HomeMy WebLinkAbout12-02-19571
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Record of Official Proceedings. -of the Common Council 10.1
Of the City -of. Rochester, Minn., December 2, 1-9 5 7
OSWALD PUBLISHING CO_ NEW ULM MINN. 5195
Minutes of a regular meeting of the Common Council of the City of
Rochester, Minnesota, held in the Council Chambers in the City Hall, i_n said City,
on December 2, 1957.
Upon motion by Morris, second by DeWitz, and all voting, in favor thereof,
Alderman Tingley was appointed as President pro tem.
President pro. tem Tingley called the meeting to order at 2:00 o'clock
P. M., the following members being present President pro tem Tingley, Aldermen
Briese, DeWitz,'Haas, Morris. Absent: President Schroeder.
Upon motion by Morris, second by Haas, the minutes of the meetings of
November 21st and 26th, 1957 were approved.
President pro tem Tingley stated this as being the time and place set
for a hearing on the petition for vacation of a portion of 15th Street Northwest
and a part of 14th Street Northwest in Valleyhigh Addition. There was no one
present wishingi to be heard. A motion was then made by Alderman Haas that the City
Attorney be instructed to prepare a resolution -vacating the said streets. Alderman
Morris seconded the motion and all present voted in favor thereof.
President pro tem Tingley stated this as being the time 'and place set
for receiving and opening bids for furnishing 23,100 lbs._ anhydrous ferric
chloride for use at the Sewage Treatment Plant. The bid of Lyon Chemicals, Inc.
in the amount of $2,051,29 ($8.88 per cwt) was received and opened and upon motion
by Haas, second by DeWitz, the same was referred to the Sewer Committee and the
City Engineer for tabulation and report., All present voted in favor thereof.
Presidd.nt pro tem Tingley stated this as being the time and place set for
receiving and opening bids for construction of a relief sanitary sewer in 7th
Street Northwest to .a point 230 feet East of llth Avenue Northwest. The bids of
Carlisle G. Fraser, Inc. in the amount of $17,886.41 and $,t-ein Plumbing & Heating
Co. $25, 321.20 were each received and - opened and upon motion by Haas, second by
Morris, the same were referred to the Sewer Committee and the City Engineer for
tabulation and report. All present voted in favor thereof.
President pro tem Tingley stated this as being the time and place set for
receiving and opening bids for construction of a sanitary sewer in 7th Street N. W.
from 19th Avenue N. W. to the west line of Valleyhigh Replat. The bids of Carlisle
G. Fraser, Inc.' in the amount of $2,988.47 and Stein Plumbing & Heating Company in
the amount of $3,656.56 were each received and opened and upon motion by DeWitz,
second by Haas, the same were referred to the Sewer Committee and the City Engineer
for tabulation and report. All present voted in favor thereof.
President pro tem Tingley stated this as being the time and place set for
receiving and opening bids for construction of a water main extension in 19th Avenue
Northwest from 17th to loth Street Northwest and in 7th Street Northwest west of
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Record of Official Proceedings of -.the Common Council
of . the City of Rochester, Minn., - December 2. 1957
19th Avenue Northwest in Valleyhigh Addition Replat. The bids of Carlisle G.
Fraser, Inc. in the amount of $11,299.22 and Stein Plumbing & Heating Company in
the amount of $12,633.00 were each received and opened and upon motion by Haas,
second by DeV3itz, the same were referred to the Water Committee and City Engineer
for tabulation and report. All present voted in favor thereof.
President pro tem Tingley then called on Mayor -A. M. Bach, who stated
that he was here today with mixed emotions (1) he was very happy and appreciated -
it that the Council had appointed him as Mayor of the City of Rochester and (2)
there was a note .of sadness in his mind when he thought of the reason for this
appointment, the death of Claude H. McQuillan. He stated that the past five years
while he was President of the Council had been fruitful years, that the Council
had accomplished a great deal and he felt that relations had always been harmonious
and good among the .people he worked with and sincerely. hoped that the same would
continue in the future.
The City Engineer's preliminary estimate for construction of a water
main extension in 19th Avenue Northwest from 7th Street to loth Street Northwest
and in 7th Street Northwest, west of 19th Avenue Northwest in Valleyhigh Replat
in the amount of $10.493.•25 was read and President pro tem Tingley ordered the same
placed on file.
The City Engineer's preliminary estimate for construction of a sanitary
sewer in 7th Street Northwest from 19th Avenue Northwest -to the west line of
Valleyhigh Replat in the amount. of $2,529.26 was read and President pro tem Tingley
ordered the same placed on file.
The following resolution adopted by the Pulbic Utility Board was read
and President pro tem Tingley 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 be and is
hereby requested to authorize the said Board to enter into a contract
with: 1. R. G. Haley and Company for the furnishing of-
60 Class 3, 35 ft. Western Red 0edar Poles
50 Class 3, 40 ft. Western Red Cedar Poles; the total
amount of the said contract to be $3,925.00.
2. C. I. Miller Company for the furnishing of-
50 Class 3, 45 ft. Western Red Cedar Poles; the total
amount of the said contract to be $2,032.50.
both companies being the lowest responsible bidders."
The recommendation of the City Planning and Zoning Commission that they
had reviewed the preliminary plat of Betcher's Property East of U. S. 63 and
north of 19th Street N. E. and recommend that it be granted preliminary approval
as to general street pattern and lot layout, subject to compliance with the
recommendations as set forth in the Planning Director's report dated November 19,
19570 and further recommend that lots 10-16 as shown on the preliminary plat be
set up for future multiple dwelling use with adequate off street parking facilities,
and the property owned by L. C. Miller located east of U. W. 63 and north of 19th
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• Record of Official Proceedings of the -Common Council
103
Of the City -of Rochester, Minn.,_ December 2, 1957
OSWALD PUBLISHING CO., NEW ULM. MINN. 5195 -
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Street N. E. be set up for future commercial use with adequate off street parking
facilities was read. A motion was made by Alderman Haas that the recommendation
be referred to the Survey Committee. Alderman Morris seconded the motion and all
present voted in favor thereof.
The following recommendation of the Planning and Zoning Commission was
present
read and upon motion by Haas, second by Morris, and all/voting in favor thereof,
the recommendation was referred to the Survey Committee:
"Honorable Mayor and
Common Council
City'of Rochester, Minnesota
Re: Suggested Replat for Gonderman and Thiel's Subdivision
Gentlemen:
The Planning and Zoning Commission at its regular meeting held
November 20, 1957 reviewed a proposed replat of Gonderman and
Thiel's Subdivision as recommended by the City Planning Director.
The purpose of this replat is to eliminate an existing dead end
street in a plat- that is yet undeveloped.
The Planning and Zoning Commission recommends that the proposed
replat be granted preliminary approval and that the owners have a
_final plat prepared. The city will have to take steps to vacate
that',portion of lla Street S. E. that lies west of 102 Ave. S. E.
in Gonderman and Thiel's Subdivision and not a part of.the right
of way on the proposed replatting.
Respectfully submitted,
CITY', PLANNING_ AND ZONING COMMISSION
/s Donald L. Grus, Chairman"
A petition signed by F. 0. Fitting, Agnes F. Fitting, L. C. Miller and
Catherine A. Miller to have the following described property annexed to the City of
Rochester (land j just north of Greenway Addition and East of U. S. Highway #'63 North,
was read:
"Commencing at the Southwest ($W) corner of the Northwest quarter
(NWj) of Section Twenty-five (25) in Township 107 North Range
fourteen (14) West for a place of beginning: thence west two
hundred forty-seven and three tenths (247.3) feet to the center
of Trunk Highway No. 63, thence in a northeasterly direction on
a two (2) degree curve two hundred twenty-three and one tenth
(223.1) feet; thence East parallel with the South line of said
quarter four hundred fifty and six tenths (450.6) feet; thence
-South one hundred five (105) feet; thence West one hundred (100)
feet; thence South eighty-three ind five tenths (93.5) feet;
thence west one hundred eighty-six and six tenths (186.6) feet;
thence south sixteen and five tenths (16.5) feet to the place of
beginning, being a part of Sections No. twenty-five (25) and
twenty-six (26) in Township 107 North, .Range fourteen (14) West,
foregoing property all situated in the County of Olmsted, State
of Minnesota."
Upon motion by Haas, second by DeWitz, the above petition was referred to the City
Planning and Zoning Commission. All present voted in favor thereof.
The following letter from the Downtown Parking Council was read:
"The Honorable A. M. Bach, Mayor
Members of the Common Council
city'of Rochester, Minnesota
Gentlemen:
The members of the Downtown Parking Council unanimously approve
the proposed agreement offered by the Chicago Great Western Railway
Co. , in their letter of November 7, 1957. Lease No. 9939, dated
January 2, 1954 with the City of Rochester should be terminated and
a new lease including the land outlined in red and green on the
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` Record of Official. Proceedings of the Common Council
of the City of Rochester,,. Minn., December 2.:1957
DBWALD PUBLISHING CO.; NEW GLM. MINN. 8195
chart transmitted with the letter of August 31, 1957 from the
Railway'Company should be executed. The rental fee of $400.00 per
annum for the combined land is most satisfactory.
It is respectfully suggested that the Railway Company be
informed immediately that the proposed terms and conditions of the
lease are satisfactory and that the lease will be executed on
receipt. Further, that the City appreciates the friendly spirit
of cooperation of the Railway Co. in assisting the City in solving
their parking problems.
Yours very truly,
/s Stanley F. Drips
Chairman, Downtown
Parking Council"
C. A. Armstrong, City Engineer, stated that he had negotiated with the Railroad
Company and therefore did not know what the agreement was, that is who would remove
the tracks if same were to be removed. He further stated that he felt the Council
should investigate this matter further because unless the tracks were removed the
lot would be of no use if a separate lot. A motion was made by Alderman Haas that
the matter be referred to the Public Grounds Committee. Alderman Morris seconded
the motion and all present voted in favor thereof.
The application for transfer of 3.2 Beer -"On Sale" license No. 921 and
"Off Sale" license No. 1763 from Wilbur Terrell to Viola Guttormson at 31 Fourth
Street Southeast was again read and having been approved by the Chief of Police, a
motion was made by Alderman Morris that the transfer be granted. Alderman DeWitt
seconded the motion and all present voted in favor thereof.
The applications of Rochester Methodist Hospital and Viola Guttormson for
a license to sell cigarettes were each read and upon motion by Morris, second by
Haas, the licenses were granted.
The application of Viola Guttormson for a license to sell soft drinks was
read and upon motion by Morris, second by Haas, the license was granted.
The application of Alfred L. Carlson for. a Journeyman Electricians license
was read and upon motion by Haas, second by Morris, the license was granted.
The report of the City Weed Inspector for the year 1957 was read and upon
motion by DeWitt, second by Morris, the same was referred to the Mayor for study
and analysis and then to be returned to the City Clerk to be -filed. All present
voted in favor -thereof.
The reports of the Clerk of Municipal Court for the week ended Nov. 22,
1957 showing total criminal fines and costs and -civil fees received $1,091.15 and
total remitted to the City Treasurer $625.95; and for the week ended Nov. 29, 1957
showing total criminal.fines and costs and civil fees received $1,455,10 and total
remitted to the City Treasurer $699.30, were each read and having been approved by
the City Attorney, President pro tem Tingley ordered the same.placed'on file.
The indemnity bond for lost warrant or order of Aut6matic Control Company
in the amount of $20.25 was read and upon motion by Haas, second by Morris, the
same was approved, the surety thereon accepted and the City Clerk was instructed to
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issue a duplicate check. 11
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Record of -Official Proceedings of -the- Common Council
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of the City.of Rochester, Minn., December 2, 1.957
OSWALO PUBLISHING CO., NEW ULM. MINN. 5195 '
The recommendation of the Water Committee and the City Engineer that the
bid of Carlisle G..Fraser, Inc. for construction of a water main extension in 19th.
d Avenue Northwest from 7th Street to 14th Street Northwest and in 7th Street
Northwest west -of 19th Avenue,Northwest in Valleyhigh Replat be accepted at the
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unit prices bid and checks be returned to the unsuccessful bidders was read and
upon motion by',Morris, second by Briese, the recommendation was accepted. All
present voted in favor thereof.
The recommendation of the Sewer Committee and the City Engineer that the
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bid of Carlisle G. Fraser, Inc. for construction of a, relief sanitary sewer in 7th
Street Northwest from 7th Avenue Northwest to a point 230 feet east of llth
Avenue Northwest be accepted at the unit prices -bid and checks be returned to the
unsuccessful bidders was read and upon motion by Haas, second by Morris, the
recommendation', was accepted. All present voted in favor there -of.
The 'recommendation of the Sewer Committee and the City Engineer that the
bid of Carlisle G. Fraser, Inc. for construction of a sanitary sewer in 7th Street
Northwest from'19th Avenue Northwest to the west line of Valleyhigh Replat-be
accepted at the unit prices bid and checks be returned to the unsuccessful bidders
was read and upon motion by Morris, second by Briese, the recommendation was
accepted. All present voted in favor thereof.
The recommendation of -the Sewer Committee and the City Engineer that the
bid of Lyon Chemicals, Inc. for furnishing anhydrous ferric chloride for use at
the Sewage Treatment Plant be accepted at the unit prices bid was read and upon
motion by Haas; second by Morris, the recommendation was accepted. All present
voted in favor thereof.
The following letter was read:
"Honorable Mayor and
Common Council
City of Rochester, Minnesota -
Re:' Suggested Organization to Study and Develop a New Zoning
Ordinance for the City of Rochester, Minnesota
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Gentlemen:
Preliminary studies aimed at developing a comprehensive amend-
ment to Rochester's Zoning Ordinance have progressed to, the
point where city boards concerned with the zoning problem should
be brought into the discussion.
Thel,,purpose of this letter is to suggest a possible organization
to study and ddvelop a new zoning ordinance for the City of -
Rochester and to make a recommendation to the Common.Council
for its adoption..
The suggested "Zoning Committee" could be composed.of the fol-
lowing municipal boards:
(1) Survey Committee
(2) Zoning Board
(3) Planning and Zoning Commission
Acting as,advisors to -the main group could be the following city
department heads:
(1) Planning Director
(2) Building Inspector
(3) City Attorney -
(4) City Engineer
The ,°Zoning Committee" may ask representatives of interested groups,
0 6° Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., -December 2, 1957
CHWALD PUBLIS NINO CC.. NEW ULM. M1PIN. 5195
such as the Board of Realtors, Home Builders Association and
etc., to appear and make suggestions_or criticize the ordinance
as it is developed.
Some items to be considered by the Zoning Committee are as
follows:
(1) Districts to be established.
(2) Preliminary discussion of uses to be permitted in the
districts and the restrictions to be imposed.
(3) Preliminary allocation of non -controversial lands
into districts.
(4) Allocation of controversial lands into districts.
(5) Consideration of special problems such as amendments,
appeals, variances, non -conforming uses, parking.
administration, etc.
(6) Consideration of the Zoning Ordinance as a whole to
make a recommendation to the Common Council for its
adoption.
Your consideration and adoption of this procedure is urged so that
meetings may begin within a week.
Respectfully submitted,
ADVISORY GROUP
/a R. V. Ehrick, City Attorney
/s Tom 0. Moore, Planning Director
/s Gar -net Spring, Building Inspector
Mr. R. V. Ehrick, City Attorney, explained this letter stating that the proposed
ordinance was now at a point where it needed the city boards concerned with zoning
problems to help with the decisions. He further stated that the Chairman of the
Survey Committee would automatically be chairman of this committee. Mr. Tom 0.
Moore, Planning Director, stated that he felt it should be evolved by the people
of the community with guidance of others and that the people should be ilif ormed
of things from the beginning. President pro tem Tingley stated that the City was
badly in need of a new zoning ordinance that would be fair and just to everyone and
felt that the sooner such an ordinance is adopted the sonner zoning troubles would
be at a minimum -and felt such an ordinance could be set up and worked to the
advantage of the City as a whole. A motion was then made by Alderman Haas that
the plan be adopted and the City Attorney was instructed to prepare a resolution
setting up such a committee. Alderman Morris seconded the motion and all present
voted in favor thereof.
The following resolutions were each introduced and read and President
pro tem Tingley declared the same duly passed and adopted:
Resolution accepting bid of Lyon Chemical Company for furnishing 23,100
lbs. anhydrous ferric chloride for use at the Sewage Treatment Plant. Upon motion
by Morris, second by DeWitz, resolution adopted.
Resolution accepting the bid of Carlisle G.-Fraser for construction of a
water main extension in 19th Avenue Northwest from 7th Street to 14th Street
Northwest and in 7th Street Northwest west of 19th Avenue Northwest in Valleyhigh
Replat. Upon motion by Briese, second by DeWitz, resolution adopted.
Resolution accepting bid -of Carlisle G. Fra'ser, Inc. for construction
of a relief sanitary sewer in 7th Street Northwest from 7th Avenue Northwest to a
point 230 feet east of llth Avenue Northwest. Upon motion by Haas, second by
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ggorris, resolution adopted. 11
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Record of Official Proceedings of- the Common Council
of .#he_ City _of_ Rochester, Minn.. December 2, 1557 .
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Resolution accepting bid of Qarlisle G. Fraser, I.nc. for construction of
a sanitary sewer in 7th Street Northwest from 19th Avenue Northwest to the west
line of Valleyhigh Replat. Upon motion by Morris, second by Briese, resolution
adopted.
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Resolution authorizing the Public Utility Board to enter into contract
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with R. G. Haley, & Company and C. I. Miller Cedar Company. Upon motion by Briese,
second by DeWitz, resolution adopted.
Resolution authorizing Ross Br.owni.ng, Elfreda Reiter and Stanley M.Morris
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to have access to the Safe Deposit .boxes. at the First National Bank of Minneapolis,
Minnesota. Upon motion by DeWitz, second by Haas, resolution adopted.
Resolution levying special assessments for 'the construction of sidewalks
during 1957. Upon motion by Haas, second by Morris, resolution adopted.
Resolution appropriating $444.00 from the Sewer Fund and ordering payment
made to Cutler Magner Company. Upon motion by Morris, second by Briese, resolution
adopted.
Resolution appropriating $200,00 from the General Fund and ordering
payment made to'Richard E. White. Upon. motion by Briese, second by' DeWitz,
resolution adopted.
Resolution appropriating $1,267.42 from the General Fund and $698.01 from
the Street & Alley Fund and ordering payment made to International Salt Company,
$460.00; Firestone Stores, Inc., $412.66; N.. W. Refining Company, $697. 57 and
Rochester Post Bulletin, $395.10. Upon motion by DeWitz, second by Haas,resolution
adopted.
Resolution appropriating $72.48 from the General Fund, $171.48 from the
S & A Fund, $48.14 from the Sewer Fund, $3,943.91 from the Park Improvement Fund
and $421,90 from the Police Protection Fund and ordering payment made. to N. W. Bell
Telephone Co., $253.88; General Trading Co., $219.98;.Mayo Civic Auditorium
Revolving Fund,,$3,843.91 and Clements Chevrolet Co., $240.40. Upon motion by Haas,
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second by Morris; resolution adopted.
Resolution appropriating $12, 495.87 from the Sewer Fund and ordering
payment made to !:Carlisle G. Fraser, Inc. Upon motion by Morris, second by Briese,
resolution adopted.
Resolution appropriating $33,345.21 from the P.I.R. Fund and ordering
payment made to DeGidio Stein Venture. Upon motion by Briese, second by DeWitz,
resolution adopted.
Resolution appropriating.$262.40 from the Sewer Fund and ordering payment
made to Toltz, King, Duvall, Anderson and Associates, Inc. Upon motion by DeWitz,
second by Haas, resolution adopted.
Resolution appropriating $11,109JD from the Sewer Fund and ordering
payment made to Toltz, King, Duvall, Anderson and Associates, Inc. Upon motion by
Record of Official Proceedings of the Common Council
of the .City.of Rochester, Minn., December .2, 1957
OBWALD PUBLISHING CO.. NEW OLM. MINN. 8185
Haas, second by Morris, resolution adopted.
Resolution appropriating $2, 369.09 from the Sewer Fund and ordering
payment made t,o Carlisle G. Fraser, Inc.
resolution adopted.
Upon motion by Morris, second by Briese,
Resolution appropriating $9,991.92 from the P.I.R. Fund and ordering
.payment made to Quarve & Anderson Company. Upon.motion by Briese, second by
DeWitz, resolution adopted.
Resolution appropriating .$1,385.70 from the Police Protection Fund and
ordering payment made to Universal Motors, Inc. Upon motion by DeWitz, second by
Haas, resolution adopted.
Resolution appropriating $6,947.33 from the P.I.R. Fund and ordering
payment made to The American National Bank.
resolution adopted.
Upon motion by Haas, second by Morris.
Resolution appropriating $722.32 from the General Fund and ordering
payment made to Mark Hurd Aerial Surveys, Inc. Upon motion by Morris, second by
Briese,; resolution adopted.
Resolution appropriating $15,596.09 from the Sewer Fund and ordering
payment made to Carlisle G. Fraser, Inc. Upon motion by Briese; second by DeWitz,
resolution adopted.
Resolution appropriating $776.50 from the P.I.R. Fund and ordering
payment made to DeGidio Stein Venture.. Upon. motion. by DeWitz, second by Haas;
resolution adopted.
Resolution appropriating $141.55 from the General Fund, $355.50 from the
Fire Protection Fund, $56.75 from the Police Protection Fund and ordering payment
made to B. F. Goodrich Industrial Products Company, $352. 50 and Quality Printing
Company, $201.30. Upon motion 'by Haas, second by Morris, resolution adopted.
The following resolution was.then read and upon motion by DeWitz,
second by.Haas, resolution was.adopted:
"WHEREAS, the death of the Honorable Claude H. McQuillan on
November 16, 1957, has taken from the City of Rochester, Minnesota,
a Mayor who was devoted to the best.interests of the City and its
residents;
AND WHEREAS in the many years of a public -career in which he
served as Mayor and Alderman of the Third Ward, Claude H. McQuillan
gained the stature of an outstanding city official;
AND WHEREAS, in gaining that stature he rendered service of
lasting benefit.to the municipal government and the constituents who.
returned him repeatedly to office.
THEREFORE, be it resolved by the Common Council of the City of
Rochester that it make part of its official records this expression of
sorrow at the unexpected passing of Claude H. McOuillan•at a'time when
he was continuing to write his name largely into the history of a city
in which he took deep and abiding pride;
And be -it further resolved that a copy of this resolution be
sent to Mrs. McQuillan, his surviving wife, as -an expression of this
Council's sorrow at the bereavement she has suffered."
Resolution appointing a "Zoning Committee" to be composed of the Survey
Committee, the Board. of Zoning, the Planning and Zoning Commission and the Mayor
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of _the_City of. Rochester, Minn., _- December 2. 1957
OBWALD PUBLIBNIN13 CO., NEW ULM, MINN. 5195
of the City of Rochester. Upon motion by Morris, second by Briese, resolution
adopted.
The following claims were each read and upon motion by Morris,.second by
Haas, the same were approved and the Mayor and City Clerk were authorized and
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directed to draw warrants upon the City Treasurer and make payments accordingly:
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From the General Fund: Arnold's Supply, • ' pp y, $33.50; Lustre Corp.
� of America,
$25.08; Dieter Paper and Marine Supply, $39.80; Willetta Hoaglan, $48.6p; Emil J.
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Aufenthie, $30.00; Wm. L._ Burrows., $37.50; Charles Dornack, $38.63; Paul Plantz,
$38.25; Garnet Spring, $36.53; Marvin W. Price, $27.45; Tom _Moore, Register of
Deeds, $14.95; Borchert Ingersoll, Inc. , $94.11; Dept. of Weights & Measures,
$27.00; John Oliphant Agency, $16.04; Herbert G. Knopp Agency, $116.18; quality
Brinters & Stationers, $13.65; Municipal Finance. Officers Assn., $30.00; C. A.
Cottingham, $991.60; Peoples Natural Gas Co., $7.40; Socony Mobil Oil Co., $46.50;
Cranston Typewriter Store, $32.00; Monte's, $23.59.
From the Street & Alley Fund: Peoples Natural Gas Co., $30.68; Socony
Mobil -Oil Co., $92. 56; Monson Dray Line, $2.50; Clements Chevrolet Co., $13.54;
Mork Witthauer Equipment Co., $43.96; Harold's Auto Electric, $29.00; Tri State
Tire Co., $12.50; Fullerton Lumber Co., $70.23; Monte's, $7.70.
From the Fire Protection Fund: Harold's Auto Electric, $4.39; Peoples
Natural Gas Co. $49.08; N. W. Bell Telephone. Co., $35.15; Mine Safety Appliance
Co., $180.00; General Trading Co., $36.91; Kenneth Stoletneberg,
$60.00; S. M.
Supply Co., $20.03; Public .Health Department,
Service, $9.46; (quality Printing Co., $3.00.
From the Sewer Fund: Zep Mfg. Co.,
$18:65; Industrial Towel and Garme:t
$84.21; Lyon Chemicals Co., $162.00;
S. M. Supply Co.", $3.82; K & K Electric Supply, $34.50; Fairbanks, Morse & Co.,
$68. 53; Anderson Radiator Service, $4.90; Fullerton -Lumber Co. , $7.63.
From the Bridge Fund: Tom's Electric Co., $31.43.
From the Park Improvement Fund:. Cal Smith, $100.00.
From the Police Protection.Fund: Carl J. Briese, $24.90; Arnold C.
Anderson, $24.90'; Reuben A. Bieck, $46.00;..International Business Machines, $35.00;
Fay's Skelly Service, $1.75; James J. Macken, Jr., $15.50; S. M. Supply Co., $7.83;
Cranston Typewriter Store, $22. 40; Monte's Gift & Stationery, $10# 20; Harold" s
Auto Electric, $2.00.
From the -Parking Meter Fund: Harold's Auto Electric, $19.16.
R. V. Ehrick, City Attorney, presented. a proposed Ordinance amending.
Section 11 of 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, Tise and Height of Buildings, and the Arrangement `of
Buildings on Lots, and the Density of Population within the City of Rochester,
Minnesota, all in accordance with a comprehensive Pla,nu' which read as follows:
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., D e c e mb e r 2, 1957
n (a) 'IN GENERAL
The Common Council may, from time to time on its own motion or
on recommendation of the Board of Zoning or on petition, amend, supple -
went or repeal the regulations and provisions of this Ordinance. Except
as provided in Subsection (b), any such amending, supplementing or
repealing action shall be by.Ordinance adopted by 5/7th of all the members
of the Common Council.
(b) RE -ZONING AMENDMENTS
1 In the event the Common Council on its own motion proposes
to amend this Ordinance by changing land from one district to another, or
in the event a valid petition to change land from one district to another
is filed with the City Clerk and upon presentation to the Common Council
the Common Council elects to consider further the change proposed by
such petition, then the matter of. such proposed change shall be referred
by the Oo=on Council to the Board of Zoning for investigation and
recommendation. No petition to change the zOneoclassification of land
shall be`valid or proper for consideration by the Common Council unless
such petition is duly signed and acknowledged by the owners of not•less
than 50 per cent of the area of the' land, exclusive of streets and alleys
proposed to be changed. Such petition before presentation to the CommonCouncil shall• be verified as to ownership by the City Clerk with the
assistance of the City Attorney and a preliminary determination shall be
made by them'as to the validity of the petition..
(2) .The Board of, Zoning shall make such investigation of the facts
and'circumstances involved as it'deems necessary and shall grant an
opportunity to be heard to every interested person who requests. Within
thirty days after the matter of the proposed zoning change has been referred
to, it, the Board of Zoning shall make its recommendation in writing to the
Common Cou neil.with respect to such change.
(3) Upon receipt of the recommendation of the.Board of.Zoning, the
Commofi Council shall informally consider the proposed change and, if it
then determines to proceed further with the matter, shall fix a date for
a public. Hearing and shall cause notice of such hearing to be published
in the official newspaper at.least once and not less than twenty days
before the dAte - of such hearing:
(4) If a protest against such amendment be presented to the Common
Council at*or before the public hearing, duly signed by the owners of
twenty per cent or more of either the area, exclusive of streets and alleys,
including in the proposed change or the area adjacent to and within
feet of the outer perimeter of the land proposed to be changed, such
amendment shall not become effective 'unless the Ordinance is adopted. If
no valid -protest is filed, the amendment shall become effective if the
Ordinance is adopted aftet the public hearing by a vote of 5/7ths of
all members of the Common Council.0
A delegation from Southeast Rochester was again present in regard to what effect
this ordinance might have on future petitions and discussed the matter of spot
zoning or rezoning by district. A motion was made by Alderman Haas that the.
proposed amendment be referred to the Survey Committee, they to meet with the
Zoning Board, Planning & Zoning Commission and others interested to discuss same
land report back as soon as possible. Alderman Morris seconded the motion and all
present voted in favor thereof.
A resolution vacating a part of Fifteenth Street -Northwest and a part of
Fourteenth Street Northwest in Valleyhigh Addition was read and upon motion by
IDeWitz, second by Haas, resolution adopted.
Alderman Morris, Chairman of the Public Grounds Committee, then moved
that the City Clerk be instructed to write to the Chicago Great Western Railway
Company informing them that the City would accept a new lease, -as requested in
their letter dated November 7, 1957, for an annual rental of $400.00 but would
like to have included in the lease (1) a definite term of expiration of at least
five years (2) that possession date of the area be not later than April 1, 1959
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Record of Official: Proceeding's -of. the Common Council
of the City -of Rochester, Minn., December, 2, .1957
OSWALD PUBLISHING CO.. NEW ULM, MINN. 5195
and (3) specifyl,who was going to remove the tracks. Alderman Haas seconded the
motion and all present voted in favor thereof.
Upon motion by Haas, second by. DeWitz,. the meeting was adjourned until
7: 30 P. M.
President Pro Tem Tingley called the meeting to -order at 7:30 o'clock
P. M. with all members being present except President Schroeder.
President Pro Tem Tingley stated that a petition to have Block 5 and the
West one-half. of Block 6, Highland Addition (21st Avenue S.W. between 3rd and 5th
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Street S.D.) had now been declared valid by the City.Attorney and discussion on
same would be held at this time. Mr. Walter Berndt of 323 21st Avenue Southwest
was present and' inquired what the cost for improvements would be if this property
were annexed. C. A. Armstrong, City Engineer, stated that there had not been a
survey made as yet on this street so he could not give the exact figures but cited
figures for construction work on 20th and l9th Avenues Southwest which had been
done in the past' few years. He also stated• that he did not think- that 21st Avenue
could.be graded'I,to an urban section without cutting into property on the west side
of the Avenue. He also informed the petitioners that even if the land were annexed
it did not automatically bring sewer and water services but that these were subpet
to separate procedure., Mr.. D. L. Chamberlain of 301 21st Avenue S. W. was also
present andstated that he felt they had a bigger problem than just grading streets
which was the health problem caused by unsatisfactory cess pools and felt that the
sooner they were annexed the sooner they could get improvements. The recommendatio�l
of the Planning and Zoning Commission dated October 25, 1957 making the following
recommendations was again read:
l.' The p'ropeity owners be made aware of the following problems:
a. Houses are located very poorly with relation th the
street grade. This presents a serious problem to _-
grading a normal city street cross section and
adequately serving properties on eakch side of the
street.
b. Rock excavation will increase costs of utility
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construction in the area.
c. That land lying above elevation 1,100 will need to
be served by a high pressure water system which � at
present is ion -existent `in the area.
2. That the area be annexed to the city to help eliminate future
health and sanitation problems that may occur in the area.
The recommendation of the Survey__Committee recommending that -the petition for
annexation of the above described: -lands in Highland Addition be annexed to the City
of Rochester ands, the property owners be made aware of the construction -problems
that exist in the area, pending a valid petition, was also read. A motion was then
made by Alderman'Haas that the recommendation of the Survey Committee be accepted
and the City Attorney was instructed to ppepare an ordinance annexing the requested
land to the City. Alderman DeWitt seconded the motion and all present voted in
favor thereof.
Record of Official Proceedings of .the- Common Council
of the City -of Rochester, Minn., December 2, 1957
Mr. Donald Grue was present and stated that he. had received a call from
the F. H. A. sffice in Minneapolis that they had made a tentative appointment for
their representative, Mr. Earl Mann, to meet with the City Council, Planning &
Zoning Commission and others to discuss various housing problems. Air. Grue.
tentatively set; Wednesday, December 4th, for a noon luncheon meeting for this
matter.
An Ordinance Annexing to the City of Rochester a part of the Northwest
One Quarter of Section. Twenty -Seven, Township One Hundred .Seven North, Range
Fourteen West, Olmsted County, Minnesota (Northgate 2nd Addition), was gAv.en its
third and final reading.
'Upon motion by Morris, second by Haas, that the said ordinance be adopted
as read, and all present voting in favor thereof, President pro. tem Tingley declared
the said ordinance duly passed and adopted.
'Upon motion by DeWitt, second by Morris, the meeting was adjourned until
o'clock P. M. on December 16, 1957•
City Clerk
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