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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
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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
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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
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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
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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
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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
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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
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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.
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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
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Committee.
The recommendation of the City Planning and Zoning Commission that
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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
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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
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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.
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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
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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
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Record of Official -Proceedin' s -of the'Common Council
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of the City -of Rochester, Minn., . J a n'u a ry * 6.- 19 5 s
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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
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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
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construction of a trunk line sewer in 10th Street Southeast from 5th Avenue to 16th 11 0
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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
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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
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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, $77-90; E. To Watkins -Electric Motor
'l Proceedi s-of the Com 'on Council 143
Re ord of Officia ng In
of the City of Rochester, Minn., January '6, -. 1�9-98
U'�
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Co.$ $1.12; She.'rwin Williams Co.,.$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
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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
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ky Cle�.
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