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HomeMy WebLinkAbout05-02-196054 4 Record of Official Proceedings of -the Common Council of the City of Rochester, Minn., H4y 2. 1960 Minutes of a 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 May 2, 1960. President Tingley called the meeting to order at 2:00 o'clock P.-M.-the following members being present: President Tingley, Aldermen Brooks, Gifford, Morris, Stadler, Wilkus and Wilson. Upon motion by Morris, second by Brooks, the minutes of the meeting of April 18th, 1960 were approved. _ A letter from the Rochester Airport Commission requesting approval of Change Order #2, Nietz Electric Company for Field Lighting, which would increase the contract by $105.23 and Change Order #3, Nietz Electric Company for Field Lighting, which would increase the -contract by $192.54 were each read and upon motion by Brooks, second by Gifford, the same were approved. All voted in favor thereof. A recommendation of the Public Safety Committee signed by two of its members, Lawrence B. Stadler and James R. Wilson, recommending that the request of Meyer's Liquor Inc. for permission to change their location of "Off Sale" Liquor License from 413 South Broadway to 1120 7th Street Northwest (Northgate Shopping Center) be granted was read. A motion was made by Morris, second by Gifford that the recommendation be approved. Upon roll call all voted in favor thereof, except Wilkus, who voted "no". A motion was then made.by Wilkus that the Public Safety Committee and the Planning and Zoning Commission come up with a definite proposal as to Liquor Zoning as far as the licenses were concerned and due to the fact that we have come up with a sizeable increase in the population it should afford additional liquor licenses and consideration should be given to transfer of Liquor licenses. (That is should a license be moved with the discretion of the owner or should it revert back to the City?) Stadler seconded the motion.and all voted in favor thereof. A letter from Frank W. Everett, Fire Chief, recommending that two air conditioners for the Fire Department be included in bids for air conditioners for the City Hall and that there is money in the capital outlay fund in the Fire Department was read. Upon motion -by Brooks, second by Wilkus, the request was referred to the Public Safety Committee. All voted in favor thereof. The following recommendation from the Public Works Committee was then -read: "The proposed layout of the Webb Oil Company driveways and service station on Lots 30 and 31, Block 20 Moe and Olds Addition was referred to this committee on March 21 for recommendation. We recommend that the property be sold to Webb Oil Company at the previously stated price of $4000 and that it be stipulated that no structure or sign be placed on lots 30 and 31 that will obstruct the visibility for vehicular traffic between 3rd and 3rd Street Southeast. . We further recommend that the Webb Oil Company be permitted 2 driveways onto 3rd Avenue Southeast and one onto 3rd Street Southeast in accordance with attached layout as revised and noted by the City Engineer. All costs of driveways construction and street work incidental thereto be paid for by the Webb Oil Company." Mr. Iverson, Attorney representing Webb Oil Company, was present and stated that none of the signs would be less than seven feet from the ground and this could be written into the deed if so desired. A motion was then made by Brooks, second by Morris, that the recommendation of the Public Works Committee be approved.and the City Attorney was instructed to prepare the necessary deed. All voted in favor thereof. • 1 1 • Record of Official Proceedings of the. Common Council of the City of Rochester, Minn:, .- . may 2, 1960, 1 • 1 1 • 1 A petition for the change ,of zoning submitted by Joseph P. St. George of Outlots 8, Cumming's Addition (W. 58' E. 130' N. 140') 810 West Center from a residential to a multiple dwelling) zone was read.. Upon motion by Morris, second by Stadler, the petition was referred to the Planning and Zoning Commission. All voted in favor thereof. The applications of Herbert A. Miller and Donald Mulholland for the position as Assistant Poundmaster was read. This job was not established in an ordinance, but R. V. Ehrick, City Attorney, stated that it had not been included in the dog ordinance, but he felt that the Council could hire additional help as they saw fit and this job would not have to be established by ordinance. A motion) was then made by Stadler, second by Wilson, that these applications be referred to the Public Safety Committee pending establishment of the job. All voted in favor thereof. A.'petition with 35 signatures and,2 postcards favoring a 12-month ban for dogs, one letter opposing ban on cats together with a letter from Dr. Pugh opposing the ban were each read and upon motion by Morris, second by Wilson, the same were referred to the Public Safety Committee. All voted) in favor thereof. A letter from Richard Rosaaen stating that the City was going to take more of his property at 839 5th Street Northwest and would like to havesomething done as soon as possible as he would have to make arrangements for other property was read. Upon motion by Morris, second by Wilson, the letter was referred to the Public Works Committee: All voted in favor thereof. The following letter from the Board of Park Commissioners was read: "Enclosed please find claim in the amount of $8,449.80 for the assessments of Lot 7, Block 3, Northgate 2nd Addition. This -is a piece of property that the Common Council took an option on, on August 4;Z1958 and paid $5,000.00 for prior to January 29, 1960. On Feb. 17, 1960 the Park Board approved the acceptance of the responsibility of developing and maintaining this tract of land for a park, butthere was no money budgeted in the park funds for the assessments against this property. Consequently, we ask that you provide monies from some --other fund for this expense. This question of assessments for development of streets and other facilities along park -property is going to come up many times. _We, the Park Board, feel that these small parks are definitely an asset to the immediate neighborhood. Consequently,,we feel and strongly urge, that the costs of -installing streets and other facilities along these areas.be prorated against the neighborhood. If that can be done there will not be these large bills against the general tax levy, and we feel it would be just that way. In closing we again respectfully request that you find monies in some of the funds under your control to take care of the present assessment." Upon motion by Morris, second by Stadler the letter was referred to the Finance Ways and Means Committee. All voted in favor thereof. A notice of hearing from the Railroad and Warehouse Commission in the matter of the petition of the Chicago and Northwestern Railway for authority to abandon and remove I.C.C. tracks Nos. 288 and 288-A and part of No. 287 located within its station grounds at Rochester, Minnesota was read and President Tingley ordred the same placed on file. A letter from C. A. Armstrong, City Engineer, recommending the appointment of Darel D. Burnsl as Assistant Engineer to be assigned to Administration and Traffic Engineering until such time as traffic duties may demand his full time was read. He further recommended that Mr. Burns begin, at 90%. of a base salary of $7,000.00 annually, and that he be authorized to attend the Traffic Engine ing short course at Northwestern University next winter with expenses paid. Upon motion by Gifford, 0 second by Wilson, the recommendation was approved and the appointment of Darel D. Burns confirmedt� 546 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., May 2, ' 1960 All voted in favor thereof except Alderman Tingley who voted "no". The following resolution passed and adopted by the Public Utility Board was read and upon motion by Wilson, second by Gifford the same was approved. All voted in favor thereof:. "WHEREAS, Mr. Dwaine Glasenapp, a former. employee of the City Electric Department, fractured his wrist in February of 1958 while working and his injury has subsequently worsened necessitating surgery which was performed A•pri1.21, 1960, and It is the opinion`of the City Attorney's office that said Dwaine Glasenapp be paid the lump sum •of 'TWO THOUSAND FOUR HUNDRED _SEVENTY FIVE DOLLARS ($2,475.00) on the basis of twenty-five percent permanent partial disability or 55_weeks at the rate of $45.00 per week under Workman's Compensation 'laws, THEREFORE, be it and it is hereby resolved by the Public Utility Board of the City of Rochester, Minnesota that the Common Council of the said City be and is hereby requested to authorize the said Board to make the payment as herein specified." The following resolution passed and adopted by the Public Utility Board was read and upon motion by Gifford, second by Brooks, the same was approved. All voted in favor thereof: "WHEREAS, the Peoples Cooperative Power, Association owns approximately four and one- half (4) miles of electric distribution line in the vicinity of the Markay, extending North from the Markay and South to 7th Street and West on 7th Street and West from the Markay to Whiting's Green House and the said Peoples Cooperative Power Association is serving approximately 35 customers on said line, and WHEREAS, the major portion of this area has been annexed to the City of Rochester and it is the opinion of the Public Utility.Board thatthe-best interest of the City would be served by the purchase of this line, and WHEREAS, the Peoples Cooperative Power Association has made an offer, which the Public Utility Board considers fair and reasonable, to sell to the Public Utility Department this line; original cost $19,475.77 less depreciation in the amount of $7,918.67 with a net cost to the City in the amount of ELEVEN THOUSDAND FIVE HUNDRED FIFTY SEVEN DOLLARS AND TEN CENTS ($11,557.10), THEREFORE, be it and it is hereby resolved by the Public Utility Board that the Common Council of the City of Rochester be and is hereby requested to authorize the said Board to purchase the described lines as herein designated." The following resolution passed and adopted by the Public Utility Board was read and upon motion by Morris, second by Wilson, the same was approved. All voted in favor thereof: "Be it and it is hereby resolved by the Public Utility Board of the City of Rochester, Minnesota that the amount of $202,006.70 be and is hereby appropriated to the First National Bank. of Rochester in payment of. - - $150,000.00 U. S. Treasury Notes maturing August 1, 1961 (47.) Principal $149,859.38) Accrued interest $1,500.00 $ 50,000.00 U. S. Treasury Notes maturing May 15th, 1963 (47.) Principal $49,718.75 Accrued interest $928.57, and Be it and it is hereby furber resolved that the said bonds be purchased for the following INVESTED FUNDS ACCOUNTS: Electric Department Depreciation Reserve $ 150,000.00 Steam Department Depreciation Reserve 30,000.00 Employee's•Pensions 20,000.00." A letter from the Chamber of Commerce requesting permission to use the street on 1st Avenue Southwest between 2nd and 3rd Streets for the annual showing of "Made in Rochester" exhibit to be held September 14 and 15th sponsored by the industrial and community relations committees of the Chamber of Commerce was read. Upon motion by Wilkus, second by Gifford, the request was granted said exhibit to be under the sipervision of the Chief of Police. All voted in favor thereof. The final plats of Miner's Fifth Addition, Rubow's Sunrise Addition, Leitzen's 5th Addition, and Ahrens-Dalsbo Addition were each presented and upon motion by Wi lkus,•second by Brooks, -the plats were referred to the Planning and Zoning Commission. All voted in favor thereof. A letter from C. A. Armstrong, City Engineer, recommending appointment of Roger D. Bennett' as Maintenance Man at the Sewage Treatment plant, commencing May 2, 1960 at 907. of the base rate of $4,326.00 annually was reid.' Upon motion by Gifford, second by Wilkus, the appointment -was approved. 1 • • 1 0 Record of Official Proceedings of the Common Council of the City. of Rochester,. Minn., May , 2, 1960. 57 sue- C�- • J • 1 :1 All voted in favor thereof. A letter from the Rochester Airport Commission requesting the approval of Change Order #1 (Revised) for Kirckof Plumbing and Heating Company to furnish and install fifty three (53') addition of six inch (611) water main from a point fifty feet (501) from the "B" Hangar to Gopher's lease line separating areas A and B, this to be an increase of $265.00 was read. Upon motion by,Stadler, secon by Wilson, the recommendation was approved. All voted in favor thereof. Itl::wa§onoted that there are manyitems that were not listed on the agenda which had been re- ceived in the last day or two. A motion was made by Wilkus, second by Morris, that the items be placed on the agenda. All voted in favor thereof. A letter from the Rochester Airport Commission requesting approval of Change Order #4, Kirc Plumbing and Heating Company to install kitchen exhaust ductwork from hoods and dishwasher in the Terminal Building, which would be an increase of $1,619.00 was read. Mr. Fred Schuster was present and explained that this work had originally been eliminated from the plans as it was not eligible for State and Federal Aid and it was expected that the restaurant might be under lease by the time it was necessary to do this work, but the restaurant has not been leased and it is necessary to install the duct work now in order to eliminate tearing out the ceiling at a later date to make the installation. Upon motion by Stadler, second by Gifford, all voted in favor thereof and the recomm ation was approved. A letter from the Rochester Airport Commission submitting a bill presented by the Airport Company in the amount of $7,600.29 covering materials, supplies, wages and equipment costs covering work at the New Municipal Airport which did -not come under any specific contract was read. Upon motion by Gifford, second by Wilkus, the recommendation was approved. All voted in favor thereof. A letter from the I. B. M. Pistol and Rifle Club requesting permission to conduct an outdoor pistol_league at the Police Pistol Range on North Broadway for a period of ten weeks starting May 4, 1960 was read. Upon motion by Wilkus, second by Stadler, the same was referred to the Public Safety Committee with power to act. All voted in favor thereof. A letter from Marvin W. Price, City Assessor, requesting that the Council now pay William Slavin in'the amount of $370.24 or 100'/, of the base salary was read. Upon motion by Wilkus, second Wilson, the request was granted. All voted in favor thereof. A letter from the Rochester Building and Construction Trades Council that the delegates voted to concur in the resolution as presented to us by the Rochester Central Labor Unions was read. President Tingley ordered the same placed on file. A petition with 21 signatures protesting against the parking of school buses in the residen- tial district on 6th Avenue Southeast was read. Upon motion by Wilson, second by Morris, the petiti was referred to the Public Safety Committee. All voted in favor thereof. A'letter from Mrs. William Schultz of the Little Dutch Mill requesting.some committee in- vestigation on the amount of assessments levied against their property as they felt they were too high was read. Upon motion by Morris, second by Brooks the letter was referred to the Public Works Committee. All voted in favor thereof. !"" Mr. Willard Knapp was present and commended the Council on some of the work that had.been ..done and offered his services if there was any way that he could be of help. Record of Official Proceedings of the Common Council of the City of Rochester, Minn., Mayes,' 1-.96o Mr. Robert E. Howe was present and stated that he had just moved to Rochester and wished to make himself and his firm of architects acquainted with the Council. Upon motion by Wilkus, second by Brooks, a 15-minute recess was, declared at 3:15 P. M. The recommendation of the Finance, Ways and Means Committee recommending that the request of Mr. Jerry R. Jerabek for a loan of $4,000.00 at 4% interest per annum payable in 15 years from the Rochester Firemen's Relief Association be granted was, read. Upon motion by Wilson, second by Wiilkus, the recommendation was approved. All voted in favor thereof. The recommendation of the Finance, Ways and Means Committee recommending that the City purchase a new 6' x 4' 50 star United States National Ensingns for display from'the Municipal Buildings and a new flag of a size to be determined to be suspended in the Council Chambers on the North Wall behind the chairs of the City Clerk and Alderman at Large and further recommending that that the purchase of 360 50'star,flags displayed '.from street .lamp posts on holidays be deferred until April 1961 and that the cost estimated at $1,500.00 be included in the budget for the next fiscal year was read. Upon motion by Wilson, second by Morris, the recommendation was accepted. All voted in favor thereof. The following recommendation from -the Finance, Ways and Means Committee was read and upon motion by Brooks, second by Gifford, the recommendation was accepted and the City Attorney was in- structed to prepare the necessary resolutions: "We, the undersigned members of the Finance, Ways and Means Committee, recommend that the City of Rochester endorse the following proposed changes of Minnesota Statutes and that copies of the endorsing -resolutions be forwarded to our legislative representatives, Senor A. M. Keith and Representative Donald T. Franke; and Orville Peterson, Executive Secretary of the League of Minne- sota Municipalities: 1. An act authorizing municipalities to invest moneys in -quasi -governmental organ- izations for periods up to 18 months. These organizations include Federal Inter- mediate Credit Banks, Federal Home Loan Banks, Federal Land Banks, Federal National Mortgage Association and Bank for Cooperatives. 2. An act increasing the statutory per capita tax limitation in the same ratio as the United States Bureau of Labor Statistics Consumer Price Index changes in relation to the base year when the per capita tax limitations was established." A recommendation from the Finance, Ways and Means Committee recommending that Mr. Archie M. Ackerman, City Treasurer be authorized and directed to return to his office (Room 108) on the first floor in the City Hall as they felt it is more convenient for the his office to be on the - first floor and also that he is provided with vault facilities was read. Upon motion by Morris, sec - and by Gifford, the recommendation was approved. All voted in favor thereof. A recommendation of the Public Safety Committee that a passenger loading zone of approxi- mately 50 feet be established in front of the premises known as the Vine Funeral Home at 438 - 3rd Avenue Southwest was read and upon motion by Wilson, second by Stadler, the recommendation was approved and the City Attorney was instructed to prepare the necessary resolution. All voted in favor thereof. The recommendation of the Public Safety Committee that two delegates and,two pistol teams consisting of four men each be authorized to attend the 38th Annual Convention of the Minne- sota Police & Peace .OfficeW convention .to be held on June 19th, 20th and 21st, 1960 at Minneapolis, MinneA00Aat <Mty expense was "'read:' ~ IIp}on 'mot n' b 'Wi, ppn, second `bey $'tad�Ter ` the `recommendation • C 1 E _i U Record . of Official- Proceedings. of the Common Council`" of the City of Rochester; Minn., � -May .2,. 1960 1 • 1 C E O SWALD PUBLIBHING CO.. NEW ULM, MINN. 9181 was approved. All voted in favor thereof. The following recommendation from the Public Safety Committee was read: "At a meeting on April 25, 1960, the Public Safety,Committee discussed the requests of Myron Reeve and the Rochester Liquor Store for twelve (12) minute parking meters, at, or near, their places of business. It is the opinion of this Committee that twelve (12) minute parking meters located near the ends of each block in the downtown area would be beneficial to the public and to the downtown businesses. It is recommended that this problem be referred to the Mayor's Parking and Traffic Committee for study and that they be requested to make a recommendation to the Common Council on specific locations for twelve (12) minute meters in the downtown area." A motion was then made by Stadler, second by Wilson that the recommendation be accepted. Mr/ Robert Roessler, member of Mayor's Parking and Traffic Committee was present and stated that this problem had been considered by the said committee and they were going to make a complete review of -the whole down town area. A motion was then made by Gifford, second by Stadler to -amend the above motion to include loading zones. All voted in favor thereof. A vote was then taken on the original motion as amended and all voted in favor thereof. A A report from C. A. Armstrong, City Engineer, stating that the petition requesting the con- struction of a curb and gutter in the 700 block on 1st Avenue Southwest Lots 1 thru 7 inclusive - Block 106 - Willson's Addition and 700 Block on 1st Avenue Southwest - Lots 8 thru 14 inclusive - Block 104 - Willson's Addition had been referred to his office and that he had examined and checked same and found to be in proper form, signed by 100% in frontage of property affected by the making of the improvement which is petitioned and stating that the improvement is feasible and recommending it construction and estimating the cost, made without surveys or plans in the amount of $2,900.00 was read together with a recommendation of the Public Works Committee recomendings its construction with the cost to be assessed against Block 104, Lots 8 to 14 and vacated 7th.Street S.W. adjacent; Block 106, Lots 1 to 7 and vacated 7th Street Southwest adjacent less the 30' alley, all in Willson't Addition which was read. Upon motion by Brooks, second by Gifford, the recommendation and report were approved. All voted in favor thereof: A report of the City engineer stating that the petition requesting the extension of a water - main in 14th Avenue Southwest from 9th Street. Southwest to Trunk Highway 52-14 had been examined by him and he found 69% in frontage of property affected by the -making of the improvement which is petitioned and further stating that the improvement is feasible provided the costs are spread against the.property within the City on a current basis and against the property now outside the City on a deferred basis and estimate of cost made without surveys or plans to be $8,540.00 was read to- gether with a recommendation of the Public Works Committee recommending its construction and the cost be currently assessed against the following property: within the City limits and deferred assessments levied against property now outside the City that will subsequently be benefitted which was read. Upon motion by Brooks, second by Gifford and upon roll call all voted in favor thereof except Wilkus who refrained from voting,�the recommendation was approved. The report of the City Engineer stating -that the reconstruction and widening of paving sidewalk,-curb.and gutter on llth Avenue Southeast and-Northiast:-fxom 4th Street.Southeast to 5th Street Northeast is feasible and necessary, that it -will be, finaneed'.J.'ointly-by special assessments s v3 J„ ZMA4 :&M.� .biiS►ii/Aii�i°`'fir�►a., � 4 0 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., may 2, 1960 to the abutting property and by the 1957 Street Improvement Bond Issue and estimate of cost of $175,000.00 was read together with a recommendation of the Public Works Committee recommending ' approval of the Engineer's feasibility report which was read. Upon motion by Brooks, second by Gifford, the recommendation was approved. All voted in favor thereof. A report of the City Engineer stating that the petition requesting the construction of a sidewalk on both sides of 15th Avenue Northwest from 20th Street Northwest to 22nd Street Northwest in Elton Hills Third Addition which had been referred to him for examination had been checked by him and the petition represented 56% in frontage of property affected by the making of this improvement which is petitioned and reportinK that the said improvement is feasible and recommending its con- • struction and estimating the cost made without surveys or plans in the amount of $4,500.00 was read together with a recommendation from the Public Works Committee that the same be constructed with the cost to be assessed against the abutting property served which was read. Upon motion by Brooks,second by Gifford, the recommendation was approved. All voted in favor thereof. " The recommendation of the Public Works Committee recommending the approval of agreement with Minnesota Highway Department for installation of 170 mercury vapor' lighting units on Trunk Highway #52 and adoption of resolution authorizing its execution which was read. Upon motion by Gifford, second by Brooks, -the recommendation was approved. All voted in favor thereof. The recommendation of the Public Works Committee recommending adoption of the resolution covering maintenance agreement with Olmsted County on maintenance of County Roads within the City limits was read. Upon motion by Gifford, second by Morris, the recommendation was approved. All voted in favor thereof. The recommendation of the Public Works Committee that bids be advertised for the construct- ion of sidewalk project #3-1959 (on northerly side of llth Avenue N.W. from 16th Avenue N.W. to east line of Lot 19, Block 1 in Thomas First Addition, on May 16, 1960 was read. Upon motion by Morris, second by Gifford, the recommendation was approved. All voted in favor thereof. The recommendation of the Public Works Committee that the City advertise for bids to be received May 16, 1960 at 7:30 P. M. for the grading and surfacing of 19th Avenue Northwest from 7th Street Northwest to a point 310 feet south of center line of 14th Street Northwest was read. Upon • motion by Brooks, second by Wilson, the recommendation was approved. All voted in favor thereof. The recommendation of the Public Works Committee that bids be advertised for the following equipment (replacements in the City Engineer's Department to be received on June 6: 2 - Utility Station Wagons for construction inspectors, 1-3/4 ton pickup truck for the sewer department which was read. Upon motion by Gifford, second by Brooks, the recommendation was approved. All voted in favor thereof. The following recommendation from the Public Works Committee and the City Engineer was read and upon motion by Wilson, second by Brooks, the recommendation was approved. All voted in'favor thereof: "This committee has considered the petition protesting construction of a sidewalk on the north side of 14th Street N.W. between 8th Ave. N.W. and llth Ave. N.W. which was presented at the hearing on the above project held on March 21, 1960, and report the following: 1. The petition is signed by 8 of the 9 property owners of this frontage. 2. There appears to be no=pressing need for a sidewalk here at this time altho there is likely to be need for it within a few years. 3. The purpose of the City Engineer's Dept. and the former Public Works Recoid of Official Proceedings .of the Common Council of the City of Rochester, Minn:, May 2, 1960 Committee is proposing a sidewalk be constructed here at this time was to include its construction and the necessary tree removals in the paving project in order to (1) avoid the aggrevated problems of having to do it later after the curb and gutter had been constructed and (2) avoid criticism to the Council for requiring some people to construct sidewalks for the public use and not requiring it of others under similar circumstances. ref In consideration of this petition, we recommend that the sidewalk construction be omitted on the north side of 14th Street N.W. from 8th Ave. to llth Ave. N.W. as part of this project, with the stipulation that this does not in any way assure these owners that the sidewalk will not be constructed at any time in the future that it is deemed necessary by the City Council as provided in Section 251 of the Charter or under Local improvement procedure. The petitioners are also advised that the costs for the future grading, tree removal, and sidewalk construction will be entirely at their expense, and un- doubtedly will be greater than if done in connection with the proposed paving ,project. • We further recommend that this paving project be advertised for bids to be received on June 6, 1960." A recommendation from the Planning -and Zoning Commission that they had reviewed the prelim- inary plat of Homestead Village Addition and granting preliminary approval of same subject to the following conditions:,(1) The words "No Access" be written across the west ends of Lots 1 - 8, Block 1, Homestead Village Addition except that on.the south part of Lot 8, Block 1, one access to 15th Avenue Southeast will be permitted (2) The 20 foot drives shown on the plat are to be shown as .private drives, was read. Upon motion by Wilson, second by Morris, the recommendation was approved. A recommendation from the Planning and Zoning Commission stating -that they had reviewed the petition fora zone change on all lots as shown on the preliminary plat of Homestead Village Addition from a residential district to a multiple dwelling district and recommending that the zone change be granted as per the development plans as presented for Homestead Village Addition was read. Upon motion by Wilson, second by Stadler, the recommendation was approved and a hearing was set for'7:30 o'clock P. M. on May 25th, 1960. Mr. Robert Roessler was present and inquired if the hearing could be held earlier but was informed that the notice had to be published 20 days prior. Ali voted in favor the of recommendation. A recommendation of the City Planning and Zoning Commission stating that they had reviewed the final plat of Northwood 2nd Addition and recommending that the plat be granted final approval when the following corrections and additions had been completed: (1) The dedication should include the granting of the utility easements (2) A .small scale vicinity map should be drafted on the plat for ease of identification (3) A note on the plat or an attached agreement that the temporary easement for turn -around will be abandoned at such time as Northwood Drive is extended to the north as a public street, was read. Upon motion by Wilson, second by Brooks, the recommendation was approved. All voted in favor thereof. A recommendation of the City Planning and Zoning Commission stating that they had reviewed the final plat of Crescent Park,lst Addition and recommending that the plat be granted final approval when the following corrections and additions.have been completed was read: (1) Additional utility easements should be provided as requested by Te•lephone,Company and Electric Department(2) A title opinion shall be presented as required (3) Lot 4,.Block 3,`should be shown as a park site and included in the dedication. The Park Board has voted to accept this as a Park Site. (4) A petition should be presented by the owner requesting the establishment of a 25-ft.. minimum building setback line from • t - Record of Official Proceedings of the Common Council of the City of Rochester, Minn.,_ May 2, 1960 the front street line on all lots in Crescent Park 1st Addition except Lots 9, 10, 11, 12 and 13, Block 1 Crescent Park 1st Addition, which shall be controlled by the provisions of Ordinance No. 558. Upon motion by Wilson, second by Morris, the recommendation was accepted. President Tingley then appointed Alderman Brooks, Stadler and Wilkus to the Boa rd.of Equalization for the year 1960. Upon motion by Morris; becond by Wilson, the appointments were approved and upon roll call all voted in favor thereof except Aldermen Brooks, Stadler and Wilkus who voted "no". The -recommendation of the Public Works Committee and the City Engineer recommending approval of the proposal of E. C. Bathers and Company for engineering services on State Aid Street • #114 (5th Street Northwest Primary Street) was read. Upon motion'by Wilson, second by Morris, the (recommendation was approved. All voted in favor thereof. It was then noted that the.term of office of Emmett J. Hand as a member of the Firemen's Civil Service Commission expired in 1960. Alderman Morris recommended that Mr..Emmett J. Hand be nominated as a member of the Firemen's Civil Service Commission. A motion was then made by Wilkus, second by Stadler that the nominations be closed and that Mr. Emmett J. Hand be appointed as a member of the Firemen's Civil Service Commission his term to expire the second Monday in April, 1963. All voted in favor thereof. A letter from Mr. Donald L. Closemaking application for the approval of the final sub- division as Crescent Park and petitioning for a 25-foot minimum front set back on all lots except those on the cul de sac as recommended by the Planning Commission, was read. Upon motion by Wilkus, second by Stadler, the letter was referred to the Planning and Zoning Commission. All voted in favor thereof. The application from the Minnesota Amusement -Company for a license for the Chateau and Time Theatres was read and upon motion by Morris, second by Brooks, the licenses were granted. All voted in favor thereof. The applications of John Princiotta, William and May Lynaugh and Albert Angelici for an "Off Sale" 3.2 Beer License were each read. Upon motion by Wilson, second by Morris, the licenses were granted. All voted in favor thereof. The applications of .Cooperative Oil Employee's Club, Paul Haas, Lura Robinson, Richard Schroeder, Mayo Priebe, Jr., William & May Lynaugh, Albert Angelici and John Princiotta fora license to sell cigarettes at retail were each read and upon motion by Morris, second by Wilson, the licenses were granted. All voted in favor thereof. The applications of Lura Robinson,.David P. Shearer, William & May Lynaugh, Albert Angelici, John Princiotta, Mayo Priebe, Jr., Cooperative Oil Employee's_ Club (2) for a license to sell soft drinks were each mad and, 4i n motion by Morris, second by Brooks, the licenses were granted. The applications of H. T. Earle, Sr., C..C. Pagenhart and Leland Fay for a license to construct sidewalks, curb and gutters and driveways in the City of Rochester were each read and upon motion by Wilson, second by,Stadler, the licenses were granted. All voted in favor thereof. The application of Jerome H. Ewen for a Journeyman Electrician's license was read and Record of Official- Proceedings of the Common Council of the City of Rochester, Minn., May z, 1960 . - C o 5 e 1 1 1 • III upon motion by Wilson, second by Morris, the license was granted. All voted in favor thereof. The application of Joseph S. Sievers for a Journeyman Warm Air Heating, Ventialting and Air Conditioning Worker's license was read and upon motion by Wilson, second by Morris, the license was granted. All voted in favor thereof. The contract bonds of Rochester Sand & Gravel Company (3) in the amounts of $32,900.00, $4,400.00 and $59,084.70 with the American Casualty Company of Reading, Pennsylvania as surety; E. J. Vonch in the amount of $5,760.50 with New Amsterdam Casualty Company as surety; Northwestern Refining Company of St. Paul Park, Minnesota in the amount of $6,348.00 with the Anchor Casualty Company as surety; Carlisle G. Fraser in the amount of $6,240.50 with the Western Surety Company as surety; Littrup Nielson, Inc., in the amount of $1,440.00 with the Ohio Farmers Insurance Company as surety and Quarve & Anderson Company in the amount of $5,500.00 with Seaboard Surety Company as surety were each read and upon motion made and seconded the same were referred to the Mayor for his approval. The official bond of R. V. Ehrick in the amount of $500.00 with the St. Paul Fire & Marine Insurance Company as surety was read and upon motion by Morris, second by Gifford, the bond was approved, the surety thereon accepted and the same ordered placed on file. The report of the building inspector showing permits issued in the amount of $279.00, of the electrical inspector showing electrical permits issued in the amount of $143.25, of the plumbinE inspector showing plumbing permits issued in the amount of $75.00, of the heating inspector showing heating permits issued in the amount of $628.00 and sign permits in the amount of $2,063.53 were each read and president Tingley ordered the same placed on file. The reports of the Clerk of Municipal Court for the week ending March llth, 1960 showing total criminal fines and costs collected and civil fees received in the amount of $2,275.25 and total remitted to the City Treasurer $1,666.25 and for the week ending April 14th, 1960 showing total criminal fines and costs collected and civil fees received $1,933.60 and total remitted to the City Treasurer $1,229.00 were each read and the same having been examined by the City Attorney were ordered placed on file.' The following resolutions were each introduced and read and upon motion made and seconded and all voting in favor thereof, President Tingley declared the said resolutions 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): Extension of a watermain in 14th Avenue Southwest from 9th Street South- west to Trunk Highway 52-14. Upon motion by Brooks, second by Gifford, resolution adopted. All - voted in favor thereof. 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): Curb and gutter construction in the 700 block on 1st Avenue S.W. Lots 1 thru 7 inclusive - Block 106 - Willson's Addition and 700 Block on 1st Ave. S.W. - Lots 8 thru 0 554 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., may 2, 1960 thru 14 inclusive - Block 104 Willson's Addition. Upon motion by Gifford, second by Morris, resolu- tion adopted. All voted in favor thereof. Resolution receiving preliminary report, ordering a public hearing and directing prepara- tion of plans and specifications in respect to the following improvement(s): Reconstruction and widening of paving, sidewalk, eurb and gutter on llth Avenue Southeast and Northeast from 4th Street Southeast to 5th Street Northeast. Upon motion by Morris, second by Gifford, resolution adopted. All voted in favor thereof. Resolution determining adequacy of improveient petition, receiving preliminary report, ordering a public hearing and directing preparation of plans and specifications in respect io the • following improvement(s): Construction of a sidewalk on both sides of 15th Avenue Northwest from 20th Street Northwest to 22nd Street Northwesi4in Elton Hills Third Addition. Upon motion by Wilson, second by Wilkus, resolution adopted. All voted in favor thereof. Resolution authorizing the Mayor and City Clerk to execute an agreement with the State of Minnesota, Department of Highways for the installation of lighting units .on Trunk Highway #52 between 50 feet south of 4th Street Northwest and 1400 feet north of 37th Street Northwest. Upon motion by Wilkus, second by Wilson, resolution adopted. All voted in favor thereof. Resolution accepting the agreement with Olmsted County for 1960 maimnance of State Aid Roads within the corporate limits of the City of Rochester, Minnesota. Upon motion by Wilkus, second by Wilson and upon roll call and all voted in favor thereof, resolution adopted. Resolution approving plans and specifications and ordering bids for the making of the following improvement(s): Construction of sidewalk project #3-1959 on northerly side of.11th Avenue Northwest from 16th Avenue Northwest to east line of Lot 19, Block 1 in Thomas First Addition. Upon motion by Wilkus, second by Brooks, resolution adopted. All voted in favor thereof. Resolution approving plans and specifications and ordering bids for the making of the following improvement(s): Grading and surfacing of 19th Avenue Northwest from 7th Street Northwest to a point 310 feet south of the centerline of 14th Street Northwest. Upon motion by Brooks, second by Gifford, resolution adopted. All voted in favor thereof. Resolution authorizing the City Clerk to advertise for seale4 proposals for the furnishing of 1 3/4 ton pickup truck for use in the Sewer Department. Upon motion by Morris, second by Gifford, • resolution+ adopted. All voted in favor thereof. Resolution authorizing and directing the City Clerk to advertise for sealed bids for they furnishing of two utility station wagons for use in the City Engineer's department. Upon motion by, Brooks, second by Morris, resolution adopted. All voted in favor thereof. Resolution approving plans and specifications and ordering bids for the making of the following improvement(s): Construction of paving, sidewalk, curb and gutter on 14th Street Northwest from 3rd Avenue Northwest to llth Avenue Northwest. Upon motion by Wilkus, second by Wilson, resol- ution adopted. All voted in favor thereof. Resolution ordering a hearing on the proposed assessment for the following local improve- ments: Street Grading and Surfacing and the construction of a sanitary sewer, watermain, storm sewer, Record of:Official Proceedings of the Common Council of the City of Rochester, Minn., May • 2, 1960 F— 003 i CJ� U 1 I. • 1 O6WALD PUHLIH NINO CO., NEW ULM, MINN. 9181 and service connections in Rolling Greens 3rd Addition. Upon motion by Morris, second -by Brooks, resolution adopted. All voted in favor thereof. a Resolution declaring cost to be assessed and ordering preparation of proposed assessment for the following local improvement(s): Street Grading and Surfacing and the construction of a sanitary sewer, storm sewer, watermain, and service connections in Rolling Greens 3rd Addition. Upon motion by Gifford, second,by Morris,.resolution adopted. All voted in favor thereof. - , Resolution approving the plat to be known and designated as Northwood Second Addition. Upon,motion by Morris, second by Gifford, resolution adopted. All voted in favor thereof. Resolution approving a plat to be known and designated as Crescent Park First Addition. Upon.motion by Wilson, second,by Brooks, resolution adopted. ,All voted in favor thereof. Resolution authorizing the City Engineer's Department to obtain engineering and technical services from the Minnesota Department of Highways during 1960. .Upon motion by Brooks, second by Gifford, resolution adopted. All voted in favor thereof. Resolution approving a resolution passed and adopted by the Public Utility Board relative to purchase of utility lines in the vicinity of the Markay. Upon motion by Gifford, second by Morris, resolution adopted. All voted in favor thereof. Resolution approving a resolution adopted by the.Public Utility Board relative to Workmen'si Compensation for.Dwaine Glasenapp. Upon motion by Gifford, second by Wilson,,resolution adopted. All voted in favor thereof. Resolution appropriating $9,220.50 from the Street.& Alley Fund and ordering payment made tc Phillippi Equipment Company. Upon motion by.Gifford, second by Brooks, resolution adopted. All voted in favor thereof. Resolution,appropriating $1,248.45 from the General Fund and ordering payment made to Richard,G. Nietz, $225.00, George E. Rohde, $246.45, Riverside Sand & Gravel $575.00 and -The Mayo Clinic, $202.00. Upon motion by Gifford, second by Morris, resolution.adopted. All voted in favor thereof. Resolution appropriating $611.72 from the Sewer Fund and ordering payment made.to Viker & Sorensen, $200,00 and Fairbanks Morse & Company, $411.72. Upon motion by Morris, second by Gifford, resolution adopted., All voted in favor thereof. Resolution appropriating $2,159.15 from the Street & Alley Fund and ordering payment made to L. N. Sickels Company, $345.00 and Rochester Sand & Gravel, $1,814.15. - Upon motion.by Brooks, second by Morris, resolution adopted. All voted in favor thereof. Resolution appropriating $7,600.29 from the General Fund and ordering payment made to Rochester Airport Company. Upon motion by Wilson, second by Stadler, resolution adopted. All vot in,favor thereof. Resolution authorizing the Mayor and City Clerk.to execute Change Orders #2 and #3 Nietz Electric Company for Field Lighting., Upon motion by Stadler, second by Morris, resolution adopted. All voted in favor,thereof. , Resolution authorizing the Mayor and City Clerk to execute Change Orders #1 and-#4 Kirckof Plumbing and Heating Company. Upon motion by Gifford, seoond by Wilson,.resolution adopted. All 0 556 Record of OfficiAl Proceedings of the Common Council of the City of Rochester, Minn., May 2, ,1960 . voted in favor thereof. Resolution reinvesting $300,000.00 in Permanent Improvement Fund and 4300,000 in the Public Utility Fund in 4 3/8% U. S. Treasury Certificates of Indebtedness maturing May 15, 1961. Upon motion by Morris, second by Stadler, resolution adopted. All voted in favor thereof. Resolution investing $200,000 of the, Cash Balance of the Public Utility Fund in 47. U. S. Treasury. Notes, Maturing August 1, 19.61 and May 15, 1963. Upon motion by Morris, second by Stadler, resolution adopted. All voted. in favor thereof. Resolution appropriating $169.43 from the Lighting Fund, $72.45 from the Park Improvement Fund and $929.83 from the Auditorium Fund and ordering payment made to City of Rochester, P. U., and upon motion by Gifford, second by Brooks, resolution adopted. All voted in favor thereof. • Resolution appropriating $4,906.46 from the Permanent Improvement Fund and ordering pay- ment made to Doyle Conner Company. .Upon motion by Morris, second by'Gifford, resolution adopted. All voted in favor thereof Resolution appropriating $1,445.85 from the Permanent Improvement Fund and ordering payment made to Alvin E. Benike. Upon motion by Gifford, second by Morris, resolution adopted. All voted in favor thereof. Resolution appropriating $2,379.08 from the Permanent Improvement Fund and ordering payment made to E. C. Bather & Associates. Upon motion by Morris, second by Wilson, resolution adopted. All voted in favor thereof. Resolution appropriating $631.89 from the General Fund and ordering payment made to Ellerbe.& Company. Upon motion by Morris, second by Gifford, resolution adopted. All voted in favor thereof. Resolution appropriating $3,394.65 from the Street & Alley Fund, $345.70 from the General Fund, $3.00 from.the Fire Protection Fund, $948.13 from the Police Protection Fund, $2,061.68 from the Parking Meter fund $684.50 from the Sewer Fund and $74.60 from the Bridge Fund -and ordering pay- ment made to Fire & Safety, Inc., $268.00, Clements Chevrolet Company, $2,683.31 and Street & Alley Fund $4,560.95. Upon motion by -Morris, second by Wilson, resolution adopted. All voted in favor thereof. Resolution appropriating $6,965.81 from the following funds: General.$568.81; Street & • Alley $168.55; Fire Protection $193.76; Sewer $23.08; Lighting $5,757.35 and Police Protection $253.85. Upon motion by Morris, second by Brooks, resolution adopted. All voted in favor -thereof. The following claims were each presented and read and upon motion by Morris, second by Wilson, the same were approved and the Mayor and City Clerk were instructed to draw warrants upon the City Treasurer and make payments accordingly: From the General Fund: E. G. Hedland, $3.68; Thompson -Yaeger Company, $20.00; Elwin C, Williams, $6.75; H. A. Rogers Company, $50.00; International Business Machines, Inc., $17.56; The Johnson Company, $2.34; Minneapolis Blue Printing Company, $4.91; Garnet Spring, $44.55; Loretta Schoenmann, $112.00; Paul Plantz, $11.25; Charles W. Doranck, $45.75; William L. Burrows, $42.75; Park Department, $36.00; Robert Blakley, $115.25; Rochester Bookbindery, $74.50; Woodhouse Brothers, $130.00; Cities Service Oil Company, $45.21; Beckley Business Equipment Company, $3.00; Minneapolis Record of Official Proceedings of the .Common Council of the City of. Rochester, Minn., May 2, 1960 557 1 E 1 1 E Ll Blue Printing Company, $33.38; ,James J. Macken, Jr., $55.00; S. M. Supply Company, $4.04; Charles A.I Campbell, $51.30; William LaPlante, $39.95; Peoples Cooperative Power Association, $65.65; Ray Sibley, $15.00; Robert Toddie, $15.00; Hilman Vang $15.70; Donald S. Crowe,, $30.00; Toltz, King, Duvall, Anderson & Associates $101.23; Cranston Typewriter Store, $12.70; From the Street & Alley Fund: Witte Transportation Company, $28.13; Clements Chevrolet Company, $12.36; Leo N. Herrick & Sons $33.50; Carol Kinston, $18,.00; Robert L. Toddie; $20.00; Nutting Upholstery, $20.00; Bement Cahill Company, $69.53; Major Supply Company, $4.45. From the Fire Protection Fund: Botsford Lumber Company, $4.20; Elkhart Brass Mfg. Company, $154.09; Kenneth Stoltenberg, $162.60; John A. Toogood, $78.15; Lyle W. Gardner, $63.75; S. M. Supp Company, $68.5,4;Frank W. Everett, $63.00; The Churchill Company, $22.25; Municipal Supplies, $9.49; Fire Protection Department, $69.44; The Mayo Clinic,-$60.00; Woodhouse Brothers, $49.70. From the Police Protection Fund: Leo N. Herrick and Sons $3.00; 0 & 0 Sporting Goods, $7.20I National Bushing and Parts Company, $15.60; Carl J. Briese, $24.90; Dean F. Lent, $24.82; Rueben A. Rieck, $55.00; Rochester Harley Davidson, $27.25; Cranston Typewriter Store, $5.20; Clark Oil and Refining Corporation, $1.70; T. 0. Wellner, M.D. $60.00; R. C. Drips Grocer, Inc., $2.70. From the Sewer Fund:=S.,M. Supply Company, $17.66; General Trading Company, $26.03; Gateway Transportation Company, $4.11;Wallace & Tiernan, Inc., $48.40; Geo. T. Walker Company, $61.33; The Sanfax Corporation, $178.75; Michel Sales Company, $53.21; City of Rochester, P. U., $7.25. From the Auditorium Fund: Cal Smith, Mgr. M.C.A., $13.91; Witte Transportation Company, $2.75; Welborn Welding Company, $13.51; Northwestern Bell Telephone Company, $81.94; Adams;s, $6.15; Railway Express Agency, $2.56; Squires Electric Company, $3.78; Photo News, Inc., $153.90. From the Lighting Fund: City of Rochester, P. U., $4.30. From the Park Improvement Fund: Northwestern Bell Telephone Company, $29.60, Peoples Nat Gas Company, $79.87. An Ordinance entitled "An Ordinance amending an ordinance entitled, "An Ordinance for the purpose of promoting health, safety, order, convenience and general welfare by regulating the use ofi land, the location, size, use and height of buildings and the arrangement of buildsing on lots, and the density of population within the City of Rochester, Minnesota, all in accordance with a compre- hensive plan" was given its first reading. A motion was then made by Stadler, second by,Wilson, tha the rules be suspended and the ordinance be given its second reading. Upon roll call Alderman voted "no". (Lots land 2 Sunny side Addition to a Commercial District). An Ordinance entitled "An Ordinance providing for the licensing of dogs; providing for apprehension and disposition of dogs and cats unlawfully running at large; providing for the vaccination of dogs and cats for rabies; providing other regulations governing cats and dogs; and providing a penalty for violation!!,,was given its first reading. A motion was then made by Wilson, second by Brooks and upon.roll call and all voting in favor thereof, the rule were suspended and the ordinance was given its second reading. A motion was then made by Gifford, that the ordinance be amended by striking therefrom the provision providing for rabies shots for cats. President;. -;Tingley declared the motion lost for want of a second. A motion was then made by Wilson,.that the':xules be 0 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., May. 2, 1960 OSWALD PUBLISHING CO.. NEW ULM, MINN. 9161 be suspended and the ordinance be given its third and final -reading. President Tingley declared the motion lost -for want of a second. Upon motion by Wilson, second by Morris, the meeting was adjourn- ed until 7:30 o'clock P. M. President Tingley called the meeting to order at 7:30 o'clock, the following members being present: President -Tingley, Aldermen Brooks, Gifford, Morris, Stadler, Wilkus and Wilson. + President Tingley stated this as being the -time and place set for receiving and open- ing bids for. Sub -ease, base and bituminous surfacing of roads and parking areas at the Rochester MunicipaL.(new) Airport. The bids of Quarve & Anderson Company in the amount of $69,988.20 and Rochester Sand, & Gravel Company in the amount of $84,996.00 were -each received and opened. Upon • motion by Wilkus, second by Stadler the bids were referred to the Airport Commission. - President Tingley stated this.as being the time and place set for hearings on the following projects: Construction of the 1,000,00 gallon -standpipe and its'foundation of the project entitled "Proposed water supply reservoir and trunk lane watermains to serve the High District of the Northeast Service Area" for proposed assessment. There was no one present wishing to.be heard and President Tingley declared the hearing.officially closed., Hearing on the proposed assessment for the construction of a 1,.000,000 gallon water reservoir for the low district of the West Service Area. There was no one•present wishing to be heard and President Tingley declared -the hearing officially closed.' Hearing on the proposed change of zoning of all that part of the East 50 feet of the West 150 feet of Outlot No. 8, Cummings -Addition (818 West Center'Street) from a residential to a multiple dwelling zone. The recommendation of the Planning and -Zoning Commission that this property be changed to a multiple dwelling zone was read. A. motion was then made by Wilson, second by Wilkus, that the recommendation of the Planning and Zoning Commission be approved and the City Attor- ney be instructed to prepare an ordinance making the requested zone change. All voted in favor thereof. Continued hearing on the annexation of certain parcels of land in Northeast Rochester now completely surrounded (Property owners Payne, Pruitt, Martin, Gambil, Thye, Gores, Whiting, • Peck, etal.). There was no one present wishing to be head. A motion was then made by Wilson, second by Gifford, that this hearing be continued until June 6, 1960 at 7:30 P. M. to allow the Committee to make a further study of same. All voted in favor thereof. A letter from Arthur Swan, Attorney, transmitting a petition requesting that Blocks 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 in West Zumbro Addition be annexed to the City of Rochester'. was read. Also a petition with 66 signatures opposing the annexation of this land was also read. Mr. Swan was present and stated that -the main reason for annexation was that there was a very serious water problem in this area and urged that the Council initiate proceedings for annexation I and hold the necessary hearings. Mr. M. L. Blee of 1911 2nd•Street Northwest spoke in opposition of the annexation. R. V. Ehrick, City Attorney, reported that he had checked the petition and it appeared to be sufficient to proceed, he said a further check would be made but he felt sure thee-e Record :of Official Proceedings of flue Common Council of the City of .Rochester, Minn.; May :2, .1960 1 • 1 1 u F� was a majority for annexation. Alderman Gifford then introduced.a resolution ordering a public hearing on the annexation of Lots 1 to.12, inclusive, West Zumbro Addition -which was read. A motion was,then made by Gifford, second by Stadler, that the said resolution be adopted as read and all voting in favor thereof, President Tingley declared the resolution duly passed and adopted.1 Mr. Robert Petersdorf appeared before the Council in behalf of -the Rochester Central Labor Union -and stated that they were very concerned about the revaluation of•property'in the City of Rochester which had been done by the J. W. Cleminshaw Company. He said they believed in paying their share, that their group had always supported bond issues and tax proposals but now he felt it was valuations that were at stake and if the levels as arrived at by the Cleminshaw Co. were used the Rochester citizens would be penalized, they already pay more -per capita for state and county purposes and would then pay higher. He questioned the accuracy of valuations and said the City Assessor had announced application of -a reduced percentage -formula for assessed valuations and thoughtif he could do that he could use the old valuations -and cut taxes. He also stated that -he could not see why the valuation of commercial property was all reduced (and particularly the down -town property had taken a big drop) and -all the old homes had been raised.' He suggested and requested that the Council dismiss the J. M. Cleminshaw Company and revert back the old valuations.', The following letter was then read: "Alex P. Smekta, Mayor o City of Rochester Rochester, Minnesota a Honorable Sir: This letter is being addressed to you by the undersigned, calling upon you as the Chief Executive ,officer of our City, to compel the.duly elected and appointed officials of Rochester, to fulfill their oath of office in the manner prescribed by the laws of the State of Minnesota, and City Charter, in regard to the recent -re -assessment and re-evaluati6n 6f real estate in -the City of Rochester, specifically. outlined below as follows: 1. Investigate if the contract entered into by the City with J. M. Cleminshaw Company to perform this re-evaluation,,was legal under the City Charter and State Laws. The City Charter requires persons assisting the Assessor to take an oath of office and file bond; also State Law compels such assessors to be citizens of the State of Minnesota. Were these conditions met? Further, it it is found that the contract entered into with J. M. Cleminshaw Co. was not legally executed, to declare such contract null and void and to stop any further payments thereon. 2. To investigate the deplorable condition into which our assessment procedure has fallen that made necessary the employment of J. M. Cleminshaw Co. to perform a re-evaluation of property in Rochester. Specifically, why were certain individ- uals and interests (some of them within City Hall) given a reduction in the value of their property, while everyone else in the City had their values increased? Facts and figures to support this statement will be submitted if requested. 3. Ascertain why the J. M. Cleminshaw Co. submitted more than one valuation on property re -assessed by them. How could conflicting values contribute to a sound evaluation? 4. That if any elected or appointed officer of the City is found to not have discharged his duties as required by State Laws and City -Charter, thatimmediate steps be taken to compel his removal from office. Very truly yours, s/H. S. PATTERSON 1019 East Center St. s/JOHN J. KERR, 711 N.W. 7th St. s/..WM. FRIEDELL, Beverly Apartments s/O. W. SCHROEDER, 722 1st St. N.W. s/RICHARD J. CAMPION, 220 N.W. 3rd Ave." Mayor Smekta then took the floor, He said this letter had been published in the paper but he had not received his copy until today. He said, Mr. Patterson accused city officials do not pay taxes 0 and are benefiting valuation -wise because of their offices; the Mayor said this is not true "Incan Record of Official Proceedings -of the Common Council of the City of Rochester, Minn., May 2, 1960 show you my own figures, they have shown marked increases" and all other city officials pay taxes just like everyone else. He said the Cleminshaw figures are not final, they will be checked by the Assessor and then the valuations would be brought before the Equalization Board. He said as long as he held office there would be a fair and square deal and everyone would be given an opport- unity to be heard. Mr. Milton Renaux of 913 4th Avenue Southeast was present and requested that the Council throw out the J. W. Cleminshaw Company report and go back to the old valuations. Mr. Irving Olson, Director of property taxation, State Department of Taxation, spoke on valuation procedures. He said his department had been following the Cleminshaw appraisal and that its surveys had revealed a lack of equalization in Minnesota communities. He said in larger cities the assessing departments are kept so busy with the evaluation of new real estate and other current procedures and are never staffed to make complete revaluations. He said in the case of Rochester, the Cleminshaw figures are advisory only and valuations have not actually been set yet by the City Assessor; with this information, the Assessor will have to determine the full and true assessed valuations. He described prodedures for appeals to city and county Equalization Boards. He said many factors enter into valuations and increased land valuations can be expected in a City like Rochester. He said the State is making market value surveys, market value considerations figured in attacks on valuations, and a report regarding Rochester would be forthcoming. He said the State Department agrees with the revaluation in principle but reserves judgment pending a review. Art Hall, Milton Renaux, Joe Cooley, Mrs. Harry Curtin, H. S. Patterson, Mrs.' C. W. Huntsinger, John Miner and others were all heard opposing the tax revaluation. After hearing those present, President Tingley declared a 5-minute recess at 9:10 P. M. A recommendation of the Parks, Public Grounds, Recreation Committee recommending that the Park Board be authorized to purchase the following: (1) popcorn machine for $500.00 in addition to trade-in of small machine (2) one cash register reconditioned for $384.00 which was read. Upon motion by Stadler, second by Wilson, the recommendation was approved. All voted in favor thereof. A recommendation from the Planning and Zoning Commission recommending approval of the preliminary plat of Mill Reservation Sub -Division was read. Upon motion by Wilson, second by Brooks, the same was approved. All voted in favor thereof. A recommendation of the Planning and Zoning Commission establishing the following job class- ifications was again presented: 1 City Planning Director, 1 Secretary to Planning Director, and 1 Associate Planner, which was read. Upon motion by Wilson, second by Gifford, the recommendation was approved. All voted in favor thereof. Q petition signed by 70 students of the Central Junior High School protesting a 12 month ban on dogs was read and President Tingley,ordered the same placed on file. r Alderman,W�lkus introduced,a resolution adopting assessment for the following local improve- ment(s): Construction of a 1,000,000 gallon standpipe and foundation to serve the high district of the 'northeast service -area which was read. Upon motion by Gifford, second by Morris and all voting 1 • 1 • 1 in favor, thereof,.resolution..adopted. • Record of Official Proceedings of the Common Council of the City of Rochester; Minn., May 2, 1960 561 1 r1 U 1 1 1 Alderman Wilkus introduced a resolution levying special assessments for the following loca improvement(s): Construction of a 1,000,000 gallon water reservoir for the low district of the west service area which was read. Upon motion by Morris, second by.Brooks, resolution adopted. All vot6d in favor thereof. Alderman Wilkus introduced a resolution regarding the erection and maintenance of a sign at the intersection of Trunk Highway No. 296 (4th Street Southeast) and 13th Avenue Southeast directing traffic in a southerly direction to Trunk Highways No. 52 and 14 which was read. Upon motion by Stadler, second by Wilson, and all voting in favor thereof, resolution adopted. An ordinance entitled "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 Arrangement of Buildings on Lots, and .the Denisty of Population within the City of Rochester, Minnesota, all in Accordance with a Compre- hensive Plan." (Lot 11, Block 9, Goodings Addition to a Multiple Dwelling District) was given its second reading. An ordinance entitled "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 Arrangement of Buildings on Lots and the Denis ty of Population Within the.City of Rochester, Minnesota, all in accordance with a Comprehensive Plan." (Lots 1 - 7, Block 3,and Lots 9 through 22, Block 3.Westlawn Addition to a commercial district) was given its second reading. An ordinance entitled "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 arrangement of buildings on lots, and the density of population within the City of Rochester, Minnesota, all in accordance with a comprehensive plan" (Lot 1, Block 1 Flathers Addition to a commercial district) was given its second reading. An ordinance entitled "An ordinance amending an ordinance entitled, 'an ordinance for the purpose of promoting health, safety, the use of land, the location, size, use and height of building; and the arrangement of buildings on lots and the density of population within the City of Rochester, Minnesota, all in accordance with a comprehensive plan" ( Pt. of L. 33 Auditor's Plat "A" to a commercial district) was given its second reading, An ordinance entitled "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 arrangement of buildings on lots and the density of population within the City of Rochester, Minnesota, all in accordance with a compre- hensive plan" (Lots 1,.2, 3 and 4 Willoyds Addition to a Multiple Dwelling District) was given its second reading. _ A ordinance entitled "An ordinance amending an Ordinance Entitled, "An Ordinance for the purpose of promoting health, safety, order, convenience and general welfare by regulating the use 0 of land, the location, size, use and height of buildings, and the arrangement of buildings on lots, 562 Record of Official � Proceedings of the Common Council of the City of Rochester, Minn., May 2; 1960 OBWALD PU BLOB HIND CO., NEW ULM, MINN. 9161 and the density of population within the City of Rochester, Minnesota, all in accrodance with a comprehensive plan" (Lots 23, 24 and 25, Block 3 Westlawn Addition to a commercial district) was given its third and final reading. A motion was then made by Wilson, second by Morris, that the said ordinance be adopted as read and upon roll call and all voting in favor thereof, President Tingley declared the said`ordinance duly passed and adopted. An ordinance entitled "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 arrangement of buildings on lots, and the density of population within the City of Rochester, Minnesota, all in accordance with a • comprehensive plan" (Lots 1, 2 and 3, Block 1 Bielenberg and Giese First Addition to a Commercial District) was given its third and final feading. A motion was then made by Brooks, second by Gifford that the said ordinance be adopted as read and upon roll call and all voting in favor there- of, President Tingley declared the said ordinance duly passed and adopted. An ordinance entitled "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 arrangement of buildings on lots, and the density of population,within the City of Rochester, Minnesota, all in accordance with a comprehensive plan" (Lots 1, 2, 3 and 4, Block 15 and the E- of Lots 5 and 6, Block 15 and the ` N. 35 feet of the East one-hal of Lot 7, Block 15 Head & McMahon's Addition to a Commercial District) was given its third and final reading. A motion was then made by Wilkus, second by Wilson, that the said ordinance be adopted as read and upon roll call and all voting in favor thereof, President Tingley declared the said ordinance duly passed and adopted. An ordinance entitled "An ordinance annexing to the City of Rochester, Minnesota certain unplatted lands not exceeding two hundred acres in area all being in the Southwest Quarter of Section 27, Township 107 North, Range 14 West, Olmsted County, Minnesota" (Sunset Terrace 3rd Addition) was given its second reading. An ordinance entitled "An ordinance amending an ordinance entitled, 'An Ordinance for the purpose of promoting health, safety, order, convenience and general welfare by regulating the use lots, • of land, the location, size, use and height of buildings, and the arrangement ofbuildings on and the density of population within the City of Rochester, Minnesota, all in accordance with a comprehensive plan" (part of 0. L. 8 Cummings Addition to a Multiple dwelling district) was given its first reading. (818 West Center Street). Upon motion by Wilkus, second by Wilson and upon roll call and all voting in favor thereof, the rules were suspended and the ordinance was given its second reading. Upon motion by Wilkus, second by Wilson and upon roll call and all voting in favor thereof, the rules were suspended and the ordinance was given its third reading. A motion was then made by Wilkus, second by Stadler, that the said ordinance be adopted as read. All voted in favor declared the ordinance duly and adopted. thereof and President Tingley said passed An ordinance entitled "An ordinance annexing to the'City of Rochester, Minnesota, certain unplatted lands not exceeding two hundred acres in area, all being in the northeast quarter of Section 3, Township 106, North, Range 14 West, Olmsted County, Minnesota" was given its third and Record of Official : Proceedings of the Common Council of the City .of Rochester; -Minn:; : May 2; 1960 1 • 1 11 final reading (Rundell Property). A motion was then made by Gifford, second by Morris, that the said ordinance be adopted as read. All voted in favor thereof and President Tingley declared the said ordinance duly passed and adopted; :Mrs. Edwin Klee of 509 9th Avenue Northwest was present and inquired what was going to be] done to her property when the primary street was constructed. She was told to contact Mr. Arms City Engineer, and he would explain the situation. Mr. Richard Rosaaen was present and inquired if his fetter had been before the Council. He was told that his letter had been read in the afternoon and had been referred to the'Public Works Committee. A motion was then made by Alderman Wilson that the rules be suspended and an ordinance entitled "An ordinance providing for the licensing of dogs; providing for apprehension and dis- position of dogs and cats unlawfully running at large; providing for the vacinnation of dogs and cats for rabies; providing other regulations governing cats and dogs; and providing a penalty for be ` violation" edge given its third and final reading: Brooks seconded the motion and upon roll call all voting in favor thereof, the rules were suspended and the ordinance and the ordinance was given its third and final reading. A motion was then made by Brooks, second by Wilson that the ordinance be adopted as read. Upon roll call and Brooks, Gifford, Morris and Wilson voting "aye" and Stadler, Wilkus and Tingley, voting "no" President Tingley declared the ordinance adopted. Upon motion by Stadler, second by Brooks, the meeting was adjourned until 7:30 P. M. on May 16, 1960. Ci y Clerk is