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HomeMy WebLinkAbout01-06-19580 131 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., January 6. 1.957 DS�ALD POELISHING CO., NEW ULM. MtNN. 5195 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 January 6. 1958- President Schroeder called the meeting to order at 2:00 o'clock P. M., the U'D following member:s being present: President Schroeder, Aldermen Briese, Dewitz, Haas, Kamm , Mo rris, Tingley. Upon.motion by Morris, second by DeWitz, the minutes of the meeting of 0 I December 16, 1957 were approved. President Schroeder stated this as being the time and place s'et for the following hearings: Hearin g on the proposed assessment of a sanitary sewer in 17th Street Northeast from 3�rd Avenue Northeast to a point 190 feet East. There was no one present wishing !to be heard. Hearing on the proposed assessment for a sanitary sewer on 7th Street Northeast from 1�lth Avenue Northeast to 670 feet west of llth Avenue Northeast. There was no one, present wishing to be.heard. Hearing on the proposed assessment for a sanitary sewer, water main and grading and surfacing in Miner's Heights Fourth Addition. There was no one present wishing to be heard. Hearing onthe . levying of special assessments for widening and paving 4th Street Southeast from Broadway to 6th Avenue Southeast. There was no one present wishing to be heard. Hearing on the condemnation of the East One Hundred (100) feet of Lots ten (10) aleven:(11), and twelve (12�, Block twenty-one (21), Original Plat owned by Elizabeth qu i ammen', Trumman quammen', Gladys Fager, George Fager, Rachel Hendrick and William A. i Hendricks. The report of the Commi'ssioners assessing the damages occasioned by the condemning and taking of the parcel of land hereinafter described as follows, was:read: Description Persons Interested Award The East One Hundred feet (E.1001) Elizabeth quammvm, Truman of Lots ten (10), Eleven (11) and quammen, Gladys Fager, Geo- Buildings $ 9250.0 Twelve (12), Block Twenty -One (21), rge Fager, Rachel Hendricks Land & Original Plat of the City of and William -A. Hendricks. Other Rochester, in Olmsted County, Impro- Minnesota. vements 47,41o.00, In the even i t the owners elect to remove any of the buildings Total $55,bbO.0 on the above described premises, the following sums are to be deducted from the total award: House - $1,000.00 and Garage $100.00. Mr. Theo. Schacht was present and presented a written objection in behalf 'of Elizabeth (Zuammp!n, Gladys Fager, Rachel Hendricks and Truman Qiiamnien,' stating that they objected to -the confirmation upon the ground that the value of the land is appraised at less than its full value and felt that they should have at least 152,000.00 for the real estate and $9,250-00 for the buildings making a total of Record of Official Proceedings of the Common Council of the City of Rochester, Minn., Tanuaw�6, 1957 $6o,250-00- Mr. Quammen was also present and stated that he had negotiated wi,th the City for this land in 1953 and at that time had agreed that he would accept 050,000.00 but nothing had been done at that time and he felt that the value of the land had now Increased and felt they should have at least $550-00 per front foot. Mr.-C. R. MacDonald of the Downtown Retail Merchants Association was also present and stated that their organization was not directly interested In how much the City W paid for the property but urged that the same be acquired for additional parking. The Council took the matter under consideration and no action was taken at this time, President Schroeder stated this as being the time and place set for receiving and opening bids for the following projects: Bids for construction of a sanitary sewer and water main extensions in 131 Street Northwest from Broadway to 2nd Avenue Northwest. The bids of Carlisle G. Fraser, Inc In the amount of $1,434.40 and Steins I3�c. in the amount of $1,614.10 were each received and opened and -upon motion by Haas, second by DeWitz, the same were referred to the Sewer Commit -tee and City Engineer for tabu- lation and report. All voted in favor thereof, Bids for street grading and surfacing of 131 Street Northwest from Broadway to 2nd Avenue Northwest. The bids of Leon Joyce in the amount of $5078.47, Steins Inc. In th4k amount of $6,691.80 and Rochester Sand & Gravel Company in the' amount of $5,239-36 were each received and opened and upon motion by Tingley, second by Haas, the same were referred to the Street & Alley Committee and the City Engineer for tabulation and report. All voted in favor thereof. Bids for finishgrading, base and bituminous surfacing on 17th Avenue N. E. from 3rd to 5th Street Northeast. The bids of Leon Joyce inthe amount of $3,0/00.15; Steins Inc. in the amount of $5,446.00 and Rochester Sand & vravel Company in the amount of $4,100-70 were each received and opened and upon motion by Tingley, second by Haas, the same were referred to the Street & Alley Committee and the City Engineer for tabulation and report. All voted in favor thereof. Mr. Stanley Mohn was present and inquired if any further action or con- s1deration had been given to the request of Mohn and Hodge for the possibility of a water reservoir*and booster . arrangement to serve houses in a 50 acre r,esidential development they plan for the property known as the Richaman farm located on Geisinger Hill in Northeast Rochester. He was instructed to meet with the Water Committee on Wednesday, January 9th, at 4:30 P. m. to discus.s the matter further, Mr. 111. L. LaPond was present and inquired as to the status of the sewer in Southeast Rochester to serve the shopping center. President Schroeder informed him that bids were being ordered for construction of the said sewer. The notice of injury of Regina E. Forbes in the amount of $18,500-00 for I I I 0 I 13 3J Record of Official Proceedings -of the- Co'Mmon Council of t he City.of Rochester,.Minn.,_ianuary 6. 1957 OSWALD PUBLISHING CO., NEW ULM, W-INN.51SF5 injuries sustained when she fell at the intersection of 2nd Street Southwest and l.st Avenue Southwest was read and upon motion by Haas, second by Tingley, the same was referred to the City Attorney. The request of Frank W. Everett for permission to attend the 30th Annual Fire Department Instructors Conference, held at Memphis, Tennessee, on < February l9th through 21st, 1959 was read and upon motion by Tingley, second by DeWitz, the same was referred to the Fire Committee. A notice from the Railroad and Warehouse Commission that a hearing would be held on Friday, January 318t, 1959 at 10:00 o'clock in the State Office Building Ste Paul, Minnesota in the matter of the application of the Chicago Great Western Railway for authority to abandon and remove certain yard tracks located within their station groundsbetween 2nd Street and 3rd Street N. E. in the City of Rochester was read and President Schroeder ordered the same placed on file, A letter from the State of Minnesota, Division of Environmental Sanitation, submitting a copy of their report on plans and specifications on water supply system in Rose Harbor 2nd Addition was read and President Schroeder ordered .the same placedl,on file. A letter fr.om the League of Minnesota Municipalities listing the municipal short�courses for municipal officials conducted by the University of Minnesota through its Center for Continuation Study was read and President Schvoede r ordered the same placed on file, A petition to have the South 33 feet of Lots 5 and 6, Block 84 of Moo Olds Addition chlanged from a residential z'one to a commercial zone, signed by Vuintin H. Clark, was read and upon motion'by Tingley, second by Haas, the same was referred to:the Board of Zoning. A petition sign-ed by William W. and Rachael M. Cassidy and Home Opportunities, I ne., Stanley C. Mohn, President and Carlton Penz, Vice President, to have that por',tion of l9th Avenue Northwest in the City of Rochester, lying between l9th Avo i �nue Northwest &nd-20'th Avenue Northwest be vacated was read and upon motion by * T ingley, second,by Haas, the petition was referred to the Planning and Zoning Commission and to the City' Attorney. The City Attorney then reported that the petition was not valid as to form as their we3B no reasons set forth as to why the land should be vacated and also no plat showing'where the land was loca ted. A motion was then made by Tingley, second by Haas, that the above motion be res ind I d ed*and all voted in favoi thereof. A motion was then made byTingley that the petition for vacation of a portion of l8th Avenue Northwest lying bet' ween l9th and 20th Avenue Northwest be returned to Mr. Stanley Mohn to be presented in proper form and when the petition has been corrected the same be referred to the Planning & Zoning Commission. All voted in favor thereof. 1. Proceedings -of the Common Council Record of Officia' of the City- of Rochester, Minn., January 6,. 1957 0 A petition signed by Edmund.A. Zuehlke. Louis Golod, Curtis M. Dunlap and Mary*M. Dunlap to have First Street Northeast be,tween l4th and 15th Avenue N.E. vacated was read 'and upon motion by DeWitz, second by Haas. the same was referre& to the Planning and Zoning Commission. A peti-tion signed by Ray E. Krofchalk, Dennis J. Pierce, Milton Kaplan and Richard H. Plunkett to have the following described property annexed to the City was read and upon motion -by Haas, second by DeWitz, the same was referred to the Planning and Zoning Commission. A copy of a summons and complaint in the matter of Rodabco, Inc, Plaintiff _vs- City of Rochester, Rochester Yellow Cab Corporation, Miles Lord, as Attofney General of the State of Minnesota and James Macken, as Chief of Police of the City of Rochester was presvnted and upon motion by Haas, second by Tingley, the -same was referre'd to the City Attorney, The City Engineer's preliminary estimatesfor construction of sanitary sewer,$1,820.2.0, and grading and surfacing $4,292ilO in 13-21 Street Northwest from Broadway to 2nd Avenue Northwest and finish grading, base end bituminous surfacing on 17th Avenue Northeast from 3rd to 5th Street Northeast '$3,381-75 were each read and President Schroeder ordered the same placed on file. The City Engineer's appointment of the following men in the City Engineer's Department effective January 1, 1958 were read and upon motion by Haas, second by DeWitz, the appointments were apprbved: Robert Toddie Thomas Ferguson Allen Hastings Carl Reiman Harley Peterson Lawrence Sewell Asst. Engr.-Plans Engr. Aide IV Engr. Aide III Engr. Aide III Engr. Aide II Engr. Aide II Base Wage $b,000 5,000 4,500 4,500 4,000 4,000 The recommendation of the Board of Zoning that the request of Howard & Henrietta Grabau to change their property described as the East 93.6 feet of the North 45 2/7 feet of Lot 7, Block 3 (3o4 - 5th Street S.W.) from a residential to a multiple dwelling zone be granted was read. R. V. Ehrick, City Attorney, recom- mended that the Council take no action on this recommendation until the amendment to the Zoning Ordinance be considered further. A motion was then made by Tingley, second by Haas, the recommendation was tabled until the meeting on Feb. 3, 1958- All voted in favor thereof. The report of the Planning and Zoning Commission making the following recommendations regarding the proposed annexation of L. C. Miller Property N. E. was read: 1. The area to be annex6d to the City of Rochester subject to the conditions as set forth in the City Planning Director's report. 2. The land use plan for Betcher's property, which was recommended November 25, 1957, which included a future zoning change recommendation for a part of th6 L. 0, Miller property, be made a part of this recommendation. The plan is on file in the,City Planning Director's office. I 0 I I 0 Upon motion by Haas, second by DeWitz, the. report was referred to the Survey Record of Official Proceedings -of -the - Com'Mon Council of t. he.,City of. Rochester, Minn., January 6,, 1959 13 I L'7� I 0 I Committee. The recommendation of the City Planning and Zoning Commission that i consideration b e given to a pair of one-way streets runningeast 6nd west from the existing 3rd and 4th Avenue one-�;ay pair to 16th Ave, X. W. or U.-S- 52 on streets located-between�2nd St. S. W. and Cascade Creek was read. T. 0. Moore Planning Director, stated that the Commission had presented this report to see if the CouncJ was in favor of'isame and.if they should go ahead further with plan. Upon motion i by Kamm, second:�'by Haas, the recommendation was given preliminary approval, All voted in favor thereof. The recommendation of the Sewer Committee that the bid of Carlisle G. Eraser, Inc., for construction of a,sanitary sewer ettension in 13-21 Street X. W. from Broadway to 2nd Avenue Northwest be accepted at the'unit prices bid and checks be returned to the unsuccessful bidders was read and upon motion by*Tingley, second by Kamm,�'Ithe recommendation was approved, The recommendat.ion of the Street & Alley Committee that the bid of Leon Joyce for grading and surfacing of 131 Street Northwest from Broadway to 2nd Avenue - Northwest be accepted at the unit prices bid and cheeks be returned to the unsuce- essful bidders was read and upon motion by Haas, second by Briese the rec�ommendatii was approved, The recommendation of the. Street Alley Committee that the bid of Leon Joyce for grading, base and bituminous surfacing on 17th Avenue Northeas�t from 3rd i Street to 5th Street Northeast be accepted at the unit prices bid and checks*be returned to the ' unsuccessful bidders.was read and upon motion by Kamm, second by B riese, the reco �mmendation was approved. The re icommendation.of the Water, Committee that the assessments for the construction of :a loll water main to Elton Hills which was adopted on October 21, 1957 be amended and revised to read as follows was read: The immediate assessment to the Fulle'rton.Property to be $3,795-35 "(formerly assessed at $4,379-95) The deferred assessments to be 4,69s.96 ,(formerly $4,io4.46) $9,484.31 Upon motion by D : eWitz, secornd by Briese, the recommendation was approved and the City Clerk was instructed to prepare a resolution ordering a hearing on the change of a-seessment. All voted in favor thereof, The reporlt of the City Engineer stating that a resolution proposing con- struction of a 1 000,000 gallon water reservoir for the'low district of the West Service Area hadi�been teferred to him on N�ovem'ber 22, 1957 and that he reported that it is feasible and urgently needed to pr6vide adequate supply and pressure to the Country Club:Manor-First Addition, that this project is a part of the comprehen sive report madel:by Black & Veatch, Consulting Engineers, dated Augu'st 23, 1957 and Record of Official Proceedings of the Common Council of the City- of Rochester, Minn.,,. iann%irY,8_­i95a .the estimated costs made without survey or plans are $110,760.00 was read together with the recommendation of the Water Committee recommending approval of this project and recommending that Black & Veatch be engated at once, under the direction of the Water Departme4A, to pr4ppare plans and specifications for the reservoir and that the hearing.be scheduled at the earlies date possible. Upon motion by Haas, second by Kamm, the recommendation was approved -and the City Clerk was instructed to prepare a resolution ordering a hearing on the project, the hearing to be held at 7:30.on January 20, 1959. All voted in favor thereof. The recommendation of the Street & Alley Committee and the City Engineer that the bid of Borchert Ingersoll, inc. for furnishing one 2k yard tractor shovel for.the City Dumping Grounds be accepted at the unit price bid (12,600,00) and checks be returned to the unsuccessful bidders was read and upon motion by Kamm, second by DeWitz, the recommendation was approved. All voted in favor thereof. The recommendation of the, Survey Committee that the preliminary plat of Boutelle's 2nd Addition be granted preliminary approval subject to complianc4 with the conditions as set forth in the City Planning and Zoning Commission's report was read and upon motion by DeWitz, second by ILingley, the recommendation was approved. All voted in favor thereof, The Mayorls appointment of Lee E. Graham of 1214 10th Avenue -Northwest las detective on the Rochester Police Department, to fill the vacancy of the position created by the resignation submitted by Mr. Albert J. Kos effective December 31, 1957 was read. Upon motion by Tingley, second by Briese, the appoint- Iment was approved. All voted in favor thereof. A copy of a summons and complaint.in the matter of Huldah Jean Kalass, IPlaintiff vs. The City of Rochester, Minnesota dnd Bessie N. Fuller, Defendants was presented and upon motion by Haas, second by Tingley, the same was referred to the City Attorney. All voted in favor thereof. A letter signed by Rex H. Gregor of the Rochester Methodist Hospital requesting that something be done about the traffic hazard existing on the corner of 2nd Avenue and let Street Northwest was read and upon motion by Tingley, second Dewitz, the same was referred to the Police Wommittee. I A supplementary report from the National Board of Fire Underwriters was resented by Mayor Bach and President Schroeder orddred the same placed on file. The official bond of Paul Plantz in the amount of $500-00 with the umbermans Mutual Casualty Company as surety, the license bonds of Grudem Brothers I ompany, two each in the amount of $1,000.00, with Indemnity Insurance Company of orth America, the license bond of Littrup Nielson in the amount of J1,000.00 with eltern Surety Company as surety and the licen se bond of T. H. Johansen in the mount of $1,000.00 with The Aetna Casualty and Surety Company as surety were each ead and upon motion by Tingley, second by DeWitz, the bonds were approved, the 0 I 40 P� 0 I 0 Record of Official -Proceedin' s -of the'Common Council 9 of the City -of Rochester, Minn., . J a n'u a ry * 6.- 19 5 s 1.37 E Flo 0 I 0 0 I 0 surety, thereon accepted, and the same were ordered plac-ed on file. The�ibond for lost warrant of McMaster Carr Supply Company in the amount of $105-93 was read and upon motion by.Haas., second by Kamm, the bond was approve and the City Clerk was instructed to issue a duplicate check. The,applic&tions for taxi -cab automobile license-of-Rocabco, Inc. (15) and Rochester'!Yellow Cab Corporation (27) were each read and upon motion by i . - Tingley, second by Briese, the licenses were granted. The:application of Ellsworth J. Albe for a Journeyman Plumber's License was read and upon motion by Morris, second by Haas, the license was granted. The'application of Myhrin X. Grudem for a Master Plumber's License was read and upon;:motion by Haas, second by Briese, the license was granted. Thejapplication of Grudem Brothers Company for a Hot Water and Steam Heating Contractors License was read and upon motion by DeWitz, second by Briese, the license was granted. The�lapplication of Albert H. Meyers for a license to sell cigarettes was read and upon motion by Kamm, second by Morris. the license was granted, The'application of Littrup Nielson for a license to connect with sewers and drains was read and upon motion by Tingley, second by Briese, the license was granted. The�application of Lysne Construction Company for a permit to move a steel buildin� 40, x go, from the I.B. M. prope 9 rty to 50 Third Street N. E. over certain City streets was read and upon motion by Briese, second by DeWitz the permit was granted, subject to ­'the supervision of the Building Inspector and the Chief of Police, The�,report of the City Weighmaster for the month of December, 1957 showing fees c ollected for loads weighed $85.30 was read and President Schroeder ordered the same placed on file. Theireport of the City Treasurer for the month of December 1957 was read and President Schroeder ordered the same placed on file. The!reports for the month of December, 1957 of the Building Inspector showing fees collected for building permits issued $1,512.00; of the Electrical Inspector showing fees collected for electrical permits issued $285-50; of the Plumbing Inspector showing fees col2reted for p lumbing permits issued $215.25; of the Heating Inspector showing fees collected for heating permits issued $1511-75 and fees colle eted for sign permits issued $6.97 were each read lind President Schroeder ordered the same placed on file. The reports of the Clerk of Municipal Court for the week ended December 20, 1957 showing total criminal fines and costs collseted and civil fees received $1,995-70 and total remitted to the City Treasurer $1,169.30; for the week ended December 27, 1957 showing total criminal fines and costs collected and Record of Official Proceedings of the Common Council of theCity of Rochester, Minn., January 6., .19*58 0 civil fees rec-eived $969.00 and total remitted to the City Treasurer $522.00; and for the week ending January 3, 1958 showing total criminal fines and costs collected and civil fees received $1,591-55 and total remitted to City T-re.asurer $996.15, were each -read and having been approved by the City Attorney, President Schro'eder ordered the same placed on file. The following resolutions were each introduced and read.and President Schroeder declared the samd duly passed and adopted: , Resolution accepting the bid of Leon Joyce for the finish grading, base and bituminous surfacing on 17th Avenue Northeast from 3rd Street to 5th Street Northeast. Upon motion by Briese, second by DeWits, resolution adopted. Resolution accepting the bid of Leon Joyce for -the gradUng and surfacing of 13-b Street Northwest from Broadway to 2nd Avenue Northvrest, Upon motion by DeWitz, second by Haas, resolution adopted, Resolution accepting the bid of Carlisle G. Fraser, Inc. for the construction of a sanitary sewer extension in 131 Street Northwest from Broadway tol2nd Avenue Northwest. Upon motion by Haas, second by Kamm, resolution adopted. Resolution initiating improvement and ordering report on adequacy of petition and feasibility report and referring to City Engineer & Sewer Committee for the construction of a sanitary sewer in 2nd Street Northeast from the State Hospital Trunk Line to East J of Lot 19, Block 7. Morningside Sub -Division. Upon motion by Kamm, second by Morris, resolution adopted* Resolution initiating improvements and ordering report on adequacy of petition and feasibility report and referring to City Engineer & Water Committee for the construction of a watermain in 2nd Street Northeast from 15th Avenue Northeast to the Ea st of Lot 19, Block 7. Morningside Sub -Division. Upon motion by Morris, second by Tingley, resolution adopted* Resolution levying special assessments for the construction of a sanitary sewer, watermain, grading and surfacing in Miner's Heights Fourth Addition. Upon motion by Tingley, second by Briese, resolution adopted. Resolution levying special assessments for the construction of a sanitary sewer -on Tth Street Northeast from llth Av-enue Northeast to 6TO feet West of llth Avenue. Upon motion by Briese, second by DeWitz, resolution adopted. Resolution levying special assessments for the construction of a sanitary sewer in 17th Street Northeast from Third Zvenue to a point 190 feet East. Upon motion by DeWitz, second by Haas, resolution adopted* Resolution levying special assessments for the widening and paving of 4th Street Southeast from Broadway to 6th Avenue Southeast. Upon motion by Haas, second by Kamm, resolution adopted, Resolution accepting plans and specifications and ordering�bids for the I 0 I I 40 I construction of a trunk line sewer in 10th Street Southeast from 5th Avenue to 16th 11 0 I -0 I I 11 Record of Official Proceeding's -of -the Common Council 139 January 6, 19 59 of.tlhe.City.of Rochester, Minn.. OSWALD PUBLISHING Co., NEW ULM. W'I_NN519�5 Avenue Southeast and a trunk line sewer in llth Avenue Southeast from 10th Street to 13th Street Southeast. Upon motion by Kamm,.secand by Morris, resolution adopted-o Resolution accepting plans and specifications and ordeFing bids for. the construction of a sanitary sewer in lli Street Southeast from llth Avenue Southeast to the West line of Gonderman and Thiel's Addition and in 10-21 Avenue Southeast from 111 Street to 12th Street Southeast. Upon motion by Morris, second by Tingley, resolution adopted. Resolution accepting plans and specifications and ordering bids for the construction afla sanitary sewer in 10th Street Southeast from 16th Avenue Southeast to 171ih Avenue Southeast and In llth Street Southeast from 10th Street 1 to 15th Avenue Southeast and in 15th Avenue Southeast from 10th to 12th Street Southeast, Upon motion by Tingley, second by Briese =eso-lution adopted. Resolution accepting plans and specifications and ordering bids for the construction of'::a sanitary sewer in 13th Street Southeast from 10th to llth Avenue Southeast and in 10th Avenue Southeast from 12th to 13,th Street Southeast. Upon motion by Briese, second by DeWitz, resolution adopted* -Resolution authorizing and instructing.the Mayor and City Clerk to execute three separate contracts between the City of Rochester and THE ROCHESTER WEST COMPANY providing for the placing of base materials, finished grading and bituminous surfacing on 5th Street Northwest, 36th Avenue Northwest and other streets and avenues except 36th Avenue and 5th Street Northwest. Upon motion by Dewitz, second by Haas, resolution adopted, Resolution authorizing the Mayor and City Clerk to execute a contract with BUILDERS LAND COMPANY for construction of sanitary sewer, watermain, sewer and water service connections and grading and bituminous suffacing of streets in Elton Hills Third Subdivision. Upon motion by Haas, second by Kamm, resolution adopted. Resolution receiving prelininary report, ordering a public hearing and dir ecting preparation of plans and specifications in respect to th,e folio -ding improvement: Construction of a 1,000,000 gallon water reservoir for the low district of the Idest Service area* Upon motion by Kamm, second by Morris, resolutic adopted. Resolution authorizing the Mayor and City Clerk to execute a contract with BUILDERS LAND COMPANY for the grading, base construction and bituminous surfacing of streets in Elton Hills Second Subdivision. Upon motion by Morris, second bj Tingley, resolution adopted. Resolution fixing salaries for new employees in the City Engineerls office for the balance of the ensuing official year. TTpon motion by TiAgley, second by Briese', resolution adopted, Resolution accepting bid of Borchert Ingersoll, Inc* for 2-.1 Yard Tractor 140 Record of Official Proceedings of the Com'mon Council of theCity of Rochester, Minn., January. 6, -19 59 CBW!�LD P�LBLISHING CO., NrW ULM, MiNg-.5195 Shovel for use at the City Dumping Grounds. Upon mo tion by Briese, Second by Do DeWitzq resolution adopted* - Resolution Granting three Public Dante permits to Gene Thompsons Upon motion by DeWitz, 'second by Haas, resolution adopted, Resolution appropriating $207-96 from the General Fund, $11-30 from the Street and Alley Fund, $59-80 from the Fire Protection'Fund, .. $205*46 from the Police, Pr.otection Fund and ordering payment made to N. W. Bell Telephone Company. Upon motion by Haas, second by Kamm, resolution adopted, Resolution appropriating $19,756.6s from the P. I. R. Fund and ordering payment made to DeGidio-Stein Venture, resolution adopted. 'Upon motion by Kamm, second by Morris, Resolution appropriating $1,164.62 from the Fund and ordering payment made to DeGidio-Stein Venture. Upon motion by Norriis, second by Tingley, resolution adopted, Resolution appropriating $1*20 from The General Fund, $45-71 from Street a-nd Alley Fund, $353-00 from the Police Protection, $8.45 from the Parking Meter, $1,599-20 from Park Improvement Fund and ordering payment ma:de to Clements Chevrolet Co.; $408-36, Mayo Civic Auditorium Revolving Fund, $1,588.20. Upon motion by Tingley, second by Briese, resolution adopted, Resolution appropriating $310.00 from the General Fund and ordering payment made to Cranston Typewriter Service. Upon motion by BrIese, second by DeWitz, resolution adopted* Resolution appropriating $714.'09 from the General . Fund, $222-54 from the Street and Alley Fund, $125,29 from Fire Protection Fund, $1,310,90 from Sewer Fund, $7,571*67 from the Lighting Funds' and ordering payment made to City of Rochester, p. U.9 $9,654.26; Peoples Natural Gas Co., $290.23. Upon motion by DoWitz, second by Haas, resolution ado�ted. Resolution approriating $1,206.3D from the General Fund, $1,596,o6 from the Street and Alley Fund and ordering payment made to Ellerbe and Co., $490.00; Trautner Sales Oo, $259,30; Rochester I= Works $457-00; International Salt Co., $1,311.00; Firestone Stores, Inc,, $275*06. Upon motion by Haas, second by Kamm, resolution adopted. Resolution appropriating $765-75 from Police Protection Fund, $424.49 from Parking Meter Fund and ordering jnyment made to H & H Electric Go. $424,49; T. 0. Wollner, m. D. $461-50 and Universal Motors, W4*25- Upon motion by Kamm, second by Morris, resolution adopted, Resolution appropriating $1,249,20 from the General Fund and ordering payment made ot Richard E, Whites $350,00; Coast to Coast Stores, $215,00; Riverside Sand a-nd Gravel, $307*20 and Le-itzen Concrete Products, $377,00. 'Upon motion by I 0- 11 P� 0 I 0 141 Record of Official. Proceedings of the'Common Council of t he. City of. Rochester, Minn., January 6,.-19519 .-M. M f N N. 519 5 Morris, second by Tingley, resolution adopted* Resolution appropriating $16,011,32 from the P,,17.R, fund and ordering payment made to�quarve and Anderson Co. Upon motion by Tingley, second by Briese, LIZ resolution adopted, Resolution appropriating $2,904,14 from the P. 1. R. Fund and ordering payment made to�Carliele G. Fraser,, Inc*' Upon motion by Briese, second by DeWitz,, resolution adopted, Resolution appropriating $319-06 from the P.I.R. Fund and ordering payment made to�,Carlton Penz—Riverside Sand and Gravel Coo, Upon motion by DeWitz, second by Haas, resolution adopted,, ResoliLtion appropriating $761-39 from the F.I.R. Fiand and ordering payment adopted, made tb'!Leon Joyce. Upon motion by Haas,s:secohd by Kamm, resolution Resolution appropriating $2,483,96 from the P,I1,R. Fund and ordering payment made toiCarlisle Go Fraser, Inc* Upon.motion by Kamm, second by Morris, resolution'ad 0 pted, Resolution appropriating $5,240,11 from the P.I.R. Fi3nd and ordering payment made to�Carlisle G. Fraser, Inc* Upon motion by Morris, second by Tingley, resolution adopted, Resolution appropriating $337-53 from the P,I,R. Fund and ordering payment made to!Calton Penz—Riveraide Sand and Gravel Coo Upon motion by Tingley, second'by. Briefie, resolution adopted, Resolution appropriating .$361.6o'from the P.I.R. Fund and ordering payment made to!Carlton Penz—Riveraide Sand and Gravel Co. Upon motion by Briese, second by DeWitz, resolution adopted, Resolution appropriating $384.24- from the General Fund, $1,215,60 from the Park Improvement Fund and ordering payment made to Gibbons Printing Company, $394.25 and Mayo Civic Auditorium Revolving Fund $1,215.6o. Upon motion by Dewitz, second by Haas, resolution adopted. Resolution appropriating $267-35 from the General Fund, $3,336.13 from the Street & Alley Fund, $45-01 f'rom the Fire Protection Fund, $44.12 from the Sewer Fund, $6221*19 from the Police Protection Fund and $297,90 from the Parking Meter Fund and ordering payment made to City of Rochester, Minnesota, $2,026.9l'; H & H Electric Company. $646' *03 and Rochester Sand & Gravel Company, $2,139,75- Upon motion by Haas, second by Kamm, resolution adopted, Resolution appropriating $1,911-93 from the General Fund and $526.69 from the Fire Protection Fund and ordering payment made to Big Four Oil Company, $1,594-13; Geral d E. Cunningham, $'2'17-710; Hayes Lucas Lumber I Co. $263..69 and B.F. Goodrich Company', $265-00- Upon motion by Kamm, second by Morris, resolution adopted, Record of Official Proceedings of the''Common Council of the City of Rochester, Minn., January .6. 1,959. 013WALD PUBLISHING CO., NEW��U�, M-INN. !195 Resolution appoopriating $1,050,00 from the F.I.R. Fund and ordering payment made to the Fkst National Bank of Rochester V Minnesota.. Upon motion by Morris, second by Tingley, resolution adopted. Resolution appropriating $37,952-75 from the General Fund, $3,465-14 from the Police Relief Fund and $11,4ol.46 from the Fire Relief Fund and ordering Payment made to Ross Browning, Treasurer $3,465-14; George Davis, Treasurer $11,4ol.46 and Public Health & Welfare Fund $37,952.'175- Upon motion by Tingley, second by Briese, resolution adopted* The following claims were each read and upon motion by Morris, second by DeWitz, 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: Alvin Benike, $20-55; Arnold Supply Company, $91,50; Roots Upholstery & Furniture, $10.00; R. L. Gould & Company, $18,97; Dieter Paper & Marine Supply, $52.90; Adams, $2.65; Go Tire Service, $22,7.10; Chicago Great Western Railway Coo, $lOo0O; Jerry To Olson, $10.90; Marvin Bluhm, $3.86; Sheriff of Cook County, Illinois, $8.30;' Willetta Hoagland, $51.340; W. E, Spencer, $100.00; Schirmer Transportation Co., $99.12; American Municipal Assn., $100.00; Rochester Orthopedic Appliance Inc., $135-00; Clerk of Municipal Court, $91.20; Ross Browning, $22-55; Charles Dornack, $39-75; Garnet Spring, $38-55; Wm. Burrows, $39.25; Paul Plantz, $37-50; Marvin Price, $32.40; C. A. Cottingham, $66.4o; Emil J. AufenAhie, $30-00; First National Bank, $4-50; Stanley F. Drips, $4.40; Tom Moore, Register of Deeds, $32,75; Socony Mobil Oil Co., $36-50; U- So Conference of Mayors, $100.00; Twin Testing & Engineering Co., $37-T4; Allen, Delaney & Whites $100.00; Albinson, Inc., $4.05; The Johnson Co., $5.34; Walter So Booth & Sont $45-93; quality Prin6ers & Stationers, $13.4 5; Weber & Judd Co mpany, $1-51; N. W. Bell Telephone Co., $34.91; Reeve's Drug Store, $-50; Ace Sign Co., $36.25 and R. A. Reick, $20-50, From the Street & Alley Fu#d: Doyle Conner Co., $114.80; Cities Service Oil Co.* $25.65; General Trading Co., $126.29; Gene Phillips, Inc., $115.49; Farm & Rome Supply, $13.50.; Doyle Conner Co..., $70-90; Mork Witthauer Equipment Go.9 $176.o6; 1-1m. H. Ziegler Co., $40.99; Roy's Grocery, $1.08; Universal Motors, Inc- $11-15; Wagoner -Roth Company, $49*34; General Trading Co., $93-30; Harold' Auto Electric, $19,59; Truck Service, $3.00; No W. Bell Telephone Co., $22-76; Welborn Welding Coo, $1.00 and Reeve's Drug Store, $4.09. From the Fire Protection Fund: Welborn Welding Co., $23.20; N. W. Bell. Telephone Co., $11.90; Gross Industrial Towel and Garment, $11-59; Rochester Soft Water Service, $4.00; Mid West Restaurant Equipment Co., $47-89; Adair Electric, $62.93; Skelly Oil Co., $11,05; S. M. Supply Go-, $6.96; Kenneth Stoltenberg, �163.20; Dieter Paper & Marine Supply, $77-90; E. To Watkins -Electric Motor 'l Proceedi s-of the Com 'on Council 143 Re ord of Officia ng In of the City of Rochester, Minn., January '6, -. 1�9-98 U'� C) 0 I 0 I Co.$ $1.12; She.'rwin Williams Co.,.$lleqkk; Home Comfort, $1.35; Model Laundry, $30.66; Pruetts:, $53-87; The'Fulle r Brush Co.,, $3-54; Her'bert Knopp Agency,,$6o.00 Witte Transportation, $3.451 Bergstedt Faint Co., $5.32 and General* Trading Co., $17. 81. From the P.I.R. Fund: Carlisle G. Fraser, Inc. , $194. 97. From the Sewer Fund: Pacific Flush Tank Co., $10-50; Geo. T. Walker Co., $69. 97; K & K Electric Supply Co. , $9- 52; The Marlow Company, $43. 30; Merchants Chemical Co., $ 171-00; H & W Motor Express, $3.15; General T rading Co. $1. 35; Merchants Chemical Co. . $131-00; Walker Hardware, $3.95; LT. We: Bell Telephone Co., $27-55;'Welborn�Welding Co., $19.70; The Sanitary Company, $139-03; Railway Express Agency, $4.29; Ar'nolds Supply Co., $11-50 and Reeve's Drug Store, $6.74. From the Park Improvement Fund: Cal Smith, $100.00. From the Lighting Fund: City of Rochester P. U7, $34-30. From the Police Protection Fund: John Be Carnev- lq2_00- Arnm1d ArAn-ran-n $22- 50; Albert J. Kos . $22- 50; Forest' Higgins, $22 50; He Me Fitzpatrick, $22.50; Kenneth Link, $?2-50; Ilot Klomstad, $22-50; Douglas Krueger, $22-50; Earl Seabright, $22. 50 Eugene. Rowekamp, $22- 50; Donald Kerr, $22- 50; James Ryan, $22- 50 Carl J. Briese, �$22-50; Axel Moberg, $22-50; Gordon T. Kiranz $22 -50; Richard G. Nietz, $22. 50; Hil'man Vang, $22-50; Lknn 3). Peeler, $22- 50; James J. Mncken, Jr. , $22-50; Joseph McDermott, $22.50; Melvin Mertz $22 -50; George Rohdet $22-50; �$22.5--O; Dwaine Rasmussen. $22 Lawrence McNee, i .50; Byron Brueske, $22*50; Charles Campbell. $22.59 : ; James Paine, $22-50; Arnold Mork, $22.50;- Rex Waldron, $22-50; Eldin Holtrof, $22-50; Laverne Lind, $22-50; Raymond Wagoner, $22.��O Hyatt D. -.0 Frost, $22-50; Arthur N. Muellert $22-50; Dallas Nield, 1 $2,2 -50; Donald Crowe, $22-50; Dean LeAtt $22-50; Carlton Anderson, $22,RO; Lee $22 Be Graham, -50; Merlin Mewhorter,', Jr., $22-50;.Guy E. Barnes, $22-50; Robert Radam, $22-50; Arnold Me Nelsong $22*510; Harry Stail $22-50; 'James Lehnherr, $22-50; Gerald Kingsley, $22.50; Henry Me whorter, $22-50; Robert 0. Daly, $2 .2-50; Thomas Slatterly, $22-50; LaVerne Schucha . rd, $22-50; Clark A. Tuttle, Jr., $22.50;* Roy Lovejoy, $22-50; Robert Miller, $ 22-50; Carl J. Briese,_$24,9o; Harry Stai,.$24.90; Reeve's Drug Store, $20-79; Reuben Rieck, $4o.00; Minit Car Wash, $10,00; Gibbons Printing Co., $126.20; Re C. Drips Grocer Co., $-85; Rochester Mattress Co., $22-'50; The Esterline Angus Company, $3,-0'7; Weber & Judd Co., $21.05; State of Minne3ota, Uivisl Service -Department $35-00, and Alexander Auto Ele ctric, $90-99. From the Parking Meter Fund: Dieter Paper Marine Supply, $9.12; Bergstedt Paint Company, $2.20; Nelson Tire & Appliance Co., $46.16; Brinck-;Qolberg, $1-77; Magee Hale Fark-O-Meter Co.9 $135-00; Stanley F. Drips, Postmaster $77.60; The Kruse Co., $1 4-75; Jahns Auto Repair, $65.6o; Sherwin Williams Co., $9.43; Gene Trading Co., $7.92; The Rochester Visitor, $10,00, From the F. E. Williams Estate Fund: City of Rochester P- U-, $5.4o. 0 144 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., January 6. 19 98 OSWALD PUB09H ING CO., NFW _5195- Upon motion by Tingley, second by Kamm, the meeting was adjourned until 7:30 P. M. President Schroeder -called the meeting to order.at 7:30 P- M., &11 members being present. The following letter from the Rochester Airport.Commission wqs thenzead and President Schroeder ordered the same placed on file: "The Honorable Mayor and the Common Council of the City of Rochestert Minnesota Gentlemen: At a meeting of the Airport Commission of the City of Rochester, held on Thursday, January 3, 1957, the following,recommendations to the Common Council were, upon motion, made and duly passed. 1. Recommend to the Common Council that the plans and specifications for the deep well and pump at the new Rochester Airport be approved, and that the Mayor be authorized to sign the plans and: specifica- tions and.forward same to the State Department of Aeronautics and the Civil Aeronautics Administration for coasiderationo 2, Recommend to the Common Council that the preliminary plans and specifications for access roads, clearing and grubbing and parking lot-at*the new Rochester Airport be approved, and that the Mayor be authorized to sign the plans and specifications and :for-ward.same to the State Department of Aeronautice and -the Civil Aeronautics Administration for consideration. It should be explained that in reference to No. 2 above the plans and specifications are referred to as preliminary. The County Road'along the north side of -the airport efite is to be relocat6d at the poirit at which it joins one of the access roads to the airport. The exact re- location of thiv road by the'County has -not been determined, 'and accordingly, the plans for the airport access road at that point will have to be modified -slightly at the time that the relocation has bee'a deiermined, Both of the above projects will be included in an amendment to Grant Agreement No.. 1 which, covered field g,rading and drainage. Respectfully yours, /a Fred W. Schus.ter, Chairman Airport C'ommissionst The following-resolut'ions were each introduced and'read and President' Schroede'r d-eclared the same duly -passed and adopted; Resolution approving plans and specifications for the cies.ring and grubbing and grading for accese roads and -parking a'rea-s and for deep well and plamp at the*new Municipal Airpor't asd authorizing the -Mayor to sign same. Upon motion by Morris, second by Briese, resolution adopted* - Resolution au'thOTizing and directing the'Mayor and City Clerk to exbcute the Petition hud-Agreement for Dependency Com*pentatilbn in the matter bf Russel* Ward. Upon motion by Tingley, second by Briese, resolution adopt6d. Resolution ordering -a hearing on amending a resolution levking special assessments for the construction of a ten inch water main to Elton Hills Addition. Upon motion by Haas, second by Morris, resolution adoptbd. Resolution confirming the report'of the'Commissioners on condemnation 6f land in the City of Rochester, Olmsted County, Minnesota for public pakking purposes (East 100 feet of Lots 10, 11 and-12; Block 21, Original Plat owned'by Elizabeth quammen, Trumann Quaramen, Gladys Fager, George Fager, Rachei Heindricks and William J_. Re cord of Official: Proceedings of - the, Coinin on Council of t he City of Rochester,. Minn., � January 6,1959 145 I U_J E I I . is I Hendricks for the sum of $55,660.00). Upon motion by Morris, second by Hass, the resolution was adopted and the City Clerk was instructed to tender a check in payment of the isaid- land. A motion was then made by Morris, second by Kamm, instructing the City Clerk to notify::the tenants living at 124 First Street Southeast that they vacate this property, which was condemned, by April 1, 1959. All voted in favor thereof. An Or dinance amending Section 11 "Amendments" of an Ordinance entitled, "An Ordinance for the purpose of promoting health, safety, order, convenience and general welfare'by regulating the use of land the location size use and height of buildings, and the arrangement of buildings.on lots, and the density of population within the City of Rochester, Minnesota, all in accordance with a comprehensive plan", was given its third and final reading. President Schroeder then stated this as being the time and place set.to hear anyone interested in the said ordinance. A delegation of approximately fifty people fr.om the�Horace Mann District were present,- Mrs. Arthur Betts, Secretary of the group, spoke opposing the adoption of the amendment on the grounds that (1) they did n�ot feel this was the time to amend the ordinance when six of the eight city offlblh--lss�ere holding offi w ce by appointment not by election (2) that it was their understanding that a new comprehensive zoning ordinance was being drafted and did not feel the old one should be amended at this time. She also stated that if the,- Council' were going totake.action on this amendment that the protest area should be fixed�l,at 700 feet instead of 200 feet, that i - f only the boundary of a protest area is:�touched by the limitation the entire property should be included and "neutral" property should be excl-dded. Miss Elizabeth Maclay, Mrs. Einar Lange Lyman Williams,�!David Bishop, Walter Scharnweber, W. E. Techau, Raymond Hanson, Robert Seidlitz;and Mrs. Elton Page were among those who opposed the ch . ange. Mr. Harry Meyer, MrI,: Roy Nordby and Mro Robert Gill each spoke'in favor of such an ordinance. R& Ve: ! Ehrick, City Attorney, then stated that he felt there was a need for a definite f ormula, to determine th.e validity of petitions and protests and with the restricited area here there is. nothing to prohibit property I owners.outside ,such area from 9 ubmitting objections t.o the Council* but felt it was necessary to have 11mits to determine whether a five -sevenths or six -sevenths vote is necessary to effect a zone change and he felt that property owners had "substantial protectio, with the six-sev enths vote feature. He further stated that the amendme does not i nt go into the legality of zone changes, agreed that spot zoning is illegal and that the only basis for a zoning ordinance is the protection of all property. A motion was then made by Alderman Haas that the said Ordi'nance be adopted as readc Alderman Briese seconded the motion and upon roll call and all is 146 Record of Official Proceedings of* the Common Council of the City of Rochester, Minn., January 6. 19 58 0 voting in favor thereof, except Alderman Morris and President Schroeder who each voted "no" (they did not feel the 200 foot -provision adequate), President Schroeder declared the said Ordinance duly passed and adopted, An Ordinance annexing to the City of Rochester Block. Five and the West one-half of Block Six, Highland Addition in Olmsted County, Minnesota, was given .its second reading. A motion was made by Alderman Morris, Chairman of the Fire Committee, that the Fire Chief, Frank W. Everett, be authorized to attend the 30th Annual Fire Department Instructors -Conference to be held at Memphis, Tennessee on February l8th through Febrary 21st, 1958 as requested earlier in the,meetingi Alderman Kamm seconded the motion and all.voted in favor thereofe* A motion was.made by Alderman Tingley that the Junior Chamber of Commerce be authorized to conduct a blue crutch drive In the City of Rochester on January llth, as part of the polio drive. Alderman DeWitz seconded the motion and all voted in favor thereof. - 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 streets, alleys, and other public places for the transmission, distribution and sale of gas and prescribing the terms and conditions of such franchise". was given its first reading. The following is a schedule of the rates as set f orth: Schedule of Maximum Rates for Firm Retail Gas Service First 600 cubic feet $1..00 (mimimum charge) Next 2,400 cubic feet @ 1,.05 per thousand cubic feet Next 47,000 cubic feet 0 56 per thousand cubic feet Next 50,000'eubic'feet @ :�3 Per*thousand cubic feet Next 200,000 cubic feet 0 4 per thousand cubic feet All excess . cubic feet .4o per thous'and cubic feet Discount: The above schedule is net; if bill is not paid within .ten.days, the gross rate applies, which is the net schdduld plus 10% of the cost of the first 50,000 cubic feet of gas or part thereof used. Schedule of Maximum Rates for Interruntible Retail Gas' Service First 600 cubic feet $l.o6 Next 2,400 cubic fdet 0 .99 per thousand cubic feet Next 47,000 cubic feet @ 535 per thousand cubic feet Next 50,000 cubic feet'@ -50 per thousand cubic feet Next 200,000 cubic feet 0 .37 per thousand cubic feet All excess cub.ic feet 0 .36 per thousand cubic feet A motion was then made by Alderman Kamm directing the license, committee to seek a firm to make a survey to clear up any questions that might arise in the minds of the Aldermen in regard to the suggested rate -and to recommend such'i.a firm -for Council approval, Alderman Tingley seconded the motion and all voted im favor thereof, Upon motion by Haas, second by Morris, the meeting was adjourned until 7:30 P. M- on Monday, January 20, 1958, ?<�, , L C rk ky Cle�. I I] I I *I