Water Committees and the City Engineer. All voted in favor thereof. A let'ter from Raymond E. Yarvel submitting a petition to have 9 lots on North Broadway from 12th to 13th Street N.W. was read together with a statement of acquiescence', Upon motion by Tingley, second by Morris, the said petition was referred to the', Board of Zoning. All voted in favor thereof. The following resolution adopted by the Public Utility Board was read and President Bach ordered the same placed on file: "WHEREAS, the Public Utility Board on July 2, 195' entered into a contract with the Layne -Minnesota. Company for the drilling of a water well on a site at Country Club Manor at a. price of $17,166.00, and WHEREAS, after proceeding with the drilling of the well, due to underground formations and cavities, it is impossible to continue and complete ,the said well according to specifications, and WHEREAS, the ' Layne -Minnesota Company has, up t o date, completed the following schedule of quantities: Drilling Bore hole for 20" casing...70 ft. ® $15.00 per ft. -Total-$1,050.00 Furnishing & installing 201'casing...77 ft. C $10.00 per ft.-Total- 770.00 Drilling 20" Bore Hole 142 ft. @ $10.00 per ft. -Total-$1 420.00 Tot al $3 , 240, 00 and and WHEREAS, the Public Utility Board deems it in the best interest of the City 'of Rochester to abandon the said well and negotiate for a new site at no cost from the owners of Country Club Manor, THEREFORE, be it and itis 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 authrrize the said Board to pay the Layne' -Minnesota Company the amount of $3, 240.00 for work done and materialsi furnished on the said well." Mr. Charles Holt was .again pre.sent and inquired if the Council had done anything further on granting him a dance license for the Brown Derby located at 323 First Avenue Southwest. He was again informed that the matter had been referred to the'License Committee and they had not reported back as yet. The recommendation of the Sewer Committee and City Engineer that the bid of Degidio Stein Venture for construction of Part 2 of Trunk Line Sanitary Sewer from the City System to Country Club Manor 1st Addition(9th Avenue Northwest to Trunk Highway 52) be accepted at the unit prices bid and checks be returned to the unsuccessful bidders (pursuant to Chapter 429, Minnesota Statutes, as amended) was read. A motion!,was made byAAlderman Haas that the recommendation be accepted on the c ondiation that the bond, required by Rochester West Company in the contract approved on September 16, 1956, would be filed by 5:00 o'clock on Thursday, September 26, 1957 and in the event such bond is not filed within the time limit that the matter' of awarding the contract be again brought before the Council on October 7, 1957 Alderman Morris seconded the motion and all voted in favor thereof. 0 .0 Record of Official Proceedings of the .Common Council of the City of Rochester, Minn., September 23, 1957 OHWALD PIJHLIH HIND CD., NEW ULM, MINN. 5195 The recommendation of the Sewer Committee and the City Engineer that the bid of Degidio Stein Venture for construction of Part 3 of .Trunk Line Sanitary Seger from the City system to Country Club Manor. 1st Addition (Trunk Highway 52 to Country Club Manor 1st Addition) be accepted at the unit prices bid and checks be returned to the unsuccessful bidders (pursuant to Chapter 429, Minnesota Statutes, as amended) was. read. A motion was made by Alderman Haas that the recommendation be ,accepted on the conditio.n that the bond, required by Rochester West Company in the contract approved on September 16, 1957, would be filed by 5:00 o'clock P. M. on Thursday, September 26, 1947 and in the event such bond is not filed within the time limit that the matter of awarding the contract be again brought before the Council on October 7, 1957. Alderman Schroeder seconded the was read: The following recommendation of the City Planning and Zoning Commission "Honorable Mayor and Common Council City of Rochester, Minnesota _ Re: Elton Hills First Replat Gentlemen: The Planning and Zoning Commission at a special meeting held Special meeting held September 19, 1957 reviewed the final plat of Elton Hills First Replat and recommend that in as much as an attempt was made by the Planning Commission at the time of platting Elton Hills Second Addition to have the side lot lines laid out on radial lines, and that we also attempted to have the replat laid out with radial lines, and because the plat of Elton Hills Second Addition was approved, it would be difficult to disapprove the replat, even though it does not meet with our recommendation concerning side lot lines. Mr. Elwin Sickman has presented the Planning and Zoning Commission with a letter stating that in the future all lands subdivided by them will have radial side lot lines. In view of the above mentioned factors we recommend that the plat of Elton Hills First Replat be granted final approval. Respectfully submitted, CITY PLANNING AND ZONING COMMISSION s DONALD L. GRUB, Chairman" The recommendation of the Survey Committee that the f inal plat of Elton Hills First Replat be granted final approval subject to receipt of the City Engineer's report and stating that this recommendation is made in concurrence with the above recommendation of the Planning & Zoning Commission, was read. Upon motion by Haas, second by Morris, the recommendation was approved and the City Clerk was instructed to prepare a resolution approving the said plat. All voted in favor thereof. The recommendation of the Police Committee that the following car, Car #15, 1956 Chevrolet, Serial No. VA .561 154299presently in service in the Police Department, be traded off and that bids be accepted for one new patrol car was read. Upon motion by Tingley, second by BAese, the recommendation was accepted. IAll voted in favor thereof. P� 0 1 1 u 1 The application of Lysen Construction Company for permission to move a A r 0 to Q1 Wf • 1 1 • s: 17 .,Record of ° Official Proceedings . of the Common Council of the City . of Rochester, Minn., S e p ti e m be r. 23, 1997 -- OSWALO PUBLISHING CO., NEW ULM, MINN. 5195 - machine shed 32" x 40' from Elton Hills Addition to out of the west city limits was read and upon motion by -Haas, second by Morris, their request was granted. The application of William C. Kearns for a Master Plumber's license was read and 'upon motion by Morris, second by Haas, the license was ,granted. The license bond of W. J. Hankee Company in the amount of $1,000.00 with the St. Paul Firle and Marine lasurance Company as surety was read and upon motion -by Tingley, second by Morris, the bond was approved, the surety thereon accepted a the -same was ordered placed on file. The -report of the City Treasurer for the month of August, 1957 was read and President Batch ordered the same placed on file. The report of the Clerk of Municipal Gourt for the week ended Sept. 20, 1957 showing total criminal fines and costs collected $914.00 and civil fees received $16.20 ,and total remitted to City Treasurer $600.00 was read and having been previously 'approved by the City Attorney, President Bach ordered the same placed on file. R. V. Ehrick, City Attorney, read the offer of Lyle R. and FI.Dren.ce M. Ellefson to sell and convey to the City of Rochester their property located on 7th Street Northea.st� for the sum of $15, 200.00. Alderman Schroeder then introdmeed a resolution approving 'the offer of Lyle R. and Florence M. Ellefson to sell their property located on 7th Street N. E., second by Haas, which was read. A motion was made by Tingley,/that the said resolution be adopted as read and all 'voting in favor thereof, President Bach declared the said resolution duly passed and adopted. The following resolution were each introduced and read and President .Bach declared the same duly passed and adopted: Resolution condemning and taking a parcel of land of the SWv1 of the NE1, Section.3, Township 106, Range 14 Jest and part of Block 2, Belt Line Sub -Division for sanitary sewer and slope easements and ordering payment of damages. Upon motion by Haas, •second -by Morris, resolution adopted. - Resolution -accepting the bid of Degidio-Stein Venture for the construction of Part 3 of Trunk Line Sanitary Sewer from the City System to Country Club Manor 1st Addition (Trunk Highway 52 to Country Club Manor 1st Addition). Upon motion by Morris, second by -Schroeder, resolution adopted. -Resolution accepting the bid of Degidio-Stein Venture for the constructio of Part 2 of Trunk,Line Sanitary Sewer ,from City System to Country Club Manor 1st Addition (9th Avenue Northwest to Trunk Highway No. 52). Upon motion by Schroeder, second by Morris', resolution adopted. Resolution approving the revised Master Plan for the Rochester Municipal (new) Airport. Upon motion by Schroeder, second by Morris, resolution adopted. 0 Record of Official Proceedings of the Common Council of the City.of Rochester, Minn.. September 23, 1957 .Resolution authorizing the City Clerk to advertise for bids for the fur- nishing of one patrol car for the Police Department - 1957. Upon motion by Schroeder, second by Morris, resolution adopted. Resolution authorizing the .Mayor and City Clerk to execute an agreement with the, Chicago North Western Railway Company to construct and maintain a storm sewer and drainage ditch. (For construction of storm sewer from the Marshall High School Area). Upon motion by Morris, second by Schroeder, resolution adopted. Resolution approving a resolution adopted by the Public Utility Board. Re: authorizing.the said Board to pay Layne -Minnesota Company $3,240.00 for work and materials on abandoned well.in Country Club Manor. Upon motion by Schroeder, second by Haas, resolution adopted. Resolution authorizing the Mayor and City Clerk to execute an agreement for installing traffic signals at the intersections of Trunk Highway No. 63 (Broadway) and 14th Street N.W. and 912 Street Southeast. Upon motion by Morris, second by Schroeder, resolution adopted. Resolution ordering examination of books and records for the fiscal year April 1, 1957 to April 1, 1959. Upon motion by Tingley, second by Briese, resolution adopted. Resolution referring the petition for the construction of a sanitary sewer watermain, strom sewer and grading of streets in Country Club Manor First Addition to the City Engineer, the Sewer & Water and Street & Alley Committees for study and report. Resolution appropriating $190.00 from the Street & Alley Fund and $406.76 from the Sewer Fund and ordering payment made to Viker & Sorenson, $295.00 and Rochester Materials Company, $291.76. resolution adopted. Upon motion by Haas, second by Morris, Resolution appropriating $2,901.60 from the General Fund and $489.61 from the Police Protection fund and ordering payment made to Schmidt Printing Company, $1, 273. 90, The Standard Oil Company, .$1, 391.36, T. 0. Wellner, M.D. , $307. 50 and N. W. Bell Telephone Company, $317.55. Upon motion by Morris, second by Schroeder, resolution adopted. Resolution appropriating $356.29 from the General Fund, $23.60 from the Street & Alley Fund, $63.90 from the Fire Protection Fund and $4, 813. h6 from the Lighting Fund and ordering payment made to City of Rochester, Public Utilities. Upon motion by Schroeder, second by Tingley, resolution adopted. Resolution appropriating $267.74 from the P. I. R. Fund and ordering pay- ment made to Leon Joyce. Upon motion by Tingley, second by Morris, resolution adopted. Resolution appropriating $977.00 from the General Fund and ordering payment • 1 1 • r� • I U:) C� • 1 I. • 1 31 Record of Official Proceedings of the. Common Council 2 Of the City of Rochester, Minn., September 23, 1957 OSWALD PUBLISHING CO. NEW ULM, MINN. 5195 made to Adair Electric Company., Upon motion by Briese, second by Haas, resolutioi adopted. The following claims were each read and upon motion by Schroeder, second by Morris, the; same were approved and the;Mayor and City 01'erk were authorized and directed t',o draw warrants -upon the City Treasurer and make payments accord- ingly: From ,the General Fund: Beckley Business Equipment Company, $13.09; Socony Mobil Oil Company, Inc., $46.50; J. C. Penney Company, $7.80; Willetta E. Hoaglan, $47.25; Twin City Testing & Engineering Laboratories, $26.00; City of Rochester, P. U. , $79.20; Woodhouse Brothers, $31.35; Clerk of Municipal Court, $29.90; Larry ,Lentz, $35.00; Rochester Germicide Company, $20.50; The Johnson Company, $8.26',; Borchert Ingersoll, Inc., $42.21; City of Rochester, General Fund, $146.83;I Elfreda Reiter, City Clerk, $79.79; General Farm Supply Company, $57.75; Park Improvement Fund, $60.00; Tom Moore, Register of Deeds, $8.00; Lyle W. Gardner, $5.50; Peoples Natural Gas Company, $1.06; Ace Hardware Company, $58-39; Schmidt Printing Company, $48.00. From '',the Street & Alley Fund: Carlisle G. Fraser, $165.00; The Sanitary Company; $2.99; Peoples Natural Gas Company, $6.33; Ace Hardware Company, $57.70; From the Fire Protection Fund: The Sanitary Company, $1.08; Ace Hardware $ 5. 44. From 'the P. I. R. Fund: Hubert J. Harvey, $50.00; Louis Fahrman, $50.00; and Roy Reifsnider, $50.00. From ,the Sewer Fund: Elfreda Reiter, City Clerk, $3.00; General Trading 1 , Company, $3.00'; The Sanitary Company, $10. 35', Peoples Natural Gas Company, $3.86; Werner Transportation Company, $9.14; Ace Hardware, $12.22; Fairbanks, Morse & Company, $9. 97; Rockwell Manufacturing Company, $113.02; Schmidt Printing Company, $51. 55; Chic ago & Northwestern Railway Company, $3.39; Pittsburgh Plate .Company $4.18. From the Police Protection Fund: Minit Car Wash, $16.25; Police Supply & Service Equipment Company, $119.50; City of Rochester, General Fund, $11.25; Elfreda Reiter', City Clerk, $4.00. From the Parking Meter Fund: Magee -Hale Park-O-Meter Company, $93.50, Ace Hardware Company, s4.82. From the Park Improvement Fund: Elfreda Reiter, City Clerk, $15.00; City of . Rochester, P. U., $45.75; Peoples Natural Gas Company, $10.44; N. Sl. Bell Telephone Company, $61.25. - From the Lighting Fund: City of Rochester, P. U., $39.o3. An Ordinance annexing Belt Line Sub -division to the City of Rochester Minnesota in accordance with the provisions of Section 413.143 of the Minnesota u q t'. Record of Official Proceedings of the Common Council of the City of Rochester, Minn., September 23, 1957 OSWALD PUBLISHING CO., NEW ULM, MINN. 5195 Statutes, as amended was given its first reading. A mot.ition was then made by Alderman Schroeder, second by Alderman Tingley and upon roll call and all voting in favor thereof the rules were suspended and the ordinance was given its second reading. 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 arrange- ment of buildings on lots, and the density of population within the City of Rochester, Minnesota, all in accordance with a comprehensive plane was given its first reading. Upon by Haas, second by Schroeder and upon roll call and all voting in favor thereof the rules were suspended and the ordinance w6s given its second reading. Upon motion by Schroeder,•second by Haas and upon roll call•and,all voting in favor thereof, the rules were suspended and thelordinance was given its third and final -reading. A motion was then -made by Alderman Tingley, second by Alderman Briese- that the said ordinance be adopted as read: All voted in favor thereof and President Bach declared the same duly passed and adopted. (All of Block Four except the South three hundred fifty feet thereof -in Bielenberg & Giese Third Addition from a residen- tial to a Multiple Dwelling Zone). Upon motion by Morris, second by Schroeder and upon roll call and'a1T voting in favor thereof An Ordinance amending an Ordinance entitled,' "An Ordinance for the Purpose of promoting health, safety, order, convanience and general welfare by re- gulating 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 1Rochester, •Minnesota=, all in accordance with a'comirehensive plane (Lot 20 Lemke Sub -Division from a residential to a multiplo dwelling district and Y. 0: I. property and Christopher Graham Trust Property from residential to an Industrial district) was given its third and final reading. Upon motion by Schroeder, second by Morris, thPt the said Ordinance- be adopted as read and all voting in favor thereof, President Bach declared the said ordinance duly passed and adopted. Alderman Tingley stated that Mr. A. A.' Kennedy had contacted him in regard to th-e storm sewer problem on Third Street West of 7th Avenue Southwest and had requested that something be done to correct the situation. A motion was made by Alderman Haas, referring' the matter to the Sewer Committee and the City Engineer. Alderman- Morris, seconded the motion and all voted in favor thereof. Upon motion by Schroeder, second by Morris, the meeting was adjourned. Cit Clerk. F� • I. 1 11 0