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HomeMy WebLinkAbout12-03-1956Record of Official Proceedings of the Common Council • 321 of the City. of Rochester, Minn., December 3, 1956 Minutes of a regular meeting of the Common Council of he i f gu g t City y o Rochester, Minnes.ota,' held in the Council Chambers in the City Hall, in said City, on December 2, 1956. President Bach called the meeting to order at 2:00 p.m., the following members being present: President Bach, Aldermen Anderson, Moody, Schroeder, Schwanke, Tingley, Whiting. Upon motAon by Moody, second by Whiting, the minutes of the meetings of November l9th and 20th, 1956 were approved. President Bach stated this as being the time and place set for the fol- lowing hearings: Hearing on the levying of special assessments for construction of a sanitary sewer, water main, grading, base construction and bituminous surfacing in Plummer's Lane in Belmont Slopes Second Addition. There was no one,present wishing to be heard. Hearing on the levying of special assessments for resurfacing 5th Street Southwest from 8th to 9th' Avenue Southwest with asphalt concrete. There was no one present wishing to be heard. Hearing on the levying of special assessments for resurfacing certain streets in Southwest Rochester with asphalt concrete. (6th Street Southwest from 7th to loth Avenue Southwest; 6th Street Southwest from Broadway to 2nd Avenue Southwest; 1st Avenue Southwest from 5th to 6th.Street SouthLwest; 3rd Street Southwest from 6.th Avenue to 2 Block West of Sth Avenue Southwest; 9th Avenue Southwest from 2nd to 4th Street Southwest; 9th Avenue Southwest from 7th to 9th Street Southwest; loth Avenue Southwest from 6th to Sth Street S.outhwest; Sth Avenue Southwest ,from 3rd to *7th Street Southwest; 8th Avenue Southwest from 8th to 9th Street Southwest. There was no one present wishing to be heard. A petition signed by Robert G. Gill, Chas. C. Passe and Prank Schartau to have Lot 5, Block 3, Gonderman & Thiel Sub -division changed from a residential to a commercial zone was read and upon motion by Whiting, second by Tingley, the • same was referred to the Board of "dining. Mr. Frank Schartau was present and requested that the Council reconsider their action take',n previously on changing the zoning of Lots 5 and 6, Block 2, Gonderman & Thiell's Addition. A group of property owners in that vicinity were again present and! protested the requested change in zoning. After discussing the matter a motion was -made by Alderman Whiting.that the action taken by the Common Council on November 19, 1956, in denying the change of zoning of hots 5 and 6, Block 2, Gonderman & Thiel's Addition, be.rescinded.­� Alderman Schwanke seconded the motion and upon roll call and Aldermen Moody, Schwanke, Tingley, Whiting and President Bach voting in favor of the motion and Aldermen -Anderson and Schroeder voting "no", President Bach declared the motion carried. 322 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., December 3, 1956 • A motion was then made by Alderman Schwanke, second by Alderman Whiting, ,that the recommendation of the Board of Zoning that Lots 5 and 6, Block 2, Gonderman and Thiele Snb-division be changed from a residential to a -commercial zone and that the. City Attorney be instructed. to draft an ordinance making the requested zone change. Upon roll call and ,Aldermen Anderson, Moody and Schroeder voting "no" and Aldermen Schwanke, Tingley, Whiting and- President Bach vo-ting in favor of the motion, President Bach- declared the motion carried. Mayor McQuillan stated that he felt that this procedure was wrong, that the Council Would have to go through the proceedings' again and that such an amend- ment could not be made without 50% of the owners signing the petition, A petition signed by Roy H. Nordby to have Lot 3, Block 5, Ireland's First jAddition changed from a residential to a commercial zone was read and upon motion by Schwanke, second by Anderson, the same was referred to the Board of Zoning. The petition of Builders Land Company to annex the following described property was again read: All that part of the Northeast quarter of -Section 27, Township 107 North, Range 14 West -which lies Easterly of the following described line: Beginning at point on the North line of said quarter section which is.1227.0 feet East of the Northwest corner of the quarter section, thence South a distance of 1247.0 feet, thence South 3 degrees 8 minutes East a distance of 938,0 feet, thence North. 86 degrees 52 minutes mast a distance of 350.0 feet, thence South 3 degrees 8 minutes East a distance of 490 feet more or less to the South line of the quarter section and there terminating. Also All of the following described part of the Southeast quarter of Section 22, Township 107 North, Range 14 West not.previously brought into the corporate limits of Rochester, dinnesota: Beginning at the Southwest corner of the SE4 of Section 22, thence East along the South line of the said SE4 for a distance of 1621.4 feet, thence Northwesterly at a deflection angle of 95 degrees and 57 minutes left, for a distance of 76.6 feet, thence Northeasterly at a deflection angle of 10 degrees and 43 minr.tes right for a distance of 267.9 feet, thence Northwesterly at a deflection angle of 10 degrees and 59 minutes left, for a'distance of 164.8 feet, thence Northwesterly at a deflection angle of 11 degrees and 06 minutes left for a distance of 341,7 feet, thence Northwesterly at a deflection angle of 5 degrees and 39 minutes left for a distance of 158.6 feet, thence Southwesterly at a deflection angle of 90 degrees and 01 minutes left for a distance of 1088.8 feet, thence Southeasterly at a deflection angle of 80 degrees and 32 minutes left for a distance of 134.7 feet, thence South- westerly at a deflection angle of 78 degrees and 09 minutes right, for a distance of 310.6 feet, thence Northwesterly at a deflection angle of 109 degrees and 45 minutes right for a distance of 144.8 feet, thence Southwesterly at a de- flection angle of 104 degrees and 522 minutes left for 'a distance of 169.9 feet, thence at a deflection angle of 20 degrees and 29� minutes right for a distance of 37.5 feet, to the West line of said SE4, thence South along said quarter section line for a distance od 375.0 feet to the point of beginning. A letter signed by C. A. Armstrong, City Engineer, recommending the annexation of this property, with the stipulation that there will be no improvements or building construction undertaken until it is platted was read together with a letter from the Planning and Zoning 'Commission recommending to the Common Council that this property be approved for annexation. Upon motion by Schwanke, second by Schroeder, the -r,ecommendationo were approved and -the City Attorney was 'instructed to prepare a resolution annexing the above -described property. All voted in favor of the {mot ion. A letter from J. C. Penney Company, signed by I. A. "Coon" Swenson, Mgr., 1 1 • 1 1 0 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., December 3, 19 56 1 E • • 1 1 expressing their 'sincere thanks for the splendid job performed, to the Fire Department, Police Department, bight and Water Department,•Building Maspector and all other departments, at the time of the fire at their store, was read and President Bach ordered the same placed on file. A notice of hearing and order in the matter of the application of the Northwestern Bell Telephone Company for an order establishing fair and reasonable rates and charges for telephone service furnished by the company within the State of Minnesota, said hearing to be held at 9:30 o' clock. a. m. on December Is 1956, was read and President Bach ordered the same a.placed on file. The following letter from the Rochester High School Student Council was read and upon motion by Tingley, second by Schroeder, the same was referred to the Police Committee; and Carl Briese, Juvenile Officer: "The Council of the City of Rochester. City Hall Rochester, Minnesota Gentlemen: We are writing,this letter to point out what we believe is a potential weakness in the new curfew ordinance now being considered by the Rochester City Council. - Although there is some doubt in our minds as to the long range feasibLity of an ordinance of this type, we do not question any provision except that concerning the age divisions arbitrarily established. In.its present form the ordinance states that minors under the. age of sixteen years must be off public property between.the hours of 10:30 p. m. and 5:00 a. m. Minors between the ages of sixteen and eig hteen,'years must be off public property between the hours of 12: 00 midnight and 5:00 a.m., If this ordinance is. accepted in its present form, we think that it will create unnatural and unfair social divisions between the predominantly 15 year -old Tenth Grade Class (Sophomore) and the Eleventh and Twelfth Grade Classes. Therefore, we propose that the section on ages should be amended to read: Minors under the age of sixteen years and those who are not officially enrolled as members of the Tenth Grade of both high schools must be off public property between the hours of 10:30 p.m. and 5:00 a.m. Minors between the .ages of sixteen and eighteen years of those 'lcrho have in ,their pssession official student identification tickets certifying that they are members of the loth, llth; or 12th grades must be off public property between the hours of 12:00 midnight and 5: 00 a.m. We think that this change will bring all Senior High students under a, uniform set of rules and will make the ordinance more workable. Very truly yours, Rochester High School Student Counc s/ Kendall Corbin, President" A. letter from Mrs. .Wilsie White of 307 - 17th Street Northeast request- ing that the bus route be extended up around 3rd Avenue and 17th Street Northeast was read and upon motion by •Schwanke, .second by Whiting, the same was referred to the Police Committee. Alderman Whiting introduced an.ordinance annexing to the City of Rochester, Minnesota, part of the Southeast One -quarter of Section Twenty-two, and part of the Northeast One -quarter of Section Twenty-seven both in Township One Hundred Seven North, Range Fourtwen !Nest, in Olmsted County, Minnesota,(Balanc( of Fullerton property), was given its first reading. 0 324 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., December 3 , , 19 5 6 • Upon motion by Whiting, second by Anderson, 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 Anderson, second by Moody, and upon roll call and all voting in favor thereof, the rules were suspended and the ordinance was given its third and final reading. A motion was then made by Moody, second by Schroeder, that the said ordinance be adopted as•read, and all voting in favor thereof, President Bach declared the said resolution duly passed and adopted. The five following resolutions adopted by the Public Utility Board were each read and President Bach ordered the same placed on file; "Be it.and it is:hereby resolved by the Public Utility Board of the City of Rochester, Minnesota that the Common Council of the said City be and is hereby requested to authroize the said Board to enter into a contract with S. M. SUPPLY COMPANY for the furnishing, in accordance with specifications on file, of METERING EQUIPMENT - IBM the total amount of the said contract to be TWO THOUSAND NINE HUNDRED FIFTY-FOUR DOLLARS ($2,954.00) and the said S. M. Supply Company being the lowest responsible bidder." "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 DELTA STAR DIVISION OF - THE H.K. PORTER COMPANY for the furnishing, in accordance with specifications on file, of OUTDOOR SWITCHING STRUCTtTRE-IBM the total amount of the said contract to be FOURTEEN THOUSAND TWO HUNDRED EIGHTY DOLLARS ($14, 280.00) . N "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 GENERAL ELECTRIC COMPANY for the furnishing, in accordance with specifications on file, of SUPERVISORY CONTROL EQUIPMENT -IBM the total amount of the said contract to be THREE THOUSAND EIGHT HUNDRED TWENTY DOLLARS ($3,820.00) and the said General Electric Company being the lowest responsible bidder." "Fe 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 GENERAL ELECTRIC COMPANY for the furnishing, in accordance with specifications on file, of OUTDOOR OIL CIRCUIT BREAKERS -IBM the total amount of the said contract io be THIRTY NINE THOUSAND THREE HUNDRED FIFTY DOLLARS ($39,359.00) and the said. General Electric Company being the lowest responsible bidder." "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 S. M. ,SUPPLY COMPANY for the fu.rnish- ing, in accordance with specifications on file, of OUTDOOR POTENTIAL TRANSFORMERS -IBM the total amount of the said. contract to be EIGHT THOUSAND ONE HUNDRED FORTY-EIGHT DOLLARS ($8,148.00) and the said S. M. Supply Company being the lowest responsible bidder.". A plat of Elton Hills Second Sub -Division was presented to the Council together with the recommendations of the Planning and Zoning Commission -that the plat be accepted; a letter from G. E. Marek, General Manager of Utilities, stating that the plat had sufficient easements to adequately serve each lot with electric 1 1 • 1 • 1 40 Record of Official Proceedings of the Common Council • of the City. of Rochester, Minn., December 3, 19 gi 325 1 • 1 • 1 1 service and also that the streets were laid out so that .their water distribution syetom could be properly installed; and a letter from C. A. Armstrong, City Engineer, stating that the plat met the requirements of Ordinance No. 704. In viewing the plat; Alderman Anderson inquired if any provisions had been made for nlayA;round area or dedication of a portion of land for public purposes. Alderman Moody stated that he also wondered about the dedication of land and also was not in favor of st*.ch long blockswithout any crosswalks. Alderman Tingley also spoke against the street layout. Alderman Schwanke stated.that he felt in approving this plat they were in essence approving the plan for all the property annexed instead of just the plat. After further discussion on the matter a motion was made by Alderman Whiting, second by.. Alderman Schroeder, that the plat of Elton Hills Second Sub -Division be approved and the City Attorney be instructed to prepare a resolution approving the said plat. Upon roll call and Aldermen Anderson, Moody,',Schwanke and Tingley voting nnpn and Aldermen Schroeder and Whiting and President Bach voting "aye", President Bach declared the motion not passed. Mr. Stanley Guth, President of Builders Land Company, then arrived and told the Council'Ithat they had given preliminary approval of the plat on October 22, 1956 and they assumed that it was all right to go ahead. Mayor McQuillan asked Mr. Guth if they had made any provisions for land for park areas or public use and whether or not they would_dedicate 10% of the land or'sell it to the City. Mr. Guth stated that they had not provided park area in Elton Hills Second Sub- division 1?ecause of the school site located in this area, and felt the provision of park area in some other part of the land would be more desirable. As to the dedication of 10% of the land, he said they would want to be in the same position as all the other developers, that is thatythey also -be requested to dedicate 10� of their lands. iAfter hearing Mr. Guth and discussing the matter further, a motioi i was made by Alderman Moody to reconsider the action taken by the Common Council in rejecting the (plat of Elton Hills Second Sv.b-Division. Alderman Anderson stated that since his questions had been a.ns�aered during the discussion, he would second the motion. 'Upon roll call all voted in favor of the motion, except Alderman Tingley;, who voted "no", A motion was then made by Alderman Whiting, second by Alderman Moody, that the plat of ,Elton Hills Second Sub -Division be approved and the City Attorney be instructed to prepare a resolution approving the said plat. 'Upon roll call all voted in favor thereof, except Aldermen Schwanke and Tingley, who voted "no". An Ordinance amending an ordinance entitled, "An Ordinance granting to the Northern Natural Gas Company, a corporation,(operating as Peoples Natural Gas Division), its successors and assigns, a non-exclusive franchise to produce and manufacture and to use the stree,ts,, alleys, and other public p places for the trans- 326 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., De cembe r 3, 19 5 6 • (mission, distribution and sale of gas and prescribing the terms.and conditions of such franch ise(amending' Section 4), was given. its second reading. A resolution authorizing the Mayor and the C-ity_Clerk to execute the contract between the City of Rochester and The Kruse -Company for the grading, -base construction and bituminous surfacing of Granger Court in Block 9, Homestead Addition, vetoed by the Mayor on November 10, 1956 was again read together with the Mayor's veto message. A motion was made by Alderman Whiting that the said resolution be adopted. President Bach declared the motion lost for want of a second. A motion was then made by Alderman Tingley, second by Alderman Schwanke, that the Mayor's veto be tabled until the meeting in the evening. All voted in If avor of the motion, The recommendation of the Street & Alley Committee that a curb and gutter The built on the south side of 1st Street Northwest between 13th and 16th Avenues lNorthwest was read and upon motion by Schroeder, second by Whiting, the recommen- Nation was approved. The following recommendation of the Sewer Committee was read and upon (motion by Schroeder, second by Whiting, -the same was accepted: "Honorable Mayor & Common Council City of Rochester, Minnesota Gentlemen: We recommend that hearings be held and Engineer's report ordered on the petition for construction of a sanitary sewer in 13 St. NW from 2 Ave. NW to a point approximately 300 ft. west. This petition was referred to the Sewer Committee on Nov, 19, 1956. It is signed by 3 parties (2 holding contract for deeds and one a warranty deed) of the 5 properties affected by the improvements. We cannot at this time say that the project is or is not economically feasible if the entire cost is assessed against the property benefitted. It does appear that the cost will be ex- tremely high because of the dead -heading necessary to connect with the existing sewer, and the rock .excavation which will be required. Respectfully, ( Raymond C. Schroeder Sewer Committee ( Paul J. Schwanke ( A. G. Whiting " The following recommendation of the Street & Alley Committee and the City Engineer was read and upon motion by Schroeder, second by Whiting, the same was accepted and the project be delayed until financial support can be obtained and the recommendation was ordered filed in the Bond Committee file. All voted in favor of the motion. "Honorable Mayor & Common Council City of Rochester, Minnesota Gentlemen: The request for a storm sewer on 12 St. NW at loth Ave. NW (Jefferson School) was referred to this- committee on Nov. 20, 1956. To service this area with storm sewer will require the ext- ension of the existing storm sewer in 12th St. NE at 9th Ave. This project is one of the 10 needed storm sewer pso jects listed in the City Engineer's report. of Aug., 6, 1956 to the Council. The 1 11 C, J I � L C� 1 1 0 U Record of Official Proceedings of the Common Council of the City of Rochester, Minn., December 3. 1956 3 1 1 is 1 1 estimated cost of this project from 9th Ave to 12th Ave is $20,197. The "dummy" catch basins referred to in the petition, were built into the concrete curb and gutter when the latter was con- structed in 1950 in anticipation of the storm sewer. Respectfully, ( A. G. Whiting Street & Alley ( Raymond C. Schroeder Committee (.Paul J. Schwanke C. A. Armstrong, City Engineer" The -recommendation of the Police Committee that parking be prohibited at all times o.n -the east side of loth Avenue Southeast, from Center Street to First Street,.and on the north side of First Street Southeast from 10 Avenue to 11 Avenue Southeast was read and -upon motion by Schroeder, second by Anderson, the recommendation was accepted and the City Attorney wgis instructed to prepare a resolution making the changes. All voted in favor of the motion. The recommendation of the Street & Alley Committee that George Leiferman be permitted to make the public improvements in Sonnenberg's Addition at his own expense, upon completion of contract and bond requirements, was read and upon motion -by Tingley, second by Moody, the recommendation was approved. All voted in favor of the motion. The following letter from the City Engineer was read and upon motion by Schroeder, second by 'V;hiting, the City Clerk was instructed to prepare a resolutio: authorizing the execution of the said request: "Honorable Mayor & Common Council City of Rochester, Minnesota Dear Sirs: Attached is, an application form in triplicate for Federal Grant for Sewage Treatment Works which has-been prepared at your request for Federal Aid in the construction of two (2) addition digesters at the! sewage treatment plant, The application requires signature of the Mayor and formal action of the governing body authorizing his action. Application must be submitted before Dec. 15, 1956, and since there .are a number of supplementary informations and exhibits that must be prepared to accompany this application, we request your immediate action.so that we can transmit it to the Consulting Engineers for completion of 'the necessary data. Respectfully, C. A. Armstrong, City Engineer". Two letters from the Chicago North Western Railway System; addressed to Mayor Mcquillan, requesting that -the Council adovt a resolution permitting the removal of the. part-time manual supervision now provided for the automatic crossing protection devices at the North Broadway, First Avenue N. W. and Second Avenue N. W. grade crossings, were each read and upon motion by Schwanke, second by Whiting, the same were referred to the Mayor, the City Engineer and the City Attorney for preparation of a resolution to be presented at the next meeting. All voted in favor of the motion. President -Bach declared a recess at 5:45 P. m; I] 328 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., December 3, 1956 President Bach called the meeting to order at 7:30 P. m. with all members being present except Alderman Schroeder. A plat to be known as Kreter Replat (5th St. N.W.-between Sth and.9th Avenue, near Cascade Creek) was. again presented. C. A. Armstrong, City Engineer, reported that he had sent the plat up to the Park Department to see if they wandted the land dedicated for park purposes but as fret had received no answer. Mr. Tom Moore, Planning Director, stated that he had information that the Park Board did not want the land for park purposes. A motion was then made by Alderman Schwanke, second by Alderman Moody, that the plat be returned to Mr. Kreter and that the dedication of the area for park purposes be changed to read for "public present use". All/voted in favor of the motion. A plat.of Louise's Second Addition and recommendations of the Planning and Zoning Commission and the City Engineer were each again presented. A motion was made by Alderman Schwanke, second by Alderman Anderson, that the plat be returned to the owners, to be changed to meet the street width requirements of the Platting Ordinance (that 17th Avenue Northeast be made a 66,foot street). All present voted in favor of the motion. A resolution authorizing the Mayor and -City Clerk to execute the contract between the City of Rochester and The Kruse Company for the grading, base constr- uction and bituminous surfacing of Granger Court in Block 9, Homestead Addition vetoed by the Mayor on November 10, 1956 was again read together with the Mayor's veto message.' A motion was made by Alderman Whiting that the resolution be adopted as read. Alderman Schwanke seconded the motion. Upon roll call and Aldermen Schwanke and Whiting and President Bach voting in favor of the motion and Aldermen Anderson, Moody and Tingley voting "no", President Bach declared the motion lost. A petition with 139 signatures requesting the Council to acquire Lots 41, 5, 6 and 7, Block 9, Homestead Addition, as and for a playground area for the reasons that the platted street to serve the above mentioned lots is only 33 feet in width, which does not compley with the city ordinance regarding such streets, and that the intersection made with 4th Street and 15th Avenue Southeast will increase the hazards to both pedestrians and automobiles, was read together with the recommendation of the Planning and Zoning Commission as follows: "Hon. Claude H. McQuillan, Mayor and The Common Council of Rochester Re: Homestead Add'. Lots 4, 5, 6 and 7, Block '9 Gentlemen: The Planning and Zoning Commission recommends that the City purchase Lots 4,5,6 and 7, Block 9 in Homestead Addition. It appears to us that when originally laid out the intention was to extend 4th St. S. E. directly east. This is no longer rppears feasible. We also feel that the resulting intersection, if a street is put in, would create a bad intersection at 4th St. and 156h Avenue. The four lots mentioned are contiguous to any already existing 1 1 • I,. • 1 0 Record of Official Proceedings of the Common Council 3 291 of the City of Rochester, Minn., December 3 , 1956 �I 1 • 1 • facilities. Respectfully submitted, PLANNING AND ZONING COMMISSION By: Donald L. Grue, President" President Bach ordered the petition and recommendation placed on file. The report'of the Weed Inspector for the year 1956 was read ar.d Preside Bach ordered the same placed on file. The reports of the Clerk of Municipal Ccurt for the week ending November 23, 1956 shoving total criminal fines and costs collected $1,014.00 and civil fees received $1. 50 and for the week ending November 30, 1956 shwoing total criminal fines and costs collected $1,394.99 and civil fees received $8.85 were each read and having been approved by the.City Attorney, President Bach ordered the same placed', on file. The reports for the month of November, 1956 of the Building Inspector shwoing fees collected for building permits issued $1,549.00; of the Electrical Inspector shoeing fees collected for electrical permits issued $420.75; of the Plumbing Inspector showing fees collected for plumbing permits issued $144.75; of the Heating Inspector showing fees collected for heating permits •issued $40g.75 and fees collected for sign permits issued $5.04 were each read and President Bach ordered the same placed on file. The application for transfer of "on sale" 3.2 beer license No. 992 from Glenn Archer to'Karion Hayes was read and upon motion by Whiting, second by Moody, the transfer was grunted. The applications of Mai -ion Hayes for license to sell cigarettes, soft drinks and "off'sale" 3.2 beer were each read and upon motion by Moody, second by Whiting, the licenses were granted. The recommendation of the Board of Zoning that the petition of Jessica r?a.nes to have Lots 1 and 2 and the east 202 feet of Lot 3, Block 93, Original Plat changed from a residential zone to a multiple dwelling zone be granted was read. Upon motion by Schwanke, second by Whiting, the recommendation wqs accepted and a hearing was set for December i7, 1956 at 7:30 P. m. All presellt;. voted in favor of the motion. Alderman Schwanke introduced the following resolution which was read: " Be it and it is hereby resolved by the Common Council of the City of Rochester, Minnesota: That the said Common Council does hereby assess and levy upon the taxable property in the City of Rochester, for taxes for the year 1956, the amount aggregating $1,761,6o6.35, the following sums being levied for the several funds of said City, viz: For the General Fund $ 449,000.00 For the Street & Alley Fund 140,000.00 For the Fire Protection Fund 410,000.00 For the Bridge Fund --.. For the Sewer Fund 54,000.00 For the Park Improvement Pand-112,000.00 For the Lighting Fund 79, 726.35 For -the Library Fund 72, 520.00 For the Band Fund 17,080.00 it 40 330 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., Ls"'a-Re • �, 17 50 • For the Permanent Improvement Fund 21,290.00 For the Firemen's Relief Fund 28;000.00 For the Police Relief Fund g,400.00 For the F. E. Williams Estate Fund -mom For the Parking Meter Fund --- For the Police Protection Fund 299,600.00 For the Sinking Fund 42,j000.00 Total 1956 Tax Levy $1, 761, 606.35" A motion was made by Alderman Anderson, second by Alderman Moody, that the said resolution be adopted as read, and all voting in favor thereof, President Bach declared the said resolution duly passed and adopted. Alderman Whiting introduced the following resolution which was read: ` "Be it resolved by the. Common Council of the City of Rochester, 'Minnesota: That the resolution passed and adopted on September 21st- 1956 • by the Board of -Education of School District No. 9 levying the sum of $1,963,650.00 upon the taxable property of said School District for the year 1956, be and the same is hereby approved in the sum of $1,g63,650.00." - A motion was made by A lderman Moody, second by Alderman Schwanke, that the said resolution be adopted as read, and all voting in favor thereof, President Bach declared the said resolution duly passed and adopted. The following resolutions were each introduced -and read and -President Bach declared the same duly passed and adopted: _ Resolution accepting change of.. collateral given by the NORTHWESTERN NATIONAL BANK of Rochester, Minnesota. Upon motion by Schwanke, second by Tingles, resolution_ adopted. _ Resolution levying special assessments for the construction of a sanitary sewer and watermain on Plummerts Lane in Belmont Slopes 2nd Addition. Upon motion by Tingley, second by Whiting, resolution adopted. - Resolution levying special assessments for the -grading, base construction and -bituminous surfacing on Plummer's Lane in .Belmont Slopes 2nd Addition,- Upon motion by Whiting, second by Anderson, resolution adopted. _ Resolution authorizing.Public Utility Board to enter into contract with THE S. M. SUPPLY 0014PANY (Metering Equipment - IBM). Upon motion by Anderson, second by Moody, resolution adopted. _ Resolution authorizing Public Utility Board to enter into contract with THE DELTA STAR DIVISION OF THE H. K. PORTER COMPANY (Outdoor Switching Structure IBM). Upon motion by Moody, second by Schwanke, resolution adopted. Resolution authorizing Public Utility Board to enter into contract with THE.GENERAL ELECTRIC COMPANY (Outdoor -Oil Circuit Breakers - IBM). Upon motion. by Schwanke, second by Tingley, resolution adopted. Resolution authorizing Public Utility Board to enter into contract with THE GENERAL ELECTRIC COMPANY (Supervisory Control Equipment - IBM). Upon motion by Ting -ley, second by -Whiting, resolution adopted. Resolution authorizing Public Utility Board to enter into contract with S. N. SUPPLY COMPANY.- ( Outdoor Potential Transformers - IBM). Upon motion by i Record of Official Proceedings of the Common Council 1 • of the City=of Rochester, Minn., December 3, 1956 1 1 • i� 1 Whiting, second by Anderson, resolution adopted. Resolution levying special assessments for the grading, bass construe ion and bituminous surfacing in 4th Avenue Northwest and 16th Street Northwest in Lemke ' s Sub—Divis ion and Rescinding a resolution adopted on October is t, 1956. Upon motion by Moody, second by Schwanke, resolution adopted. Resolution appropriating $12.53 from the General Fund; $452.06 from the Police Protection Fund; $l-S05.65 from the Bridge Fund; $3,279.60 from the Park Improvement Fund and $185.87 from the Parking Meter Fund and ordering payment made to H & H Electric', Company, $221, 65; Universal Motors, Inc, $428.91; City of Rodaster, P. U. , $405.65 and Mayo Civic Auditorium Revolving Fund, $3, 279, 60, � Upon motion by Schwanke, second by Tingley, resolution adopted. Resolution appropriating $226.99 from the General Fund and ordering payment made to Toltz, King & Day, Inc. Upon motion by Tingley, second by Whiting, resolution adopted. Resolution appropriating $36, 775. S0 from the P. I. R. Yand and orderinfi payment made to Carlisle G. Fraser. Upon motion by' Whiting, second by Anderson, ,resolution -adopted. - Resolution appropriating $285.30 from the General•Fund; $44-30 from ,the Park Improvement.Fund and. W6.80 f rom.the Lighting Fund -and -ordering payment made to City of Rochester, Public Utilities. Upon motion by Anderson, second by Moody- resolution, adopted. Resolution,appropriating-$10,792.65 from the•Bridge.Fund,and ordering payment made to Capital Engineering•& Construction Company. Upon motion by Moody, second by Schwanke, resolution adopted. Resolution appropriating $9,550.15,from the Bridge Fund and ordering payment made to Leon Joyce. Upon motion -by Schwanke, second by Tingley, resolution adopted. Resolution authorizing the City Clerk and Mayor to execute contract between the City of Rochester -and George Leiferman for certain improvements in Sonnenberg's Addition. Upon motion jay Tingley, second by Whiting, resolution adopted. Resolution 4ppropriating.$90,875.00 from the General Fund and ordering payment made to Edwin S. Doty, Nellie Doty and The Federal Land Bank of,Saint Paul. Upon motion by whiting, second by.Anderson, resolution adopted. Resolution appropriating $14,000;00 from -the General Fund and ordering Payment made to Grace Lilly. Upon motion by Whiting,_ second by Anderson, resolutiol adopted. Resolution appropriating $30,000,00 from —the General Fund and ordering payment made to Joseph W. Fohrman, Viola C.,Fohrman and William F. Born.. Upon motion by Moody, second by Schwanke, resolution adopted. 0 3 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., December 3, 1956 • Resolution authorizing thb Mayor and City Clerk to execute the application for Federal Grant for Sewage Treatment Works for funds for the construction of additional digesters at the Rochester Sewage Treatment Plant: Upon motion by Schwanke, becond by Tingley, resolution adopted. Resolution ordering first hearing on the construction of a curb and gutter on_ the south side of 1st Street Northwest' betweer_ 13tr_ and 16th Avenue Northwest. Upon motion by Tingley, second by Whiting, resolution adopted. Resolution ordering first hearing on the construction of a sanitary sewer in 13th Street Northwest from 2nd Avenue Northwest,to a point approximately 3001 West. Upon.motion by Whiting, second by Anderson, resolution adopted. Resolution approving the plat of Elton Hills Second Sub -Division, Upon • motion by Anderson, second by Moody, all voted in favor thereof except Aldermen Schwanke and Tingley who voted "no". The following claims were each read and upon motion by Moody, second.by Tingley, the same were approved and the Mayor and City Clerk were authorized and directed to draw warrants upon the City Treasurer and make payments accordingly: From the General Fund: Viktor 0. Wilson, M. D., $137.50; C. A. Armstrong, $26. 00; R.J. Ehrick, $1, 75; Alvin J. Hretka, $49. 75; Ross Browning, $17.90; C. A. Armstrong, $10, 50; C. A. Cottingham, $9.00; Gladys E. Danford, $100.00; Anna Draws, $20.00; Frank Eaton, $9.25; Raymond Si'pley, $9.25; Ralph,Ellingwood, $96.00; Theodore F. Franke, $176.25; Paul Plantz, $39.25; Charles H. Dornack, $34.50; Garnet Spring, , $31, 50; Wm. L. Burrows, $3�.25; R. V. Ehrick, $13.30; Miller Davis Company, $6.61; Trautner Sales Company, $23.40; Ross Bosshard, $4.00; Borchert Ingersoll, Inc., $26.90; Trautner Sales Company, $59*00; City of Rochester, P. U. , $40.79; Peoples Natural Gas Company, $9,96; Chicago & 11, W* Railway Company, $12.00; Olmsted County Medical Group, $37.00; N. W. Bell Telephone Company, $49.49; Rochester Transfer & Storage Company, $10,00; Trautner Sales Company, $3.30; American Society of A ppraisors, $15,35; Trautner Sales Company, $30.00; Borchert - Ingersoll, Inc., $39,00; J. C. Penney Company, $9.07; Rochester Plubming & Heaving Company.' $5.50; Mason Publishing Company, $20.00; Tom Moore, -Register of Deeds, • $35.50; Dieter Paper & Marine Supply, $3,30; Larry Lentz, $56.50; R. C. Drips Grocer Company, $24.00; Arnold Supply Company, $21. 45; Eco, Inc. , $60.49; Reeve's .Drug Store, $3;10; General Trading Company, $1, 29, From the Street & Alley Fund: :Philip R. Zieman, $141090; Fred E. Weinrich, $91. 28; Kenneth Keefe, $53.12; Harold! s Auto Electric, $1, 50; Parkhill Brothers, $1.29; Walker Hardware, $4.19;. General Trading Company, $9.12; Peoples Natural Gas Company, $19.33; Leitzen Concrete Products, $11.52; The Pure Oil Company, $54.75; Wm. H. Z iegler Company, $140. 71; Gopher Stamp & Die Company, $172, 76; Bemel Auto Parts, $1, 50; Socony Mobil Oil Company, .$14. 96; The Woodruff Company, $96.92; Leitzen Concrete Company, $9.40; General Trading Company, $63.91, Record of Official Proceedings of the Common Council • of the City,of Rochester, Minn., P e cembe r 3, 1956 333 1 1 • 1 • 1 1 From the Fire Protection Fund: Reeve's Drug Store, $8.07; Kenneth Stoltenberg, $65.20; United Chemical Company, Inc., $19.16; Socony vacuum Oil Company, $26.50; Fire & Safety, Inc, $33.30; Hayes Lucas Lumber Company, $20.92; Adair Electric Company, $15,39; Home Comfort, $2.00; Peoples Natural Gas Company,i $23.03; General Trading Company, $65.76; Rochester Soft Water Service, $4.00; General Trading ',Company, $51.75; From the Permanent Improvement Fund: Woodhouse Brothers, $59.70. From the Sewer Fund: Peoples Natural Gas Company, $8.23; Leitzen Concret, Products. Company, $56.00; Alpek Sheet Metal Works, $1.00; Reeve's Drug Store, $5. 54; General Trading Company, $1.30; Builder's Providence, Inc. , $10.90; The Hellemite Mfg. Company, $25.50; Continental Oil Company, $5.20; From the Police Protection Funds N. W. Bell Telephone Company, $9.50; Alexander Auto. Electidc, $19- 55; Reuben A. Rieck, $40.00; Osco Drug, $2.97; Weber & Judd Company, $13.70; National Bushing & Parts Company, $5.39; From the Parking Meter Fund: National Bushing & Parts Company, $10.85; Streeter-Amet Company, , $35. 20. An Ordinance amending and 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," (Ordinance No. 558)11, was given its first reading. Upon motion by Whiting, second by Anderson, and upon roll call and all voting in favor; thereof, the rule.s were suspended and the ordinance was given 'its second rradiag. Upon motion by Tingley, second by Whiting, and upon roll call and all voting in favor! thereof, the rules were suspended and the ordinance was given its third and final', reading. A motion was then made by Moody, second by Anderson, that the said ordinance be adopted as read, and all voting in favor thereof, President Bach declared the said ordinance duly passed and adopted. The following recommendation of the Planning and Zoning Commission was. read and ordered placed on file: "Eon. Claude H. McQuillan, Mayor and The Common Council of Rochester,Minnesota Gentlemen: Re: Bender .Property. (N.W.-North of Kutzky Park) At the recent meeting of the Planning and Zoning Commission, held Tuesday, November 20th, 1956, the proposed plat for the Bender Property was submitted for study. The Board makes the following recommendations in regard to this plat: That there be a Park Drive in the area bounded by loth Ave. N.W. Kut zky Park, the C. 11. W. RR. and Highway #52. 3 3 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., December 3, 1956 • No further recommendation can be made at this time as Mr. Moore will have to consult with the Highway Department as to their plans fol- Highiiay #52, and as to the necessity bf a connecting street between Highway #52 and llth Ave. N. W. Respectfully submitted, PLANNING AND -ZONING COMMISSION By:,Donald L. Grue, President" Pdr. George Leiferman was present and presented a.drawing of the 14 acre tract immediately north of gutzky Park. He stated that he planned to construct about 60 homes in this tract and discussed the sewer extension program in that area and also the possibility of.a truck route for the llth Avenue Northwest traffic. No action was taken. , Alderman Whiting stated that he felt some concise or exact procedure should be established in regard to park areas on new plats and annexations. Mayor I4cQuillan st:ggeszed that.Ordinance No. 400 (which.provided for the dedication of 10%, of the . land, or value thereof, on all new plats -and annexations) be revised and again adopted. The City Attorney reported.that a committee had been appointed, consisting of Mayor McQuillan, Tom Moore, Planning Director, Alderman Schwanke, the City Engineer and the City Attorney, to make a recommendation. A motion was then made by Alderman Whiting that the above committee is hereby re -affirmed and charged with the respons.iblities of studying the feasibility of such an ordinance and bringing in a recommendation on same. Alderman Moody seconded the motion and all voted in favor thereof. R. V. Ehrick, City Attorney, reported that he had investigated the claim of Fred Stocker in the amount of $92.00 for damage to his car and recommended that the claim be denied. A motion was then made by Alderman Whiting, second by Alderman Moody, that the claim of Fred Stocker in the amount of $92.00 be denied. All voted in favor of the motion. Mayor McQuillan stated that he had received a letter from Johnson, Drake and Piper requesting an informal meeting with the Common Council in regard to the annexation of land west of the City. Tuesday evening at 7:30 p.m. was set for the meeting. Mayor McQuillan stated that he still did not feel that ehe Council could rescind their action in amending the zoning ordinance and that the said ordinance could not be amended unless 50 % of the property owners had requested it, as stated in Section 11 of the Zoning Ordinance. The matter was referred to the Survey Committee for recommendation as to amending Section 11 of the said Ordinance. A letter from Moody & Springsted, Municipal Bond Counselers, requesting an opportunity to discuss the sale of P. I. R. Bonds was read and upon motion by Schwanke, second by Whiting, the same,was referred to the Finance Committee and the City Attorne , Alderman Schwanke inquired Naha t _had _been done about having an election 1 1 • 1 • 1 1 for a bond issue for certain improvements. Thursday evening, December 6, 1956, 0 Record of Official Proceedings of the Common Council 335 of the City. of Rochester, Minn., December 3, 1956 at 7:30.p. m. was set for an informal meeting to study the proposed bond issue. Upon, moat ion by Moody, second by Whiting, the meeting was adjourned until 7: 30 P. m. on December 17, 1956. Ci Clerk 3 36 Record of Official Proceedings of the Common Council of the City of Rochester, .Minn., December ' 3 , 1956 • Minutes of a special meeting. of the Common Council of the .City of Rochester, I•Sinnesota, held in the Council. Chambers in the City Hall, in said City, on December 7, 1956. A motion was made by Alderman Schwanke, second by Alderman Anderson, that Alderman Tingley act as President pro tem. Upon roll call all voted in favor thereof. President pro tem Tingley then called the meeting to order at 4:30 p.m., the following members being present: President pro tem Tingley, Aldermen Anderson, Moody, Schroeder, Schwanke, Whiting. Absent: President Bach. The call of the special meeting. was read and President pro tem ordared. the same placed on file, the said meeting.having been called for the purpose of considering the adoption of a resolution levying special assessments for resurfac-- ing certain streets in Southwest Rochester and a resolution levying special assessments for sidewalks constructed during 1956 and any other business the said Common Council may deem proper. Alderman Anderson introduced a resolution levying special assessments for resurfacing certain streets in Southwest Rochester with asphaltic concrete, which was read. A motion was made by Alderman Anderson, second by Alderman Moody, that the said resolution be adopted as read, and all voting in favor thereof, President pro tem Tingley declared the said resolution duly passed and adopted. Alderman Moody introduced a resolution levying special assessments for the resurfacing with. asphalt concrete of 5th Street Southwest from Sth Avenue Southwest to 9th Avenue Southwest. A motion was, made by Alderman Moody, second by Alderman -Schroeder, that the said resolution be adopted as read, and all voting in favor thereof. President pro tem Tingle* declared the said resolution duly passed and. adopted. Alderman Schroeder introduced a resolution levying special assessments for the construction of sidewalks during the year 1956. A motion was made by Alderman Schroeder, second by Alderman Schwanke, that the said resolution be adopted as read, and all voting in favor thereof, President pro tem Tingley declared the said-resolutgon duly passed and adopted. Upon motion by Schwanke, second by Moody, the meeting wqs adjourned. Ci y Clerk 1 1 • 1 • 1 1 •