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HomeMy WebLinkAbout03-03-1958'Record of Official Proceedings. of .the Common Council 901. of the. City. of Rochester, . Minn.,. March 3, 19 58 OSWALD PUBLISHIN13 CO., NEW ULM, MINN. 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. March 3, 1959. President . Schroeder calle& the meeting to order at 2:00 p. m. , the following members being present: President Schroeder', Aldermen Briese, DeWitz,, Haas, Kamm, Mo'rr,is, Tingley. Upon,motionby- Morris, second by Kamm, the minutes of the meetings of February 17th and26th, 1959 were approved,, • President Schroeder •stat.ed this as being the time and place set for the following hearings: Hearing on the proposed assessment for sanitary sewer, water main, - storm sewer-, service connections, grading and surfacing on 6th Street Southwest, Folwell Lane and Folwell Court in Folwell Heights Addition. There"was no one present wishing to be heard. " Hearing on the proposed assessment for construction of sanitary sewer, water main, -sewer and water s.eryice connections, grading and -bituminous surfacing and storm s-ewer in and on V -Avenue Northwest and 9th Avenue •Northwest in Kreter's Replat. There was no one present wishing to be heard. President_Schro_eder. stated this as being the time and place set for receiving and opening bids for the following projects: Bids for construction of a 1,000,000 gallon capacity steel water storage standpipe for the. West Service Area. The bids of Graver Tank & Mfg. Co. in the amount of 053,850.00; Pittsburgh-De.s Moines Steel Company �in the ,amount of $55, 470.00; Chicago Bridge- & Iron .Company in the amount of $49, 9,0:O:00;• The Darby Products of Steel Plate Corporation in the amount of $59,973.00 and a letter from -Bethlehem Steel Company stating that they were unable to bid, were each received and opened and upon motion by Haas, second by Morris, the bids were referred to the Water Committee and the Superintendent of the Water • Department for tabulation and report. All voted in favor of the mot ion. Bids for sale and removal of buildings on the East 100 feet of Lots 10, 11 and 12, Block 21, Original Plat (known as the Baihly propexty). The bid of John Fromdahl offering to pay to the City the sum of $75.00 and the bid of Sam & Wilbert Rueb that the City pay them the .sum of $500.00. for removal of the house a.nd garage here each 'received and opened and upon motion by Haas, second by Morris, the same were referred to the Public Grou3ids Committee and.the City Engineer for recommendation. All bote'd in favor thereof. Bids for sale and removal of two sets, of buildings located on the Dahlke farm -at the new municipal -airport. The bids of Lynwood D,ahlke' in the amount of $5,147.00 for all buildings -and Thomas F. Hanf in the amount of Record; of Official Proceedings of -the Common Council of .the City of -Rochester, Minn., March 3 ; 19 59 OBWALD PUBLISHIND CO., NEW ULM, MINN. WVS $500.00 for all buildings were each received and opened. Upon motion by DeWitz, second by Tiiigley, the.bids were referred to the Airport Commission. All voted in favor thereof. Bids for furnishing road oil, cutback asphalt and asphalt emulsi-on for us-e in the* City Engineer's Department. The following bids were received and opened and upon motion by Tingley, second by Haas, the same 'were referred tolthe Street Alley Committee and the City Engineer for tabulation and report: SkellZ Oil Com & o� i a. .S aT� ffr2del6v5ry$C-,4 . SOt000 gal. ® .1048 $8,3&.00 Cutback Asphalt: RC-1, RC-2, RC-3, RC,-4 35,000 gal. ® .1093 3,925.50 a • Standard. Oil Company. 10,000 gal. tank car delivery Road oil: SC-1, 'SC-2, . SC-3, SC-4 90,000 gal. 8 .0922, 7, 376.00 Cutback Asphalt: RC-1, RC-2,. RC-3, RC-4 35,000 ga.l. © .lo47 3, 664.50 Hydrocarbon Specialties, Inc. 10,000 gal. tank car d*el iv ery Road Oil: SC-1, SC-2, SC-3, SC-4 90,000 gal. ® .0917 7, 336.00 Cutback Asphalt: RC-1, RC-2, RC-3, RC-4 35,000 gal. � .1054. 3,6s9.00 Northwestern Refining Co. Truck transport delivery: Roa& oil: SC-2, SC-3, SC-4 20,000 gal. @ .loo6 2,012.00 Cutback Asphalt: MC-1, MC-2, MC-3, MC-4 20,000 gal. ® .1250 2, 500.00 RC-2, RC-3, RC- l}} 15,000 gal. @ .1300 1, 9 50.00 Asphalt Emulsion:' RS-1, RS-2 20,000 gal. @ .1400 21,900.00 - SS 1 1 10,000 gal. @ 14 0 0 1 ,400.00 L. 11. Sickels Co. Truck Transport delivery: Asphalt Emulsion: RS-1, RS-2 20,000 gal. @ .1395 2,770.00 SS-1 10,000 gal. @ .1395 1,395.00 Road Oil: SC-2, SC-3, SC-4 20,000 gal. @ .1260 2,520.00 Cutback Asphalt: MC-10 MC-2, MC-3, MC-4 , 20,000 gal. ® .7.360 2,720.00 RC-2, RC-3, RC-4 15,000 gal. ® .1395 2,077,50 Bids for furnishing crushed rock, sand, gravel, pea gravel and plant mixed bituminous mixture for use in the City Engineer's Department. The following bids were received and opened and upon motion by Haas, second by Kamm, the same were referred to the Street & Alley Committee and the City Engineer for tabulation • and report: Delivered in Loaded on Trucks Rochester at Pit or Quarry Patterson Rock Products Unit Price Tot. Unit Price Total crushed rock 4000 cu. yds. 1.30 5,200.00 Quarve and Anderson crushed rock 4000 cu. yds. 1.35 5, 400.00 Riverside Sand & Gravel Co. washed sand 1500 cu. yds. 2.05 3,075.00 1.35 2,175.00 pit -run gravel 3000 cu. yds. 1.90 5,700.00 1.35 4,050.00 pea gravel 200 cu. yds. 2.55 510.00 2.05 410.00 Rochester Sand & Gravel Co. Brushed rock 4000 cu. yes. 2.00 g,000.00 washed sand. 1500 cu. yds. 2.10 3,150.00 1.50 2,250.00 pit -run gravel 3000 cu. yds. 1.85 5,550.00 1.30 3,900.00 400.00 pea gravel 200 cu. yds. 2.50 500.00 2.00 Bituminous Mixture 5000 tons @ 3.90 19,000.00 Bituminous Material for mixture: cutback asphalt MC-3 ar 4 32, 500 gal. @ .14 4, 550.00 asphalt cement AC-1 125 tons @ 30.00 3,750.00 l • Record of Official Proceedings Hof the Common Council of the. City of.. Rochester, Minn.,. March 3 , , 1959 The recommendation of the Board of Zoning that the petition signed by Arden Schultz, Loretta Schultz, Carlos Ellis, Lenora Ellis, Emil G. Pelinka, Ruth A. Waldron and Jean E. Pelinka to have Lots 10 2 and 3, Block 1 and Lots 1, U- 2 and 3, Block 2 in Beltline Subdivision and the property described as, beginning C� C on -North line of 6th St. S. W. 44o feet west of the west line of 15th Avenue S.W. C� fh'ence'west to west line of .highway for place of beginning thencewest 197.5 feet, thence north 262.5 feet, thence east 166 feet to -road, thence southeasterly along road to beginning, Section 3, Town 106:Range 14 in Olmsted County, changed from • from a_residential zone to a commercial zone be not granted was read. Mr. Arthur Swan, Attorney representing the petitioners, was present and requested that the Council defer action on this matter until he had more time to study same. A motiox was made by Tingley, second by Kamm, that the matter be tabled until the meeting on March 17, 1959. All voted in favor thereof. Mr. B. H. Drummond, representing the Rochester Guest Home Association, was present in regard to the proposed ordinance prohibiting solicitation of guests in bus, railroad and airport premises and. providing penalties for the violation thereof. He stated that their organization was not opposed to the ordinance but thought other items such as requiring operating licenses could be included in the ordinance. President Schroeder informed him that the ordinance could. be revised while under consideration and srggest-ed that the interested parties meet with the License Committee.to discuss same... The following -letter was read: "Rochester City Clerk City Council -Rochester,-Minnesota Re: First Methodist Church Rochester, Minnesota Gentlemen: A request is hereby made for the consideration and the acceptance of the following proposal: 1.' That the City Council approve -a fire apparatus sprinkler system as detailed on attached drawings for -the prof etion against exterior fire hazards to the roof of the new • Methodist, Church Building at 4th St. and 5th Ave. S.W. 2. That the City Council, upon approval of the fire protection system mentioned, further approve the install- ation of split "shakes wood roof for the Church. Because of mininterpretation, by the owners representatives, of the City Codes pertaining to fire protection, the Roof Construction of the building was commenced and about three -fourths completed before the discrepancy was discovered and work stopped on this part.of the project. The owners now appeal for the acceptance of adequate fire protection system to be installed and the' split shakes roof be completed and used as it is now on the building. The Fire Protection System as presented herewith, is designed to satisfy the requirements of the National Board of Fire Under- writer's and is certified as approved. The system has been presented to and accepted by Mr. Frank Everett -Rochester, -Minnesota Fire Chief. Very truly yours, /s Daniel M. Robbins Supervising Architect" Mr. Frank Everett, Fire Chief, stated that if the sprinkler system was installed with the split shakes wood roof it would be satisfactory with him s and also with 0 - Record of. Official Proceedings of the Common Council of the City ofRochester, Rochester, Minn., March 3 .. 19 58 i the Fire Underwriters. A motion was then made by Alderman Kamm, that under the. circumstances and considering that it .has the approval of our Fire Chief and the National Board of Fire Underwriters and that they have assured us that residential rates would not increase because of this situation that this be approved and this information be made a part of the records and the City Attorney be instructed to prepare a resolution approving the request. Alderman Morris seconded the motion and all voted in favor thereof, except Alderman Tingley, who voted "no". The final plat of Edgewood Addition was submitted and upon motion by Kamm, second by Morris, thesame was referred -to the Planning and Zoning Commission and the City Engineer and the City Attorney was instructed to prepare a resolution approving the plat. All voted in favor thereof. i The final plat of Northern -Heights Addition was submitted and upon motion by DeWitz, second by Morris, the same was referred to the Planning and Zoning Commission and the City Engineer and the City Attorney was instructed to prepare a resolution approving the plat. All voted in favor thereof. A letter signed by Mae L. Jacobs of 1004 Second Street Southwest requesting that the Council do something about the nuisance caused by the dirt being washed down on the sidewalk on the lot next to hers and the snow not being shoveled was read. Upon motion by Tingley, second by Morris, the same was referred to the Street & Alley Committee and the City Engineer. All voted in favor thereof. A letter from the State of Minnesota, Department of Highways, stating that the traffic control signals at the intersection of T. H. #14 (12th St. S.E.) and 3rd Avenue S. E. had now been installed and were therefore turned over -to the City as of this date for maintenance and operation was read. President Schroeder ordered the same filed with the Police Department. A letter from the Rochester Band and Music Board requesting that the Council increase the salary of Mr. Harold Cooke, Director, by $1,000,00 effective April 1, 1958 was read. President Schroeder ordered the same filed, to be con- sidered when salaries are set. A letter from Wayne F. Clark requesting to be considered as an applicatn for an "Off sale ° liquor license If more are issued at some future date was read. President Schroeder ordered the same placed on file. A letter from the Rochester Junior Chamber of Commerce stating that they were going to conduct a.bingo game in -conjunction with their twenty-first annual Gypsy Frolic to be held on May 10, 1959 was read and President Schroeder..- ordered he same placed on file., A letter signed by Dick Postier requesting a loading zone in front of his porting store, at 215 - 4th Street Southeast, was read and upon motion by Morris, econd by Briese, the same was referred to the Police Committee and the Chief of- 1 • LJ L • olice. All voted in favor thereof. 0 • Record of Official Proceedings of the Common Council of the City of Rochester, Minn.,_ March 3. 1958 1 U-i Ca • 1 1 • E The following resolution adopted by the Public Utility Board was read and President Schroeder ordered the same placed on file: It Be it and it is hereby resolved by the Public Utility Board of the City of Rochester, Minnesota that the Common Council of the said City be and is hereby requested to authorize the said Board to enter into a contract with SI14PLEX WIRE AND CABEE COMPANY for the furnishing, in accordance with specifications, of 2,700 feet 400,000 CM Compact Sector Paper and Load Cable -Reinforced Neoprene Jacket, and 6 G & W Splicing Kits; the total amount of the said contract to be Thirteen Thousand Seven Hundred Forty One Dollars and Fifteen Cents ( $13, 741. 15) and the said Simplex Wire and Cable Company being the.lowest responsible bidder." Two letters from the Board of Public Health and. Welfare requesting that Mr. Robert Overton, garbage collector -driver and Mr. Roger Gergan, garbage collector -driver, receive 100% of base salary for. the period. beginning Februaryl6, 1959, in accordance with the provision of the resolution adopted by the Council on February 4, 1959, were each read. The said resolution provides that the department head shall certify to the Common Council when, in his opinion, the employee has attained the knowledge and experience expected or required of any employee who has 18 months service in his job classification. A motion was then made by Alderman Haas that the letters be returned and it be requested that the head of the department make the said certification. Alderman Kamm seconded the motion and all voted in favor thereof, Notice of claim of injury of Hazel L. Ne sl er in the amount of $5, 000.00 for injury sustained when she fell on -the sidewalk on the east side of 3rd Avenue S. E. in the 800 block was read and upon motion by Morris, second by DeWitz, the same was referred to the City Attorney. All voted in favor thereof. The request of Marvin 1-7. Price, City Assessor, for permission to employ eight (8) deputy assessors for a period of four months, beginning April 10 1958, war. read. Mr. Price was present and explained that there was more area to cover now and the time was limited by law and the he was requesting more men than last year. Upon motion by Tingley, second by Haas, his request was granted. All voted in favor thereof. A letter from the State of Minnesota, Water Pollution -Control Commission. stating that the plans recently submitted for sewerage facilities in Elton Hills Drive from 22nd Street N. E. to 16th Avenue N. If. were approved and a permit would be granted for same, was read and President Schroeder ordered the same placed on file. The recommendation of the Board of Zoning. that the petition of William and Rachel Cassidy and Home Opportunities, Inc. to Have Lots 10,11,12,13,14,15,16, 17, 18 and 19, Block 8, Sunset Terrace, changed from a residential to a multiple dwelling zone be granted was read. Upon motion by DeWitz, second by Morris, the recommendation was accepted and a hearing was set for April 7, 1958 at 7:30 P. X. All voted in favor thereof. 6 Record of Official Proceedings of the Common Council of the City of. Rochester, Minn., March 3, 1959 The recommendation of the Zoning Board that the petition of Ernest E. and Rose E. Schoenfelder to have Lot 6, Block 25, Northern.Addition changed from a residential to a commercial zone be granted was read. Upon motion by Haas, second by Tingley, the recommendation was accepted and a hearing was set for April 7, 1959 at 7:30 P. M. All voted in favor thereof. The recommendation of the Zoning Board that` the petition of Howard and Henrietta Grabau to have the East 93.6 feet of the Ncath 45 2/7 feet of Lot 7, Block 3, Origianal Plat changed from. a residential to a multiple dwelling zone be granted was read. Upon motion by Haas, second by Tingley, the recommendation was accepted and a hearing was set for April 7, 1959 at 7:30 P. M. All voted in favor thereof. The following letter to Mr. Emrold Thiem, Chairman of the Charter Comm- ission of the City of Rochester, from the Board of Park Commissioners was read: "Re. Charter Commission Amendment in regard to Mayo Civic Auditorium Dear Mr. Thiem: In regard to the above matter, we note with interest that you propose to give us'financial relief by taking the Mayo Civic Auditorium out of the Park System, thereby enabling you to provide funds to maintain and operate that building out of an Auditorium Fund, to be established on a l2 mill basis. We appreciate your concern as the 4-mill maximum is all needed for the balance of the park system, and the operation of the building out of these funds does limit our other activities. However; we feel that it is impossible to give us relief by this method because of the wording of the original grant. We quote from the letter from Dr. Mayo, published in -the Rochester Post -Bulletin on Saturday,, February 5, 1939: "the building so to be erected shall be known as, and called Mayo Civic Auditorium, and shall become a part of the park property of this city." We also quote from the Resolution, drawn by the City Council and the Mayor on the 7th day of February, 1939, wherein they say: "Whereas Dr. Charles H. Mayo and the Mayo Properties Association have offered to erect and equip an Auditorium in the Mayo Park and present it to the City _of Rochester as a part of the Park Property." We feel that Doctor Mayo and Associates, in making this grant to the City, desired it to be and remain, a part of the Park System, and if,it is at any time removed from - the said system, it would be' a violation of trust. Consequently, we are opposed to that separation. On'the other hand, we know that you are trying to help the Park system out of one of itts worse dilemmas and we do feel it is possible to do that, as our late Mayor, Claude H. McQuillan often pointed out, in our present City Charter, Chapter 11, Section 163, it does_ specify that first there shall be a General Fund, into which all revenues of the City shall be placed, except as are herein directed, to be placed in some other fund. The general fund may be used for any lawful purpose at the discretion of the Common Council and money may be temporarily or permanently transferred from the General Fund to other funds by the Council. Our interpretation of this would be that a transfer could be made each year from this fund to cover the operational deficit'of the Auditorium. Also, in the same section, the 4th item states "a permanent improvement fund in which shall be paid all taxes levied by the Common Council for the purchasing of grounds and erecting and repairing buildings for city purposes. Again we see no reason to believe that it is not perfectly legal to take care of the Mayo Civic Auditorium repairs out of the P. I. funds. • 1 1 • 1 1] 1 • 1 1 • 0 207 Record of Official Proceedings of the Common Council of the City of Rochester, Minn.march 3, 19 59: OBWALD PUBLIBHINB CO., NEW ULM, MINN. 5195 ' We again want to thank you for the i,nt erest you have in otr problem and hope that with this clarification you will be able to assist us in pro- viding a better service to the public on the management of the Park System, including the Mayo Civic Auditorium. , Sincerely yours, s BOARD OF PARK COMMISSIONERS By: A. J. Toddie, President Phil Lampman, Secretary". R. V. Ehrick, City Attorney, stated that in his opinion the amendment was valid and that the Attorneys for the Charter Commission had consideered the conditions under which the -auditorium was given to the City. He stated that he did not think the amendment -reflected a.breach of -trust or violated the provisions under which the auditorium became muncilbal property. He also stated that the amendment would leave the auditorium as park property but would provide for changed control of it and in his opinion there was nothing in the grant requiring that the auditorium be administered by the Park Board. A petition with 72 signatures requesting the City to acquire a small triangular tree area in the central section of Bielenberg & Giese's Fourth Addition to be used for a family and childrens park was read. Mr. Wm. Van Hook, Superinten- dent of Parks, was called in and he informed the Council that the site would be desirable as a play area, at one time,a larger area had been considered but they would be satisfied with the smaller one, he was instructed to prepare a written request for the smaller area. Upon motion by Haas, second by Kamm, the petition was accepted and the same was referred to the Public Grounds Committee. All voted in favor thereof. The recommendation of the Water Committee that the bids received for a 1,000,000 gallon steel water standpipe for the ;lest Service area will be held for review by Engineers was read and upon motion by Briese, second by Kamm, the recommendation was approved. The recommendation of the Street & Alley Committee that the bids for road oil and cutback asphalt in both tank cars and truck transport will be held for consideration until the next Council meeting was read and upon motion by Tingley second by Haas, the recommendation was approved. The recommendation of the Street & Alley Committee and the City Engineer that the bid of L. N. Sickels Company for the furnishing of the season's supply of asphalt emulsion for use in the City Engineer's Department be accepted at the unit prices bid and checks be returned to the unsuccessful bidders was read and upon motion by DeWitz, second by Haas, the recommendation was approved. The recommendation of the Street & Alley Committee and the City Engineer that the bid of Rochester Sand & Gravel Company for the furnishing of the season's supply of plant -mixed bituminous mixture for use in the City Engineer's Department be accepted at the unit prices bid and checks be returned to the unsuccessful bidder; was read and upon motion by Kamm, second by Morris, the recommendation was approved. pp owed. o _` 0 8 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., March 3, 1958 OSWALD PUBLISHING CO., NEW ULM, MINN. 5195 The recommendation of the Street & Alley Committee and the City Engineer that the following bids be accepted for furnishing the Season's Supply of Crushed Roch, Sand, Gravel and Pea Gravel for use in the City Engineer's Department and checks of the unsuccessful bidders be returned was read and upon motion by Briese, second by DeWitz, the recommendation was- approved, Crushed Rock: The bid of Rochester Sand & Gravel Co. The bid of Patterson Rock Products Washed Sand: The bid of Riverside Sand & Gravel Co. The bidof Riverside Sand & Gravel Co. Pit -run Gravel: The bid of Rochester Sand & Gravel Co. The bid of Rochester Sand & Gravel Co. Pea Gravel: The bid of Rochester Sand & Gravel Co. The bid of Rochester Sand & Gravel Co. ® $2.00 Cu. Yd. Delivered ® $1.30 Cu. Yd. at Quarry ® $2.05 Cu. Yd. Delivered ® $1. h5 Cu. Yd. at Pit ® $1.85 Cu. Yd. Delivered ® $1.30 Cu. Yd. at Quarry ® $2.50 Cu. Yd: Delivered ® $2.00 Cu. Yd. at Quarry. The application for transfer of 3.2 beer licenses "Cn and Off Sale" from Marion Hayes to Edward Eischen together with a letter from H. M. Fitzpatrick, Capt- ain of Detectives of the Rochester Police Department, stating that they had no derogative information on -Edward J. Eischen as to credit, criminal record or 1 character and recommending -that the license be transferred, were each read, and upon motion by DeWitz, second by Kamm, the transfer was granted. The applications of Garold V. Mails, Jerry's Beltline Sinclair, Edward J. Eischen.and William M. Rice for a license to sell cigarettes were each read and upon motion 'by Haas, second by Kamm, the licenses were granted. The applications of Edward J. Eischen and Garold V. Mails for a license to sell soft drinks were each read and upon motion by Morris, second by Briese, the licenses were granted. a Three contract bonds of the Rochester West Company in the amounts of $4,000.00, $14,000.00 and $16,000.00 with the St. Paul Fire & Marine Insurance Company as surety were each read and President Schroeder referred the same to the Mayor for his approval. The reports for the month of February, 1959 of the Building Inspector showing fees collected for building permits issued $290.00; of the Electrical Inspector showing fees collected for electrical permits issued $206. 50; of the Plumbing .Inspector showing fees collected for plumbing permits issued $193.50 and fees collected for sign permits issued $20.75 were each read and the same were ordered placed on file by President Schroeder. The reports of the Clerk of Municipal Court for the week ended February 21st , 1959 showing total criminal fines and costs collected and civil fees received $1, 552.10 and total remitted to the City Treasurer $1, 552.10; for the week ended February 28th, 1958 showing total criminal fines and costs collected and civil fees received $1,711.10 and total remitted to the City Treasurer $1,162.90 were each read u 1 1 • 1 0 • Record of Official Proceedings of the Common Council of the City of, Rochester, Minn., March 3, 1959 20a 9-. 11 L'7 n U 1 1 • 1 i and President Schroeder ordered the reports placed on file. The following resolutions were each introduced read and President Schroeder declared the same duly passed and adopted; Resolution accepting the bid of L. N. Sickels Company of furnishing asphalt emulsion for use in the City Engineerls Department during 1959. Upon motion by Briese, second.by DeWitt, resolution adopted. Resolution accepting the bids of Rochester Sand & Gravel, Patterson Rock Pruducts, Riverside Sand & Gravel Company for the furnishing of crushed rock, sand, gravel, pea gravel and plant mixted bituminous mixture for use in the City Engineer's Department during 1959. Upon motion by DeWitz, second by Haas, resolution adopted. Resolution initiating improvements and ordering report on Adequacy of petition and feasibility report and referrint to the City Engineer and Street & Alley Committee for the construction of a curb and gutter on 71 Avenue Northeast on Northwood Drive in Northwood Addition. Upon motion by Haas, second by Briese, resolution adopted. Resolution initiating improvements and ordering report on adequacy of petition and feasibility report and referring to the City Engineer and Street & Alley Committee for the construction of a curb and gutter on both sides of 12th Avenue Southeast from the North line of South Home Addition to 91 Street South- east. Upon motion by Kamm, second by Morris, resolution adopted. Resolution levying special assessments for the construction of a sanitary sewer, wateruain, service connections, storm sewer, grading and surf acin on ga Avenue Northwest and 9th Avenue Northwest in Kreter's Replat to be spread over a ten year period at,the rate of 5% interest. Upon motion by Morris, seconi: by Tingley, resolution adopted. Resolution levying special assessments for the construction of a sanita.r sewer, storm sewer, watermain, service connections and the grading and surfacing on 6th Street Southwest, Folwell Lane and Folwell Court in Folwell Heights Additic to be spread over a ten year period at the rate of 5% interest. Upon motion by Tingley, second by Briese, resolution adopted. Resolution appointing and designating the Commissioner of Aeronautics as agent of the City of Rochester for the carrying out of paving of the Municipal (new) Airport. Upon motion by Briese, second by DeWitz, resolution adopted. Resolution authorizing Public Utility Board to enter into contract with SIMPLEX WIRE AND CABLE COMPANY. Upon motion by DeWitz, second by Haas i resoluton adopted. Resolution granting one public dance permit to Rochester Junior Chamber Of Commerce. Upon motion by Haas, second by Kamm, resolution adopted. p d. Record of Official Proceedings of the Common Council of the City of Rochester, Minn., March. 3, 19 58 OSWALD PUBLIBNIN13 CO-, NEW ULM, MINN. 5195 Resolution appropriating $3,015.62 from the Park Improvement Fund and ordering payment made to Mayo Civic Auditorium Revolving Fund. Upon motion by Kamm, second by Morris, resolution adopted. Resolution appropriating $52.55 from the General Fund, $3.90 from the Street & Alley Fund and $163.14 from the Fire Protection Fund and ordering payment made to H. Dornack and Sons. Upon motion by Morris, second by Tingley, resolution adopted. Resolution appropriating $914.27 from the Park Improvement_ Fund and ordering payment made to First National Bank. Upon motion by Tingley, second by i Briese, resolution adopted. Resolution appropriating $83.88 from the General Fund, $2.00 from the S & A Fund, $l, 34o.64 from the Sewer Fund and $71p4O2.61 from the Lighting Fund and ordering payment made to City of Rochester, Public Utilities. Upon motion by Briese, second by DeWitz, resolution adopted. Resolution appropriating $1,973.76 from the General Fund, $201.52 from the S & A Fund and $1, 451. 48 from the P. I. R. Fund and ordering payment made to General Fund, $1, 451.48; A. R. Cooke & Son, $201. 52 and Park Department, $1,973.76. Upon motion by DeWitz, second by Haas, resolution adopted. Resolution appropriating $4, 491. 56 from the P.I.R. Fund and ordering payment made to DeGidio-Stein Venture. Upon motion by Haas, second by Kamm, resolution adopted. Resolution appropriating $10,058.68 from the Park Improvement Fund and. ordering payment made to Mayo Civic Auditorium Revolving Fund. Upon motion by Kamm, second by Morris, resolution adopted. Resolution appropriating $246.50 from the Street & Alley Fund and ordering payment•made to Littrup Nielson. Upon motion by Morris, second by Tingley, resolution adopted. Resolution appropriating $6,953.99 from the General Fund and ordering • payment made to Vincent S. Lilly and John M. Sharp, his Attorney, John L. Von Feldt and Stein & Stein, his Attorneys, and The Olmsted County Bank and Trust Company. Upon motion by Tingley, second by Briese, resolution adopted. Resolution ordering a hearing on the vacation and abandonment of 18th Avenue Northwest from 181 Street Northwest to 19th Street Northwest in Sunset Terrace Addition. Upon motion by Briese, second by DeWitz, resolution adopted. Resolution appropriating $6, 472.75 from the P.I.R. Fund and ordering payment made to Forsberg-Georgi Company. Upon motion by DeWitz, second by Haas, resolution adopted. The following claims were each read and upon motion by Morris, second by IDeWitz, the same were approved and the Mayor and City Clerk were authorized and Record of Official Proceedings of -the Common Council `° of the. City of, Rochester, Minn., March 3, .1958 6 OSWALD PueLI5NINO CO., NEW ULM, MINN. 5195 - - directed to draw warrants upon the'City Treasurer and make payments accordingly: From the General Fund: Trautner Sales Company, $5g.09; C.A.Armstrong, $8.90; Charles H. Dornack, $39.00; Marie A. Bolton, $85.88; Emil J. Aufenthie, L,0 $30.00; West Publishing Co., $40.00; J. C. Penney Co., $7.80; Rochester Transfer & Storage Co., $25. 50; Viktor 0. Wilson, M.D. , $158.00; H. A. Rogers Co., $65.00; Paul Plantz, $36.75; David S. Kirk, $16.45; Oswald Publishing Co., $10.00; Viktor C� 0. Wilson, M. D. $20.00; Chamber. of Commerce, $66. 66; C. A. Cottingham, $76.00; Matthew Bender & Co., $15.00; Clerk of District Court, Ramsey County, $5.00; Cleo Jordan, $54.70; Industrial Commission -of Minnesota., $158.40; Construction Bulletin, $40.90; Ineternational Business Machines,'$39.67; Automatic Voting Machine Corp., $121.98; biller Davis Co., $19.29; West Publishing Co., $3.00; Thiem Signs, $7. 50; William Burrows, $40.13; Garnet Spring, $22.'50; Borchert Ingersoll, Inc., $36.53; Oleos Floor Mart, $31.80; Peoples Natural Gas Co., $75.76'; Gerald + Cunningham, Sherriff, $10.82; Witte Transportation Co., $5.4p; Arnolds Supply Co., $2.50; Rochester Dry Cleaners, $92.60; Joe Moore, $29.75; Johnson Service Co., $42.92; Bergstedt Paint, $34.94; Anderson Radiator Service, $35.65; General Trading Co., $9.88; Socony Vacuum' Mobil Oil Co., $29.40; Reeve's Drug Store, $7. 99; N. * W. Bell Telephone Co., $74. 90; Beckley Business Equipment Co. , $24.00. From the Street & Alley Fund: Peoples Natural Gas Go., $68.70; Lange ' s Auto Glass Shop, $19.25; The Sanitary'Co., $7.87; R. C. Drips Grocer Co., $54.75; Phillippi Equipment Co., $29.11; Wm. H. Ziegler Co., $29.91; Clements Chevrolet Co., $19.09; Public Works Equipment Co., $15.01; Firestone Stores,-$160.79; Parkhill Brothers, $1.85; Andersan Radiator Service, $144.52; General Trading Co., $5.48; Socony Mobil Oil Co., $52.61; General Trading Co., $132.72; Gopher Welding, $13.75. From the Fire Protection Fund: Ole's Floor Mart, $2.09; Peoples Natural Gas Co., $76. 51; N. W. Bell Telephone Co., $35 45; Frank W. Everett, $145, 40; Kenneth Stoltenberg, $81.70; Fire and Safety, Inc., 8. ; $ 55 Northern Ordinance, Inc., $27.36; General Trading Co., $46.97; Gopher Welding Supply, $10.00; Industrial • Towel & Garment, Inc., $8.10; Rochester Mattress Co. $26. 55: Adair Electric, $4.40; Rochester Soft Water Service, $4.00.' From the Sewer Fund; Clements Chevrolet Co., $2.98; Firestone Stores, $14. l0 • Parkhil l Brothers, $2. 78; General Trading Co., $14.11; Municipal Equipment Co., . $96. 51; ,Reeve's Drug Store, $1.10; Minneapolis Honeywell Regulator -Co., $189.05; Fairbanks Morse and Co., $35.27; Michel Sales Co., $139.00. From the Park Improvement Fund: City of Rochester, P.U. , $15. 05; N. W. Bell Telephone Co. , . $40.00; Peoples Natural Gas, $66.92• Cal Smith $100.00. From -the Police Protection Fund: Reuben Rieck, $40.00; General Trading Co.. $4.3.4; Fay's Skelly Service, $5.60; James J. Macken, Jr., $2.00; Beckley Business Equipment Co., $7.85; Weber and Judd Co., $4 72; DeFosse Skelly Service, $5.65; Jahn's Auto Repair, $14.35; Clements Chevrolet Co.,S $18- 95; T. 0. Wellner,M.D1 l Record of Official Proceedings of the Common Council of the City of Rochester, Minn.. March 3. 1958 OBWALO PUBLISHING CO.. NEW ULM. MINN. 5195 $1.25.00; Carl J. Briese, $24.' 90; Harry S. Stai, $24.90. 4 Alderman Tingley stated that the Chamber of Commerce had set up a Community Appeals Council, the general purpose of which was to aid by its approval the raising of funds for worthy projects of local, national, or inter- national origin involving solicitation of a general city-wide nature, within the city. The specific purpose of this organization is to study and analyze the various appeal campaigns, to approve or disapprove their being, to establish dates and times for such approved campaigns, and to keep the general public as well as the members informed of each action. The organization requested that the a member of the Council be appointed to the Community Appeals Council. A motion was made by Alderman Haas that the Chair appoint Alderman Tingley t.o serve on the said Community Appeals Council. Alderman Kamm seconded the motion and all voting in favor thereof., President Schroeder appointed Alderman ,Tingley to the.said Council. Alderman Tingley stated that he and Mayor Bach.had attended a meeting at s which bus operations in the City of Rochester had been discussed. A survey is to be made of the Rochester Bus Lines operations, routes, schedules and rates,•the cost of the survey to be approximately $2,500.00, It was requested that the City participate in this cost together with the Bus Company and the Board of Education. A motion was made by Alderman Haas that the,City participate in the cost of this survey and that an amount not to exceed $500.00 be appropriated for this survey. Alderman Kamm seconded the motion and all voted in ,favor thereof. Representatives of Country Club Manor were present and presented a proposed plat for the rerouting of Cascade Creek. David T. Bishop, Attorney for Mr. Frederick Furlow over whose land the creek runs, was present and asked that the Council delay action on this matter until Mr. Furlow had a chance to contact his engineer to be present. A.motion was made by Alderman Haas that the Council ' recess while an explanation of the submitted plat was heard by the Sewer Committee and the other Council members also present. Alderman DeWitz seconded the motion and upon roll call Alderman DeWitz, Haas, Morris and President.Schroeder voted in • 1 favor of the motion and Aldermen Briese, Kamm and Tingley voted "no". The motion was carried and the meeting was recessed until 7:30 P. M. President Schroeder called the meeting to order at 7:30 P. M., the, following members being present: President Schroeder, Aldermen Briese,-DeWitz. Haas, Kamm, Morris and Tingley. A resolution authorizing and directing the Mayor and City Clerk to execuie the necessary application for membership in Dairyland._Power Cooperative and ordering payment of membership fee in -the sum of $10.00 was read. Upon motion a by Briese, second by DeWitz, and all voting in favor thereof, President Schroeder•' declared the resolution duly passed and adopted. Record of Official Proceedings of the Common Council of the City. of Rochester, Minn., March 3, 1959 1 • 1 1 u n A motion was made by Alderman Tingley that the bids received earlier in the evening from John Fromdahl and Sam and Wilbert Rueb for the -sale and removal of the buildings on the East 100 feet of Lots 10, 11 and 12, Block 21, Original Plat be rejected and certified checks be returned to the bidders and the Public Grounds Committee -be given authority to negotiate for the -sale of trhe said buildings. Alderman Kamm seconded the motion and all voted in favor thereof. A letter signed by Edith C. Day of 103 - 2nd Avenue N. E. complaining about the condition of the sidewalk on lst Street Northeast between Broadway and 1st Avenue Northeast was read and upon motion by Kamm, -second by Haas, the same was referred to the Street & Alley Committee and the City Engineer. All voted in favor thereof. The applications f-or "off sale' liquor license of Ralph A. Graen; Joe Daly, Sr. and Joseph R. Daly; Michael J. Kitzman; Donald W. McConnell; Edward C. Livingston and Norman Wyatt d/b/a DeLuxe Liquor Store; Gus A. Chafoulias and Anna Chafoulias d/b/a Andy's Liquor Store; Huey's Drive -In Liquor Store, Inc. ; Arthur Glasenapp, Ross Mayho*od and Roy Bennett; Sam Golob d/b/a Bob's Liquor Store; and Chris Margellos d/b/a Kentucky Liquor Store, were each read. Upon mention by Briese, second by DeWitz, the licenses were granted, subject to the approval of the State Liquor Control Commiss-Toner. All voted in favor thereof. The license bonds of Edwa-rd.C. Livingston & Norman Wyatt d/b/a DeLuxe Liquor Store; Anna A. Chafoulias & Gus A. Chafoulias; Joe Daly Sr. & Joseph R. Daly d/b/a Daly Liquor Store; Sam Golob d/b/a Bob's Liquor Store; Ralph A. Graen d/b/a Graen Liquor Store and Chris Margellos each in the amount of $1,000.00 with the Western Surety Company as surety; Donald W. McConnell and Michael J. Kitzman each in the amount of $1,000.00 with Saint Paul Fire and Marine Insurance Company as surety; Roy G. Benne,vt, Ross Mayhood andArthurGlasenapp d/b/a Rochester Liquor Stnpply in the amount of 41,000.00 with the Travelers Indemnity Company as surety; nd rive-ILiq uor quor Store, Inc. in the amount of �- Huey D$1, OOO!_00, with the 'Hartford Accident and Indemnity Company a.s surety were each-. Upon motion by Tingley, second by Briese, the bonds were approved, .the surety thereon accepted and the same were ordered placed on file. All voted in favor thereof. Alderman Kamm introduced a resolution confirming the report of the Commissioners on Condemnation of certain parcels of land in Lot thirty-nine of State Plat of Section thirty-six, Township One Hundred Seven, Range Fourteen, Olmsted County Minnesota for public street and public park purposes, QAch was read, Upon motion by Haas, second by Briese, and all voting in favor thereof, President Schroeder declared the said resolution duly passed and adopted. The following recommendation of the License Committee was read and upon a 0 214 _ Record of Official Proceedings of the Common Council of the City of Rochester,. Minn., March 3, 1959 OSWALD PUBLIBNIND CD., NEW ULM• MINN. 5i95 motion by Haas, second by Briese, and all voting in favor thereof except Aldermen Tingley and Kamm, who voted "no", the recommendation was accepted: "Honorable Mayor. and Members of the Common Council Rochester, Minnesota Gentlemen: lie the undersigned Members of the License Committee of the Common Council hereby recommend that the Schedules -of Maximum Rates for Firm and Interruptible Retail Gas Service as set forth in the in the ordinance introduced by Alderman J. C. Haas on January 6th, 1959 be amended before adoption of such Ordinance so -as -to read in their entirety as follows: SCHEDULE OF MAXIMUM RATES FOR FIRM RETIAL GAS SERVICE • First 600 cubic feet ® $1.00 (minimum charge) Next 29400 cubic feet ® 1.06 per thousand cubic feet Next 47,000 cubic .fee.t @ .575 per thousand cubic feet -Next 50,000 cubic feet ® . 52 per thousand cubic feet Next 200,000 cubic feet 045 per thousand cubic feet All excess cubic feet 0 :41 per thousand cubic feet Discount: The above schedule is net; if bill is not paid within ten days, the gross rate applies, which is the net schedule plus 10%'of the co-st of the f'lrst 50,000 cubic feet of gas or part thereof used. SCHEDULE OF MAXIMUM RATES FOR INTERRUPTIBLE RETAIL GAS SERVICE First 600 cubic feet @ $1.00 (minimum charge) Next 2,.E+00' cubic feet ® . 1.06 per thousand cubic feet Next 47,000 cubic feet ® . 575 per thousand cubic feet Next 50,000 cubic feet ® .52 per thousand cubic feet Next 200,000 cubic feet ® .37 per thousand cubic feet All excess cubic feet ® .36 per thousand cubic feet Minimum bill: Stich sum d.s will cover interest and depreciation on investment required to serve customer. Respectfully submitted, s J. C. HAAS License Committee /s S. M. MORRIS ' n 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 franchis®", was given its third and final reading. A motion was made by Alderman Haas, that the said ordinance be amended as�recommended in the above quoted recommendation of the License Committee. Alderman Briese seconded the motion and all voted in favor thereof, except Aldermen Kamm and Tingley, who voted "no". A motion was then made by Alderman Haas that the said Ordinance be adopted as amended. -Alderman Briese seconded the motion and upon roll call and Aldermen Briese, DeWitz and Haas voting in favor thereof, and Aldermen Kamm, Morris, Tingley and President Schroeder voting "no", President Schroeder declared the said ordinance not adopted. An Ordinance annexing to the City of Rochester, Minnesota, Block Five • Record of Official: Proceedings of- the Common Council of the City of Rochester, Minn., March 3, 19 5g and the West one-half of Block six, Highland Addition, in Olmsted County, Minnesota, was given its third.and final reading. A motion was made by Alderman Haas that the said ordinance be adopted as read. Alderman.Kamm seconded the motion and all voted in favor thereof, President Schroeder declared the said ordinance duly passed and adopted. Alderman Haas was excused at 8:30 P. M. Alderman Kamm introduced a resolution authorizing the Building Inspector to permit alternative mode of construction at the new Methodist Church • (use of split. shakes wood roof together with installation of sprinkling system) which was read. Upon motion by Kamm, second by Momts, the resolution was adopted. All voted in favor thereof, except Alderman Tingley, who voted "no". An Ordinance prohibiting solicitation of guests in bus, railroad and airport premises and providing penalties for the violation thereof, was given its second reading. An Ordinance Providing for the removal of snow, ice, dirt - and rubbish from sidewalks, the collection of the costs of such work when done bir the - municipality as a special assessment against property benefited -and providing penalties for violation, was given its second reading. R. V. Ehrick, City Attorney, reported that a compromise settlement had, been reached in the personal injury claim case of Emma A. Williams for the sum of $675.00 and recommended that the Council approve this and appropriate money to pay same. Alderman Morris then introduced a resolution appropriditing $675.00 from the General Fund and ordering payment made to Emma. A. Williams and here Attorneys, Pemberton, b:ichaels and Bishop. Upon motion by Tingley, second by Kamm, the resolution was adopted. An order to show cause and temporary injunction re: condemnation of certain lands for airport purposes, City. of Rochester, petitioner vs Albert P. • Dahlke and Nora Dahlke, appelants was read. R. V. Ehrick Cit y Attorney, reported that he would represent the City at the hearing on same which was to 'be held at 3:00 P. M. on March 7, 1959. A letter from R. 0. Weyrauch, Assistant Vice President of the First National Bank of Minneapolis, was read which offered to render a service to the Eity of Rochester in- the, safekeeping of their $1,760,000 U.S. treasury bonds, notes and certificates. They would collect the principal and interest and credit the City Account at the First National Bank of Rochester for a fee of 250 per thousand prorated qua-rt.e.rly throughout. the year. Mr. S. C. Andrews also recommended to the Council that they consider investing some of the excess funds in certain banks in the'City. Upon motion by Kamm, second by DeWitz, these matters were referred to the Finance Committee to report back to the Council if the same would be acceptable. All voted in favor thereof. •Upon motion by Kamm, second by DeWitz, the meeting was adjourned until 300 P. M. on Ilarch 12, 1959. CiAy Clerk J