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HomeMy WebLinkAbout10-01-1956Record of Official Proceedings of the Common Council • of the City of Rochester, Minn., October 1, . 1956 2471 1 1 • 1 G F L 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 October 1, 19560 President Bach called the meeting to order at 2:00 o'clock P. M., the following members being present: President Bach, Aldermen Moody, Schroeder, Schwanke, Tingley, Whiting. Alderman Anderson arrived at 4i 45 P. m. Upon motion by Moody, second by Tingley, the minutes of the meeting of September 17, 1956 were approved. President Bach stated this as being the time and place set for the following hearings: Hearing on the levying of sPiScial assessments for construction of a sanitary sewer in 3rd Avenue Northwest from a point 76 feet north of the south line of Outiot 4, Northern Addition to the north line of Outlot 4. There was no one present wishing to be heard. Hearing on the levying of special assessments for construction of a sanitary sewer in 3rd Avenue Northwest from i4th Street Northwest to a point 76 feet north of the south line of Outlot 4,.Northern Addition. There was no one present wishing 'to be heard* Hearing on the levying of special assessments for grading and surfacing 14th Street and '19th Avenue Northwest in Valleyhigh Addition. There was •no "one present wishing to be heard. Hearing on the levying of special assessments for the construction of a sanitary sewer and waster- main in 14th Street and 19th Avenue Northwest 'in Valleyhigh Addition. There was no one present wishing to be heard. Hearing on the levying of special assessments for construction of a curb and gutter on 6th Street Southwest fronting Lots 1, 2, 3 and 4 of $rofchalk's Addition. There'', was no one present wishing to be heard. Hearing on the levying of special assessments for construction of a curb and g utter,on 151 Avenue Northwest from 14th to 16th Street Northwest and on the north side of 14th Street Northwest and on the south side of 16th Street Northwest from i block west of 15J Avenue Northwest in Bielenberg & Giese Third Addition. There was no one,present wishing to be heard. Hearing on the levying of special assessments for construction of a curb and gutter on Sth Avenue Southwest from Memorial Parkway to ll* Street Southwest. There was no one present wishing to be heard. Hearing on condemnation of easements through Block 9, Manley's Sub -Div- ision; Lot 6 of Sub -Division of Outlot No. 1 of Nielson's Sub -Division; Lots 88, 99 and 101 of Auditor's Plat I'B"; and Block S, Northern Addition, all in the City of Rochester, Olmsted County, Minnesota. There was no one present wishing to be heard. A report submitted by the Commissioners appointed by resolution of the 0 248 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., October 1, 1956 Common Council adopted on September 4, 1956, reporting to the Common Council the actions and conclusions in said condemnation proceedings, was read and ordered placed on file. Aldermen Tingley then introduced a resolution affirming the report as submitted by the Commissioners on the condemnation of easements through Block 9, Manley's Sub -Division; Lot 6, of Sub-Divisionof Outlot . No. One of Nielson's Sub - Division; Lots 88, 89 and 101 of Auditor's Plat "BH; and Block 8, Northern Addition and awarding damages therefore, which was read. _A motion was made by Alderman Whiting that the said resolution be adopted as read and that with respect to the awardmade in connection with Lot 88, Auditor's Plat "B" that the City Attorney • be authorized to determine whether the award be paid to the persons named or the District Court.of Olmsted County, Minnesota until the parties entitled thereto shall substantiate their claim. Alderman Schwauke seconded the motion and all voted in favor thereof. A letter from the Izaak Walton League requesting permission to hold a bingo game at their 14th annual mulligan festival on September 29, 1956 was read and the same was ordered placed on file. A letter addressed to Mayor McQuillan from Palter T. Bruzek, Chapter Chairman of the American National Red Cross, thanking the City for giving leave to Mr. F.. E. Merry who took charge of the First Aid at Plowville was read and th,e same was ordered placed on file. A letter signed by Ernest Oeltgen, George Fenske, Milan Laudon, Ray Blazing, R. C. Nesler, Lester Boelsch, Carrel Sisco and A. W. Towey employees of the Health Department asking for a 20% raise in their salaries. and requesting a hearing with the Council before the budget was set was read and the same was ordered placed on file. A petition signed by 9 property owners, requesting that a curb and gutter be constructed on the south side of 1st Street Northwest between 13th and 16th Avenues Northwest,. was read and upon motion by Whiting, second by Moody, the same • was referred to the Street & Alley Committee and the City Engineer. The following resolution adopted by the Public Utility Board was read and President Bach ordered the same placed on files "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 a contract with FENSEL ELECTRICAL SUPPLY COMPANY of Fairmaout, Minnesota for the furnishing, in accordance with specifications on file, of; 30,000 pounds 4/0 Aluminum Conductor /0 2,500 pounds 1Aluminum Conductor 1,000 pounds Aluminum Conductor the total amount of the said contract to be EN THOUSAND FOUR HUNDRED AND NINETY DOLLARS AND TEN CENTS ($10,490.101 and the said Fensel Electrical Supply Company being the lowest responsible bidder." A plat of the following described land to be known as Sonnenberg's Addition was presented; Record of Official Proceedings of the Common Council • of the City -of Rochester, Minn., 249 1 1 • 1 • 1 "Commencing at the Northeast corner of the Southeast } of Section 26- Township 107 North of Range 14 West and running thence south along the east line of said section a distance of 723.46 feet to the south line of 17th Street Northeast, thence west along the south line of 17th Street Northeast a distance of 300.08 feet for a place of beginning, thence south along the west line of Gregg's Addition a distance of 675,16 feet to the Southwest corner of said Gregg's Addition, thence west a distance of 390.44 feet to the Northwest corner of Igo ' s Subdivision and the east right of way line of Trunk Highway No. 63, thence Northeasterly along said right of way line'a distance of 722.73 feet to the south line of 17th Street Northeast, thence east along the south line of said 17th-Street a distance of 132.52 feet to the place of beginning." The recommendation of the Planning and Zoning Commission that Sonnenberg Plat was approved as to lot layout and street arrangement was read together with a letter from the City Engineer stating that the revised plat of Sonneuberg's Addition was now complete and, recommended its approval. A motion was made by Alderman Whiting that the recommendations of the Planning & Zoning Commission and the City Engineer be accepted and the City Attorney was instructed to draft a resolution accepting the plat.. Alderman Moody seconded the motion and all voted in favor thereof. A letter from Richard Be Ellingson, M. D. asking that the Council reconsider his request for a reserved parking space adjacent to the First National Bank Building was read and upon motion by Schwanke, second by Schroeder, the request was referred to the Police Committee and the Chief of Police. All voted who in favor of the motion, except Alderman Tingley/voted anon. The request of The Kruse Company to make the following improvements to the South Home Addition was read: Sanitary sewer, water main, street grading and base construction and bituminous surfacing, sanitary sewer and water service connections stubed in to boulevard. The following recommendation of the Street & Alley Committee was then read: "Honorable Mayor & Common Council Of the City of Rochester, Minnesota Ge rit 1 emen: We, the undersigned, recommend that the Kruse Company's request to make the public improvements in Southhome..Addition at their own expense be granted and the City Attorney be instructed to prepare a contract agreement. We further recommend that the City bear the cost of the South one-half of 8J Street S. E. which lies within Slatterly Park, and that the completion date of the work be July 15, 1957• Respe ctf ully, (A. G. Whiting STREET & ALLEY COMMITTEE (Raymond C. Schroeder aul J. Schwanke Upon motion by Tingley, second by Moody, the recommendation of the Street & Alley Committee was approved. All voted in favor of the motion. The following letter from Ralph E1-lingwood was read: aTo the Hon. Mayor, Claude H. Mcquillan and Common Council Gentlemen: I herewith submit the following for your consideration relative to editorial work, assembly of data, writing and other sdrvices needed for publication of an annual City of Rochester report. • 250 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., October 1. 1956 Preliminary work on the report should be begun soon. Because of absence of precedent on which to base a proposal and because -of feasibility of doing the work on a part-time basis, I feel that, for .the present, at least, an hourly compensation arrangement mould be the most satisfactory. Should you feel that a fixed figure for the.entire service is more desirable, I should be happy to enter into an agreement on one. For your consideration I suggest an hourly rate reflecting a figure to be entered into by mutual agreement. Very truly yours, /s RALPH L. ELLINGWOOD" Mayor McQuillan reported that he and Alderman Schroeder had met with Mr. Dllingwood and discussed the report. He stated that they felt this report would entail a lot of detail and that he should start on the preliminary work as soon as possible. A motion was, made by Alderman Whiting that the verbal report be approved and Mr. E'llingwood be authorized to start on the preliminary work. Alderman Tingley seconded the motion and all voted in favor thereof. A letter signed by Ralph Buske, Recording Secretary of the Local 681, Brotherhood of Pednters. Decorators and Paperhangers of America, in regard to local park board employees doing the painting at the swimming pool and other newly con- structed park buildings was read and ordered placed on file. Mayor McQuillan stated that he had discussed the matter with the Park Board and felt sure that they did not want to do anything that was contrary to the Union. Mrs. A. L. Herda was present and requested the Council to reconsider lher request for a variance of the provisions of the Zoning Ordinance for permission Ito have an additional apartment in her building at 430 - 5th Street S. W. After discussing the matter a motion was made by Alderman Tingley io rescind the action taken on September 17, 1956 denying the request of Mrs. Herda to have an additional japartment in her building and that the matter be brought up for further consider- ation. Alderman Schroeder seconded the motion and upon roll call and all voting in favor thereof, President Bach declared the motion carried and the previous emotion rescinded. A motion was then made by Alderman Tingley that the recommendation of the Zoning Board, that Mrs. Herda's request be granted, be approved and the City Attorney be instructed to prepare a resolution granting a variance of the provisions of the Zoning Ordinance allowing Mrs, her building at 430 - 5th Street S. W. lall voted in favor thereof. Herds to have an additional apartment in Alderman Schroeder seconded the motion and A letter from Mr. Jack Dillard of Beecroft, Cole & Company Investments, (addressed to Mayor McQuillan, offering to sell $5,000 City of Rochester, Minnesota 11.70% Sewage Disposal Bonds - Series of 1950 due July 1, 1970- at 85.00 was read (and tabled for discussion later in the meeting. Mr. Max Durand, Business Agent for the Teamsters Union, was present land urged the Council to act favorably on a request to be presented for a taxicab 1 1 1 • 1 1 0 Record of Official Proceedings of the Common. Council 1 • of'�,the City of Rochester, Minn., October 1, 1956 rate increase which he felt.would help the cab drivers get higher salaries, which they were in need of. Mr. Joseph H. Dingle, Attorney representing both the Yellot Cab Company and the Vets Cab Company, presented the following proposed ordinance amendment to Ordinance No. 922: "BE IT RESOLVED, That Section 11 of Ordinance No. 922 be amended to read as follows: Section 11. Rates of Fare - Rate Card Required. Neither the grantee nor any of his agents, employees or drivers shall charge a greater or lesser sum for the use of taxicabs than in accordance with the following rates: (a) For eight (S) passengers or less, for the first one-third (113) mile or fraction thereof, 350; f.or each succeeding one-third (lf 3) mile or fraction thereof, 10¢. • (b) A charge of 500 may be made for each steamer trunk, but no charge shall be made for the usual hand luggage of a passenger. (c) For waitin time, 10¢ for each one and one-half minutes (1) or fraction thereof after the first one and one-half minutes (1j). (d) A flat charge of 400 may be made for each adult passenger from or to the railroad or bus depot from or to any hotel, rooming house, or the Mayo Clinic, The City Clerk shall issue a rate card for every taxicab operated under this franchise setting forth the authorized rates of fare. This rate card shhll be displayed in every taxicab in such a place as to be in plain view of all passengers." A motion was then made by Alderman Schwanke, second by Alderman Schroeder, instr- ucting the City Attorney to prepare an amendment to Ordinance No. 922 conforming with the above request. All voted in favor of the motion. Mr. Kenneth Carlson of 1409 - 14th Avenue Northeast was again present and inquired if 'anything had been done about giving protection or installing .traffic signals at the intersection of 14th Avenue and 14th Street Northeast. James J. Macken,, Jr., Chief of Police, stated that on the request of the Police Committee he had arranged to have an engineer from the State Highway Department investigate this intersection and that the state engineer did not recommend stop signals at 'this intersection. Discussion was then held on the possibility - of constructing a plank or cinder sidewalk on the north side of 14th Street N. E. from 14th Avenue' down to approximately the Jefferson School,. A motion was made by • Alderman Whiting, second by Alderman Schwanke, that the matter of considering the feasibility of constructing a sidwalk on the north -side of 14th Street Northeast b referred to the Street & Alley Committee and the City Engineer. All voted in favor of the motion. The matter of water system projects, particularly in the Geisinger Hill vicinity, was discussed. The necessity of extending the trunk line sewer west and north to serve the area and the mode of assessments for these projects was also discussed. Mr. Stnaley Moha, Mr. Haven Hodge, Mr. Ray Krofchalk, Mr, Dennis Pierce and Mr. Harold Whiting, were present and assured the Council that they would bring their land into the city if given the water service. After a lengthy discussion Alderman Schwan ke moved that the Common Council o on record officially icislly 252 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., October 1, 1956 • las favoring the following: (1) immediate construction of water towers and wells Ito serve the area North and East of the territorial limits of Northeast Rochester (between U. S. Highway No. 63 and State Aid Road No. 2 and the area North and West of the Northwest territorial limits in Northwest Rochester in the vicinity of Highway No. 52. (2) That the foregoing construction be financed by the levying of special assessments - that areas presently within the City, of Rochester benefited by this construction be currently assessed and -that areas outside the territorial (limits be assessed on a deferred basis - that all property benefited by this construction be assessed on an equal basis insofar_as benefits received will permit. (3) Assuming that at least 20% of each of the -above water pro jecto will be currently assessed against property presently within the territorial limits of the City of Rochester, the Common Council favors the financing of these projects by the issuance of P.J.R. General Obligation Bonds in accordance with provisions of Chapter 429 of the Statutes of the State of Minnesota. Be it further moved that the Public Utility Board be notified of the officialposition and policy hereby established and that the Board be requested to take the necessary action forthwith to implement this policy. Alderman Tingley seconded the motion. All I voted in. favor thereof. Alderman Anderson then moved that the foregoing motion be amended by making the following addition to the policy hereby established by the Council: (4) That future water towers and well construction required in other newly developed areas of the City be assessed and financed as set forth above. Alderman Schroeder seconded the -motion and all voted in favor thereof. Upon motion by Tingley, second by Schwanke, the meeting -was recessed at 5: 45 P. m. until 7: 30 P. m. President Bach called the meeting to order at 7:30 P. m., all members lbeing present. A 'petition signed by George Kerr, Attorney, in the matter of the petition of William P. and Eva E. McGoon requesting a variance in the application of the ete.rms of the Zoning to permit an addition to the McGoon home on less than the required square footage at 1251 - 7th Avenue Southeast, was read. Mr. George Kerr was present and requested the Council to rescind their motion taken on September 17, 1956 denying the petition of Mr. McGoon as he definitely felt that this was a hardship case. Mr. and Mrs. McGoon were also present. After hearing those present a motion was made by Alderman Whiting that the action of the Common Council taken on September 17, 1956 denying the request of Mr. McGoon be rescinded. Alderman.Schroeder seconded .the .motion and upon roll call and &11 voting in favor (thereof, except Alderman Schwanke who voted unou, President Bach decl7ared the motion carried and .the motion passed on September 17, 1956 rescinded. A motion was then made Alderman Anderson that the petition of Mr. McGoon 1 1 1 CJ 1 1 0 Record of Official Proceedings of the Common Council 2 3 • of 'the City of Rochester, Minn., Oc t o b e r 1, 19 !� 1 • 1 11 1 1 be taken under fu rther urther consideration by the Council as a Committee of the Whole and make a report back on this matter at the meeting on October 15, 1956. Alderma Tingley seconded the motion and all voted in favor thereof.: The following petition was read; "TO THE HONORABLE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA We, the undersigned, are purchasers under a contract for deed from Maude E. Sanderson, a widow, dated March 27, 1956, of the following described premises: Lot No. twelve (12) in Block No. -fifty three (53) of the Original Plat of the town, now city, of Rochester, Olmsted"County, Minnesota. The records in the office of the City Clerk of Rochester show that in 1945 a petition was filed with the Common Council of Rochester requesting that this lot, which is across the street from 'the Ranfranz Funeral Home, be zoned as commercial. This petition was referred to the Zoning Commission which acted favorably upon it. At the meeting of the Council held on October 1, 1945, the Council passed a resolution accepting the recommendations of the Zoning Commission. The Council, however, failed to take the final step of passing the ordinance required to make the change effective. However, the building inspector made the change on the city map in his office showing that the above described premises were changed from residential to commercial property, apparently' on the belief that the necessary ordinance was going to be passed. That ',change appeared on his map up to a month ago. I saw this map about the time I entered into the contract to purchase this property and assumed that it was zoned Commercial. Only within the last few weeks, when I had my attorney examine the title to the property and asked him to determine if ti was zoned Commercial; did I: Learn that the final step of passing the ordinance had not been taken. I respectfully request that the Council now take the final step of passing the ordinance changing this property from residential to commercial. Yours very truly, /s Myron Olson /s Joyce M. Olson" Mr. William Schacht, Attorney representing Myron and Joyce Olson, was present and urged that the Council grantthfs request. A motion was made by Schwanke, second by Schroeder, that the matter be referred to -the Zoning Board. thereof. All voted in favor A.motion was then made by Schwanke, second by Whiting,.to reconsider the,i action just taken and upon roll call, all voted in favor thereof. A motion was then made by Alderman Moody that the City Attorney be authorizer) and instructed to prepare an ordinance making the requested change in zoning, in the light of the fact that the property was not rezoned due to inadvertent failure to prepare and present an ordinance. Alderman Anderson seconded the motion and all voted in favor thereof, except Alderman Schroeder and Schwanke, who -voted "no". President Bach stated this is being the time and place set for a hearing' on the proposed change of zoning of Lots 2 and 25, Block 2; Lots 2 and 25, Block 3,' and the balance of Block 4 not already zoned commercial, from a residential to a multiple dwelling zone. The following letter signed by.Bielenberg & Giese was read; 5 4 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., October 1, 1956 "Honorable Mayor & Members of the Common Council Rochester, Minnesota Gentlemen:. Lots 1 & 26, Block 2; Lots 1 & 26, Block 3 and Lot 1, Block 1 Bielenberg & Giese Third Addition already are zoned Multiple Dwelling. In addition to these lots we wised to have Lots 2 & 25, Block 2 and Lots 2 & 25 Block 3, Bielenberg & Giese Third Addition zoned Multiple Dwelling. And the remainder of Block 4 not zoned commercial, Our reason for wanting these lots changed is to provide more lawn space, ample off-street parking and to build not more than four units per lot. With more space the buildings can be constructed semi-ane story with one-half of the basement exposed. The buildings will be approximately no higher than the corresponding houses in the neighborhood. However, if the additional lots are not zoned Multiple Dwelling, the buildings would have to be constructed in more than one story in order to acquire the desired amount of units. The additional space wili, make a more desirable building and will be more attractive to the neighborhood than building on just the lots that are now zoned Multiple Dwelling. The re -zoning of these lots is for the building of rental apart- ments only, and no other use. IP the change is -made, we will be glad to draw up a restriction and record same on the above mentioned property. Respectfully submitted, /s Henry J. Giese /s William Bielenberg /s John Bielenberg" so the following letter from the People of Bielenberg & Giese Third Addition was read:; "Honorable Mayor & Members of the Common Council Rochester, Minnesota Gentlemen: After many discussions and a meeting with the people of Beilenberg & Giese Third Addition wish to withdraw their petition presented to the Council Sept. 17th protesting the granting of a change from residential to multiple dwelling Lots 2 & 25 Block 2 and Lots 2 & 25 Block 3, Bielenberg & Giese Third Addition. This be providing, and only providing, that Mr. William Bielenberg, Mr. John Bielenberg and Mr.. Henry Giese enter into some kind of an agreement in vome legal way which ever is binding forever and a day. This they have consented to do in a form of a letter to us. The below mentioned items we would like to have included as protection for our property in the above mentioned legal manuver.. i. That this agreement be binding forever not only on the present owners of the property,but on any future possible owners of the above mentioned property. 2. That no one will ever construct any building more than four units per lot either on the above mentioned lots or the corner lots next to them, being Lots 1 & 26 Block 2, Lots 1 & 26 Block-3, and Lot 1 Block 1 Bielenberg & Giese Third Addition. 3. That these buildings be constructed only semi one story with one half of the basement exposed and that they will be no higher than the corresponding houses in the neighborhood, as they have promised us. 4. That -they will keep these buildings -in line with the rest of the houses on the street. j. That they provide off street parking for these rental units so far as to avoid any congestion on these corners, as we will have plenty off traffic and congestion as it is vi$h the new High School across the street. Under these provisions and a legal agreement we will withdraw our petition against the re -zoning of the tots mentioned in paragraph one. We still; however protest the re -zoning of the remainder of Block Four to Multiple Dwelling that already is not zoned Commercial. Our reason being that they would have ample Multiple and Commercial property in our area. And that any more would take away from our residential area and depreciate our property. Respectfully submitted, 1 1 • • 1 1 Peoples of Bielenberg & Giese Third Addition" 40 Record of Official Proceedings of the Common Council c , 5 5 • oflthe City of Rochester, Minn., October. 1, 1956 1 1 • 1 1 Mr. Les Lien,ofI1415 - 151 Avenue Northwest, was present representing the people lirving in this vicinity and Mr. L. H. Bielenberg spoke in behalf of the petitioners, The recommendation of the Board,.of Zoning that this petition be granted was also read again. After hearing those present a motion was made by Alderman Schwanke, second by Alderman Schroeder, that the matter be tabled until the meeting of October 15, 1956, All voted in favor of the motion. The following letter from the Board of Public Health & Welfare was read and upon motion 'by Tingley, second by Schroeder, their request was approved; "The Honorable Mayor and Members_ of the Common Council Rochester, Minnesota Gentlemen: The Board of Public Health and Welfare are re4uests approval of the giving of a leave of absence without pay to .Mr. Gerald Goldschmidt, General Sanitarian, fro advanced studies in sanitation at the University of Minnesota fall quarter term during the period October 1, 1956 through December 23; 1956. The Board is pleased with Mr. Goldschmidt's interest in improving himself for his work and finds it ibossible to arrange for his absence through assignment of his duties princiapily to Mr. Samuel B. Allen and to others of the.staff, as necessary. For this purpose, request is also made to transfer Mr, Samuel B. Allen,, Milk Sanitarian, to 1/2.time on city funds from milk fee funds, during, the period October 1, 1956 through December 23, 1956. Through advanced planning the status of work in the milk program will permit this temporary reassingment. Very truly yours, /s N. A, Christensen, M.. D. President, Board of Public Health and Welfare" The claim of Mu John Holtorf, 205 - 2nd Avenue Northeast, for -damage in the amount of $96030 on his property during the last flood as the -sewers were plugged and also a bill for Mrs. John Laures, one of his tenant% in the amount of $46.00 was read and upon motion by Schwanke, second by Moody, the same was referred to the _Sewer Committee, the City Engineer and the City Attorney. A letter from James J. Macken, Jr. requesting that he be given an opporutnity to be heard by the Council, before the budget is set, in behalf of the following employees in regard to their salaries was read and -ordered placed on file: Flora C.-Anderson General Police Sten&grapher; Margaret Hock, Asst. General Police Stenographer; James Waters, Andrew J. Mc Crudden and Joseph Healey,,•Parking Meter Maintenance and Collections;. William Barden, Assistant to .the City Treasurer; Mark Blanchard, City Painter; and Ivan Boyd, Harold.Weisener and Merlin Mewhorter, Jr. Custodians of the City Hall.. The recommendation of the Street & Alley Committee that the request to vacate the .utility easements on several lots in Peck's 4th Addition and Peck's Drive which have been replated as Dodge's Replat be approved and vacating proceeds be insttttzted was 'read and upon motion by Whiting, second by Schroeder, the recommendation was approved and the City Attorney -was instructed to inaugurate the proceedings. The recommendation of the Street & Alley Committee that the Council. adopt 40 256 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., October 1, 1956 an ordinance requiring property owners•to remove snow from all sidewalks, provide 'means for the City to remove the snow at the owners•expense, if not done within a reasonable time,.was read and upon motion by Moody, second by Schroeder, the recommendation was approved and the City Attorney was instructed to draft such an ordinance. .The recommendation of the Street & Alley Committee that -bids be advertised for furnishing approximately 20,000 yards of compacted fill for the 7th Street Northeast Bridge Approaches was read and upon motion by -Schroeder, second by_ Tingley, the recommendation was approved. The recommendation of the Street & Alley Committee to construct finish • grading, base and bituminous surfacing on 17th Avenue Northeast from 3rd to 5th Street Northeast was read.a nd upon motion by Moody, second by Tingley, the recommendation was approved. The recommendation of the Fire Committee and the Fire Chief that there be no change in the radio maintenance for the Rochester Fire Department at this tipe was read and upon motion by Anderson, second by Moody, the recommendation was approved. The recommendation of the Board of Zoning that the petition -of Obert Mestad to have Lot 11, Block 3, East Rochester Addition (503-4th Avenue S. E.) changed from a residential to a commercial zone be granted was read and upon motion by Whiting, second by Anderson, the recommendation was accepted and a hearing was set for 7:30 p, m. on October 15, 1956. The request of Builders Land .Company that .a uniform 25 foot front set' back be established on -all lots in the Elton Hills Subidivison was read together with the recommendation of the Board of Zoning that their request be granted. Upon motion by Moody, second by Schwanke, the recommendation of the Board of Zoning was approved and the City Attorney was instructed to prepare.a resolution making the .request set back lines. A plat to be known as Henke's Replat of Block 29, Northern Addition was again•presented., The recommendation of the Planning and Zoning Commission that the • plat be approved was read together with .a letter •from C.- A. Armstong, City Engineer, stating•that this plat meets the requirements of the platting ordinance for streets, sanitary sewer, lot sizes and recommending its approval.- He further stated that one city -owned. parcel of land is included and the signatures of City Officials are required and that he wished to point out again that 131 Street which serves this area is an unimproved streets and thought that it .should be graded and surfaced whether or not the abutting owner petition for it. A motion was then made by Schr9eder, second by Moody, instructing the City Attorney to prepare a resolution accepting the plat of Henke's Replat. All voted in favoP. of the motion. The recommendation of the Street & Alley,Sewer and Water Committees that 1� • Record of Official Proceedings of the Common Council • of the City. of Rochester, Minn., Oct ob e r 1, 19 2571 I� 1 11 1 n 1 grading, base and bituminous surfacing, sanitary sewer and water main on 13$ Street Northwest from Broadway to 2nd Avenue Northwest be done, as the committees febl that the development of the north side of 131 Street between Bdwy and 2nd Avenue into commercial and multiple dwelling use demand that the street be con— structed and the utilities installed was read and upon motion by Schroeder, seco by•Schwanke, the recommendation was approved. The request of Lysne Construction Company for a permit to move a house from .1804 North Broadway, south on 2nd Avenue Northeast to 16th Street Northeast, thence west to North Broadway, thence north on North Broadway out of the City limits was read! and upon motion by Schroeder, second by Moody, the permit was granted, said moving to be done under the supervision of the Building Inspector and the Chief of Police. The application of Rochester Bus Lines, Inc.for transfer of bus- liceese No. 22 to a 1956 GMC f43, 31 passenger with 1956 license No. BY 5440 was read and upon motion by Moody, second by Schroeder, the transfer was granted. The.application of Eugene C. Searles for a Journeyman Electricians license was read and upon motion by Moody, second by Schwanke, the license was granted. The application of Hotel Brown for a license to sell soft .drinks was read and, upon motion by Schroeder, second by Moody, the license was granted. The license bond of W. J. HankeeCompany in the amount of $1,00.0.00 with St. Paul Fire and Marine Insurance Company as surety was read and upon motion by Schroeder, second by Moody, the bond was approved, the surety thereon accepted and the same was ordered placed on file. The contract bond of Lyon Chemicals, Inc. in the amount of $1,903,44 with the St. Paul Mercury Insurance Company as surety was read and the same was referred to the ',Mayor for his approval. The reports of the Clerk of Municipal Court for the week ended Sept. 14, 1956 showing total criminal fines and costa collected $1,913.00 and 'civil fees received $5.25 and for the week ended Sept. 21, 1956 showing total criminal fines and costs collected $1,421.00 and civil fees received $7.55 were each read and having been approved by the City -Attorney, President Bach ordered the same placed on file. A letter from Builders Land Company transmitting a copy of the proposed plat for Elton Hills, Second Addition and showing the street arrangement and lotting pattern they intended to follow was read together with a recommendation from the Planning and Zoning Commission that this plat be'approved. A motion was made, by Schroeder, second by Tingley, that this matter be tabled until the meeting of October 15,. 1956. The following resolutions were each introduced and read and President 0 258 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., October 1, 1956 • Bach declared the same duly passed and adopted: Resolution levying special assessments for the construction of a sanitary sewer, water main and sewer and water service connections and engineering costs in 4th Avenue Northwest and 16th Street Northwest in Lemke's Sub -Division. .Upon motion �by.Anderson, second by Moody, resolution adopted. Resolution levying special _assessments for the grading, base construction and bituminous surfacing in 4th Avenue Northwest and 16th Street Northwest in Lemke's Sub -Division. Upon motion by Moody, second by Schroeder,resolution adopted. Resolution levying special assessments for construction of sanitary sewer in 3rd Avenue Northwest from 14th Street Northwest to a point 76 feet north of the south line of Outlot. 4, Northern Addition and in 3rd Avenue Northwest from a. point 76 feet north of the south line of Outlot 4 to the north line of Outlot 4, Northern ddition. Upon motion by Schroeder, second by Schwanke, resolution adopted. Resolution levying special assessments for grading, base construction• and ituminous surfacing in 8th Avenue Northwest and 15th Street Northwest in ashington Sub -Division. Upon motion by Schmanke, second by Tingley, resolution dopted. Resolution levying special assessments for construction of a sanitary sewer, water main, sewer and water service connections and engineering costs in Sth Avenue Northwest and 15th Street Northwest in Washington Sub -Division. Upon otion by Tingley, second by Whiting, resolution adopted, Resolution levying special assessments for construction of a curb and - utter in Bielenberg & Giese Third Addition. Upon motion by Whiting, second by nderson, resolution adopted. Resolution levying special assessments for construction of a sanitary ewer, water main and engineering costs in lot Street Northeast from llth Avenue to 3th Avenue Northeast to service Lots 1-7 of Harden's Replat of Outlot 1, Stebbins ddition. Upon motion by Anderson, second by Moody, resolution adopted. Resolution levying special assessments for grading, base construction and ituminous surfacing in 1st Street Northeast from llth to 13th Avenue Northeast to ervice Lots 1-7, of Harden's Replat of Outlot 1, Stebbin's Addition. Upon motion Moody, second by Schroeder, resolution adopted. Resolution ordering bids for the furnishing of 20,000 yards of compacted Ill for the 7th Street Northeast Bridge approaches. Upon motion by Schwancke, econd by Tingley, resolution adopted. Resolution ordering a hearing on the vacation and abandonment of easements n Peck's Drive Northeast. Upon motion by Tingley, second by Whiting, resolution dopted, Resolution authorizing Mayor and City Clerk to enter into an agreement ith the State of Minnesota, Department of Highways. Upon motion by Whiting, second 1 • 1 • 1 L y Anderson, resolution adopted. • Record of Official Proceedings of the Common Council • of',the City of Rochester, Minn., October 1, t 1956 i 2591 I 1 • 1 • 1 1 Resolution authorizing the Public Utility Board to enter into contract with Fensel Electrical Supply Company. Upon motion by Anderson, second by Moody, resolution adopted. Resolution ordering a hearing on the levying of special assessments for the construction of a curb and gutter on Sth Avenue Southwest from Memorial Park- way to 11* Street Southwest. Upon motion by Moody, second by Schroeder, resolut- ion adopted. Resolution ordering a hearing on the levying of special assessments for the construction of a curb and gutter on the south side of Graham Court, east of 15th Avenue Southeast. Upon motion by Schroeder, second by Schwanke, resolution adopted. Resolution ordering a hearing on the levying of special assessments for C the construction of a curb and gutter on 6th Street Southeast from the bridge to loth Avenue Southeast. Upon motion by Schwanke, second by Tingley, resolution adopted. Resolution ordering a first hearing on the finish grading, base construct. ion and bituminous surfacing on 17th Avenue Northeast from 3rd to 5th Street North- east, Upon motion by Tingley, second by Whiting, resolution adopted. Resolution appropriating $23,00 from the Street & Alley Fund, $197, 50 from.the Sewer Fund, $245,00 from the Parking Meter Fund and $134.95 from the Lighting Fund and ordering payment made to Viker & Sorenson, $210.50; Magee Hale Park 0 Meter Company,. $245.-00 and the City of Rochester, Public Utilities, $380.66 Upon motion by Tingley, second by Whiting, resolution adopted. Resolution appropriating $30.96 from the General Fund, •$1, 219.40 from the l Street & Alley Fund and .$357.47 from the .Sewer Fund- and ordering payment made to Patterson Rock Products, $523..59; Public Works Equipment Company, $784.24 and Neeaah:Foundry Company, $300.00. Upon motion by Anderson, second by Moodry, resole ution adopted. Resolution appropriating $2,09 5.51 from the Bridge Fund and ordering payment made to L. M. Feller Company* Upon motion by Moody, second by Schroeder, resolution adopted. Resolution appropriating $5.004,67 from the General Fund and ordering payment -made to Library Fund, $3,430.00; Dresser Trap Rock Company, $707.26; Mayo Civic Auditorium,, $320.00 and Chicago & N.. W., Railway Company, $545.41. Tip on motion by Schroeder, second by Schwanke, resolution adopted. Resolution appropriating $513.38 from the Street & Alley Fund and orders payment made to Stephen. B.- Woodward. Upon motion by Schwanke, second by Tingley, resolution adopted. Resolution appropriating $3,291.46.from the P. 1. R. Fund and ordering 0 P - 260 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., October. 1. 1956 payment made to Carlisle G. Fraser. Upon motion by Tingley, second'by Whiting, resolution adopted. Resolution appropriating $545.30 from the P. I. R. Fund and ordering pay- ment made to H. T. Earle, Sr. 'Upon motion by Whiting, second by Anderson, resolut- ion adopted. Resolution appropriating $1,065.66 from the P. I. R. Fund and ordering payment made to 0. M. Boutelle & Son. Upon motion by Anderson, second by Moody, resolution adopted. Resolution appropriating $4, 476.28 from the P. I. R. Fund and ordering payment made to Leon; Joyce. Upon motion by Moody, second by Schroeder, resolution adopted. Resolution appropriating $2,619.97 from the P. I. R. Fund and ordering payment made to Doyle Conner Company. Upon motion by Schroeder, second by Schwanke, resolution adopted. Resolution appropriating $441.34 from the P. I. R. Fund andordering payment to H. T. Earle, Sr. Upon motion by Tingley, second by Whiting, resolution adopted. Resolution appropriating $29844.73 from the P..I. R. Fund and ordering payment made to Carlisle G. Fraser. Upon motion by Whiting, second by Anderson, resolution adopted. Resolution appropriating $1, 767.27 'from the P. I. R. Fund and ordering payment made to Qarlisle G. Fraser. Upon motion by Anderson, second by Moody, jr.esolution adopted. Resolution appropriating $2, 938, 75 from the P._ I. R. Fund and ordering 1payment made to Carlisle G. Fraser. Upon motion .by Moody, second by Schroeder,. (resolution adopted. Resolution appropriating $1,375.75 from the-P. I. R. Fund and ordering payment made to Doyle Conner Company. Upon motion by. Moody, second by Schroeder esolution adopted. I Resolution appropriating $236956 from the P. I. R. Fund and ordering (payment made to Doyle Conner Company. Upon motion by Schroeder, second by Schwanke,. (resolution adopted. Resolution appropriating $1,408.94 from the P. I. R. Fund and ordering payment made to Doyle Conner Company. Upon motion by Schwanke., second by'Tingley, resolution adopted. Re.solutio.n .appropriating $1,243.O8 from the P.. I. fi. Fund and ordering 1payment made to 0. No B.outelle & Sons. Upon,motion by Tingley, second by Whiting, Ire -solution adopted. Resolution appropriating $746946 from the P. I.•R. Fund and ordering payment made to Carlisle G. Fraser. Upon motion by Whiting, second by Anderson, resolution adopted. Resolution appropriating $1,454.25 from the P. I. R. Fund and ordering 1 1 • 1 • I- I 11 Record of Official Proceedings of the Common Council 1 • of 'the City of Rochester, Minn., October 1. 1956 payment made to H.. T. Earle, Sr. Upon motion by Anderson, second by Moody, resolu=- tion adopted. Resolution appropriating $510.34 from the General Fund and ordering pay- ment made to Andrew L. Koehnen. Upon motion by Moody, second by Schroeder, re.solu- tion adopted. Resolution appropriating $592.40 from the Fire Protection Fund and ordering payment made to Mine Safety Appliance Company. Upon motion by Schroeder, second by Schwanke, resolution adopted. Resoluti'yon appropriating $4,423.75 from the General Fund; $590.00 from the Sewer Fund; $2,T16.85 from the Park Improvement Fund and $98.55 from the Lighting • Fund and ordering payment made to Mayo Civic Auditorium Revolving Fund, $1,9TO.65; City of Rochester, P. U., $844.75; Neenah Foundry Company, $590.00; •Arthur Hansen, State Treasurer, $3,605.82; Standard Oil Company, $243.93 and The Mayo Clinic, $574.00. Upon motion by Schroeder, second by Tingley, resolution adopted. Resolution appropriating $543,01 from the Police Protection Fund and $1,1T0.35 from the', Bridge fund and ordering payment _made to Leitzen. Concrete Products $204.00; City of Rochester, P. U. , $966. 35 . and Universal Motors, Inc., $543.01. Upon motion by Tingley, second by Whiting, resolution adopted*. Resolution appropriating $2,958.22 from the General Fund, $4,86 from the Street & Alley Fund, $54.2T from the Fire Protection Fund and $27.23 from the Lighting Fund and ordering payment made to Standard Oil Company, $1,190.50; L. &. Sickels Company, $60T.66; Toltz, King & Day, $980.06 and the City of Rochester, Public Utilities, $266.36. Upon motion by Whiting, second by Anderson, resolution adopted. The following claims were each read:and upon motion by Schwanke, second by Moody, the same!vere approved and the Mayor and City Clerk were authorized and directed to draw warrants upon the City Treasurer and make payments accordingly. - From they -General Fund: -Co A. Cottingham, $10,00; Clerk of Municipal Court, $10.64; Holmes Hemphill Company, $127,25; Glendenning Motorways, Inc., $3.09; • Rochester Orthopedic Appliances, Inc., $1500; Dr. Hubert A. Ilstrup, $19.00; St. Mary's, $13.25; Wm: -L. -Burrows, $31.95; Robert Ludescher, $106. 56; Rochester Transfer & Storage Co., $2125; Tom Moore, Register of Deeds, $4..50; Paul Plants, $35.63; garnet Spring, $32.140; Charles Dornack, $34, 65; Radio Station KRo0, $30.00; Lester Christopherson, $173.76; Gladys Danford; $100.00; Mpls. Blue Printing CO., $100.00; Louis Hemker, $154.95; Mrs. Richard Ferber, $57.00; Borchert Ingersoll, ' $118.70; Albin®on, $8.08; Anna Drews, $20.00; Public Administration Service, $10920; Coop. Oil Company, $59.65; Adams Book Store, $4, 50; Fire & Safety, Inc,, $9.14; Herbert G. Knopp, $33.96; Walter S. Booth & Son, $23.71; Universal Motors, Inc., $50.41; State Of Minnesota, Dept'. 'of Highways, $4.00; Tom Moore, $27.00; Norma Amundsen, $25.00; Lei tzen Concrete, $32.00; Witte Transportation, $2.25; Peoples Natural Gas, $1,00. P 2b2 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., October 1, 1956 From the Street & Alley Fund: Marvin Hemker, $2.90; Universal Motors, Inc., $3.19; Public Works Equipment Co., $150.63; Public Works Equipment Company, $156.26; Wm. H. Ziegler Co., $173.61; Witte Transportation, $18,00; General Trading Co., $57.19; Herbert G. Knopp, $40.00; Twin City Testing Engineering Lab., $13.32; R. C. Drips Grocer Co., $4.30; Peoples Natural Gas, $7.83; Devoe & Raynolds, $4.46 Defter Paper & Marine Supply, $12.65, From the Fire Protection Funcl: Rochester Soft Water, $4.00; Fire Safety Inc. , $18. 79; Devoe & Raynolds, $2.01; Schmidt Printing Co. , $2.80; Dieter Paper & Marine Supply, $4.95; General Trading Company, ' $32. 95; " Modern Floor Covering, $4.00; From the P. I. R. Fund: C. M. Boutelle & Sons, $95.44 ' From the Sewer Fund: Witte Transportation, $18.25;. Fullerton Lumber Co., $36.00; Peoples Natural Gas, $3.43; Continental Oil Company, $44:20; National Bushing & Parts, $3.45; Red Wing Sewer Pipe Corp., $79. 82; Department of P. U. , $25. 63; E. ' T. Watkins Electric ' Moto# Service, $3. 44; Theodore Franke, $50.00; M. F. Little, $50e0O; Lynn Duncanson, $50.00; Eco, Inc., $7.50; and R. C. Drips Grocer Co. , $21.6-70 From the Police Protection Fund: 8euben'A. Aieck, $40.00; James J. IMakcen, Jr., $6.75; A. 'M. Nelson, $15.80; Home Gas Company, $3.50; H. B. Allen, Inc., 1$9 5. 00. From the Parking Meter Fund: 1 Co. ; $18.00 and Swarts Brothers, _ $35.82. Fullerton Lumber Go*, $7, 50; Schmidt Printing Alderman Schwan ke introduced a resolution appointing Mr. James Claydon to the panel to consider the adjustment of a wage grievance of the parking Lot employees of the Street & Alley Department. Upon motion by Schroeder, second by jAnderson, resolution adopted. Alderman Moody instrocuted a resolution granting a variance in the Zoning Ordinance to permit the First Methodist Church to build up to a line 14 feet south (of its north property line on 4th'Street Southwest and to build up to a line 14 feet' north of 'its south property line, affecting Lots 1, 2, 3 and 4, parts of Lots "5, 6, T and 8 and the vacated alley in Block 3, Head & McMahon's Addition and parts of Lots 3, 4, 5,- 6 and 7, Block 5, Original Plat. Upon motion by Moody, second by Schroeder, resolution adopted. Alderman Whiting introduced a resolution granting a variance in the provisions —of the Zoning Ordinance so as to permit the remodeling and construction of an additional family dwelling unit In 'the apartment building located on the north 86 feet of Lot 1, Block,4, Head and McMahon's Addition,030-5th St. S.W.). Upon motion by Schwanke, second by Tingley, resolution adopted. Alderman Anderson introduced a resolution authorizing the Mayor and City Clerk -to execute an agreement with the Kruse Company concerning construction of certain improvements in Soutit Home Addition. Upon motion by Tingley, second by I. 1 • 1 • 1 1 Whiting, resolution adopted. 0 Record of Official Proceedings of the Common Council 2 63 • of the City of Rochester, Minn., October.l. 1956 1 1 • 1 • 1 0 An Ordinance amending an ordinance entitled, "An Ordinance for the purpo of promoting health, safety, order, convenience and general welfareby regulating the use of land, ,,the location, size, use and height of buildings, and the arrange- ment of buildings on -lot : s, and the density of population within the City of Rochester, Minnesota, all in accordance with a somprehensiveplan"(change Lots 16 and 17, Northgate Addition to commercial zone) was given its first reading. Upon motion by Schwanke, second by Schroeder der, and upon roll call and all voting in favor thereof, the rules were suspended and the ordinance was given its second reading. An Ordinance establishing a pedestrian crosswalk on Second Street South- west between EleQenth and Twelfth Avenue Southwest, was given its first reading. TTpon motion by Schroeder, second by Moody, 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 Schwanke, second by Schroeder, 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 Tingley, second by Anderson, that the said Ordinance be adopted as read, and all voting in favor thereof, Presidnet Bach declared the said ordinance. duly passed and adopted. R. V. Ehrick, City Attorney, stated that the daughter of Minnie Hare of Royal Oaks, Michigan, had presented a claim for injury in the amount of $39.00 for injuries sustained from a fall on the sidewalk. A motion was made by Alderman Schwanke, second by Alderman Whiting, that the City Attorney be authorized to settle this case for this amount if possible. All voted in favor of the motion. The matter of giving a donation to the Rochester Mustang Hockey Assn. as requested in their letter dated September 4. 1956 was again brought up. A motion was made by Alderman Whiting that the City appropirate $375.00 for the Rochester Mustang'Hockey Association, to be'paid in this manner, of the rent until the 375.00 is exhausted. President -Bach declared the motion lost 'f or want of a second. Dr. Robert E. Adams of 1412 - 14th Avenue Northeast was present and again inquired what had"been about taking care of the traffic hazard at the corner of 14th Avenue and 14th Street Northeast. He was informed that the Council had studied the feasibility of -installing a traffic signal, "and did not feel that a signal should be installed here, but that the matter had been referred to the Street & Alle Committee and City Engineer to consider the feasibility of constructing a sidewalk on the north side ';of 14th Street N. E. Upon motion by Sohwanke, second by Tingley, the meeting was adjourned until 7:30 o'clock P..M. on Monday, October 15, 1956. Ci Clerk