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HomeMy WebLinkAbout08-17-1959• Record of Official .Proceedings of the CommoriCouncil of the City of Rochester, -Minn., August 17, 1959 21 1 e�F 0 1 • 1 Minutes of an adjourned regular meeting of the Common Council of the City of Rochest Minnesota, held in the Council Chambers in, the City Hall, in said City, on August 17, 1959. President Kamm called the meeting to order at 7:30 o'clock P. M., the following members being present President Kamm, Aldermeh-Haas, McGuckin, Morris, Tingley, Wilkus. Absent: Hanlon. Upon motion by Wilkus, second by Haas, the minutes of the meeting of August,3, 1959 were approved. President Kamm stated this as being the time and place set for a hearing on the con- demnation proceedings in the matter of Vincent J. and Kathryn T. Schmitt, Ralph and Mary E. Doggett and Home Federal Savings and Loan; and Maude E. Sanderson, and Kenneth and Roberta Shay for certain lands and instersts in Oak Rest Replat and Northern Addition. R. V. Ehrick, City Attorney read the report of the Commissioners which awarded in fee simple, the amount of $13;100.01 for a part of Lot 9, Oak Rest Re -Plat owned by the said Vincent J. and Kathryn T. Schmitt, Ralph and Mary E. Doggett and Home Federal Savings and Loan Association (and in the event the owners, elect to remove the building located on the premises, a redution of $1,000.00 would be made in the award); -and for parcel 2, a permanent easement or right of way over a part of Block 18, Northern Addition owned by Maude E. Sanderson and Kenneth W. and Roberta Shay the amount of $6,600.00 (if the owners elect to remove the building located on the premises,=a reduction of $300.00 would be made in the award). Mr. Kenneth Shay of 211 - 13th Street Northwest was present and stated that he felt the award of the Commissioners for parcel No. 2 was inadequate; he,said in comparison to what the others had received he did not feel this award was high enough, it took -so much of his property that he would not be able to continue to live there and felt that his award should be at least $12,000.00. After hearing those present, President Kamm declared the hearing closed and the matter was taken under advisement. President Kamm stated this as being the time and place set for receiving and oepnning bids for the following projects: Bids for construction of sanitary sewer and water main in Rolling Greens 2nd Addition. The bid of Carlisle G. Fraser, Inc. in the amount of $90,586,70 was received and opened and upon motion by Haas, second by Wilkus, the same was refereed to the Public Works Committee and the City Engineer for tabulation and recommendation. All voted in favor thereof. Bids for construction of sidewalks at 18 separate locations (Sidewalk Project #2 - 1959). The bids of Stephen B. Woodward in the amount of $3,270.00; C. M. Boutelle & Sons in the amount of $3,331.00 and E. J. Vonch in the amount of $3,238.00 were each received and opened and upon motion.byHaas, second by Tingley, the same were referred to the Public Works Committee and the City Engineer for tabulation and recommendation. All voted in favor thereof. A petition with 185 signatures protesting the proposal that Memorial Parkway Drive be designated as an entrance or exit for traffic from the existing Beltline or the proposed new highway and downtown Rochester was read. Also a letter signed by Roy Watson, Jr. Secretary of the American Legion Permanent Soldiers Field Committee, opposing any encroachment of any sort 0 .1-11 Record of Official Proceedings of the Common Council of the City. of Rochester, Minn., August 17, 1959 whatsoever uponnthe Soldiers Field Park and to the development of any major road system which would send heavy traffic flow through this major city park was read.. Also a. letter_from.Russ;Lang requesting that.a representative°group living in the vicinity of Memorial Parkway be given -an opporutnity to be heard at this meeting was read. Mr— Russ Lang,of 1102 Memorial Parkway. then stated that before their group made any statement of protest in line with the above petition„ they would like to get a clarification of what is intended to be done to get the.traffic downtown if it is taken in on Memorial Parkway or 6th St. S. W. C. A. Armstrong, City Engineer, stated that if . Memorial Parkway was used the traffic would have to go to. the east end of Memorial Parkway then across -:the West 100 feet of the golf course and drive north on 6th Avenue to Soldiers Field Drive at•9,th Street and continue on Soldiers Field Drive,at the golf course and connect with the one way pair at 3rd and 4th Avenue. Mr. Lang stated that the petition they had presented had 185 addresses representing 217 children under 17; they were not asking that the traffic be directed on to any other residential street but thought it should*be continued on 2nd Street S..W. and South Broadway. Mr. Bob Brown of 1107 - 7th Avenue S. W. presented figures of children using the swimming pool during 1958; he showed that there were 50,591 paid admittance for children, 41,197 paid admissions for students and 7,328 paid admissions for adults during 1958 and therefore felt it would be a great hazard to those attending the swimming pool if ,this.road were made a thoroughfare. Dr. J. S. Spittel, Jr. of 614 Memorial Parkway stated that the -.less known activities in this area are the Youth Baseball and Youth Hockey, during the past year 408 boys participated in,the baseball and 54 baseball Tgames involved these youngsters from 9 to 15 and in the hockey program 180 boys of the same age. Dr. R. W. Gifford of 607 Memorial Parkway alluded to the fact that there.were 185 signers on the petition which -represents 90 families and 217 children.under 16; he stated that these residents had.purchased their homes in this area because it was .a more.seculuded area, the children were not used to heavy traffic and therefore it would be a greater hazard. He also stated that he had heard that either 6th Street or Memorial Parkway would be needed for an outlet for defense purposes, that in case of attack we need more than one egress to the City; he also stated (1) how: impatient is Rochester to the Russians when Columbus, Ohio is way down the list (a city of 500,000 and the site of North American Aviation Plant) so he thought that the chance of a Russian -attack.. - was very remote, whereas the danger to their children for through traffic is very real and felt his • children would have a better chance of growing up if we do not have a through street, and (2) they also tF&l us that we need more avenues for the people out across the Belt Line south of Rochester to get into the City, we are aware of the fact that they moved out to escape taxes, are we to be penalized with our own tax money for this seclusion taken away from us by people who have moved outside the City; when it comes to a decision I hope you will remember the 185 signers and also the 217 children who do not have a vote and cannot sign a petition but have more at stake than their parents. Mr. William Clark was present representing the American Legion, he said they have been objecting for 32 years, particularly the last 8 or 10,.about encroachments on Soldiers Field, he said.they had dedicated hours to trying to keep Soldiers Field for the City of Rochester as it was • Record of Official Proceedings of the. Common Council of the City of Rochester, Minn., August 17, 1959, 5 0 r__4_ • 1 • 11 1 dedicated and to the youth of Olmsted County; both the public school and private developers had wanted part of Soldiers Field and they had objected then as they were objecting now to a part of Soldiers Field being used as a street if Memorial Parkway were extended; he said they were objecting and would continue -to object on the grounds that they feel Soldiers Field is something the City of Rochester needs,.they need a place like Soldiers Field today more than ever. Mr. Ernest Jensen, Chairman of the Wm. T. McCoy Post Committee on Soldiers Field, was also present he stated that this committee had been formed in 1927, 3 months after the City took Soldiers Field in and they were to assist the City in every way in the development of Soldiers Field. He said they objected to any part of Soldiers Field being.used for street purposes and particularly -to travel being routed down through the play area. Dr.-J. A. Dyer of 1104 - 7th Avenue S. W. that they lived on a short street and many Sundays as many as 300 cars travel on this street endangering their small children and those riding bicycles and he felt if Memorial Parkway were opened up they would indeed have another speedway. Mr. Franklin Michaels of 520 - 15th Avenue S. W. stated that last year they had presented a petition when they heard -that access was planned on 6th St. S. W. and in that petition pointed out the fact that there were two schools on 6th Street and their biggest fear was the safety of their hundreds of children. He said he lived pretty near the corner of 15th Avenue and 6th Street and had many occassions to go across the highway and it would save him only about 15 seconds if they had access at 6th Street and he felt that with 6th Street being only 400 rods away from the major east and west.route that it was not necessary to go to the expense and danger of having a through route*on 6th Street. Mr. Russell Lang then asked why their needed another entry than South Broadway and 2nd Street S. W. C. A. Armstrong, City Engineer, replied that you need more entries to serve the traffic you have then and now, there is no question but that we will have an increase in traffic and you need them for the people living in the area and the people that live two blocks away deserve the same; your potential and your actual hazards as they are on the conrners and intersections and if we are going to funnel all the traffic from the highways to these two points we will have more accidents than now. Dr. C. H. Hodgson of 525 9th Avenue S. W. stated that he lived right on the steepest part of 6th Street and in the winter or on slippery days cars had trouble driving up hhe hill and he felt it would be very undesirable to have 6th St. S. W. as a through street. After'hearing those present a motion was made by Tingley that this be tabled until the September 8th.meeting. Morris seconded the motion and all voted in favor thereof. The recommendation of the Mayor's Parking & Traffic Committee stating that the committee had_'unanimo.usly,� adopted:, the., follolw,LrtgzrecopiAendation.itfThat:. there,ib_e more; than one outlet between Second Street Southwest and South Broadway on the Belt Line with one outlet at Sixth Street and the second at Memorial Parkway as recommended by Ladislas Segoe and Associates, The Planning Director and Commission, The District Highway Engineer and the City Engineer" was read. President Kamm stated that there would now be a continuation of the discussion of the plans for Highway No. 52 in the Miracle Mile area. Mr. Wm. S. Pollard; Jr. of Harland Bartholmoew & Associates of St. Louis and Mr. Hooper of Wilbur Smith & Associates were each heard, representing Miracle Mile business interests and the L. S. Donaldson Company. Mr. Pollard said r 2 5 4 Record of Official Proceedings of the Common Council of the City of Rochester, Minn:; August_17, 1959. -_DBWALD PUBLISHING CD.. NEW ULM, MINN. 9181 this highway plan was an improvement over the original but he still felt that bridges should be installed on 1st and 3rd Street; they felt the plan would still be inadequate becaukse of "circuity" of design and because.it is not oriented to complexity of traffic movement and proposed that the affected business men press for installations at 1st and 3rd. Mr. Hooper of Wilbur Smith & Associates brought up the traffic channeling by the shopping center, k and said it was their understanding that the volume arrived at by the authorities was somewhat shy, that it was their understanding that an addition would be put on this shopping center in the near future and would therefore increase traffic by 50%. He said the first plan recommended abridge at the location of 1st St. S. W. in addition to the bridge at 2nd Street and that the traffic levels indicated on the plan were not quite clear, that after analyzing it they found that 75-90% of the traffic coming to the shopping center comes through the back door; he said the idea of expecting travelers and natives to use the route on the plan is quite unrealistic, people wish to go by a direct route and will endeavor to do so; he said it had been indicated that addition structure should be put across 6th Street, their interest is only in the U. S. 52 section by Miracel Mile, the plan under discuss- ion about a year ago had a satellite bridge or pathway which would have eased the traffic for the people Bast and West, it was a minimum design and it would provide a left turn or "u" turn before you reached 2nd Street, that has been eliminated and the proposed solution of the problem would be a bridge at 1st Street S. W. as well as 3rd Street S. W., the traffic levels do not seem to be based on reality and he felt the figure of 6000 vehicles should be 9000 vehicles and those both entering and leaving the parking areas at Miracle Mile. He said that they had recommended to their employers that they definitely seek additional means of entrance than shown on the plan under con- sideration. Mr. C. J. Feldman stated that at the meeting about a month ago, Mr. Marzitelli of the State Highway Department said the primary purpose was to serve the City of Rochester, that the through State traffic was being carried by the inter -state route and that this construction was to primarily serve the increased traffic needs in the City of Rochester; it was also stated that the Highway Department was spending a million dollars and we realize there is more money needed in providing what we request but we feel they are definitely needed and the cost of these•structures ^ is not out of line in what is being spent in order to serve the Rochester area. Mr. A. H. Michals, Attorney, was present representing Prow's Motel Inc. and Nae�ele Sign Company; he stated that these properties were not in the city at present but were almost surrounded and would be in in the near future; that if the plan were approved and the entraace placed on 1st Street S. W. it.would be six blocks away and running into a service road past the Miracle Mile and fh erefore customers off the highway would not be able to find the entrance and the business would be lost to them; in the case of Naegle Sign Company the plan eleiminates their drive entrance and they asked that the drive remain so they may turn right off from the flow of traffic while going south onto the service road and to their plant property; they are not asking for an entrance onto the Highway because they realize this would be a traffic hazard but felt turning right off from the.flow of traffic would have no bearing or interference with through, fast traffic. Mr. B..W. Vogel, Vice President of Naegele Sign Company was also heard. President Kamm then inquired if the two firms employes by the 1 • 11 1 11 1 business men had met with the Minnesota State Highway Department to try to iron out the differences. • Record of Official Proceedings of the Common Council of the City of Rochester, Minn., August 17, 1959 4aD 1 • 1 • 1 He suggested that the Miracle Mile group select five representatives of their group to meet with representatives of the Minnesota Highway Department, the Federal Bureau of Public Roads, the City Council and City officials: Mayor Smekta stated that he would be•glad•to arrange such a meeting but thought the Council should first discuss the plans before going to such a meeting. Alderman Tingley stated that it had been his understanding that when the meeting on these plans had been held a few -months ago -that everyone was pretty much in agreement but now they were all up in the air again. He said he felt that the Highway Department was interested in moving traffic not in-. the City of Rochester and he felt it would make no great difference if the plans were -held up further for more consideration and recommended that they be held up until the question is settled. Mr. Eldon Johnson, Mr. Dwight Thurber, M r. Claude Darst,-Mr. Terry Hapfenspirger were each heard. President Kamm then stated that he felt everyone had been heard and that the Council would now go on to other business and these people would be notified•when a meeting had been set for the Council, City Officials, Representatives of the Minnesota Highway Department,-the.Federal Bureau of Public Roads and representatives of the Miracle•Mile group and their•Engineers. A letter signed by Fred W. Schuster, President of the Rochester Airport Company, requesting that in preparation of the City's budget for•the period April 1, 1960 through March 31, 1961, the Common Council consider providing funds to defray at least a portion of the costs of legal counsel and case preparation to protect and advance the community interest in air service was read/ Zbon motion by Haas, second by Wilkus, and all voting in favor thereof, the same'was referred to the Internal'Affairs Committee. A letter signed.by Ralph Ellingwood, Secretary of the Recreation Board, requesting that the Common Council provide separate and adequate office quarters for the new Municipal Recreation Director was read together with the following recommendation of the Internal Affairs Committee: "To the Honorable Mayor and Members of the Common Council City of Rochester, Minnesota Gentlemen: The matter of providing office space for the new Recreation Director was considered by the undersigned Internal Affairs Committee. The F.E.Williams Building and quarters in the old Union National Bank Building were each viewed. After viewing both places, the Committee recommends that the suite of rpprgs available in the Union National Bank Building be leased at a cost of $60.00 per month; this suite would consist of two individual rooms facing 3rd Street S. W., a storage room with walk-in vault facilities (the vault door being fitted with a combination lock) -and an individual lavatory. Respectfully submitted, INTERNAL AFFAIRS COMMITTEE /s Stanley M. Morris /s Albert J. Tingley /s Lhn. P. McGuckin" Upon motion by Haas, second by McGuckin, and all voting in favor thereof, the recommendation of the Internal Affairs Committee was approved. The claim of Martha E. Mclnerny in the amount of $300.00 for injury sustained while she was a passenger on a bus operated by the City of Rochester Bus Company was read. Upon motion by Haas, second by Wilkus, and all voting in•favor thereof, the same was referred to the City Attorney. A letter signed by Stanley C. Mohn, President of Mohn's Home Builders, Inc. stating U 256 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., August 17, 1959 that they had.encountered difficulties when they applied for a building permit on Lot_11, Block 1, in Sunset Terrace and asking immediate release of this lot so that they could go ahead with the home to be erected was read. Mr. Moore, Planning Director, explained that this matter had been cleared up so President Kama► ordered the letter placed on file. A petition signed by Mildred A. McGuire to have Lot 8, Block 3, Kutzky's 2nd Addition changed k from a residential to a multiple dwelling zone (1312 - 1st St. N. W.) was read. Upon motion by Haas, second by McGuckin, and all voting in favor thereof, the petition was referred to the Board of Zoning. A letter signed by James V. Moon, Superintendent -of. -the Rochester Public Schools, • commending the Council on the fine newspaper supplement.prepared by the City was read and President Kamm ordered the same placed on file. A letter signed by Dr. Lyle A. Weed of 1607 - 9th Avenue N. E. complimenting the Council on the way the fluoridation problem was handled was read and President Kamm ordered the same placed on file. The City Engineer's preliminary estimate for the construction of sidewalks at 18 separate locations in the amount of $3,417.00 was read and President Kamm ordered the same placed on file. file. The recommendation of the Mayor's Parking and Traffic Committee that the Municipal parking lot by the Fire Hall be improved for parking by removal of the old garages, sidewalks and drives and that the area be resurfaced for parking was read and upon motion by Haas, second by McGuckin, and all voting in favor thereof, the same was referred to the Public Works Committee. A letter from the Mayor's Parking and Traffic Committee stating that they had con- sidered the matter of establishing a charge for passenger and loading zones and would report on the matter after their next meeting on August 21, 1959 was read and President Kamm ordered that the letter be placed on file. A letter from the Mayor's Parking and Traffic Committee stating that the matter of parking and meter limits on.lst Avenue N. W. which was referred to their committee had been received to late for the meeting on August 7, 1959 but that they would make a k report on same after their next meeting on August 21, 1959 was read and President Kamm ordered that the same be placed • on file. A letter from the Mayor's Parking and Traffic Committee stating that their committee had unanimously adopted the following recommendation was read "That the Mayor's Parking and Traffic Committee recommend to the Common Council that that body approve the relocation of the beltline from Eleventh Street Southwest to Highway 52 north of Marion,, as recommended by the Highway Department". President Kamm ordered that the communication be placed on file. The recommendation of the City Security Committee that bids be accepted at the first Council meeting•in September of 1959 replacing the present meter maintainence truck, which was damaged in an accident, was read. Upon motion by Haas,, second by McGuckin, and all voting in favor hhereof, the recommendation was approved. Record of Official Proceedings of the Common Council of the City of. Rochester, Minn., .August 17, , 1959, 25 ' 1 ems- • 1 1 1 0 The recommendation of the City Security Committee that parking be prohibited on the south side of 6th Street S. W. from 4th Avenue to loth Avenue S. W. was read. Upon motion by Haas, second by McGuckin,-and all voting in favor thereof, the krecommendation was accepted and the City Attorney was instructed to prepare the necessary resolution. The recommendation of the City Security Committee that the request of Quinn Hotel for changing the fettering of the sign in their loading zone remain the same for the present, this has the approval of Mr. Quinn, was read. Upon motion by Tingley, second by Haas, and all voting in favor thereof, the recommendation was approved. The recommendation of the City Security Committee relative to revisiAg the dog ordinance was presented and upon motion by Haas, second by Wilkus, and all voting in favor thereo the recommendation was tabled. The recommendation of the Public Works Committee that the request of Builders Land Company to contract to construct the local improvements in Elton Hills 5th Addition at their own expense be approved and that K. M. McGhie be engaged by the City to prepare the plans and specifications and that the Builders Land Company reimburse the City for engineering costs was read. Upon motion by McGuckin, second by Tingley, and all voting in favor thereof, the recommendation was approved. The recommendation of the Public Works Committee that the petition to vacate 5th Avenue S. W. between West Center and Ist Street S. W. not be approved was read. Upon motion by Haas, second by Wilkus, the recommendation was approved. All voted in favor thereof. The recommendation of the Public Works Committee that'Bielenberg & Giese Development Company to contract with the City to construct sanitary sewer, water main, storm sewer, laterals, service connections, street grading and surfacing in Replat of Bielenberg & Giese 4th Addition, at owner's expense, was read. Upon motion by Haas, second by Wilkus, and all voting in favor thereof, the recommendation was approved. The recommendation of the Public Works Committee that Builders Land,Company contract with the City to construct Storm Sewer at their own expense in Elton Hills 4th Addition was read. Upon motion by Haas, second by Wilkus, and all voting in favor thereof, the recommendation was approved. The recommendation of the Public Works Committee that no action be taken to the offer of Mr. & Mrs. Steve Gromek to sell Lot 1, Block 3 of Conley Addition to the City until a plan for the location and width of the proposed street improvement on 5th Avenue N. W. has been accept and approved by the City Council was read. Upon motion by Haas, second by Wilkus,,and all voting in favor thereof, the recommendation was accepted. The recommendation of the Public Works Committee stating that after considering the objections presented at the hearing held on August 3, 1959 they recommend that the construction of sidewalk on the north side of 14th Street N. W. from llth Avenue N. W. to 16th Avenue N. W. be dropped from the proposed project, and that the project be reduced to the following description and constructed "Construction of sidewalk on the northerly side of llth Ave. N. W. from 16th Ave. J N. W. to the east line of Lot 9, Block 1, Thomas First Addition", was read. Upon motion by Wilkus; 2 5- 8 Record of Official Proceedings of the Common Council of the City of Rochester, Minn.; August 17,• 1959 • D$,WALD_PUB L I6,HIN0 CC.._NEW ULM._N 1,N N._9181 second by McGuckin, and all voting in favor thereof, the recommendation was accepted. The recommendation of the Public Works Committee that the bids for construction of a sanitary sewer and water main in Rolling Greens 2nd Addition be deferred until the next meeting on September 8, 1959 was read and upon motion by Haas, second by McGuckin, and all voting in favor thereof, the recommendation was accepted. The recommendation of the Public Works Committee that the bid of E. J. Vonch for the construction of,sidewalks at 18 separate locations (Project #2-1959) be accepted at the unit prices bid and checks be returned to the unsuccessful bidders was read. Upon motion by Haas, second by Tingley, and all voting in favor thereof, the recommendation was approved. • The recommendation of the Public Works Committee that in anticipation of new plats, and subdivisions being submitted and petitions for local improvements to be financed by Public Funds, they submitted the current policy of the Public Works Committee on several matters affecting these projects was again read (this recommendation had been tabled at the last meeting). A motion was then made by Wilkus, second by Tingley that the jrecomendation be tabled until the next meeting and upon roll call and all voting "no" except Tingley who voted "aye", President Kamm declared the motion lost. A motion was then made by Haas, second by Wilkus, that the recommend- ation be accepted and all voting in favor thereof, except Tingley who voted "no", President Kamm declared the motion carried and the recommendation accepted. 4 The recommendation of the Public Works Committee recommending readvertising for bids in South Home 2nd,Subdivision was again read (this recommendation had been tabled at the last meeting). Upon motion by Haas, second by McGuckin, this recommendation was tabled until the owners again request that this project be reopened. All voted in favor thereof. The following letter from Peoples Natural Gas Company was presented: "Sonorable Ilex P. Smekta, Mayor and City Council Rochester, Minnesota RE: Request of Peoples Natural Gas For Increase in Rates Gentlemen: Enclosed for your consideration are revised rate schedules for firm and interruptible gas service in the City of Rochester. Also enclosed are financial statements pertaining to revenues and costs which show the need for the proposed increase in rates. Further increases in the price of gas in the fields in Kansas, Oklahoma dad Texas, as well as increases in labor, taxes and materials, have resulted in higher costs for gas at the town border stations. An increase in these town border costs became effective • in November of 1958 and a further increase is scheduled to become effective in December of this year. While there was an adjustment in Peoples rates in Rochester in December of 1958, it did not include the November increase in gas costs, nor, of course, could it it include the proposed December raise. Since November of 1958, Peoples has been required to pay these higher costs without any offsetting increase in its revenues. With the cost of gas representing nearly 80 per cent of Peoples total costs of operation in Rochester, it is impossible to absorb the increases in these costs. As a result of the November 1958 increase, the return presently being earned by Peoples on its Rochester distribution system is far below what is -needed to pay our interest and dividends and properly to maintain the Rochester system. . The proposed rates are estimated to increase gas revenues by approximately $220,000. This increase covers only the November, 1958 increase in gas costs. We have not included increases in distribution operating expenses that we know are occurring. One of the many operating cost increases is the extensive street improvement program now under way. Although it is becoming more and more difficult, it is hoped that we can continue to absorb most of the increases in operating expenses. Under the new rate; the monthly bill -for an average domestic customer will be increased by $1.50 or $18.00 for the entire year. ,We are also attaching a tabulation which compares the proposed rate for Rochester with rates presently being charged by other distributors in this area. It shows that • Record of Official Proceedings of the Common Council of the City of Rochester, Minn., August 17, 1959- 25 1 0 1 1 .• 1 Peoples rates in Rochester continue to be lower than or in line with rates of other distributors. We respectfully request your early'consideration and approval of these new rate schedules. Respectfully submitted, PEOPLES NATURAL GAS /s J. R. Robbins, District Manager" Mr. Joe Robbins, District Manager of Peoples Gas Company, was present and urged that the Council grant this increase as requested. Dale TeKolste of the Peoples legal department in Omaha was also present. They stated that (1) they have been behind in our rates every time the Council has seen fit to give them an increase; the increase is needed to take up the increased cost of gas that became effective in 1958, you gave an increase that became effective January, 1959 but the cost was not included so again we are behind, that is the reason we are asking that thing be expedited; to complicate the situation even more a rate increase is going into effect in December this year and those figures are not included in the rate increase being asked for, those costs will be increased by us in December and we hope we can work this out as time goes by (2) 80% of the costs of the operation here in Rochester are etude up in the cost of gas which we have no control over, they are determined by the Federal Power Commission; we would like to suggest that you consider an escalator adjustment clause which would allow the rates to fluctuate as set by the Federal Power Commission; he said neither the city nor gas company has any control over such rates and that such a clause would be to the advantage of both city and gas company, that the company is always a year behind in rate adjustments following wholesale rate increases set at Washington and that it has been realizing less than 2% on its investment. A motion was made by Tingley, second by McGuckin, that their request be referred to the City Security Committee. All voted in favor thereof. The application of Naegele Sign Company for a license to erect and maintain signs was read and upon motion by Wilkus, second by Tingley, the license was granted. The application of Leo N. Dornack for a Journeyman Plumber's license was read and upon motion by Wilkus, second by Tingley, the license was granted. The application of Clifford Aarness for a Journeyman Warm Air Heating, Ventilating and Air Conditioning Workers license was read and upon motion by Wilkus, second by Tingley, the license was granted. The applications of Rochester Service Company for a license to sell soft drinks and a license to sell cigarettes were earrh read and.upon motion by Wilkus, second by Tingley, the licenses were granted. The contract bonds of Carlisle G. Fraser (2) each in•the amount of $46,481.30 and 10,822.60 with Federal Insurance Company as surety; Leon Joyce (2) in the amounts of $5,220.75 and $7,015.00 with the Seaboard Surety Company as surety; John Bielenberg, Lawrence H. Bielenberg and Henry-J. Giese in the amount of $5,600.00 with Western Surety Company as, surety; Doyle Conner Company in the amount of $92,874.06 with the Western Surety Company as surety; and Viker and Sorenson in the amount of $811.00 with G1en6'Falls Insurance Company as surety were each read r: and the same were referred to the Mayor for approval. 0 U Record of Official Proceedings of the Common Council of the City of Rochester, Minn., August 17, 1959 E The reports for the month of July, 1959 of the Building Inspector showing fees collected for building permits issued $1,504.00; of the Electrical Inspector showing fees collected for electrical permits issued $696.75; of the Plumbing inspector showing fees collected for plumbing permits issued $646.50; of the Heating Inspector showing fees collected for heating permits issued $148.75; and fees collected for sign permits issued in the amount of $52.95 were each read and President Kamm ordered the same placed on fil e. The report of the City Treasurer for the month of .July, 1959 was presented and President Kamm ordered the same placed on file. The reports of the Clerk of Municipal Court for the week ended August 7, 1959 showing total criminal fines and costs collected $2,122.45 and total remitted to City Treasurer $1,308.25 and for the week ended August 14, 1959 showing total criminal fines and costs collected $2,174.75 and total remitted to City Treasurer $2,174.75 were each read and having been approved by the City Attorney, President Kamm ordered that the same be placed on file. The following resolutions were each introduced and read and upon motion made, seconded and all voting in favor thereof, President Kamm decalared the said resolutions duly passed and adopted: Resolution approving plans and specifications and ordering bids for the making of the construction of sewer and water service connections in Rolling Greens 2nd Addition. Upon motion by Tingley, second by Wilkus, resolution adopted. Resolution approving plans and specifications and ordering bids for grading and surfacing of streets in -Rolling Greens 2nd Addition. Upon motion by Wilkus, second by Haas, resolution adopted. Resolution approving plans and specifications and ordering bids for construction of a storm sewer in Rolling Greens 2nd Addition. Upon motion by Wilkus, second by Haas, resolution adopted. Resolution referring improvement petition for determination of adequacy, feasibility report and recommendation for construction of a sidewalk and curb and gutter on the East side of llth Avenue Northwest from 7th Street Northwest to a point 210 feet North. Upon motion by McGuckin, second by Haas,,resolution adopted. Resolution authorizing and directing the City Clerk to advertise for sealed proposals for furnishing a parking meter maintenance truck to replace the present one which was damaged in an accident. Upon motion by Wilkus, second by Haas, resolution adopted. Resolution accepting the bid of E. J. Vonch for construction of sidewalks at 18 separate locations (Sidewalk Project #2-1959). Upon -motion -by Wilkus, second by McGuckin, resolution adopted. Resolution approving resolution adopted by the Public fitility Board (approving the purchase of $100,000.00 U.-S. Treasury Notes). Upon motion by Haas, second by McGuckin, resolution adopted. 1 0 1 1 • 1 • • Record of Official Proceedings of the Common Council of the City of Rochester, -Minn., August 117. 1959 n U J 1 • 1 Resolution appropriating $150.00 from the General Fund and $932.80 from the Police Protection Fund and ordering payment made -to R. L. Polk & Company $270.00; P. E. Romano, $222.00; Clements Chevrolet Co., $215.75; and 0 & 0 Sporting Goods $375.05. Upon motion by Wilkus, second by Morris, resolution adopted. Resolution appropriating $463.40 from the Fire Protection -Fund, $208.00 from the Fund and $1,627.28 from the Auditorium Fund and ordering payment made to McKesson & Robbins $208.00; Walter Heins Agency $1,627.28; Ace Truck & Implement Co.; $204.20; Mine Safety Appliance Co., $259.20. Upon motion by Wilkus, second by McGuckin, resolution adopted. Resolution appropriating $1,063.50 from the Park -Improvement Fund and $3,157.50 from the Permanent Improvement Fund and ordering payment made to Leon Joyce $4,221.00; Larkin & Associates $5,500.00; Alvin E. Benike $771.01; Bob's Landscaping $1,254.00.- Upon motion by Wilkus, second by Morris, resolution adopted. Resolution appropriating $1,204.00 from the General Fund and ordering payment made to General Appliance & Television, -Inc. Upon motion by Wilkus, second by Haas, resolution adopted. Resolution appropriating $8,787.44 from the P. I. R. Fund and ordering payment made . to'E. C. Bather & Associates. Upon motion by Wilkus, second by Morris, resolution adopted. Resolution appropriating $4,489.25 from the General Fund, $11,470.14 from the Street Alley Fund and $390.30 from the Sewer Fund and ordering payment made to Street & Alley Fund $8,064.80; Rochester Sand & Gravel $7,635.87; Wm: H. Ziegler Company $440.57 and Patterson Quarries,'Inc. $333.45. Upon motion by Wilkus, second by Morris, resolution adopted. Resolution appropriating $22,892.31 from the General Fund and ordering payment made to Riverside Sand & Gravel'Company $802.50; Public Employees Retirement Association $18,349.25; N. W. Refining Company, $1,503.14 and Standard Oil Company $2,237.42. Upon motion by Morris, second by Wilkus, resolution adopted: Resolution appropriating $435.96 from the General Fund and ordering payment made to Treasurerl.of the State of Minnesota. Upon motion by Wilkus, second by'Morris, resolution adopted.', Resolution appropriating $315.30 from the General Fund, $247.38 from the P.I.R. Fund, $568.27 from the Lighting Fund,'$10.50 from the Street & Alley Fund, $436.04 from the Permanent Improvement Fund and $196.43 from the Sewer Fund and ordering payment made to Schmidt Printing Company, $325.80; E. C. Bather & Associates $443.81 and City of Rochester, P. U., $2,004.31. Upon motion by Wilkus, second by Tingley; resolution adopted. Resolution approriating $252117 from the General Fund, $359.60 from the Street & Alley Fund, $86.80 from the Fire Protection Fund, $46.70 from the Sewer Fund, $64.16 from the Police Fund and $272.05 from the Parking Meter Fund and ordering payment made to L. N. Sickels Company $345.00; H & H Electric Company $388.84 and N. W. Bell Telephone Co., $347.64. Upon motion by Tingley, second by Wilkus, resolution adopted. Resolution appropriating $6,812.22 from the General Fund and ordering payment made to Big Four Oil Company $3,,319.45; League of Minnesota Municipalities_$468.00; Nelson Tire & Appliance Co., $1,170.00 and Rochester Post Bulletin $1,854.77. Upon motion by Wilkus, second by 0 Haas, resolution adopted. 26 Record of Official Proceedings of the Common Council of the City of Rochester,- Minn., August 17, 1959 OSWALD PUBLISHING CO.. NEW ULM, MINN. 9181 Resolution appropriating $2,222.57 from the General Fund and ordering payment made to Foster Electric Company.$1,462.07; Bert Leitzen,$532.00 and Herbert G. Knopp Agency $228.50. Upon motion by McGuckin, second,by,Wilkus, resolution adopted. Resolution appropriating $1,200.00 from the General Fund and ordering payment made to Ladislas Segoe &,Associates. Upon motion by Wilkus, second by Haas, resolution adopted. Resolution appropriating $15,000.00 from the General Fund and ordering payment made to the J. M. Cleminshaw Company.. Upon motion by Wilkus, second by McGuckin, resolution adopted. Resolution appropriating $1,964.99 from the Park Improvement Fund, $596.09 from the Lighting,Fund and $749.00 from the F. E. Williams Fund and ordering payment made to City of • Rochester, P.U., $891.97; Lyon Chemical Company, $843.01 and Rochester Sand & Gravel Co., $1,575.20. Upon motion by Wilkus, second by McGuckin, resolution adopted. Resolution appropriating $2,150.80 from the Park Improvement Fund and ordering payment made to Rochester Dairy Cooperative $857.18; Reynolds Wholesale Company $7.87.62 and R. C. Drips Grocer Company $506.00. Upon motion by Wilkus, second by Tingley,Qresolution adopted. Resolution appropriating $19,567.00 from the Permanent Improvement Fujnd and ordering payment made to Alvin E. Benike. Upon motion by Wilkus, second by Tingley, resolution adopted. A letter signed by Mrs. Delbert McCain complaing about the dust and concrete in the vicinity of 219 - 12th Street N. W. was read and upon motion by Tingley, second by McGuckin, the same was referred to the City Security Committee. All voted in favor thereof. The matter of installing a stop sign at the intersection of 13th Avenue N. W. and 1st Street N. W. was brought to the attention of the Council by Alderman McGuckin. Upon motion by Haas, second by McGuckin, the same was referred to the Chief of Police. All voted in favor thereof. The City Engineer's preliminary estimate for construction of sanitary sewer and water main in Rolling Greens 2nd Addition in the amount of $86,407.90 was read and President K ordered the same placed on file. A resolution confirming the report of Commissioners on Condemnation of certain lands. and interests in Oak Rest Re -Plat and Northern Addition to the City of Rochester, Olmsted County, Minnesota, for public street purposes (persons interested Maude E. Sanderson, Kenneth W. Shay and Roberta Shay and the amount of the award $6,600.00) was read. A motion was made by Haas, second by • McGuckin, that the said resolution be adopted as read and upon roll call and Haas, McGuckin, Morris and Kamm voting "aye" and Tingley and Wilkus voting "no", President Kamm declared the said resolu- tion duly passed and adopted. A resolution authorizing the Mayor and City Clerk'to execute on behalf of the City a contract with Builders Land Company to construct certain local improvements in Elton Hills Fourth Subdivision was read. Upon motion by Wilkus, second by Tingley, that the resolution be tabled until the next meeting, and upon roll call and Haas, McGuckin, and Morris voting "aye" and Tingley, Wilkus and Kamm voting "no", President Kamm declared the motion lost. A motion was then made by Haas, . second by Wilkus that the resolution be adopted as read and all voting in favor thereof, President Kamm declared the said resolution dujly passed and adopted. Record of Official -Proceedings of the Common Council 266 of the City of Rochester, Minn., August 17, , 1959 0 1 C..J' C�- E 1 1 • 1 05WALD PU_BLI_BHIND CD- NEW ULM, MINN. 91131 A resolution authorizing the Mayor and City Clerk to execute on -behalf of the City the contract with John Bielenberg, Lawrence Bielenberg and Henry.J..Giese to construct certain - local improvements in Bielenberg & Giese Fourth Addition was read.. Upon motion by Tingley, second by Wilkus, and all voting in.favor thereof, President Kamm declared the said resolution. duly passed and adopted. An ordinance providing for the formation and government of the Police Department of the City of Rochester, Minnesota (authorizing appointment of hix part time school traffic supervisors) was given.its first reading. A motion was made by Haas, second by McGuckin, that the rules be suspended and.the ordinance be given its second reading but upon roll Tingley voted no . An Ordinance amending an ordinance entitled, "An Ordinance for the purpose of promoting health, safety, order, convenience and general welfare by regulating the use of land, the jocation, size, use and height of buildings, and the arrangmaent of buildings on lots, and the density of population within the -City of Rochester, Minnesota, all -in accordance with a comprehensive plan (changing Lot.2, Block 4,.A. W.. Kutzky's Addition to multiple dwelling zone) was given its first reading. . An Ordinance amending an ordinance entitled, "An Ordinance fimr•the purpose of promoting health,, safety, order, convenience and general welfare, by regulating the use of land, the location, size, use and height of buildings, and the arrangement of building on lots, and the density of population within the City -of Rochester, Minnesota, all in accordance with a comprehen- sive plan (amending Section 10, Appeals and Variances -Planning and Zoning Commission), was given its first reading. A motion was made by -Haas;' -second by McGuckin, that the rules be suk spended• and the ordinance be given its second reading but.upon roll call Tingley voted "no". The following claims were read and upon motion by Wilkus, second by Tingley, the same were approved and the Mayor and City Clerk were directed and authorized to draw warrants upon the City Treasurer and make payments accordingly: From the General Fund:. Marchant Calculators, 2.50; Mathew Bender & Company,.$18.50; Chicago N. W..Ry. Co., $80.00; Ace Sign Co., $4.00;.Adams,-$2.45; Whiting Press Inc., $34.161 Business Services of Rochester, $7.85; The Sherwin Williams Co., $12.60; Thiem Signs,-$14.00; A. E. Gross, $12.00;.Weber &•Judd Co.-, $10..10; Trautner Sales Co., $105.39; Borchert Ingersoll, $22.15; Park;Department, $163.56;.Gibbons Printing, $80.30; Witte Transportation, $11.00; Robert Ludescher, $43.43; H. Dornack & Sons, $59.60; Hentges Glass Co., $9.00; Fire & Safety, Inc. $33.55; Rochester. Dry Cleaners, $29.50; China Hall, $19.50; The Model Laundry, $18.46; Larry Lentz, $78.00; Arnold.Supply, $102.55; Foster Electric-Co.,-$44.88; Witte Transportation, $13.75; Allen Truck &-Implement•Co.,-$3:52; Quality Printers &.Stationers, $8.60; R. L. Polk & Co., $30.00; Monte's, $58.87; Ace Hardware,-$79.76; The Kruse Company, $26.85;-LeRoy:Hennum, $16.80 and 11 Reeve's Drug Store, $21.50. From the Street.& Alley Fund: Witte Transportation,•$41.87; Parkhill Bros.; $16.88; Allen Truck &.Implement., $27.29; Welborn Welding, $1.00; National Bushing & Parts, $49.98; 0 264 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., August .17., 1959 Scotty's Shell Service, $16.30; Monte's, $.95; Ace Hardware, $31.11; Reeve's Drug Store, $44.47 and Harold Auto Electric, $23.41. From the Fire Protection Fund: National Bushing & Parts, $19.61; Schmidt Printing Co., $105.55; Fullerton Lumber Co., $4.40; Fire.& Safety, Inc. $26.40; General Trading Company, $33.03; Industrial towel & Garment Service, $21.86; Botsford Lumber Co., $13.14; Pruetts Launderers & Cleaners, $18.65; The Supply Co., $15.50; Dison's Cleaners, $29.42; John Bean Division, $141.12; Model Laundry, $48.94; Rochester Iron Works, $1.85; Adair Electric, $51.60;=Gopher Welding Supply, $21.50; Barry Plumbing & Heating, ;16.48; Ace Hardware,•$13.52 and LeRoy Hennum, $.75. From the Police Protection Fund: Witte Transportation Co., $2.75; Mrs. Frank Van Duilde $20.50; Carl J. Briese, $3.00; Hilman Vang, $133.50; Donald Crowe, $87.70; Universal Motors Inc., $151.29; Elliott & Hanson, $37.23;.S. M. Supply Co., $2.84; Postier & Eggers, $141.18; Scottys Shell Service, $51.44; Minit Car Wash, $34.75; Bernard Devney, $69.22; Pako Photo News, $11.53; Estherline Angus Company, $42.35; The Custom Gun Shop, $14.00; Joe L. McDermott; $167.45; Quality Printing Co., $104.45; Bills Conoco, $27.85; Hanson Typewriter Store, $50.90; Goodwin Josh Laboratories, $10.00; Eastman Kodak Stores, $56.25; MonW s, $73.75; Ace Hardware, $1.57; LeRoy Hennum, $14.90; Reeves Drug Store, $3.03; Harolds Auto Electric, $109.93; Hanny's Mens Wear, $29.50; The Dayton Co., $55.40; Montgomery Ward, $30.66; Cronon-Peterson, $117.50; 0 & B Shoe Store, $59.85; M. C. Lawlers, $17.95; Andersons Mens Wear, $100.62; Kinney Shoes,. $9.95 and Koffee Kup Kafe, $45.00. From the Sewer Fund: Arnolds Supply Co., $49.00; Peoples Natural Gas, $28.23; R. C. Drips Co., $21.00; Foster Electric Co., $47.10; 0 & B Shoe Store, $19.95; Walker. Hardware, $9.35; S. Supply, $15.95; Scharf Auto Supply, $7.92;.Firestone Stores, $20.95; Greenbay Foundry Machine Works, $57.00; Yeoman Bros. Co., $36.70; Railway Express Agency, $3.05;'The Sanitary Co., $k70.18; Goo. T. Walker Co., $99.50; Witte Transportation, $8.87; Parkhill Bors., $1.35; Welborn Welding, $119.00; Peoples Natural Gas, $1.00; City of Rochester, P.U., $95.57; Monte's $1.55 and Reeve's Drug Store, $3.00. From the Auditorium Fund: Struve Paint Co., $56.47; Woodhouse Bros., $28.85; Cal Smith, $185,.49; Cal Smith, Mgr. N.C.A., $9.75;.Rochester Plumbing & Heating, $10.21;.American Linen Supply, $36.35; The Kruse Company, $6.16 and Alpek Sheet Metal Works, $2.75. Rrom the Lighting Fund: City of Rochester., P.U..., $26.93. From the Parking Meter Fund.: ,Universal Motors, Inc., $1.00; Ted Riepele, $168.00; �. A. Danewick Co., $6.70; Ace.Hardware, $2.07; The Kruse Company, $15.97; Walker Hardware, $5.70; Nutting Upholstery, $15.00; Parking Meter Repair Service Centex, $49.50; Williams Printing Co.. $10.00 and Minnesota Mining & Mfg.•Co.,,$54.00. From the Park Improvement Fund: City of Rochester, P.U.,;$66.48; N. W. Bell Telephone Co., $35.60; Whiting Press, Inc., $7.32; Burroughs Corporation,.$19.96; The Johnson Co., $3.00; Norma Amundsen, $23.63; Ace Hardware, $61.99; S. M. Supply Co., $173.87; American Linene Company, $73.24; R. L. Gould Company,.$38.05; Botsford Lumber Company, $146.10; Minnesota Toro Inc., $152.73; Scharf Auto Supply, $2.52; Scheid Plumbing & Heating, $182.76; Alexander Auto Electric, 1 u • 1 9 Record of Official Proceedings of. the Common Council of the City of Rochester,:. Minn., August 17, 1959- 1 • 1 1 • I $10.55;* Rochester Visitor, $24.00; Minnesota Golf Association $10.00; Sotithern Minnesota Golf Association, $10.00; 0 & 0 Sporting Goods, $89.80; Wallace & Tiernan Inc., $29.50; Bergstedt Paint Co., $106.38; Eagle Drug Store, $1.77; H & H Electric Co., $54.61; Lawlers Dry Cleaners, $1.50; Socony Mobil Oil Co., $82.26; Universal Motors, Inc., $23.40; Gopher Welding Supply, i $17.11; Firestone Sores, $15.00; J. R. Doering, $1.94; Allen Truck & Implement Co., $22.84; Hayes Lucas Lumber, $1.20; National Bushing & Parts, $15.43; Sears Roebuck & Company, $37.63; Woodruff Company, $2.65; 2toppels Feed, Poultry & Seed, $6.50; Rundell'Lumber & Feed Co., $63.62; Monson Dray Lines, $8.25; Crowley Fence Co., $20.00; General Trading Co., $24.32; L. N. Sickels Co., $38.75; Fillmore & Bradbury, $46.43; Mayo Clinic, $15.00; Marigold Dairies, $.58; Pure Ice Company, $1.50; Rochester Bread Bakery, $11.00; Schott Distributing Co., $55.00; N. W. Bell Telephone Co., $40.31. From the Permanent Improvement Fund: Park Department, $75.40 and H & H Electric Comp- any,. $178.21. From the F. E. Williams Estate 'Fund: Sears, Roebuck & Company, $26.10; L. N. Sickels Company, $38.75; Briese Steele Company, $17.88 and Rochester Wood Specialties Company, $73.92. A motion was made by Haas, second by McGuckin, that an ordinance authorizing the establishment of a traffic violations bureau and I providing for the location and operation thereof be given its second reading. Upon roll call Tingley voted "no". Upon motion by Tingley, second by Wilkus, the meeting was adjourned. . Citj Clerk A letter signed by Cy Collett, President of Country Club Manor Residents' Association, requesting permission to hold a street dance on the circle at Third Place N. W. in Country Club Manor on Saturday, August 22, from 9:00 p. m. to 1:30 P. M. was read. Upon motion by Haas, second by Morris, the request was granted. All voted in favor thereof. The claim of Clarence Barrone for damage to his windshield when it was hit by a golf ball while he was driving east on Highway 14 and 52 (Beltline) in the amount of $65.00 was read and upon motion by Wilkus, second by Haas, the same was referred to the City Attorney.' A letter from Mr. & Mrs. A. E. McKenney of 1423 - 13th Ave. N. E. favoring year round restrictions of dogs was read and President Kamm ordered the same placed on file. A letter signed by John Margellos of 1220 - 1st St. N. W. requesting that he be con- sidered in the event that additional off -sale liquor licenes are authorized in Rochester was read and President Kamm ordered that the same be placed on file. A letter signed by G. F. Appleby offering for sale farm land and buildings owned by O.W. Haling was read and upon motion by Haas, second by McGuckin, the same was referred to the Public Works Committee. All voted in favor thereof. 0