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HomeMy WebLinkAbout12-01-1952260 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., December 1, 1952 • 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 December 1, 1952. President Bach called the meeting to order at 2:00 o'clock P. M., the following members being present: President Bach, Aldermen Brumm, Davis, Morris, Schroeder and Thiem. Absent: None. Upon motion by Davis, second by Morris, the minutes of the meetings of November 17, 1952 were approved. President Bach stated this as being the time and place set for ree- • eiving and opening bids for surfacing lSth Avenue Northeast from 9th Street to 150 feet north. No bids were received. President Bach stated this as being the time and place set for receiving and opening bids for surfacing 12th Street Northwest from 2nd to 4th Avenue Northwest. No bids were received. The following resolution adopted by the Public Utility Board was read and the same was ordered placed on file: "Be it and it is hereby resolved by the Public Utility Board of the City of Rochester, -Minnesota, that the Common Council of the said City be and is hereby requested to authorize the said Board to enter into the following contracts;' 1. with the PITTSBURG & MIDWAY COAL CO. for 10,000 tons of West Kentucky #11 & #6 at mine prices of $3.65 & #3. 7 5 respectively, Freight rate $4.55 per ton, totaling $8.61 & $8.71 per ton respectively, F.O.B. Rochester, Minnesota. 2. with the REPUBLIC COAL & COKE CO. for 7,000 tons of South Illinois #6 at mine price of $4.00, Freight rate $4.60 per ton, totaling $8.60 per ton, F.G.B. Rochester, Minnesota 3. with the SAHARA COAL CO. for 2,000 tons South Illinois #6 at a mine price of $3.90, Freight rate $4.60per ton, totaling $8.50 per ton, F.O.B. Rochester, Minnesota 4. with the OLD BEN COAL CORP. for 1,000 tons South Illinois #6 at 'a mine price -'of $3.95, Freight rate $4.60 per ton, totaling $9.55 Per ton, F.O.B. Rochester, Minnesota. 5. with the WALTER BLEDSOE & CO. for 5,000 tons of Illinois Streamline #6 at a mine price of $3.35, Freight rate $4.49 per ton, totaling $7.84 per ton, F.U.B. Rochester, Minnesota.. 6. with the TRUAX. TRAER COAL CO. for 2,000 tons of Illinois Burning Star #6 at a mine price of $3.75, Freight rate $4.60 • per ton, totaling $8.35 per ton, F.O.B. Rochester, Minnesota." A letter from the State of Minnesota, Department of Highways, trans- mitting five copies of an agreement and five copies of a resolution authorizing the Mayor and City Clerk to sign the agreement was read and ordered placed on f ile. A letter from the Charter Commission requesting that the Council arrange to have Orville Peterson, Attorney for the Minneaosota League of Municipalities, discuss charter revision at a joint meeting of the Common Council, the Charter Commission and the public, to be held at 7:30 o'clock P.M. on. December 10th, was read and upon motion by Davis, second by Brumm, the City Clerk was instructed to write Mr. Peterson requesting him to discuss charter revision at the above meeting. 0 261 Record of Official Proceedings of the Common Council of the .City of Rochester, Minn., December 1, 1952 . 1 1 • W2 1 1 1 0 A letter from Hattie Helmbrecht of Dodge Center, Minnesota, was read:_ in which she expresses her dissatisfaction regarding the payment of a fine for overparking while shopping in the down town shopping area. After some discussion on the matter a motion was made by Davis, second by Morris, that the letter be referred to.the Police Committee and the.Chief of Police.and upon roll call Aldermen Davis and Morris voted.11yes° and Aldermen Brumm, Schroeder and Thiem voted "no". Alderman Schroeder then moved that the chair appoint a committee to investigate and after further discussion, Alderman Schroeder withdrew his motion. Alderman.Davis then moved that the matter be referred to the Parking and Traffic Commis.sion and the Chief of Policg. Alderman Thiem seconded the motion and all voted jin favor thereof. A petition for the construction of a sanitary .sewed' and watermain in 6th Avenue Northeast in Leitzen's Sub -Division was read and upon motion by Morris,i! second by Brumm, the same was referred to -the Sewer Committee and the City Engineer. A pet'it.ion for the -grading and surfacing of 6th Avenue Northeast in r i' Leitzen's Sub -Division was read and upon motion by Thiem,-second by Brumm, the j same was referred to -the Street & Alley Committee and the City Engineer. A petition for grading and surfacing loth Street Southeast in Willoyd's ii Sub-Divialon was read and upon motion by Davis, second by Morris, the same was referred to the Street.& Alley Committee and the City Engineer. A communication expressing the appreciation of merchants on First is Avenue Southwest for the recent action taken by the Council in re-establishing angle parking on 1st Avenue Southwest was read and the same was ordered placed on file. 'i The City Engineers preliminary estimate for crushed rock surfacing on . II lgth Avenue Northeast from 9th Street to 150 feet North in the amount of $409.50 I �I was read and the same was ordered placed on file. The City Engineer's preliminary estimate for .surfacing 12th Street u Northwest from 2nd to 4th Avenue Northwest in the amount of $720.00 was read and I' the same was ordered placed on file. The recommendation of the Chief of Police for the improving of traffic, providing for freer, more uniform and safer flow of traffic and recommending various changes in bus routes and in loading space for the buses was read. Mr. Arthur Swan, Attorney. representing the Bus Company, Mr. Fred Schuster representing' tenants in the First Avenue Building and Mr. Leonard Ekstrand, Chairman of the Traffic and Planning Commission, were present and expressed their approval of the recommendations as submitted by the Chief of Police. A motion was made by Davis, second by Thiem, that the recommendations of the Chief of Police be accepted and the City Attorney was -instructed to prepare an amendment to the Traffic Ordinance 2­`62 Record of Official Proceedings of the Common Council 40 of the City of Rochester, Minn., D e c ember 1, 1952 covering the recommended changes. The City Engineer's recommendation that a plat of Willoyd's Sub -Division be approved was read and. upon motion by Brumm, second by Davis, the said plat was accepted, subject to the approval of the Planning & Zoning Commission. The City Engineer's recommendation that Hillside Sub -Division be annexed to the City of Rochester was read and upon motion by Brumm, second by Davis, the 'City Attorney was instructed to prepare an Ordinance annexing the said Hillside Addition to the City, subject to the approval of the Planning and Zoning Commission. A communication from the City Electric Department stating that the easements as shown in the plats of Hillside Addition and Willoyd's Sub -Division were satisfactory was read and the same was ordered placed on file. The following recommendation of the Sewer Committee was read and a' motion was made by Morris, second by Thiem, that the recommendation be approved, and upon roll call all voted in favor of the motion except Aldermen Brumm and Schroeder, who voted "no"; "Honorable Mayor & Common Council Of the City of Rochester, Minnesota Gentlemen: We, the undersigned, recommend that the resolution assessing the cost of sewer construction in Betcher's Sub - Division be rescinded and any payments which have already been made be refunded. We further recommend that a new hearing be ordered on this assessment. Respectfully, SEWER COMMITTEE (Wayne Davis, Chairman (Emrold Thiem, Member The recommendation of the Street & Alley Committee that bids be taken for the pruchase of one fron.t-end loader attachment to be used with Model DI Case Tractor, for use in the Street & Alley Department, was read and upon motion by Thiem, second by Brumm, the recommendation was approved. The recommendation of the Sewer Committee that bids be taken for the purchase of one sewer rodding machine for use in the Sewer Department was read and upohi motion by Brumm, second by Morris, the recommendation was approved. The following recommendation was read and upon motion by Brumm, second by Davis, the same was approved: "Honorable Mayor & Common Council Of the City of Rochester, Minnesota Gentlemen: The matter of the assessment for the grading of Fifth Avenue Southeast from Fifth Street to Sixth Street Southeast and of Fifth Street Southeast from Fourth Avenue to Fifth Avenue Soti-,theast was referred to the Street and Alley Committee and City Engineer for study. We, the undersigned recommend that the assessment for the East 44 feet of Lots 2 and j in Block 4, East Rochester Addition be set at $625.91; and that the balance of the cost be assessed on a uniform front -foot basis to the remainder of the property fronting the project. Respectfully, STREET & ALLEY COMMITTEE (George Brumm, Chairman (Wayne Davis, Member Ralph E. Monson, City Engineer" �J fl • 1 • 1 1 u 2s3. Record of Official Proceedings of the Common Council of the City of Rochester, Minn.,' D e c e mb e r 1, 19 5 2 1 1 s 1 1 The recommendation of the S reet & Alley Committee, that crushed rock i t surfacing for 12th Street Northwest from 2nd to 4th Avenue Northwest .be supplied under. the City's annual contract for this material and that.the blading and , compaction of this material be done by .the .City Engineer's forces was read and IIupon motion by Davis, second by Thiem, the recommendation was approved. The recommendation of the Street & Alley Committee that the crushed ii � rock surfacing of lgth Avenue Northeast from 9 Street to 150 ft. North be done i by the City_Engineer's forces was read and upon motion by Thiem, second by Davis,' i� � the recommendation was approved. The recommendation of the Street & Alley Committee that a sidewalk be ordered constructed on the east side of .15th Avenue Northeast along Lot 1, 1! Block 4, Mohn & Hodge Sub -Division was read and upon motion by Morris, second , �I by Davis, the recommendation was approved. The following recommendation was read and upon motion by Thiem, second I' h by Schroeder, the same was approved: "Hon. Mayor & Common Council 0 f, the City of Rochester, Minn. Gentlemen: The Matter of the assessment for the grading of streets in Betcher's Addition was referred to the Street and Alley Committee for' study. We, the undersigned., recommend that the assessments be dividdd so that the cost of the grading of 12 Street Northeast in Betcher's Addition be assessed against those lots fronting on 12 Street, and the cost of the grading of 14th Avenue Northeast in Betcher's Addition be assessed against the lots fronting on 14 Avenue Northeast. Respectfully, STREET & ALLEY COMMITTEE (George Brumm, Chairman (Wayne Davis, Member Ralph E. Monson, City Engineer The recommendation of the Board of Zoning that the petition to have Lots 2,3,6 and 7, in Block 1; all of Lots 1,2,3 and 4 in Block 2 of West's Sub - Division; all of Lots 1 and 2 in Block 1 and Lots 1,2,3,4 and 5 in Block 7, of 'Mohn & Hodge Sub -Division and the North 175 feet of the East 152 feet of the it West 435 feet of Lot 49, in Lands Sec. 36-107-14 bhanged from a commercial zone � to a residential.zone be granted was read and upon motion by Davis, second by i Morris, the recommendation was approved and the City Clerk was instructed to publish a notice of hearing to be held at 7:30 o'clock P. M. on December 15,1952.i The recommendation of the Board of Zoning that the '.petition to have I Lots 1,2 and 3 in Block 1 of Sunnyside Addition changed ffom a residential to a I; multiple dwelling zone be granted was read and upon motion by Schroder, second li by Davis, the recommendation was approved and Ithe City Clerk .was instructed to I� publish a notice of hearing to be held at 7:30 o'clock P.M. on December 15,. 1952.11 The City Treasurer's report for the month of October, 1952 was read • i; and President Bach ordered that the same be placed on file. is 2.64 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., D e c e m b e r 1, 19 5 2 The reports of the Clerk of Municipal Court for the week ending November 22,-1952 showing total criminal fines and costs collected $1,634.00 and civil fees received $.70 and for -the week ending -November 29, 1952 showing totai criminal fines and costs collected $1,092.90 and civil fees received $3.45, were each read -and having been approved by the City Attorney, President Bach ordered that the same be placed on file. The applications of Charles E. Hatch for license to sell cigarettes and soft drinks were each read and upon motion by Brumm, second by Davis, the licenses were granted. The application for transfer of "on sale" liquor license No. 308 from Ward Walker to Donald Witzke was read and upon motion by Morris, second by Davis, the transfer was granted subject to Mr. Witzke furnishing an affidavit that he was not interested in any other liquor enterprise. The application of Wesley Jameson for license to erect and maintain signs was read and upon motion by Morris, second by Davis, the license was granted. The contract bonds of Queen City Motors in the amount of.$2,200.00 with the Fidelity & Casualty Company of New York as surety and Crown Signals, Inc. in ,the amount of $2,475.00 with Standard Accident Insurance Company as surety, were each read and upon motion by Thiem, second by Davis, the bonds were approved, the surety thereon accepted and it was 'ordered that the same be placed on file. The following resolutions were introduced, read'and unanimously adopted except where "no" votes are noted: Resolution ordering a hearing on the re -assessment of sewer and watermain in Betcher's Sub -Division. Upon motion by Davis, second by Thiem, resolution adopted. Resolution'accepting change of collateral given by the First National Bank of Rochester. Upon motion by Morris, second by Schroeder, resolution adopted. Resolution levying special assessments for the construction of sidewalks for the year 1952. Upon motion by Schroeder, second by Thiem, resolution adopted. Resolution ordering bids for furnishing one front-end loader attachment to be used with Model DI Case Tractor in the Street & Alley Department. Upon motion by Thiem, second by Brumm, resolution adopted. Resolution ordering bids for furnishing one rodding machine for use in the Sewer Department. Upon motion by Brumm, second by Davis, resolution adopted. Resolution ordering 2nd hearing on construction of a sanitary sewer in West Center Street from Broadway to 2nd Avenue Southwest and rescinding resolution adopted November 17, 1952 ordering 2nd hearing. Upon motion by Davis, second by Morris, resolution adopted. Resolution ordering 2nd hearing on construction of a sanitary sewer in 2nd Avenue Southwest from lst Street Southwest to Center Street and rescinding- 1 E 265 1 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., D e c e m b e r 1, 19 5 2, ►! resolution adopted. November .17, 1.952 ordering 2nd hearing. Upon motion by Morris,,; i I� second by Schro.eder, resolution adopted.. I� Resolution appropriating $246,.61 from the General Fund, $1,.429..09 from it the Street & Alley Fund, $16..00 from the. Sewer Fund and $5,29 ' from the Park II .Improvement Fund and ordering .pay.ment made to Postier & .Eggers, $246..61;. Morton {1 I 1: Salt Company, $262.00; Blacktop Maintenance Company, $936..09;°Leitzen Concrete. , �) Company, $347..00; .and Mayo Civic Auditorium Revolving Fund, $5, 287.97. Upon motion by Schroeier, second by Thiem, resolution. adopted. • �! I; Resolution appropriating I: $2g,392.1g from the Sewer Fund and $97,250.00 li from the P.I.R. Sund and ordering payment made to First National Bank of Rochester] �I $97, 250.0.0 and Sinking Fund of City of Rochester, $29, 392.19. Upon motion by Thiem, second by Brumm, resolution adopted, , C1 Resolution appropriating $4,709.27 from the Park Improvement Fund and I! $115.95 from the Lighting Fund and ordering payment made to Mayo Civic Auditorium i Revolving Fund, $4,502.71 and City of Rochester, Public Utilities, $322.41. Upon motion by Brumm, second by Davis, resolution dopted. Resolution authorizing the Public4Board to enter into contract with li i; �i Pittsburg & Midway Coal Company, Republic Coal & Coke Company.,; Sahara Coal Company; �i II Old Ben Coal.Corp., Walter Bledsoe & Company and Truax Traer Coal Company. Upon I - li li motion by Davis, second by Morris, resolution adopted. b The following claims were read and upon motion by Morris, second by it f� Schroeder, the same were approved and the Mayor and City Clerk were authorized I I; and directed to draw warrants upon the City Treasurer and make payments accordingly: From the General Fund: H. M. Fitzpatrick, $19.45; Enoch J. Dison, I, $24.90; Tom Moore, Reg. of Deeds, $1.2 ; St. Paul Blueprint Co:!. 5 p $59. 69 ; Luella ±� Blake 60,00• R. L. Polk Com an i $ p y, . $25.00; Monroe Calculating- Machine Co. , $15.00; i; Earl H. Hess, $67.00; Garnet Spring, Bldg. Inspector, $15,34; Tom Moore, Reg. of • !; Deeds, $5.00; Clerk of Municipal Court, $12..00; Rochester Transfer & S orage Co., I' t $10.00; City of Rochester, P.U., $173.25; Marvin W. Price, $27.67; Joe L. McDermott, $15.90;. Enoch J. Dison, $24.90; Charles Dornack, $45.00; Wm. L. Burrows; I' 11 $43.50; Stanley F. -Drips, $91.55; Paul Plantz, $24.00; Alta Rohde, $48.75; ! Automatic Voting; Machine Co., $93.01; F. J. Paine Co., $12.20; Peoples Coop. Power' j, Assn., $3.00; F. R. Finch, City Clerk, $143.21; Royal Typewriters; Inc., $155.00; Lew Bonn Company, $14.75; Federal Enterprises, Inc., $110.00; Stark Radio Company,! 41; Universal Motors, $7• $99 07; N.W. Bell Telephone Co., $9.50; Peoples Natural n Gas Co., $10.55; Orville B. Cooper, $5.00. I' II From the Street & Alley Fund: Peoples Natural Gas Co., $26.46; Herbert i! G. Knopp, $46.71; Lange's Auto Glass Shop, $9.75; Orville B. ' Cooper, $5.00; �i Ruffrid a Johnson Equipment Co. $6.g0; Leitzen Concrete Company, $45.00; i Universal Record of Official Proceedings of. the Common Council of the City of Rochester, Minn., December 1, 19 52 i� • Motors, $6.33; Raymond L. Sibley, $34.00; Jack L. Capelle, $108.75; Philip R. Zieman, $119.31; Maurice L. McIntire, $38.A0; Clarence Hanson,, $34.15; Fred Lidtke, $44.10; A.. E.. By4oldt, $90.00; H. T. Earle., $137. 50; Kenneth John. Keefe, $44.00. From the .Sewe.r Fund; Orville B. Cooper, $5.00; .Carlisle G. Fraser, $55.00; E. B— Ballou, $21.97; Carlisle G. Fraser, $.40;.Leitzen Concrete Products, $16.00. Fr.om ,the Parking Meter Fund: Witte Transportation Co., $6.. 28; Stephen Gerkin, $132.00; Harry V. Hanson,. $158.40. , Mr. Laton Smith' was present at the meeting and stated that the Northrop School P.T.A. had requested him to take up the matter of the installation of a ;light on the footbridge across Cascade Creek west of the Northrop School. Upon motion by Davis, second by Thiem, the installation of the said light was approved and the City Clerk was instructed to notify the Public Utility Department. The request for the installation of a street light on Berkman Court -near the cneter, of th,e block was read and also the recommendation of the. Lighting Committee that the request be.approved. Upon motion by Davis, sec.ond by Thiem, the recommendation was accepted and the City Clerk was instructed to notify the Public Utility Board. •.An Ordinance amending Section 4 of the Zoning Ordinance (No. 558), was given its third and final reeding. Upon motion by Brumm, second by Davis, that the said Ordnance be adopted as read, and all voting in favor thereof, President Bach declared the said ordinance duly passed and adopted. An Ordinance - repealing Paragraph (e). of Section Four (4) of the Zoning Ordinance (NO. 558), was given its third and final reading. Upon motion by Davis, second by Brumm,.that the said.Ordina nce be adopted as read, and all voting in favor thereof, President Bach declared the,said ordinance duly passed and adopted. An Ordinance amending. the Zoning Ordinance, . No.' S58, ( changing Lot 5- in Block 24 and•Lots 4 and 5 in Block 34•of.Nort4ern Addition from a residential to a commerpial zone) was given,its second reading. Upon motion by Brump, second by Davis,.and upon roll"call and all voting in favor thereof, the rules were suspended and the ordinance was given its third and final reading. Upon motion by Brumm, second by Morris, that the.said Ordinance be - adopted as read, and all voting in favor,thereof, President Bach declared the said ordinance duly passed and adopted. An Ordinance amending the Traffic Ordinance (No. 698) was given.its second reading. Upon motion by Schroder, second by Brumm, and upon roll call 'and all 1 1 n U 1 F1 267- Record of Official Proceedings of the Common Council of the City of Rochester, Minn., December .1, 1952. 1 1 • 1 1 0 voting in favor thereof, the rules 'were suspended and the ordinance was given its third and final reading. l Upon motion by Brumm, second by Schroeder, that the said Ordinance be I' i adopted as read, and all voting in favor thereof, President Bach declared the l' said Ordinance duly passed and adopted. An -Ordinance creating the office of Municipal Co-Ordinator was given 'I its second reading. Upon motion by Morris, second by Davis; and upon roll call and all voting n in favor thereof, the rules were suspended -and the Ordinance was given.its third and final reading. �1 I. Upon motion by Morris, second by Thiem, that the said Ordinance be not ' adopted as -;read, and all voting in favor thereof, President Bach declared the said Ordinance not adopted. !� i The matter of employing a secretary for the Council• wa.s discussed by thejl Council and also representativesfrom the Women's League of Voters were heard 1 on the matter. A motion was made by Davis that the President of the Council appoint a committee to investigate the feasibility of appointing a secretary to the Common Council. ITO second was received to the motion. Alderman Brumm recommended that the intoxicating liquor ordinance be i amended so as to permit dancing in "on sale° intoxicating liquor establishments. After further discussion on the matter a motion was made by Thiem, second by Brumm, instructing the City Attorney to amend the "on_sale" intoxicating liquor i, I� ordinance so as to permit dancing. Alderman Davis stated that he thought the Council should consider the i appointment of an"alderman to fill the vacancy caused by the death of Alderman George J. Anderson in the second ward. A motion was made by Schroeder, second by Thiem, that the Council meet at a dinner and discuss -the matter of appointing an alderman to fill the vacancy which now exists in the 2nd Ward. The City Attorney � was -consulted at this time as to whether or not it was mandatory for the Council i� to fill the vacancy in the -second ward: He ruled that according to the Charter provisions it was mandatory for the members of the'Council to fill the existing vacancy. Upon motion by Brumm, second by Schroeder, the meeting was adjourned until 7:30 o'clock P. M. on this date. City Clerk 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 0 said City, on December 1, 1952, 26 Record of Official Proceedings of the Common Council , of the City of Rochester, Minn., December 1, 1952 President Bach called the meeting to, order at 7:30 o'clock P. M., the. following members being present: President Bach, Aldermen-Brumm, Davis, Morris, Schroeder and Thiem. Absent: None. A motion was made by Morris, second by Brumm, that Mr. A. G. Whiting of 850 - 1st Street Southwest be appointed as Alderman of the Second Ward to fill the (vacancy shich now exists in the second ward and upon roll call all voted in favor of the motion. Mr. A. G. Whiting was then introduced and seated in the Council. The matter of ,an assessment for sewer and water against the property owned by Air. Robert Swanson in Betcherls Sub -Division was discussed and upon motion by Thiem, second by Davis, the City Clerk was instructed to inform the Public Utility Board.that Mr. Swanson be,given a rebate an his water assessment which would be equal to an assessment f,or two lots, or an assessment covering 2/3 of the frontage owned by him. All voted in ,favor of the motion except Alderman Brumm who voted "noel. It was brought to the attention of the Council that the lands owned by the Miracle Mile had been zoned as commercial property by Olmsted County before being annexed to the City. However, according to the City Zoning Ordinance, all lands annexed to the City are originally annexed as residential'property. After further discussion a. motion was made by Davis, second by Thiem, that the City up Attorney prepare an amendment to the Zoning Ordinance which would set/the Miracle Mile property and other commercial property recently annexed to the City, in that area, as commercial property. Discussion was held in regard to Railroad signals on llth Avenue Northeast and also on llth Avenue Northwest. No action was taken on the matter and the City Clerk was requested to bring it in to the next meeting under unfinished business. The matter of renting space on the north side of the building known as the Old Mill Property was discussed. It was stated that the Naegele Poster . Advertising Company had offered $60.00 per unit of 350 square feet and it was recommended that a price of $75.00 be asked -for each 350 square foot unit. Upon motion.by Schroeder, second by Morris, the matter was referred to the Public Grounds -Committee for report. Mr. Claude-H. McQuillan was before the Council in regard to an injury claimed by Fabian King, an employee of the City Engineer's Department. He stated that Mr. King had injured his back while working in Mankato on the flood emergency. Upon motion by Brumm, second by Morris, the matt.er.was referred to the Street & Alley Committee and the City Engineer. Upon motion by, Brumm, second by Schroeder, until 7:30 o'clock P. M. on December 15, 1952. the meeting was adjourned City Clerk n L • 1 1 U