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HomeMy WebLinkAbout12-02-19571 i 1 1 • 1 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 0 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 1 • 1. • • 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 - 1 G% CIO 11 J 1 r 1 U 11 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 40 '' t* ` 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 1 • 1 L7 r� U [1 issue a duplicate check. 11 0 105 Record of -Official Proceedings of -the- Common Council g . 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 G 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 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 • 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 1 • n • 1 ggorris, resolution adopted. 11 0 Record of Official Proceedings of- the Common Council of .#he_ City _of_ Rochester, Minn.. December 2, 1557 . 1.07� 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. U Resolution authorizing the Public Utility Board to enter into contract C� 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 • 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, • 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 1 • 1 1 �J 1 0 Record of Official Proceedings of the Common Council 109 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 LIZ directed to draw warrants upon the City Treasurer and make payments accordingly: C� 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. 1 • 1 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: 0 110 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 1 1 1 n LJ 1 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 • 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 • 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 11 • 1 1 Is 0