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HomeMy WebLinkAbout12-08-1958616 Record of Official Proceedings of the Common Council of the City of Rochester, Minn.,' December 8, 1958 E Minutes of a meeting of the Common Council of the City of Rochester, Minnesota, held in the Council Chambers in the City Hall, in said City, on December 8, 1958. President Kamm called the meeting to order at 2:00 o'clock P. M., the following members being present: President Kamm, Aldermen Haas, Hanlon, McGuckin, Morris, Tingley, Wilkus. Upon motion by Morris, second by McGuckin, the minutes of the meeting of November 17, 1958 were approved. President Kamm stated that at this time the matter of installing some type of signal or taking some action on setting a hearing to receive evidence of the hazardous nature of the Railroad crossings at llth Avenue Northwest would be discussed. He said the recent accident at this intersection had emphasized the hazardous nature of these crossings and the inadequacy of the crossing signs located there and he thought that some action should be taken to install some kind of signal or request the Railroad and Warehouse Commission to investigate and hold a hearing if necessary. He then called on the Mayor and Aldermen for their comments. Mayor Smekta stated that due to the recent unfortunate accidents at the Railroad crossing at llth Avenue Northwest the danger at this crossing had again been emphasized and he felt automatic signals should be installed. He felt that the increase in traffic over this crossing generated by construction of the John Marshall High School, Washington School, St. Pius Church and School and other churches and the growth of the city northwest was sufficient new evidence to warrant reconsideration of this crossing by the Railroad and Warehouse Commission. He also stated that the Parking and Traffic Committee had recommended installation of automatic signals at this crossing. Alderman Hanlon stated that the City Security Committee.and the Mayor's Parking and Traffic Committee had been studying all school and railroad crossings and he felt more than just 6th and llth ,Avenues should be considered. Alderman Morris stated he had been present in 1953 when the Railroad and Warehouse Commission had a hearing on this praticular crossing and other railroad crossings in the City and it was his impression that at that time they did not have the funds to install signals at the crossings but they were going to try to put in one signal each year but he did not recall that the City was to participate in the cost. However,.he felt that the increase in traffic warranted a new study on the situation. Alderman Tingley stated that he had also been at the hearing in 1953 andthe Railroad and Warehouse Commission at that time did not feel that signals were necessary. He felt that the accidents that have occurred since then have proved that signals are not only desirabl.e but necessary. He also stated that part of this property is in the county and part in the city and he thought the County should be called in on the matter. Alderman Wilkus stated that we not only had a problem at the Northwest crossings but also at the Northeast crossings and felt a study should be lmade on all railroad crossings. Aldermen Haas and McGuckin agreed that something should be done as soon as possible. Mr. T. L. Hicks, North Western Freight and Passenger Agent, stated that this was a very serious problem and is getting more serious every day and thought the request to meet with the members of the Railroad and Warehouse Commission and also the signal officials from his Railroad it 1 1 • 1 • • Record of Official Proceedings of the .Common Council of. -the ..City. of Rochester, .Minn.,. December 8-, 1558, 617 I� I � U 1 1 1 Company a very good one. Upon inquiry from President Kamm, he stated that a stop gap signal could be installed quite speedily, -but on a regular traffic signal it would take longer because even after the Railroad and Warehouse Commission had approved it their company would not be able to install it before spring. After hearing those present a motion was made by Alderman.Wilkus that we take action immediately to install flashing red signals at the intersection of llth Avenue Northwest and the Railroad tracks and some explanatory signal be installed preceeding the flashing signals and that we facilitate the meeting with the Railroad and 'Warehouse Commission immediately. Alderman Morris seconded the motion and all voting in favor thereof,, except Alderman Hanlon who voted "no", President Kamm declared the motion carried. R. V. Ehrick, City Attorney commented that their were some legal problems that would have to be taken into consideration; the fact that according to the Minnesota Statutes the Railroad and . Warehouse Commission have exclusive control of the signals at these crossings and one of the duties charged against the Commission is the provision of uniform Railroad signs and signals and suggested that a petition or resolution be presented to,the Railroad and Warehouse Commission for a hearing to determine if this is a hazardous crossing and maybe they would permit the City to install a red flasher signal immediately, but he did not think the Railraod and Warehouse Commission should be overlooked and permission should be obtained from them before a signal is installed. A motion was then made by Alderman Tingley that -the City Attorney be instructed to prepare a resolution requesting the Railroad and Warehouse Commission to investigate the crossings at llth Avenue Northwest and 6th Avenue Northwest by the Railroad tracks and order a hearing on same. Alderman Haas seconded the motion and all voting in favor thereof, President Kamm declared the motion carried. A letter signed by Woodrow W. Hayes, Deputy Director of Civil Defense, requesting that an additional $1500.00 be appropriated in the current Civil Defense budget for 1958 was read. Mr. Charles Campbell, Police Coordinator, was present and informed the Council that the $1500.00 would be used primarily for the Police Coordinator's salary and for two auxiliary police units and items and that one-half of these items would be refunded by the Federal Government. (`this program was not set up at the time the budget was set for this year). A motion was made by Hanlon that this request) be granted and $1500.00 be appropriated in the General Fund for use of the Civil Defense program. McGuckin seconded the motion and all voted in favor thereof. A letter from E. Beader of 910 Memorial Parkway asking whether or not any plans are underway for beautifying Memorial Parkway was read. He felt it was very drab looking because of lack of trees and boulevard improvements. Alderman Hanlon inquired as to what department took care of such work and thought a definite plan should be used throughout the City for planting of trees and care of such islands. Alderman Wilkus stated that there was an island on loth Avenue.Northwest between loth and 12th Street that was in the same condition. C. A. Armstrong, City Engineer, stated that the maintenance of these two islands had been given to the Park Department but he did not know who was in charge of beautification. A motion was made by Tingley, second by Morris, that the letter be • 618 Record of Official Proceedings of the Common Council of the City of Rochester, .Mimi., December 8, .1958 GSWALG PUBLISHING CO., NEW ULM. MINN. 6195 referred to the Park Department. All voted in favor thereof. A letter signed by Miss Edythe M. Palmer of 816 - 14th Avenue S. W. that she wished to have the assessments against Lots 7 and 8 in Block 2, Parkins Addition for the construction of the sanitary sewer in 14th Avenue Southwest between 8th and 9th Street Southwest assessed on the tax roll was read and upon motion by Tingley, second by Wilkus, the same was approved. All voted in favor thereof. . A letter from the Rochester Home Builder's Association stating that they were interest- ed in purchasing land or lots from the Old Airport Site when it becomes available was read and President Kamm ordered the same placed on file. A letter from the Northwestern National Bank requesting that the Council accept $100,000.00 2 5/8% U. S. Treasury Bonds due 2-15-65 as a substitute for a like amount of 2 1/2% U. S. Treasury Bonds due 12-15-58 which are presently pledged to secure City of Rochester deposits in their bank was read and upon motion by Haas, second by Wilkus, the same was referred to the Internal Affairs Committee. A notice of a public hearing from the State of Minnesota, Department of Highways, to consider proposed amendments to the State Aid Rules and Regulations was read. The said hearing to be held in the auditorium of the State Office Building at 10:00 A. M. on January 5, 1959.- Upon motion by Tingley, second by Wilkus, the same was referred to the City Engineer and he was author- ized to represent the City at this hearing. All voted in favor thereof. The following letter regarding a request for a service alley for 6th Avenue N. W. was read: "The Honorable Mayor and City Council Rochester, Minnesota Subject: Service Alley for Sixth Avenue N. W. Gentlemen: Sixth Avenue Northwest between Seventh Street and the railroad tracks has become increasingly active as a commercial business area. This activity has resulted in a great number of large semi trucks bringing materials in and out of the businesses located on this street. This street also serves as the street that carries the Junior High School and the Lourdes High School traffic coming from the Northwest Rochester area. This traffic constitutes both motor vehicles and pedestrians and as a result, during the periods of 7:30 to 8:30 there are many hazards created due to the commercial vehicles loading and unloading at the same time that school traffic is being handled. In view of the above, the below listed property owners on the west side of this street request that the City of Rochester make an engineering survey to determine the feasibility of providing a service alley between the park property adjacent to the ri- v ver and the commercial businesses located on the west side of the street. A preliminary survey with interested persons has indicated that the alley could start north of the Chicago N. W. railroad tracks and follow parallel to the track to a point where the present city park property is. At this point the alley could turn north and extend parallel to the river to that it could connect either to Seventh Street N. W. near the present bridge,or connect to Sixth Avenue N. W. on the property presently owned by the Rochester Veterinary Clinic. This service alley is considered for the best interests for the City of Rochester for the following reasons. A. It would remove the large semi trailer type trucks from Sixth Avenue N. W. which would minimize the present traffic congestion. B. It would remove the present hazard whereby commercial vehicles are backing into commercial businesses, which results in crossing of the sidewalk and at times blocking of the sidewalk. C. It would provide better access for fire protection. D. It would provide better and easier access for police department inspection. E. It would allow an easy access to the park department for maintenance of the park property on the east side of the river. 1 • 1 1 • I� 11 Record of. Official -Proceedings -.of the -Common Council of the City of Rochester, Minn., December 8, 1958 • 1 1 �J As a matter of information representatives of the Northwestern Railroad have been contacted and they have agreed to allow the use of their property adjacent to their tracks for this purpose, however they did stipulate that a barrier would be required between the tracks and the alley. Thanking you for your consideration of this request, we remain Very truly yours, /s Rochester Veterinary Clinic by B. Hohn, partner Pete's Paint and Body by Elmer Riege Ut. Engr. Copp by W. A. Swenberg Reynolds Wholesale Co., Inc. by Donald T. Petersen Harnack's Furniture by E. Harnack American Linen P Ashley Dist. Co.) B. Leitzen Rochester Carpet) A motion was made by Wilkus, second by Morris, that the above letter be referred to the Public Works Committee and the City Security Committee. A motion was then made by Haas that the City Security Committee be deleted from the above motion; Hanlon seconded the motion and all voting in favor thereof, President Kamm declared the motion carried. A vote was then taken on the original motion as amended, and all voting in favor thereof, President Kamm declared the same carried. A letter from Paul Kreter submitting a plan for off-street parking in regard to his petition for multiple dwelling of Lots 9, 10, 11, 12, 13, and 14, Kreter's Replat was read. Upon motion by Tingley, second by Haas, the above letter and off-street parking plan were referred to thke Public Works Committee and the Planning Commission. All *voted in favor thereof. charges: Russell C. Andrews, Assistant City Clerk, presented the following report on sewer service "Our annual sewer service charges are expected to produce about $235,000 in revenue during the year ending March 31, 1959. This estimate was made by A. J. Lentfer, Sec. of Public Utility Board. The cost of operating the Sewage Treatment Plant is expected to be $95,000 and the debt redemption charges $205,000 for the ensuing fiscal year. Therefore, it is recommended that the sewer service rates be raised to produce 27.6% more revenue. This may be accomplihsed by amending or repealing the following Ordinances: Ordinance No. 879 - An Ordinance Amending an Ordinance Entitled, "An Ordinance.Establishing charges and rates for the Use and Service of the Sewage Works of theCity of Rochester, Minnesota.." Ordinance No. 964 - An Ordinance Prohibiting the Installation of Certain Garbage Disposal Units. Ordinance No. 964 prohibits the further installation and use of new commercial disposal units pending completion of scientific studies to determine the capacity of the existing plant to process the additional load and a determination of the proper rate for this service. It is further recommended that a committee be appointed to study a new proposed rate structure. The committee should probably include Mr. Hogenson, Supt. of the Sewer Treatment Plant; Mr. Armstrong, City Engineer and Mr. Lentfer, Secretary of the Public Utility Board. It may be a good public relations gesture to inform the larger customers including the Public Schools, St. Mary's Hospital and The State Hospital that we intend to raise the sewer service rates by 25 to 30% as of a certain date. It may be difficult to collect an additional amount from the State Hospital prior to July 1, 1959 because their budget is fixed for the periodn ending June 30, 1959. We must notify them now so that their requested budget may be raised now, prior to legislative approved next spring." A motion'was made by Haas, second by Tingley, that the above recommendation be referred to the Public Works Committee, Mr. Hogenson, Mr. Armstrong and Mr. Lentfer for study and recommendation. A motion was then made by Wilkus, second by Hanlon, that the above motion be amended to include the Internal Affairs Committee and the City Security Committee. A motion was then made by Tingley, second by Wilkus, that the motion be amended to read that it be referred to the Council as a Committee of the Whole, and all voting in favor thereof, President Kamm declared the motion carries:. 0 620 Record of Official Proceedings .of the Common Council of the City of .Rochester, .Minn., December 8, .1958 DBWALD PUBLISHING CO., NEW .1... MIN N. 5195 President Kamm then called for a vote upon the first amendment, and upon roll call and Haas, Morris, Tingley and Kamm voting "no" and Hanlon, McGuckin and Wilkus voting "aye", President Kamm declared the motion lost. President Kamm then called for a vote on the original motion as amended (that this be referred to the Council as a Committee of the Whole, Mr. Hogenson, Mr. Armstrong and Mr. Lentfer) and all voting in favor thereof, President Kamm declared the motion as amended carried. Upon motion by Tingley, second by Morris, a fifteen minute recess was declared at 3:00 P. M. The meeting was called to order again at 3:15 P. M. with all members being present. A letter from the State of Minnesota, Water Pollution Control Commission, approving plans submitted for sewerage facilities (13k Street Northwest from Broadway to 12th St. N. E.; along 12th Street N. E. to 2nd Avenue N. E. and along 2nd Avenue N. E. to 7th Street N. E.) was read and President Kamm ordered the same placed on file. The claim of injury of Mrs. Teresa Benesh of 1700 Second Avenue Southeast, Cedar Rapids, Iowa, caused by a protruding advertising sign in front of the Lee Furnstahl establishment was read and upon motion by Haas, second by Hanlon, the same was referred to the City Attorney and the Building Inspector. Claims of injury of Mr. William F. Micka (2500.00) and Mrs. William F. Micka (3500.00) of 356 St. Clair Avenue, St. Paul 2, Minnesota caused when their automobile hit a storm sewer manhole projecting in the middle of 16k Avenue Northwest near 14th Street Northwest were each read and upon motion by Haas, second by Morris, the same were referred to the City Attorney. The claim of Dr. V. H. Hartridge in the amount of $263.65 in regard to a sidewalk replacement was read and upon motion by Hanlon, second by Morris, the same was referred to the City Attorney and the City Engineer. A letter from C. A. Armstrong, City Engineer, requesting approval of Extra Order #2 in the amount of $529.26 in regard to additions to Digestors at the Sewage Treatment Plant was read. Upon motion by McGuckin, second by Morris, the request was approved and the Mayor and City Clerk were authorized to execute the said Extra Order #2. All voted in favor thereof. The City Engineers Estimate for construction of sanitary sewer, water main, storm sewer, house service connections, finish grading and surfacing of all streets in Northgate Second Addition in the amount of $259,717.50 was read and President Kamm ordered the same placed on file. A letter from The Kruse Company submitting a final plat for Rolling Greens Third Addition and requesting that the same be approved was read. Upon motion by Tingley, second by Morris, the same was referred to the Planning Commission and the Public Works Committee. All voted in favor thereof. A petition signed by Edith and Wilhelmine Cagley; Gordon and Evelyn E. Dashow; Robert M. and Margaret Conway; Floyd H. and Joyce M. Bly; Howard E. and Jane West; R. V. and Betty E. Ehrick; Kenneth and Florence Keller; A. R. and Leone A. Cunningham; Emma and Robert Dashow; Arthur and Cora Glasenapp and Francis J. Conway, Emil E. Kostner, Corwin C. Guell, Glenn D. Hammitt and Clara E. Gruszynski, Trustees of Thorp Finance Corporation Employees Profit Sharing and Retirement 1 11 1 1 C� . Record of Official :Proceedings of ,the -Common Council of the _City_ of .Rochester, Min' n., , December 8 , . 1958 621. Plan to have the following described property annexed to the City of Rochester was read and upon motion by Tingley, second by Haas, the same was referred to the Planning Commission: All the tract or parcel of land being in the Northeast Quarter (NEk) of Section Thirty -Four (34), Township One Hundred Seven (107) North, Range Fourteen 14 West in the Count of Olmsted and State ( ) e of Minnesota Y M ne to described as follows: C.� C� Commencing at a point on the North line of Section Thirty -Four (34) 392 feet East of the Northwest Corner of the Northeast Quarter (NE'k) of said Section Thirty -Four (34) where it intersects the East line of Trunk Highway 52; thence Easterly on said North line 270 feet; thence South parallel with the East line of Trunk Highway 52 1326.04 feet to the center line of the County Aid Road running East and West; thence West along the center line of said County Aid Road 175.15 feet; thence Northerly parallel with Trunk Highway 52 33.29 feet to the North line of said County Aid Road; • thence Northwesterly along the Easterly right of way line of Trunk Highway 52 158.55 feet to a point 100 feet East of the center line of Trunk Highway 52; thence Northerly along the Easterly right of way line of said Trunk Highway 52 1132.69 feet to the place of beginning; subject to the following: 10 An easement to the State of Minnesota for highway purposes extending along the Westerly portion of the above described premises. 2) An easement of the Northern Natural Gas Company dated January 30, 1933, now of record. 3) Right of way of the above described County Aid Road on the Southerly edge of the above described premises." A petition signed by Arden and Loretta Schultz; Carlos F. and Lenora S. Ellis and Emil G. and Jean C. Pelinka to have Lots 1, 2, and 3, Block 1 and Lots 1, 2 and 3, Block 2, all in Belt Line Subdivision, Olmsted County, Minnesota, changed from a residential to a commercial zone was read. A motion was made by Morris, second by Tingley, that the petition be referred to the Zoning Board. Alderman Hanlon inquired if there were not some time limit as to when petition such as this could be resubmitted and when the last one for this property was submitted. The matter was tabled until the evening meeting. A letter signed by W. A. Meeker, Chairman of the Board of Trustees of the First Christian Church, requesting that diagonal parking be left on 4th Street Southwest between lst and 2nd Avenues Southwest was read. Upon motion by Tingley, second by Wilkus, the same was referred to the Mayor's Traffic and Parking Committee and the City Security Committee. All voted in favor thereof. A letter from The Kruse Company dated November 11, 1958 expressing willingness and offering to the City Lots 4, 5, 6 and 7, in Homestead Addition (Block 9) for the purchase price of • $7,200.00 was read and President Kamm ordered the same plac8d on file. A letter from the State of Minnesota, Department of Highways, submitting g the 1959 Annual Maintenance Agreement was read and President Kamm ordered the same placed on file. A letter from the State of Minnesota, Department of Highways, forwarding copies of Form 2522 covering encroachment on the right of way within the City of Rochester and requesting approval of same was read and President Kamm ordered the same placed on file. A letter from Mayor Alex P. Smekta stating that since authorizing repairs on the Fire Pumper Truck which was recently damaged in a collision it had come to his attention that the City is able to rent a substitute rig pending completion of repairs and he was therefore rescinding the approval which he granted on November 14, 1958 for emergency repairs and was requesting the Common Council to advertise for bids for repair of the damage to this pumper truck was read. Also a recommendation of the City Security Committee stating that in view of the fact that the Mayor has 6 2 2 Record of Official Proceedings of the -Common Council of the City of Rochester, Minn., December 8, 1958 • OSWALD PUBLIBHINO CO., NEW ULM, MINN. SIo5 rescinded his authorization for emergency repairs to the fire pumping truck recently damaged in a collision, they recommend that the Fire Chief be instructed to prepare specifications and the City Clerk be instructed to advertise for bids for the repair of the City's damaged pumping gruck and suggesting that these bids be opened on Monday, January 5, 1959 was read. Frank W. Everett, Fire Chief, stated that Truck Service Company had already ordered the parts for the repair of this truck and he did not know if the order could be cancelled or not. He said after the Council had approved the Mayor's emergency order he thought it was 0. I. for the parts to be ordered. Alderman Hanlon, Chairman of the City Security Committee, explained that there had been a slight misunder- standing, that at the time they had recommended this job to be done on an emergency basis, they did not know that a substitute fire truck was available, but as long as they had one now he thought that bids should be taken for this job. He said he had been told by Ace Trucking Company that the figure they had submitted was only an -estimate not a firm bid and he had been under the impression that both companies had submitted a firm bid. Upon motion by Tingley, second by Morris, the matter was tabled until the evening meeting. All voted in favor thereof. Mr. Everett was to check with Truck Service Company and see if the parts had already been received. The recommendation of the Public Works Committee that Lots 4, 5, 6, and 7, Block 9, Homestead Addition be purchased by the City of Rochester for park purposes at a total price of $7,200.00 was read and upon motion by Haas, second by Hanlon, the recommendation was approved. All voted in favor thereof. A motion was then made by Tingley that the City Attorney be instructed to obtain the deed for Lots 4, 5, 6 and 7, Block 9, Homestead :Addition. McGuckin seconded the motion and all voted in favor thereof. The recommendation of the Public Works Committee that the following policy regarding local assessments against corner lots be approved by the Council so that it may be applied to current and future assessment projects; the assessment problem on corner lots has been a trouble- some one which has been treated in various ways in the past and they feel that uniform treatment will be beneficial to all concerned, was read: Assessment Policy Regarding Corner Lots 1. Grading, Paving, Surfacing, Curb & Gutter. a. Side length of corner lot is to be assessed for 50% of side length in addition to entire frontage. The 50% of side length not assessed will be prorated against the entire project. 2. Sewer and Water. a. Exempt corner lots for 120' of side length, Assess for the side length in excess of 120'. The exempted 120' is to be prorated to the entire project, except possibly in hardship cases in small projects. 3. In new additions, assessments will be made on basis of 1 & 2 above except.in cases where the Plat Proprietor requests the assessments -to be made on a lot basis. A motion was made by Hanlon that the recommendation of the Public Works Committee be accepted and the City Attorney was instructed to prepare an ordinance including the above policy. Tingley seconded the motion and all voted in favor thereof. The recommendation of the City Security Committee that H. M. Fitzpatrick, Captain of Detectives be authorized to attend, at city expense, the Federal Bureau of Narcotics Training 1 • 1 1 • 1 School at Washington, D. C. from January 5, 1959 to January 16, 1959 was read. Upon motion by is ..Record of Official Proceedings of -the Common Council of the. City. of Rochester,. Minn., December 8, 1958 N 1 E Haas, second by Wilkus, the recommendation was approved. The recommendation of the Public Works Committee that 1st Avenue Southwest from the north line of 7th Street S. W. (vacated) to 8th Street S. W. be graded and surfaced and that the storm sewer and water main be installed prior to the surfacing as a local improvement project under State Statute Chapter 429 and that this project be initiated by the Council without petition by the property owners was read. This street is not graded or surfaced, but the property abutting it is now being used to an extent.that requires it to be improved; the installation of storm sewer and. water mains must be dond along with grading and surfacing; the sanitary sewer has been constructed previously. Upon motion by Haas, second by Tingley, the recommendation was accepted and the City Clerk was instructed to prepare a resolution initiating the project. The recommendation of the City Security Committee that the Common Council adopt a resolution indicating to the members of the Minnesota Legislature its advance approval of any legislation proposed to amend the provisions of Chapter 424 of the Statutes of the State of Minnesota, so as to make the provisions of that chapter relative to the retirement and relief of firemen of cities of the second class comparable to provisions of Chapter 423 of the Minnesota Statutes relative to the retirement and relief of Policement of cities of the second class was read. Upon motion by Wilkus, second by Haas, the recommendation was approved and the City Attorne; was instructed to prepare the said resolution. The recommendation of the City Security Committee that the proposed joint venture between the Yellow Cab Compano and Rocabco, Inc. be disapproved; the Committee feels that the arrangement proposed would constitute for all practical purposes a complete merger of the two companies, was read. The Committee also recommended that the two franchised taxicab companies be advised that the City prefers the continuance of two separate, independent, competing taxicab companies, but if such continuance is impossible and a merger is financially necessary, then the Common Council would consider approving only a complete merger which would result in one franchised taxicab company operating one color of cabs on the City Streets. Upon motion by Tingley, second by McGuckin, the recommendation was approved. All voted in favor thereof. The recommendation of the Public Works Committee stating that they had reviewed the petition to vacate the 10 foot alley lying along the west side of Lots 1-5, Block 2, Northern Addition and recommend that the petition be denied and that public traffic in the alley be controlled by the use of narrow vertical reading stop signs at the north and south ends of the alley was again read. This recommendation had been table for one week at the last meeting but Mr. Moore reported that the Committee had met on it again and the recommendation stands. Upon motion by Haas, second by McGuckin, the recommendation was approved. All voted in favor thereof. The recommendation of the Board of Zoning stating that they had considered the resolution adopted by the Common Council on November 17, 1958 proposing to rezone the lots on North Broadway between 7th Street Northeast and Northwest and 13th Street Northeast and Northwest,not already commercial, toeommercial zone and that they concur in the thinking that North Broadway should be commercial the full length But do not think it should be done in one big operation, but that it should be done indivdually as the requests come in was read. A motion was made by Alderman Tingley 624, i Record of Official Proceedings Hof the Common Council of the City of Rochester, Minn., December 8, 1958 OBWALO PUBLIBHINO CO.. NEW ULM, MINN. 5195 that the recommendation of the Zoning Board be rejected and a hearing be set for January 19, 1958 at 7:30 P. M. President Kamm declared his motion lost for want of a second. Mayor Smekta stated that he had received many calls opposing this change and that there was a petition being circulated opposing this change, they were not against progress but they felt the Council should wait until the Comprehensive Guid'Plan was in use. Alderman Hanlon stated that there was not good parking on Broadway now and it would be worse if it were changed to commercial and he also felt a land usage program should be adopted before a final decision is made. A motion was made by Wilkus that the recommendation of the Board of Zoning be accepted. Hanlon seconded the motion and all voted in favor thereof, except Tingley who voted "no". The applications of Harold V. Maile for 3.2 "on" and 'off" sale non-intoxciating malt lliquor licenses were each read and upon motion by Wilkus, second by Tingley, the same were referred to the City Security Committee and the Chief of Police. The applications of Harvey Hengel for license to sell cigarettes and license to sell soft drinks at 17 North Broadway were each read. Upon motion by Morris, second by McGuckin, the licenses were granted. The application of Raymond J. Cochlin for a Journeyman Plumbers License was read. Upon motion by Tingley, second by Wilkus, the license was granted. The application of Lysne Construction for a permit to move a house 12 x 20, one story, from the Geo. Watson property on 19th Street Northwest out of the city limits as follows was read: East on 19th St. N. W. to 3rd Ave. N.W., south to 14th St. N.W. then west to 19th Ave. N.W., north to 19th St. N.W., west on 19th St. N.W. out of city limits. Upon motion by Morris, second by McGuckin, the permit was granted, said house to be moved under the supervision of the Chief of Police and the Building Inspector. The application of Lysne Construction Company for a permit to move three houses from 1215 North Broadway, 1219 North Broadway and 1221 North Broadway north on North Broadway out of the City limits, was read. Upon motion by Morris, second by McTuckin, the permits were granted, said houses to be moved under the supervision of the Chief of Police and the Building Inspector. The report of the City Treasurer for the month of November, 1958 was read and President Kamm ordered the same placed on file. The report of the City Weighmaster for the month of November, 1958 showing fees collected for loads weighed $92.15 was read and President Kamm ordered the same placed on file. The reports of the Clerk of Municipal Court for the week ending November 14, 1958 showing total criminal fines and costs collected and civil fees received $2,412.10 and total remitted to the City Treasurer $1,007.50; for the week ending November 21, 1958 showing total criminal fines and costs collected and civil fees received $1,856.90 and total remitted to the City Treasurer $697.30 and for the week ending November 28, 1958 showing total criminal fines and costs collected and civil fees received $1,764.00 and total remitted to the City Treasurer $967.80 were each read and having been approved by the City Attorney, President Kamm ordered the same placed on file. 0 1 1 • 11 Record of Official Proceedings of the Common Council of the City of Rochester,. Minn., . December 8', J958 1 S.7 C� -f Qz • r E A motion was made by Tingley that the applications for the position of City Treasurer be made an order of business for the meeting of December 15, 1958. Morris seconded the motion and all voted in favor thereof. The following letter from Viktor 0. Wilson, M. C., City Health Officer, was read and upon motion by Haas, second by Morris, the same was referred to the Public Works Committee: "The Honorable Mayor and Members of the Common Council Rochester, Minnesota Gentlemen: According to your request of November 24, in relation to giving specific instructions as to the method by which the well on the property of,the Schuster Realty Company should be abandoned. The well log we have shows that the well if 400 feet deep, extending through the Root Valley Sandstone at the depth 110-120 feet. In order to protect the Root Valley Sandstone formation, which is a probable water bearing formation, we recommend filling the well with concrete and aggregate from the bottom to 140 feet. From 140 feet to 90 feet with neat cement, and the rest of the well with concrete and aggregate. If there is no evidence of caverns or large crevices in the Dolomite formation it would appear desirable to fill all the well with neat cement. Yours very truly, /s VIKTOR 0. WILSON City Health Officer" A petition signed by A. B. Hawkins, Mrs. Magdalene Skansan, Mrs. Cora Hellerud, Mrs. Anna T. Con T. Conlan, Herman Dornack and Charles E. Gillespie to have the following described property changed from a residential to a multiple dwelling zone was read and upon motion byMorris, second by Haas, the same was referred - to the Board of Zoning: North 82 feet of Lot 1, Block 54, Morse & Sargents Addition; South 82 feet of Lot 1, Block 54, Morse & Sargents ,Addition; West 52 feet of Lot 2, Block 54, Morse & Sargents Addition; East 50 feet of Lot 1 and East 50 feet of Lot 27 and East 42 feet.South 23 ft of North 28 feet of Lot 4, Block 54, Morse and Sargents Addition; East 80 feet of Lots 2, Block 54, Morse & Sargents Addition; Lot 9, Block 43, Morse & Sargents ;Addition; Lot 12, Block 43, Morse & Sargents.Addition; Lot 11, Block 43, Morse & Sargents Addition. A letter from The Kruse Company submitting a final plat for Rolling Greens Second :Addition for consideration and acceptance, which had been read and tabled for a week at the last meeting, was again read. Mr. Tom Moore, Planning Director, stated that the Planning Commission had this under consideration at the present and would have a recommendation in at the next meeting. A motion was made by Haas, second by Morris, that this be tabled for another week. All voted in favor thereof. Alderman Hanlon again brought up the matter of item #2 on the agenda - beautifying Memorial Parkway. He wondered if when new subdivisions were brought into the City if some plan was made for planting trees and at whose expense; also how people were informed aS to how and what they should do in planting trees. C. A. Armstrong, City Engineer, stated that the Council could make a project and have trees planted and then could assess the property owners for same, he also said that the Park Board has an ordinance which covers planting of trees on lots and in the boulevard. A motion was made by Hanlon that the City Planning Director look into this problem of how we should go about educating people or changing our ordinance in connection with the planting of trees, particularly in the new areas, and come back with his ideas and suggestions as to how this might be solved. Wilkus seconded the motion and all voted in favor thereof. 6 Record of Official Proceedings- of the Common Council of the City of Rochester, Minn.,. December 8, 1.958 OSWALO PUBLISHING CO., NEW ULN, NINN. 5195 Upon motion by Morris, second by Hanlon, the meeting was adjourned until 7:30 P. M. President Kamm called the meeting to order again at 7:30 P. M. with all members being present. The petition to change Lots 1, 2 and 3, Block 1 and Lots 1, 2 and 3, Block 2, Belt Line Subdivision from residential zone to a commercial zone was again read. The same petition had been presented to the Council on May 12, 1958. Alderman Hanlon stated that he felt as long as this petition to rezone had been presented less than six months ago, it should be rejected now and felt some time limit should be set on resubmitting such petitions. The motion made by Morris, second by Tingley, that this petition be referred to the Zoning Board was then voted on and all voting in favor thereof, except Alderman Hanlon who voted "no", President Kamm declared the motion carried. The following claims were read and upon motion by Wilkus, second by.Morris, the same were approved and the Mayor and City Clerk were authorized and directed to draw warrants on the City Treasurer and make payments accordingly: From the General Fund: Arnolds Supply Company, $100.80; Rochester Dry Cleaners,$5.00; China Hall, $11.25; Earl Gorinson, $15.00; Larry Lentz, $35.00; The Model Laundry, $17.10; Charles Campbell, $65.33; Wagner and Meyers, $10.26; Willetta Hoaglan, $93.75; Tom Moore, Register of Deeds, $52.75; Rochester Methodist Hospital, $9.00; N. W. Bell Telephone $19.79; Whiting Press, Inc., $171.01; Witte Transportation Company, $5.50; H. A. Rogers Company, $65.00; Harry Peterson, $11.00; Clarence Hanson, $11.00; Ross Browning, $20.60; C. A. Armstrong, $21.75; Raymond Sibley, $11.00; Marvin Price, $70.05; Robert Blakley, $67.85; Wm. Burrows, $40.13; Charles Dornack, $39.45; Garnet Spring, $56.65; Paul Plantz, $39.39; Monrere Calculating Co., $43.00; Langes Auto Glass Company, $12.81; Park Department, $100.00; Samuel P. Allen, $100.00; Sm.M. Supply Co., $24.50; Thiem Signs, $7.50; Trautner Sales, $8.14; Northwest Airlines, $134.40; Twin City Testing & Engineering, $90.00; Howalds Used Car Lot, $15.00; Clerk of Municipal Court, $150.60; Albinson, Inc., $5.42; Trautner Sales, $133.45; C. A. Cottingham, $98.40; Pitney Bowes, Inc., $51.33; Construction Bulletin, $16.20; Rochester Transfer & Storage, $45.00; Johnson Company, $8.08; Tom Moore, $1.00; Rochester Orthopedic Appliances, $18.40; Mosing Engraving, $18.00; Rochester Plumbing & Heating, $9.50; International Business Machines, $13.96; Borchert Ingersoll, $7.28; Glendenning Motorways, $3.37; Marie Boltan, $92.00; Elliott Hanson Radio, $14.52; P. E. Romano, $128.00; Matzke Sewing Center, $9.00; Peoples Natural Gas, $10.29; General Trading Co., $2.49; National Busting & Parts, $1.74; Ole's Floormart $6.59; Greater Rochester Surplus Store, $37.04; Adams Bookstore, $1.14; Monte's, $16.51; Olmsted Medical Group, $18.00; Reeves Drug Store, $8.92 and Ace Hardware, $37.65. From the Street & Alley Fund: Ed Mahoney, $103.75; Cities Service Oik Co, $114.21; Olson Equipment Co., $2.91; Wm. H. Ziegler Co., $43.66; Public Works Equipment Co., $184.99; Monson Dray Lines, $2.75; Palda & Sons, $39.00; Harolds Auto Electric, $4.48; Standard Oil Company, $61.60; Universal Motors, $17.84; A. J. Dooney, $9.00; Rochester Ready Mix Concrete, $132.10; T & T Supply Co., $9.21; Rochester Sand & Gravel, $31.20; Dodge Lumber Co., $16.68; Peoples Natural Gas, $39.30; Gopher Melding Supply, $29.76; General Trading Company, $108.03; Anderson Radiator Service, $11.00; Scharf Auto Supply, $28.58 and Ace Hardware $49.45. 1 • 1 1 • n 0 Record of Official -Proceedings of -the-Common Council of the City. of .-Rochester, Minn., December 8, 1958 From the Fire Protection Fund: Peoples Natural Gas Co., $38.38; Gopher Welding Supply, $10.00; N. W. Bell Telephone Co., $15.35; Model Laundry, $74.92; Haling Company, $17.93; Rochester Soft Water, $4.50; Harolds Auto Electric, $1 28;.Daly Cleaning Service, $35.80; Woodhouse Bros., $35.02; Pruetts Launderers and Cleaners, $48.38; S. M. Supply Company, $116.15; Leo N. Herrick & Sons, $2.75; Kenneth Stoltenberg, $92.90; Brumm Hardware, $10.67; Fire & Safety Inc., $2.21; Flour City Truck Co., $92.50; Herbert F. Knopp Agency, $117.54; General Trading Company, $55.86; C�9 . National Bushing & Parts, $6.31; Anderson Radiator Service, $1.20; Scharfa Auto Supply, $29.42; E. J. Klampe Company $2.50 and :Ace Hardware Company $5.18. • From the Police Protection Fund: National Bushing & parts, $22.26; P. E.-Romano, $73.50; Andersons Mens Wear, $115.05; M. C. Lawlers,.$26.57; 0 & 0 Sporting Goods, $40.95; James J. Macken, Jr., $29.57; Kee Lox Manufacturing Co., $13.48; Eagle Drug Store, $2.70; Postier & Eggers, Co., $167.75; Phato Photo Inc., $3.04; Blickle's, $9.50; Elliott & Hanson Company, $65.19; Federal Laboratories, Inc., $35.54; Leo N. Herrick & Sons, $3.00; Weber & Judd Co., $15.05; Joe L. McDermott, $24.82; Harry S. Stai, $24.97; James J. Macken, Jr. $9.25; Reuben A. Rieck, $40.00;' T. 0. Wellner, M.D., $150.00; Eastman Kodak Stores, Inc., $37.43; Koffee Kup Kafe, $122.20; D & J Cafe, $2.80; C. F. Massed Co., $3.12; Harolds Auto Electric, $87.53; Harrys Cafe, $1.20; Universal Motors, $52.51; Adams Bookstore, $2.00; Monte's Gift & Stationery, $12.59; Olmsted Medical Group, $90.00; Clements Chevrolet Co., $76.55 and Reeves Drug Store, $3.05. From the Sewer Fund: Continental Oil Co., $118.21; Foster Electric Co., $36.83; Pylam Products Co., $6.59; M. C. Lawlers, $14.95; Rochester Materials Co., $34.20; Walker Hardware, $9.99; Harco Company, $82.00; Dodge -Lumber Company, $30.00; Peoples Natural Gas, $16.92; Gopher Welding Supply, $8.90; General Trading Company, $4.89; Montes Gift & Stationery, $.77; Reeves Drug Store, $5.00 and Ace Hardware $19.06. From the Parking Meter Fund: Marti Motors, $4.40; Parking Meter Mainteance Repair Service Center, $88.50; The Sherwin Williams Company, $35.30; Rochester Visitor, $8.00; Bergstedt Paint Co., $10.40; Ole's Floor mart, $115.20; E. J. Klampe Company, $13.25; Clements Chevrolet $44.10; Reeves ,Drug Store, $3.60 and Ace Hardware, $2.12. From the Park Improvement Fund: Cal Smith, Mgr. Mayo Civic Auditorium $12.29. • . Alderman Morris stated that the request of Northwestern National Bank that the Council approve a change in their collateral was just a routine thing and'did not think it should be held up (the request had been previously referred to the Internal Affairs Committee). Alderman Haas Chairman of the Internal Affairs Committee reported that he had checkedthe request and recommended that it be approved. Upon motion by Haas, second by Tingley, the request of Northwest National Bank was approved and the City Clerk was instructed to prepare the necessary resolution. 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 6,28 Record of . Official Proceedings of the Common Council of the City of Rochester, Minn., December 8 , 1958 • OBWALD PUBLISHING CO., NEW ULM, MINN. 6186 and conditions of such franchise", was given its third and final reading. The following is the rate schedule set forth in the ordinance: SCHEDULE OF MAXIMUM RATES FOR FIRM RETAIL GAS SERVICE First 600 cubic feet - $1.00 (Minimum charge) Next 2,400 cubic feet - 1.15 per thousand cubic feet Next 47,000 cubic feet - .60 per thousand cubic feet Next 50,000 cubic feet - .54 per thousand cubic feet_ Next 200,000 cubic feet - .48 per thousand cubic feet All excess cubic feet - .43 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 cost of the first 50,000 cubic feet of gas or partthereof used. SCHEDULE OF MAXIMUM RATES FOR INTERRUPTIBLE RETAIL GAS SERVICE First 600 cubic feet - $1.00 (Minimum charge) . Next 2,400 cubic feet - 1.15 per thousand cubic feet Next 47,000 cubic feet - .60 per thousand cubic -feet Next 50,000 cubic feet - .54 per thousand cubic feet Next 200,000 cubic feet - .38 per thousand cubic feet All excess cubic feet - .36 per thousand cubic feet Minimum bill: Such sum as will cover interest and depreciation on investment required to serve customer. A motion was then made by Alderman Haas that the said ordinance be adopted as read. Hanlon seconded the motion and upon roll call, President Kamm and Aldermen Haas, Hanlon and McGuckin voting in favor thereof, and Aldermen Morris, Tingley and Wilkus voting "no", President Kamm declared the said Ordinance duly passed and adopted. Mr. Joe Robbins, District Manager of Peoples Natural Gas Company, thanked the Council for their consideration but said he was sure they would have to be back next year for further rate revision. He said they had had heavy expense this year in changing gas main grades to conform to new grades in connection with the City's street improvement program and also noted that they had an extensive program scheduled for next year. Upon inquiry from Mayor Smekta he said that the 7th Street Northwest paving had cost them $25,000.00 for grade changes. The following resolutions were each introduced and read and upon motion made and seconded and all voting in favor thereof, President Kamm declared the said resolutions duly passed and adopted: Resolution declaring cost to be assessed and ordering preparation ofproposed assessment for the following local improvement(s): Construction of sidewalks at 4 given locations: 10k Street Southeast; 15th Avenue N.W. 14th to 16th Street Northwest; 15th Avenue Northwest - 14th Street to 13th Avenue; 14th Avenue N.W. 14th Street to 13th Avenue Northwest. Upon motion by Haas, second by Hanlon resolution adopted. Resolution declaring cost to be assessed and ordering preparation of proposed assess- ment for the following local improvement(s): Construction of a storm sewer on 14th Avenue Northeast from 9th to loth Street Northeast on 9th Street Northeast from 14th to 19th Avenue Northeast and on 19th Avenue Northeast from 9th to loth Street Northeast. Upon motion by Hanlon, second by McGuckin, resolution adopted. Resolution declaring cost to be assessed and ordering preparation of proposed assess- ment for the following local improvement(s): Construction of a sanitary sewer and watermain in 21st Avenue Southwest from 3rd to 5th Street Southwest. Upon motion by McGuckin, second by Morris, resolution adopted. 1 • 1 I. • 1 Resolution authorizing substitution by Northwestern National Bank of $100,000.00 C Record of Official: Proceedings of the Common Council of.the. City of .Rochester,. Minn., December 8, 1958 1 U0 C. v� n LJ 1 1 • 0 1 2 5/8% U. S. Treasury Bonds -for 2 1/2% U. S. Treasury Bonds. Upon motion by Morris, second by Tingley, resolution adopted. Resolution authorizing and directing the Mayor and City Clerk to execute Work Order No. 2 for additional items for construction of new digestors at Sewage Treatment Plant. Upon motion by Tingley, second by Haas, resolution adopted. Resolution referring proposed improvement for feasibility report and recommendation for the following improvement(s): Grading and surfacing of 1st Avenue Southwest from the North line of 7th Street Southwest to 8th Stret Southwest and construction of a storm sewer and watermain. Upon motion by Wilkus, second by Haas, resolution adopted. Resolution ordering a hearing on the proposed assessment for the following local improve- ment(s): Construction of sidewalks at 4 given locations: 10k Street Southeast; 15th Avenue Northwest - 14th to 16th Stret Northwest; 15th Avenue Northwest - 14th Street to 13th Avenue; 14th Avenue' Northwest - 14th Street to 13th Avenue Northwest. Upon motion by Haas, second by Hanlon, resolution adopted. Resolution ordering a hearing on the proposed assessment for the following local improve- ment(s): Construction of a storm sewer on 14th Avenue Northeast from 9th to loth Street Northeast on 9th Street Northeast from 14th to 19th Avenue Northeast and on 19th Avenue Northeast from 9th tol loth Street Northeast. Upon motion by Hanlon, second by McGuckin, resolution adopted. Resolution ordering a hearing on the proposed assessment for the following local improve- ment(s): Construction of a sanitary sewer and watermain in 21st Avenue Southwest from 3rd Street Southwest*to 5th Street Southwest. Upon motion by McGuckin, second by Morris, resolution adopted. Resolution authorizing Mayor and City Clerk to enter into an agreement with the State of Minnesota, Department of Highways for 1959 Maintenance of Trunk Highways within the City Limits. Upon motion by Morris, second by Tingley, resolution adopted,; Resolution providing for no encroachment of any kind, within the corporate limits, upon the right-of-way of Trunk Highway No. 20 renumbered as Trunk Highway No. 52. Upon motion by Tingley, second by Wilkus, resolution adopted. Resolution ordering a hearing on the vacation of the West 50 feet of Lots 8, 9 and 10, Block 5, Cascade Manor. Upon motion by Wilkus, second by Haas, resolution adopted. Resolution appropriating $8.47 from the General Fund, $1,619.21 from the S & A Fund, $302.31 from the Fire Protection Fund, $638.18 from the Police Protection Fund.and $793.96 from the Parking Meter Fund and ordering payment made to the City of Rochester, Minnesota $2,613.74; H & H Electric Company, $768.26. •Upon motion by Haas, second by Hanlon, resolution adopted. Resolution appropriating $1,643.02 from the Fire Protection Fund and ordering payment made to B. F. Goodrich Industrial Products $537.50; C. C. Pagenhart $205.52 and Clements Chevrolet Company $900.00. Upon motion by Hanlon, second by McGuckin, resolution adopted. Resohtion appropriating $42,807.75 from the P. I. R. Fund and ordering payment made to Carlisle G. Fraser, Inc. Upon motion by McGuckin, second by Morris, resolution adopted. Resolution appropriating $5,548.04 from the P. I. R. Fund and ordering payment made to • 630 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., D�c�mbar s, is�o OSWALD PUBLISHING CO.. NEW ULM, MINN. 5195 Carlisle G. Fraser, Inc. Upon motion by Morris, second by Tingley, resolution adopted. Resolution appropriating $30,443.88 from the Permanent Improvement Fund and ordering payment made to Acton Construction Company. Upon motion by Tingley, second by Wilkus, resolution adopted. Resolution appropriating $4,203.00 from the P. I. R. Fund and ordering payment made to Leon Joyce. Upon motion by Wilkus, second by Haas, resolution adopted. Resolution appropriating $45,382.83 from the Permanent Improvement Fund and ordering payment made to Carlisle G. Fraser, Inc. Upon motion by Haas, second by Hanlon, resolution adopted. Resolution appropriating $5,774.27 from the Permanent Improvement Fund and ordering payment made to Carlisle G. Fraser, Inc. Upon motion by Hanlon, second by McGuckin, resolution adopted. Resolution appropriating $4,990.00 from the P. I. R. Fund and ordering payment made to Chicago Bridge & Iron Company. Upon motion by McGuckin, second by Morris, resolution adopted. Resolution appropriating $3,298.51 from the P. I. R. Fund and ordering payment made to E. C. Bather & Associates. Upon motion by Morris, second by Tingley, resolution adopted. Resolution appropriating $7,441.97 from the P. I. R. Fund and ordering payment made to Acton Construction Company. Upon motion by Tingley, second by Wilkus, resolution adopted. Resolution appropriating $19,008.25 from the P. I. R. Fund and ordering payment made to Alvin E. Benike. Upon motion by Wilkus, second by Haas, resolution adopted. Resolution appropriating $4,581.70 from the Street & Alley Fund and $1,971.08 from the Permanent Improvement Fund and ordering payment made to C. M. Boutelle & Sons, $1,200.31; Stephan B. Woodward $971.01; Doyle,Conner Company, $3,900.08; E. J. Vonch $481.38. Upon motion by McGuckin, second by Morris,'resolution adopted. Resolution appropriating $342.53 from the P. I. R. Fund and ordering payment made to Littrup Nielson. Upon motion by Morris, second by Tingley, resolution adopted. Resolution appropriating $344.11 from the.P. I. R. Fund and ordering payment made to Carlisle G. Fraser, Inc. Upon motion by Tingley, second by Wilkus, resolution adopted. • Resolution appropriating $3,246.92 from the P. I. R. Fund and ordering payment made to Carlisle G. Fraser, Inc. Upon motion by Hanlon, second by Haas, resolution adopted. Resolution appropriating $1,434.09 from the P. I. R. Fund and ordering payment made to C. G. Faaser, Inc. Upon motion by McGuckin, second by Wilkus, resolution adopted. Resolution appropriating $1,412.77 from the P. I. R. Fund and ordering payment made to Carlisle G. Fraser, Inc. Upon motion by Morris, second by Tingley, resolution adopted. Resolution appropraiting $3,093.65 from the P. I. R. Fund and ordering payment made to Carlisle G. Fraser, Inc. Upon motion by Tingley, second by Wilkus, resolution adopted. Resolution $22,423.68 from the P. I. R. Fund and ordering made appropriating payment to Gjellefald Associates, Inc. Upon motion by Wilkus, second by Haas, resolution adopted. �I Record of Official Proceedings .of the Common Council 3 of the City of Rochester, .Minn., December 8, 1958 OSWALD PUBLISHING CO., NEW ULM, MINN. 5195 - Resolution appropriating $3,633.25 from the General Fund and ordering payment made to Riverside Sand & Gravel Company, $410.00; Herbert G. Knopp Agency, $320.56 and Standard Oil Company $2,902.69. Upon motion by Haas, second by McGuckin, resolution adopted. Resolution appropriating $9,761.83 from the Street & Alley Fund and ordering payment made -' to Rochester Sand & Gravel Company, p y, $8,044.79; Gopher Stamp & Die Company, $1,128.14 and Patterson .y. Rock Products $588.90. Upon motion by Haas, second by Wilkus, resolution adopted. Resolution.appropriating $1,000.00 from the General Fund and ordering payment made to Ladislas Segoe & Associates. Upon motion by McGuckin, second by Morris, resolution adopted. • Resolution appropriating $573.66 from the General Fund and ordering payment made to Pitney Bowes, Inc. Upon motion by Morris, second by Tingley, resolution adopted. Resolution appropriating $416.40 from the General Fund, $4,761.73 from the Street & Alley Fund, $473.10 from the Sewer Fund and $30.30 from the Parking Meter Fund and ordering payment made to Socony Mobil Oil Company $334.71; Firestone Stores, Inc., $341.42 and $5,005.40 to -the Street & Alley Fund. Upon motion by Tingley, seoond by Wilkus, resolution adopted. Resolution appropriating $499.15 from the Sewer Fund, $615.84 from the Park Improvement Fund and $1,505.40 from the Permanent Improvement Fund and ordering payment made to Minneapolis Honeywell Regulator Company, $499.15; First National Bank $615.84 and Rochester Ready - Mix Concrete Company, $1,505.40. Upon motion by Wilkus, second by Haas, resolution adopted. Resolution appropraiting $18,639.00 from the Sewer Fund $109.00 and from the Sinking Fund $18,530.00 and ordering payment made to the First National Bank of Chicago. Upon motion by Haas, second by Hanlon, resolution adopted. Resolution appropriating $92.23 from the General Fund and $66,930.00 from the Sinking Fund and .ordering payment made to The ,American National Bank. Upon motion by Hanlon, second by McGuckin resolution adopted. 1 • 1 Resolution appropriating $1,642.00 from the General Fund and ordering payment made to the Park Department 4992.00; Richard E. White, $425.00 and Fire & Safety, Inc., $225.00. Upon motion by McGuckin, second by Morris, resolution adopted. Resolution appropriating $1,142.13 from the General Fund, $25.45 from the Street & Alley Fund, $27.00 from the Fire Protection Fund; $1,575.00 from the Sewer Fund; $6,865.52 from the Lighti Fund and $281.75 from the Police Protection Fund and ordering payment made to N. W. Bell Telephone Company, $402.56 and the City of Rochester, P. U. $9,514.37. Upon motion by Morris, second by Tingley, resolution adopted. Resolution appropriating $2,033.26 from the General Fund and ordering payment made to Gerald F. Thorkelson, $1,370.31 and Joe Leathers $662.95. Upon motion by Tingley, second by Wilkus:, resolution adopted. Resolution appropriating $424.00 from the General Fund and ordering payment made to Albert J. Tingley $212.00 and J. Calvin Haas, $212.00. Upon motion by Haas, second by Tingley, resolution adopted. Mr. Frank Everett stated that he had talked to Truck Service Company and they had already 0 6--3� Record of Official Proceedings of the- Comm' n Council of the City of Rochester, Minn., December 8, 1958 OSWALD PUBLIBNINO CO.. NEW ULM, MINN. 8195 rdered the parts to repair the damaged fire truck. He said there had been no work done on the truck. Mr. 0. G. Schaefer, President and General Manager of the Truck Service Company, was present and stated that he had ordered the parts from Seagrave Corporation to repair the fire truck after the Fire Chief had told him the emergency order had been approved and that he had received a letter from the Company that part of the order had been shipped; part of the order they had on hand and the other had to be specially made. He said that when asked what it would cost to repair this truck, he had submitted the figure of $6,894.95, that it was hard to estimate a job like this because it was possible that things would need repair that were not visible to the naked eye, but they had estimated $4,400 for parts. When asked if he thought the job could be done for this amount or less he stated that before making a definite statement he would like to check it over again very carefully. The representative of Ace Truck Company was also present and said he had given a bid $7,000 and in their opinion this was a firm bid and they could put the rig in first class condition. He said when asked to give an estimate it was on short notice, and he did not have time to get any Ifigures but he gave the figure of $7,000 knowing that they would come out 0. K. Alderman Hanlon, Chairman of the City Security Committee, said he would like to clarify the Committee's position on this matter. After the accident they were told by the Fire Chief that this truck could not be put back into working order and they would have to get a new truck at an estimated $20,000 and this amount was recommerided-.in_:the budget. Then on November 14, 1958 at the Committee meeting, the Fire Chief told them that he now knew he could get this truck repaired for $7,000 and his men could work on the motor and save considerable money. The Committee thought it would be wise to get more than one bid and the Chief told them he had done so. Hanlon stated that at that time it was their impression that there were two firm bids but now it seems one was cost plus and one firm. He said they felt they had an emergency situation and knew of no place where they could rent or borrow another pumper so they requested the Mayor to issue an emergency order. Now they had another pumper to use and therefn re did not feel it was an emergency so they asked 'the Mayor to withdraw his order, if it is not emergency he felt they should get the best price they can and to his knowledge no contract had been executed for the work. He said it was a misunderstanding and that it would be much more fair to put it out to the lowest bidder as recomm- ended by their committee. Alderman Tingley stated that he felt they should go along and complete this deal as originally started. Upon motion by Wilkus, second by Hanlon, this matter was tabled for one week for certain further study. All voted in favor thereof. A resolution cancelling and terminating second condemnation proceedings to acquire fourteen acres in the NWk of the SW'k of Section 14 and the NEk of the SEk of Section 15, Township 105 North, Range 14 West, Olmsted County, Minnesota for airport purposes was read. Upon motion by Morris, second by Haas, the resolution was adopted. The following resolution was then read: 1 • 1 C� G Record of Official. Proceedings of the Common Council of .the._City .of. Rochester, Minn., December 8, 1958 633 1 l.� C� F� r� is • u • 1 "Be it Resolved by the Common Council of the City of Rochester that the said Common Council hereby approves for the information of the members of the Legislature -of the,State of Minnesota any new legislation which may be proposed to amend the provisions of Chapter 424 of the Minnesota Statutes so as to make the provisions of that chapter relative to the retirement and relief of firement of cities of the second class comparable to the provisions of Chapter 423 of the Minnesota Statutes relative to the retirement and relief of policemen of cities of the Second Class." Upon motion by Haas, second by McGuckin, resolution adopted. The following resolution was then read: "WHEREAS, the construction of schools, churches and industrial buildings and the general residential expansion of the City of Rochester in its Northwest areA==have..'. greatfiyoinciea'sed::the flow_<of.traffic over the crossings at Eleventh Avenue Northwest and Sixth Avenue Northwest by railroad tracts of the Chicago Great Western Railway Company and the Chicago Northwestern Railway Company, and WHEREAS, the greatly increased flow of traffic, together with the limitations of vision at these crossings, make these crossings hazardous to life and property moving on the streets named, and WHEREAS, recent train -automobile accidents at the Eleventh Avenue Northwest Railroad crossing, one of which resulted in the death of the driver of an automobile, emphasize the hazardous nature of these crossings, and inadequacy of the crossing signs located thereat, NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester that the railroad crossings of Eleventh Avenue Northwest and Sixth Avenue Northwest by tracks of the Chicago Great Western Railway Company and.the Chicago Northwestern Railway Company are considered by the Common Council to be hazardous to life and property for the reasons stated above and the Minnesota Railroad and Warehouse Commission is hereby requested to consider this resolution a written complaint and is requested to investigate these crossings, to -set a time and place for hearing evidence on the hazardous nature of these crossings, and to reconsider its order dated January 11, 1954, and make new findings and enter.an order requiring the railroads named to install at their expense automatic electric signal devices which will adequately apprise persons using these streets of the approach of railroad engines and cars." Upon motion by Morris, second by Tingley, the resolution was adopted. A resolution authorizing the Mayor and City Clerk to execute on behalf of the City of Rochester a contract with THE J. M. CLEMINSHAW COMPANY of Cleveland, Ohio relative to the revalu- ation of real property within the limits of the City of Rochester was read. Upon motion by Tingley,) second by Wilkus, the resolution was adopted. An Ordinance establishing minimum standards for plats in the City of Rochester, Minnesotaj and providing regulations for the submission of plats to the Common Council for approval was given its first reading. A motion was then made by Alderman Hanlon,, seconded by Alderman Haas that the rule; be suspended and the ordinance be given its second reading and upon roll call Alderman Tingley voted "no", the motion was lost. Mr. B. F. Mulvihill, Area Business Representative of the International Union of Operating Engineers, Local #49 was again before the Council representing the Street & Alley Workers. He said they had met with Council and committee with salary proposals but so far they had received no response. He said they had tried to work out some of the inequities and have tried to work out a reclassification situation. The fact finding committee came back with a very comprehensive report and we:.met with the Internal Affairs Committee on this report and were very nicely received but we thought we would have a chance for rebuttal; all we are attempting to do is to represent the people in the Street & Alley Department and City Dump and we feel that at least one of them should have been approved but none of them have been responded to and we do not feel we can be 100% wrong. He 0 634 Record of Official Proceedings of the. Common Council of the City of Rochester, Minn., December 8, 1958 OSWALD PUBLIBNIND CO.. NEW ULM, MINN. S19$ said in accordance with Minnesota Municipal Labor Statutes, which bans strikes of municipal employees, the union, of which the street and alley employees are members, can take the following steps: (1) We can put a banner on the City Hall, we can advertise and pass out hand bills explain- ing the situation (2) we can ask the Central Labor Union and Building Trades Council to support us in our justifiable demands; we do not want to do this but it seems to about the only road left open. He requested that the Council or Committee meet with them to work out some solution to this very bad situation in the Street & Alley Department. Mr. Robert Petersdorf, representing the two city hall painters was also present. He also complained that no action was taken after meeting with the Council or Committee. He said the City could save money if they paid their painters on a union scale rather than hiring them thru paint -companies. He recommended that wage schedules be fixed on a basis of wages paid for comparable work in private industry. Alderman Haas, Chairman of the Internal Affairs Committee, stated that they could not change the salaries of one department this late in the year without giving consideration to various departments. He said it was not the intent to by-pass the recommendations of the union represent- atives but that the Council members in general are new at negotiating with municipal unions and need time to determine what to do. Mayor Smekta stated he felt the soon they employed the services of a Personnel Director, the sooner some of these problems would be taken care of. After further discussion and City hearing comparisons of our/with other cities in Minnesota, a motion was made by Wilkus that after the first of the year the Council meet on January 7, 14, 21 and 28 and discuss the over-all wage problems that exists in the City Hall (the meeting on January 14 to be with Mr. Mulvihill and Mr. Petersdorf). Alderman McGuckin seconded the motion and all voted in favor thereof. A motion was then made by Alderman Haas that the Internal Affairs Committee be authorized and instructed to interview applicants for a Personnel Director and make recommendations to the Common Council. Hanlon seconded the motion and all voted in favor thereof. Upon motion by Morris, second by Haas, the meeting was adjourned until 7:30 P. M. on Monday, December 15th, 1958. 1 • 1 1 • 1 0