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HomeMy WebLinkAbout04-21-195829 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., April 21, 1958 • OSWALD 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 April 21st, 1958. President Kamm called the meeting to order at 7:30 P. M., the following members being present: President Kamm, Aldermen Haas, Hanlon, McGuckin, Morris, Tingley and Wilkus. Absent: None ., Upon motion by Morris, second by Wilkus, the minutes of the meeting of April 14th, 1958 were approved. President Kamm stated this as being the time and place set for a hearing on the petition for the vacating and abandonment of 18th Avenue Northwest from 18k Street Northwest to 19th Street Northwest in Sunset Terrace Addition. Mr. Ray Wieland, Attorney representing Mr. and Mrs. Russell Carroll, owners of the Markay Dining Room, was present and opposed the granting of this petition. He raised the question as to the signatures on the petition, which had been signed by William W. and Racheal M. Cassidy and Home Opportunities, Inc. Mr. and Mrs. Cassidy lived outside the City and therefore he felt the petition did not have enough signatures according to the Charter and felt the Council should turn down the petition for this reason. He further stated that Mr. and Mrs. Carroll were planning on annexing their property in the near future. Mr. Stanley Mohn, President of Home Opportunities, was also present and stated they were not trying to gain one or two lots but was done as a safety measure on the recommendation of the Committee and also the land adjoining is not in the City and he felt they should share in the cost of putting the streets in. R. V. Ehrick, City Attorney, stated that in accordance with Section 211 0£ the Charter, he felt this petition was valid, it is signed by Wm. and Rachael Cassidy who'are still the holders of the title of this land and also by Home Opportunities, Inc. the contract buyers of the land and although he had not checked it out he assumed that they owned all the'land abutting. In view of the fact that certain new Alderman did not feel they had adequate background to act on this, a motion was made by Hanlon that this be referred back to the Public Works Committee. Wilkus seconded the motion and all voted in favor thereof. President Kamm stated this as being the time and place set -for a hearing on the extension of a watermain in loth Street Southeast from llth Avenue Southeast to Southgate Addition. There was no one present wishing to be heard. Upon motion by Haas, second by Wilkus, the hearing was closed. President Kamm stated this as being the time and place set for a hearing on the establishing of uniform building setbacks of twenty-five feet in Elton Hills Third Sub -Division. There was no one present wishing to be heard. A motion was made by Wilkus that the hearing be closed -and the City Attorney was instructed to prepare a resolution establishing the said uniform setback lines in Elton Hills Third Sub -Division. Haas seconded the motion and all voted in favor thereof. The Mayor's appointment of Mr. Ralph Stevens of 711 llth Street Southeast to the Music and Band Committee to replace Mr. Percy Smith, term to expire the second Monday in April, 1960 and of Mr. Howard H. Smith of 907 9th Avenue Southeast to the Zoning Board to replace Mr. Harold Gerths • 1 • 1 u Record of Official Proceedings. of the Common Council of the City of Rochester, Minn., April 21, 1958 297.�' 1 LIZ 0 Q0 C� 1 1 • who resigned, to hold.office until the second Monday in April, 1961 was read'. Upon motion by Haas, second by Morris, the appointments were confirmed. A letter from Mr. Ralph Doggett requesting that the Council make a settlement on his property at 209 13th Street,Northwest as soon as possible was read. Upon motion by Haas, second by Hanlon` the matter was referred to the Public Works Committee. A letter from Mrs. Delbert McCain of 219' 12th Street Northwest regarding unsightly piece of property at 2nd Avenue and 13th Street Northwest was read. Upori motion by Hanlon, second by Wilkus, the letter was referred to the City'Security Committee. A letter from the United States Conference of Mayors giving the dates of September 11 - 13th, '1958 of the annual conference to be held in New Orleans was read. 'President Kamm ordered the same placed on file and that the City Clerk again present the communication in two months time. A letter from the Board of Park Commissioners submitting payroll schedules for Park Department employees for 1958 - 1959 was read. Upon motion by Tingley, second by Morris, the letter was referred to -the Council as a Committee of the whole for further study when they met with the Park Department on salaries. The following letter from C. R. Hutchinson was 'read and upon motion by Haas, second by Wilkus the same was referred to the Public Works Committee: "To the Honorable Mayor & President of The Common Council .City of Rochester Rochester, Minnesota Gentlemen: This letter, asking your attention and direction, pertaining to the acceptance of a plat of Northgate Second Subdivision will, I hope, explain the question at hand. Included in our plat, is an area of some (two and thirty-five hundredth) 2.35 acres which.has been set aside for a proposed city park and in as much as there has been no concrete evidence of acquiring this as a park area, we respect- fully request that your planning board be given the authority to examine and accept or reject our plat as is. For your protection, we will agree to keep this park area available for six months or a year, which ever time you feel is necessary for the Park Board to decide as to it's desirability and value as a park for the City. If, at the end of which ever period you choose, it is rejected, we will re -plat the proposed park area in question into residential building lots subject to your approval at that time. As time is of the essence, we urgently request your evaluation and action on this technical point which will enable the Planning Board to take action at their next meeting. Thanking you, in advance, for your courtesy and consideration in this matter, I am, Respectfully, s/ C. R. HUTCHINSON 2514 19th Ave. N.W. Rochester, Minnesota." Mr. C. R. Hutchinson was also present and he understood that tfie plat was to be presented for approval at this meeting and would like to have the same approved as soon as possible so that he could continue building. Mayor Smekta was to meet with the Park Board to see if they were interes ed in the area set aside for parks and-if.so they were to submit their request to the Council as soon as possible. ; A letter from the Board of Park Commissioners requesting permission to enter into 0 contract with The Allen Truck & Implement Company of Rochester for 1-330 I. U. Tractor, priced ' Record of Official Proceedings of the Common Council of the City of Rochester, Minn., April 21, 1958 N at $2,095.00 was read. Upon motion by Hanlon, second by Tingley, the same was referred to the Internal Affairs Committee. A letter from the Downtown Retail Merchants Association that they did not feel that the proposed community television antenna system would be in the best interests of the City of Rochester was read. Upon motion by Hanlon, second by Haas, the letter was ordered filed. The applications of Walter Klee and J. Archie Lawler for the position of City Electrical Inspector were each read. A letter from Local Union #949, International Brotherhood of Electrical Workers AFL-CIO introducing the reappointment of Mr. Paul Plantz as City Electrical Inspector was also read. A letter signed by Electrical Contractors of the City of Rochester request:1.P. ti-tat the Council reappoint Mr. Paul Plantz to the position of City Electrical Inspector was read. Upon motion by Hanlon, second by Haas, the same were ordered placed on file. A plat of Schartau's Replat was presented and upon motion by Tingley, second by Wilk us the plat was referred to the Planning and Zoning Commission. The following resolution adopted by the Sinking Fund Commission was read and upon motion by Morris, second by Tingley, the action of the Sinking Fund Commission was approved: "Be it resolved by the Commissioners of the Sinking Fund of the City of Rochester, Minnesota: That the sum of $101,550.76 be and the said sum is hereby appropriated from the Sinking Fund of the City of Rochester,' Minnesota, and ordered paid to the First National Bank of Rochester, Minnesota, for the purchase of $100,000.00 2 5/8% U. S. Treasury Notes maturing February 15, 1963 (.$100,000.00; Premium - $1,500.00 and interest $50.76). Be it further resolved: That the said $100,000.00 2 5/8% U. S. Treasury Notes maturing February 15, 1963 be placed in the following Sinking Funds: Sinking Fund for Employee's Pensions . $25,000.00. Sinking Fund for Electric Dept. Depr. Reserve 50,000.00. Sinking Fund for Water Dept. Depr. Reserve 10,000.00 Sinking Fund for Steam Dept. Depr. Reserve 15,000.:00 $100,000.00 Passed and adopted by the Commissioners of the Sinking Fund of the City of Rochester, Minnesota, -at a meeting thereof held this 21st day of April, 1958." A summons and complaint of Louise Shortall as trustee for next of kin of Linda Louise Shortall, decedent, vs. City of Rochester in the amount of. $10,000.00 was read. Upon motion by Tingley, second by Haas, the same was referred to the City Attorney. The following.recommendation of the Public Works Committee was read: "We recommend that job classification list recommended by the City Engineer on April 7, 1958 for the Dumping Grounds Par king Lots Sewage Treatment Plant Street & Alley Maintenance Crew and City Engineer's Office be approved. We also recommend that the app'oin'tments of individuals to various positions at the ' Dumping Grounds Parking Lots Sewage Treatment Plant and City Engineer's Office submitted by the City Engineer on April 11, 1958 be approved". A motion was made by Haas, second by Tingley, that the recommendation be accepted. The following recommendation from the Public Works Committee was read and upon motion by Tingley, second by Haas, the recommendation was approved: 1 1 1 • 1 0 29- Record of Official Proceedings of the Common Council: of the City of Rochester, Minn.,. April 21, 1958 t OSWALD PUBLISHING DO., NEW ULM, MINN. 5195 "We, the undersigned, recommend that the firm of Toltz, King, Duval, Anderson & Associates be -.,,engaged to make a study and report on the disposal of surface drainage from the Country Club Manor area without delay. We further recommend that this project be initiated as a local improvement project under State Statute Chapter 429.11, and that upon approval of their report by, the Council; the firm of Toltz, King, Duval,. Anderson & Associates L� be engaged to complete the construction plans and specifications". CS,? The recommendation of the Public Works Committee that the City advertise for bids for C� the sale of the Gust Bottke house at 850 7th Street Northeast and the George A. Greenwaldt house at 902 7th Street Northeast was read. Upon motion by Haas,' second. by Wilkus, the recommendation was accepted and the City Attorney was instructed to prepare a resolution ordering bids for the • removal of the said houses, bids to be received four weeks from tonight, May 19th, 1958. A recommendation from the City Security Committee stating that after examination of the business operations and the relative sales of beer and groceries and recommending that the license for "on sale" 3.2 beer, non -intoxicating malt liquors, be granted to Mrs. A. S. Bourassa at 513 2nd Street Northwest and to Bernard Siskoff at 1021 4th Street Southeast was read. Upon motion by Wilkus, second by Morris, the recommendation was approved and the licenses were granted. The recommendation of the Board of Zoning stating the petition presented by St. Francis Church petitioning the Common Council to grant a variance in the terms of Section 7 (d) of the Zoning Ordinance to permit a side yard on the east side of the parish house of fifteen (15) feet instead of twenty-five (25) feet presently required was considered by the Board of Zoning at a meeting held April 17th, 1958 was read and that the said Board recommended approval of the petition Upon motion by Haas, second by Wilkus, the recommendation was accepted and a hearing was set for May 5th, 1958 at 7:30 P. M. The recommendation of the Board of Zoning that they had considered the three recommend- ations from the -City Planning and Zoning Commission on uniform building setback lines of twenty- five (25) feet in Northern Heights Addition, Country Club Manor 2nd Addition and Northgate 2nd Addition and recommending their approval was read. Upon by motion Tingley, second by McGuckin, the recommendation was approved and a hearing was set for May 5th, 1958 at 7:30 P. M. A letter from C.-A. Armstrong stating that he had reviewed the proposed plat of • Edgewood Addition, that it conformed with the requirements of Ordinance 704 with the exception of width on part of 19th Street Northeast and that it had been previously agreed that the City will acquire by condemnation, the additional width necessary to make this 66' width was read. A motion was made by Haas, second by Hanlon, that the City Attorney be instructed to prepare a resolution approving the plat. A recommendation from the City Security Committee that Paul Plantz be reappointed as City Electrical Inspector for the official year 1958 - 1959 was read. A motion was then made by Alderman Morris that Mr. Paul Plantz be appointed as City Electrical Inspector for the official year 1958 - 1959. Alderman Hanlon seconded the motion. The application of Lysne Construction Company for permission to move a house from 904 7th Street Northeast to Golden Hill Addition was real Upon motion by Haas, second by Morris, permission was granted, the moving of the building to be done under the supverision of the Chief � I Record of Official Proceedings of the Common Council of the City of Rochester, Minn., April 21, 1958. • of Police and the Building Inspector. The application of Carlisle G. Fraser for a license to connect sewers and drains was read. Upon motion by Tingley, second by Wilkus, the license was granted. The application of Mrs. Lucille Christensen for a license to sell 3.2 non -intoxicating malt liquor "off sale" was read. Upon motion by Morris, second by Wilkus, the license was granted. The application of Rochester Baseball Association for a license to sell 3.2 non -intoxi- cating malt liquor "on sale" was read. Upon motion by Hanlon, second by Morris, the license was granted. for a license to sell cigarettes The.applications/of Mrs. Lucille Christensen, A. M. Christopherson, Crenlo, Inc., Coop Oil Employees Club (2), Universal Motors, Inc., Chateau Theatre and Rochester Baseball Association were each read. Upon motion by Tingley, second by Morris, the licenses were granted. The applications of Rochester Baseball Association, Mrs. Lucille Christensen, Jule E. Benke, Coop Oil Employees Club (2) f or_a license to sell soft drinks were each read. Upon motion by Haas, second by Wilkus, the licenses were granted. The application of Harold L. Riemann and Alvern Grandy for a Journeyman Plumber's License were each read and upon motion by Tingley, second by Wilkus, the licenses were granted. The application of Steve Davis for a Journeyman Hot Water and Steam Fitter's license was read and upon motion by Morris, second by Hass, the license was granted. The official bond of Ross Browning in the amount of $50,000.00 with the Western Surety Company as surety was read and upon motion by Tingley, second by McGuckin, the bond was approved, the surety thereon accepted and the same was ordered placed on file. The license bond of Carlisle G. Fraser, Inc. in the amount of $1,000.00 with the Federal Insurance Company as surety was read. Upon motion by Tingley, second by McGuckin, the surety thereon was accepted, the bond approved and the same was ordered placed on file. The annual report of the Rochester Bus Lines, Inc. for the year ending December 3t, 1957 was presented. Upon motion by Morris, second by Tingley, the same was ordered filed. The reports of the Clerk of Municipal Court for the week ending April 11, 1958 showing total criminal fines and costs collected and civil fees received in the amount of $1,947.75 and total remitted to the City Treasurer $1,044.15; for the week ending April 18, 1958 showing total criminal fines and costs collected and civil fees received in the amount of $2,081.05 and total remitted to the City Treasurer $728.25 were each read and the same were ordered placed on file. The following resolutions were each introduced and read and President Kamm declared the same duly passed and adopted: Resolution determining adequacy of improvement petition, receiving preliminary report, ordering a public hearing and directing preparation of plans and specifications in respect to the following improvement(s): Construction of a curb and gutter on 72 Avenue Northeast and on Northwood Drive in Northwood Addition. Upon motion by Haas, second by Hanlon, resolution adopted. Resolution determining adequacy of improvement petition, receiving preliminary report, ordering a public hearing and directing preparation of plans and specificiations in respect to 1 • 1 1 • I- the following improvement(s): Construction of a curb and gutter on both sides of 12th Avenue 0 1 • 1 1 • 1 Record of Official Proceedings of the Common Council of the City of -Rochester, Minn., April 211, 1958 OSWALD PUBLISHING CO.• NEW ULM• MINN. 5195 Southeast from the North line of South Home Addition to 8� Street Southeast. Upon motion by Hanlon, second by McGuckin, resolution adopted. Resolution ordering a hearing on the proposed supplemental assessment to correct the omission in the cost of grading and surfacing on 6th Street Southwest, Folwell Lane and Folwell C Court in Folwell Heights Addition. Upon motion by McGuckin, second by Morris, resolution adopted. Resolution approving plans and specifications for the improvement of Trunk Highway No. 7 renumbered as Trunk Highway No. 14 within the limits of the City of Rochester. Upon motion Morris, second by Tingley, resolution adopted.. Resolution providing no encroachments to exist upon the right-of-way of Trunk Highway Number 7 renumbered as Trunk Highway Number 14. Upon motion by Tingley, second by Wilkus, resolution adopted. Resolution accepting the plat to be known and designated as Edgewood Addition. Upon motion by Wilkus, second by Haas, resolution adopted. Resolution appropriating $7,354.25 from the P. I. R. Fund and ordering payment made to General Fund of the City of Rochester, Minnesota. Upon motion by Haas, second by Hanlon, resolution adopted. Resolution appropriating $554.60 from the General Fund, $2.70 from the S &.A Fund, $1,298.52 from the Sewer Fund, $43.88 from the Fire Protection Fund, $224.58 from the Police Protection Fund and $6,000/17 from the Lighting Fund and ordering payment made to N. W. Bell Telephone Company, $385.50 and City, of Rochester, P. U., $7,739.45. Upon motion by Hanlon, second by McGuckin, resolution adopted. Resolution appropriating $2,052.46 from the General Fund and ordering payment made to William E. Clark, Rochester General Agency, $225.00; Standard Oil Company, $996.96; Kries Nielson, $330.50 and Charter Commission of Rochester, $500.00. Upon motion by McGuckin, second by Morris, resolution adopted. Resolution appropriating $247.67 from the General Fund and ordering payment made to Herbert G. Knopp Agency. Upon motion by Morris, second by Tingley, resolution adopted. Resolution appropriating $1,219.48 from the following funds: General $251,21; S & A $636.15; Sewer $252.22 and Police Protection $79.90 and ordering payment made to Quality Printers & Stationers, Inc, $272.05, The Kruse Company, $311.28, Public Works Equipment Company, $636.15. Upon motion by Tingley, second by Wilkus, resolution adopted. Resolution appropriating $205.60 from the Street & Alley Fund and $58.76 from the Sewer Fund and ordering payment made to L. N. Sickels Company. Upon motion by Wilkus, second by Haas, resolution adopted. Alderman Tingley introduced the following resolution which was read and upon motion by Haas, second by Wilkus, the resolution was adopted: "BE IT RESOLVED by the Common Council of the City of Rochester that official recognition is hereby given to the outstanding public service rendered to the people of the City of Rochester by Adolph M. Bach, as Alderman at Large from April, 1952 to(December, 1957 and as Mayor of the City of Rochester from December, 1957 to April, 1958; to Raymond Schroeder as Alderman from the First Ward from'April, 1952 to December, • d' O � .. Record of Official Proceedings of the Common Council of. the City of Rochester, Minn., April 21, 1958 1957 and as Alderman at Large from December, 1957 to April, 1958; to Herman J. Briese as Alderman of the Third Ward from July.,. 1957 to April, 1958; and to Jesse H. DeWitz as Alderman from the Second Ward from September, 1957 to April, 1958. • Not only is it well known to those Aldermen now on the Council who had the honor and pleasure of serving with Mr. Bach, Mr. Schroeder, Mr. Briese and Mr. DeWitz, but the newly elected members of this Council are now also fully aware of the fidelity and selflessness with which these men served the City. Mr. Bach and Mr. Schroeder served on the Common Council with distrinction during a period when the rate of growth of the City was abnormally and suddenly increased and were instrumental in formulating and making decisions which chartered a visionary but stable course for city government. The present members of the Common Council are beneficiaries of the many excellent policies and programs instituted by Mr. Bach and Mr.. Schroeder in conjunction with the rest of the Council. Mr. Bach deserves special recognition for his service on the Airport Commission which has steadfastly promoted and developed the new Rochester Municipal Airport now under construction. Mr. Schroeder deserves special recognition for his long -service on the Street and Alley and Sewer Committees which carried the initial burdens in establishing policies and programs for the expansion and growth of the City. On the untimely and unfortunate death of Mayor Claude H. McQuillan, Mr. Bach was honored by being elected by his fellowcouncilmen to the position of Mayor of the City of Rochester and Mr. Schroeder was similarly honored by being elected to the position of Alderman at Large. Mr. Briese and Mr. DeWitz graciously accepted appointments by the Common Council to fill vacancies created by the resignation of Alderman Whiting and the untimely and unfortunate death of Alderman Moody. During their tenure in office they have diligently -and unselfishly devoted a large part of their time to the problems and affairs of the City and deserve the gratitude and respect of all the citizens of Rochester. The service of these four men on the Common Council and the service of Mr. Bach as Mayor has been a credit to this City and the progress of the City and the stature of city government has thereby been greatly enhanced. This Common Council is honored to express by means of this resolution the respect and gratitude of the Council and the people of the City of Rochester for these.worthy public servants. Be it further resolved that a copy of this resolution be spread on the minutes of this meeting and that a.copy be sent to Mr. Bach, Mr. Schroeder, Mr. Briese and Mr. DeWitz." The following claims were each read and upon motion by Morris, second by Tingley, the same were approved and the Mayor and City Clerk were authorized and directed to draw warrants upon the City Treasurer and make payments accordingly: From the General Fund: Cooper's Radio and T. V. Service, $83.45; Eco, Inc., $40.68; Socony Mobil Oil Company, $146.79; Cleo A. Jordan, $82.35; Sinclair Refining Company, $16.50; C. A, Armstong, $17.00; Borchert Ingersoll, Inc., $22.80; Public Administration Service, $8.20; Clerk of Municipal Court, $50.00; Whiting, Press, Inc., $4.45; Mosing Engraving Service, $12.00; Harley Davis, $4.00; Cooperative Oil Company, $33.25; and Peoples Natural Gas Company, $18.31. From the Street & Alley Fund: Peoples Natural Gas Company, $96.42; Cooperative Oil Co., $2.86; Herbert G. Knopp Agency, $163.48; Scharf Auto Supply, $35.98 and Scotty's Shell Service, $6.40; From the Fire Protection Fund: Pruett's Launderers, $48.92; Bud & Ed's Mobil, $5.00; Fire & Safety, Inc., $2.95; C. W. Alexander, $14.28; Scharf Auto Supply, $27.04; Monte's, $3.00. From the Police Protection Fund: Scharf Auto Supply, $16.45; Scotty's Shell Service, $50.74; Carl Entemann & Sons $139.60; T. 0. Wellner, M.D., $127.50; Fire & Safety, Inc., $5.90; Stark Radio Supply, $16.47; Andrew Corporation, $11.29; Olmsted County Businessmen's Association, $1.50; 0 & 0 Sporting Goods, $53.02 and Monte's, $21.96.. From the Sewer Fund: Wallace & Tiernan$ Inc., $29.23; Peoples Natural Gas Company, 1 1 • $22.16; Witte Transportation Company, $4.30; Scharf Auto Supply, $1.13; and Monte's $4.55. 9 f 9_ Record of Official Proceedings� of the Common Council ea1 of the City of Rochester, Minn.,: April 21, 1958 OSWALO PUBLISHING CO.. NEW ULM, MINN. 5195 I From the Parking Meter Fund: Williams Printing Company, $12.50. From the Park Improvement Fund: Cal Smith .100.00. A resolution adopted by the Public Utility Board of the City of Rochester setting forth 1_1' the salaries and jobs in the Utility Department for the year beginning April 1, 1958 was read and upon motion by Tingley, second by Haas, the same was referred to the Council as a Committee B C' of the whole. Upon motion by Tingley, second by Wilkus and upon roll call and all voting favor there- of and the rules were suspended and 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 of buildings on lots, and the density of population within the City of Rochester, Minnesota, all in accordance with a comprehensive plan" (Original Plat-E. 83/6 feet of the North 45 2/7 feet of Lot 73, Block 3; Lots 10, 11, 12, 13, 14, 15, 16, 17, 18 and 19, Block 9 Sunset Terrace Addition to a Multiple Dwelling. District; and Lot 6, Block 25 Northern Addition to a Commercial District) was given its third and final reading. A motion was then made by Tingley, that the said ordinance be adopted as read. Alderman McGuckin seconded the motion and all voted in favor thereof, and President Kamm declared the said ordinance duly passed and adopted. An "Ordinance granting to Rochester Video, Inc. a non-exclusive franchise to erect, maintain and operate transmission cables and distribution facilities along the streets of the City of Rochester for the purpose of transmitting, distributing and selling television impulses and television energy to the people of the City of Rochester, and prescribing the terms and conditions of such franchise" was then discussed. Mr. Plunkett, Attorney representing Rochester J Video, Inc. was present and urged that the Council give this ordinance favorable action tonight if possible. At the previous meeting the Council had heard arguments that this ordinance did not provide assurances as to the present financial condition of the Grantee. A motion was then made by Alderman Haas that Section 14 of the proposed ordinance be amended so as to read in its entirety as follows: Section 14. This ordinance and the franchise granted hereby shall take effect and be in force 30 days after the date of its last publication provided the Grantee files with the City Clerk within 15 days after its last publication its written acceptance of the grant of franchise and files also with the City Clerk a financial statement reflecting paid in capital in the sum of at least $ Alderman McGuckin seconded the motion. Alderman Hanlon then moved that the motion made by Alderman Haas be amended to include a specific figure of $100,000.00. Alderman Wilkus seconded the motion and all voted in favor thereof, except Aldermen Tingley and McGuckin, who voted "no". President Kamm then called for a vote on the motion by Haas, second by McGuckin, amended to include the specific figure of $100,000.00 and all voting in favor thereof, except Alderman Tingely, who voted "no", President Kamm declared the motion carried and Section 14 amended. V Mr. John JdeJ Pemberton, Attorney for KROC-TV was present and stated that his clients a Record of Official Proceengs of the Common Council of the City of Rochester,'Minn., April 21, 1958 a DBWALD PIJBLIB HIND CD., NLW IILM, MIN N. 91'95 ' _i would like to have the Council consider requesting the Grantee to provide a minimum number of channels available to customers at any one time and that he felt there shotild be added restrictions against the use of the community system for piping of TV programs. Radiation interference was also again discussed. Mr. Plunket stated that this community system would have little effect on the viewing of local station program and he felt citizens were C' entitled to the best available communications and also noted that the system added another industry Kf '' and payroll to Rochester as they would employ approximately 20 people. Mr. William•Hedley, of Spencer Kennedy Laboratories of Boston, producers of community antenna systems, was also present and stated that there would be no radiation interference beyond the amount permitted by the • Federal Communications Commission and no problem on that score would arise, and he further stated that system operators would police radiation constantly. Alderman Wilkus then moved that Section 9 of the proposed ordinance granting a franchise to Rochester Video, Inc. to erect and maintain a community TV antenna system on the streets of the City of Rochester be amended by deleting therefrom. in.'_its•'ent.itet3f. Alternate II of the Rate Schedule and deleting the designation of "Alternate I" from the first rate schedule so that the said Section 9 shall contain the initial paragraph and the rate schedule formerly designated as "Alternate I".• Alderman Haas seconded the motion and all voting in favor thereof, except Alderman Tingley and McGuckin, who voted "no", President Kamm declared the motion carried and Section 9 amended. President Kamm then called for the third reading of the said Ordinance and the City Attorney read same. A motion was made by Alderman Tingley, that the Ordinance be taken under further advise- ment until the meeting next Monday, April 28th, •1958. Alderman McGuckin seconded the motion and Alderman Haas, Hanlon, Morris and Wilkus voting "no" and Alderman McGuckin and Alderman Tingley and President Kamm voting "aye", President Kamm declared the motion lost. Mr. John deJ Pemberton again recommended that the Council consider adding a provision requiring Rochester Video, Inc. to transmit programs received in their entirety without interruption. i After further discussion a motion was made by Alderman Haas that Section 7 of the proposed ordinance be amended so as to read in its entirety as follows: Section 7. The Grantee shall provide a • minimum of four (4) channels available to its customers at any one time, provided satisfactory reception of a minimum of four channels is available in the area, and programs broadcasted on the channels made available shall be transmitted in their entirety without interruption, except for causes beyond the control of the Grantee. By the acceptance of this franchise the Grantee agrees to use its facilities for the purpose of distributing television signals at broadcast frequencies, such signals originating from off the air pick-upLof regularly licensed television broadcasting stations. Alderman Wilkus seconded the motion and upon roll call and all voting in favor thereof, except President Kamm and Alderman Tingley, who voted "no", President Kamm declared the motion carried and Section 7 amended. A motion was then made by Hanlon, second by Tingley that this Ordinance be tabled for one week, until April 28th, 1958. Upon roll call and Aldermen Haas, Hanlon, Morris and Wilkus • Record of. Official /Proceedings/ of : the Common Council : Sof.the..City.of Rochester, Minn:, April 21, 1958 OSWALD PUBLISHING CO.. NEW ULM. MINN. 5195 • 1 1 • 1 voting "no" and Alderman McGuckin and Tingley and President Kamm voting "aye", President Kamm declared the motion lost. The ordinance was then given a final reading, including all amendments. A motion was then made by Alderman Hanlon, that the Ordinance by adopted as read. Alderman Wilkus seconded the motion and upon roll call and Aldermen Haas, Hanlon, McGuckin, Morris and Wilkus voting in favor thereof and Aldermen Tingley and President Kamm voting "no", President Kamm declared the said ordinance duly passed and adopted. The following letter from Daniel M. Robbins and Associates was read:'---- "The Common Council City of Rochester Elfreda Reiter, City Clerk RE: St. Francis of Assisi Church Rochester, Minnesota Gentlemen: Enclosed are engineering drawings describing the proposed modifications to the Public Sanitary Sewer which serves Lots 5 and 6, Block 2, E. A. Bucks Addition in the City --,of Rochester, Minnesota. These drawings have been reviewed and approved by the City of Rochester, Engineering Department. It is now requested that an easement be granted the Owner to Construct a building across this sewer and to make the modifications to the sewer main as described and shown in the Engineering Drawings. Very truly yours, s/DANIEL M. ROBBINS Daniel M. Robbins & Associates Architects" Mr. C. C. Pagenhart and Mr. Daniel Robbins were each heard on the matter. Mr. C. A. Armstrong, City Engineer, recommended that they be given permission to build across this sewer, he stated the City should be given the right to enter on this property and also the clay pipe should be replaced with iron pipe and same should be done in accordance with plans and specifications. R. V. Ehrick, City Attorney, stated he thought this could be done by written resolution of the Common Council setting forth the terms and conditions and showing the respective responsibilities in connection with the sewer easement and have the said resolution filed with the.Register of Deeds. A motion was then made by Alderman Tingley, that the City Attorney be instructed to prepare a resolution grainting permission to do this work under the supervision of the City Engineer. Alderman Wilkus seconded the motion and all voted in favor thereof. Upon motion by McGuckin, second by Tingley, the Council approved the establishing of a Traffic and Parking Committee by the Mayor. All voted in favor thereof. The petition signed by Andrew L. Koehnen, Elizabeth A. Koehnen, Stephen B. Finn and May Finn for the annexation of the following described tract of land was read and upon motion by Haas, second by Wilkus, the petition was referred to the Planning and Zoning Commission: "Commencing at a point on the North line of the Northwest Quarter (NI4k) of Section Three (3), Township One Hundred Six (106), Range Fourteen (14), Seventy-one (71) Rods, Two and 79/100 (2.79) feet West of the Northeast (NE) corner of the Northwest Quarter (NWk) of Section Three (3), thence West on said North line of said Northwest Quarter (NWk) Four (4) Rods, thence South parallel with the East line of said Northwest Quarter (NWk) Twenty (20) Rods, thence East parallel to the North line of said Quarter Section Four (4) Rods, thence North parallel with the East line of said Northwest Quarter (N14'k) Twenty (20) Rods to place of beginning, less that part taken for highway purposes as shown by final certificate dated December 4, 1933 and recorded January 5, 1934 in Book B-1, page 221; and also, 0 0 6 Record of Official Proceedings of the Common Council of the City of Rochester, Minn.,. Apri 1 21, ' 1958 a The West half (Wk) of the following described tract: Commencing at a point in the North line of the Northwest Quarter (NWk) of Section Three (3) in Township One Hundred Six (106) North of Range Fourteen (14) West, a distance of Seventy-one (71)'rods, Two and 79/100 (2.79) feet West of the Northeast (NE) corner of the Northwest Quarter (NWk) of said Section Three (3), running thence West on said North line of said Northwest Quarter (NWk) a distance of Eight (8) Rods, running thence South parallel with the East line of said Northwest Quarter (NW4) a distance of Twenty (20) Rods, running thence East parallel with the North line of said Quarter Section a distance of Eight (8) Rods, running thence North parallel with the East line of the Northwest Quareter (NWk) a distance of Twenty (20) Rods to the place of beginning; subject to the easement for highway purposes as set forth in the Final Certificate recorded in the office of,the Register of Deeds in and for said County in Book B-1 of Miscellaneous Records on page 221 thereof, and subject to the Zoning Ordinance recorded in said Register's Office in Book W-1 of Miscellaneous Records on page 13 thereof; and also, The West One Hundred Thirty -Two (132) feet of Lot Seven (7), Block Two (2) Highland Addition, according to the Plat thereof on file and of record in the office of the Register of Deeds in and for the said County of Olmsted and State of Minnesota;' Upon motion by Hanlon, second by Haas, the meeting was adjourned until 7:30 P. M. April 28th, 1958. i 1 1 • F 11