HomeMy WebLinkAbout10-17-193836 Record of Official Proceedings' of the Common Council
of the City of Rochester, Minn., October 17 ,193 s
Minutes of an adjourned regular meeting of the Common Council o-f the City
of Rochester, Minnesota, held in.the Council Chambers, in the City Ha11, in
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said City, on October 17th, 1939.
I; President Lemmon called the meeting.to order at 7:30 o'.clock P,M., the
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following members being present: Lemmon; Amundsen, Fryer, Green, Moody, Richman,
{'Williams. Absent: None.
i Upon motion by Moody second by Williams, the minutes of the meetings of
October'lOth and 13th, were approved.
President Lemmon stated this as being the time set for hearing on the levy— j
;, ing of special assessments for sprinkling, flushing and oiling -of streets during
the 1938' season, and asked if, any one preSent1 wished' tb be heard concerning the i
i; levying of any of such special assessments., No one present wished to be hearfl.
!� President Lemmon. stated this as being the time set for hearing on the
construction of a sanitary sewer in First Avenue Southwest from Fifth Street
to Sixth Street Southwest; curb and gutter and paving on Sixth Street Southwest
from Broadway to Second Avenue Southwest and on First Avenue Southwest from
Fifth Street SotLthwost to Sixth Street Southwest, and asked if any one present
wished to be heard concerning either of said street improvements'. No one
:..present wished to be heard..
President Lemmon stated this as being the time set for receiving and
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j, opening bids for the purchase of the property known as the .1itherstine property,
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jThe following proposals for removal of the build.ings only were received and
opAned at this time: Alvin Hoeft $115.00, Wm. Van Hook $151.50, G.A.Berg $275.00,
!,Joseph F.Mackey $279.00, F.C.Butterfuss $451.00.
President Lemmon referred the above bids to the Public Grounds Committee
,:for recommendation and the Council recessed for ten minutes to give the Committee
I, an opportunity to make the recommendation.
The following Committee report was read, and on motion by Fryer second by
jWilliams, said report was accepted and ordered placed on file:
Rochester, Minn.
Oct . 17, 1938
' Hon.Mayor & Common Council
Gentlemen:
i The Public Grounds Committee recommend that the buildings
on the Witherstine property be sold to F.C.Butterfuss in bhe amount
�i of $451.00.
Respectfully
THE PUBLIC GROUNDS COMMITTEE
I,I By Geo.Richman, Chairman
Tom Moody
B.Amund.sen."
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Record, of Official. Proceedin - •.of- the Common .Council 37
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of the_ City of- Rochester, Mimi.; October 1 q!, 19`3 8
Alderman Amundsen introduced a resolution accepting the bid'and proposal
of F..C.Butt-erfuss for removal of the buildings on the property -known as the
Witherstine' Property for a, lump sum bid of. $451..00 in accordance with his
proposal 'on fil•e.-in the office of the City Clerk, which was ,read.
On moti.on'by Fryer second by Amundsen that the said resolution be adopted
as read; ;and.all voting in favor thereof, President' Lemmon declared the 'said
resolution duly passed and adopted.
Upon mot i'on.by Fryer second -by Richman all other bids. were rejected and the
City. Clerk *6,a inst.-rutted to return the, checks which a.ecompani'at'the rejected
bids.
President Lemmon etated this 'as being the time set to� consider the pet.itian.
of Louis A:Kepp .for achange in the classification of Outlet 2 less,"Nhe ..South ;2
acres and ±all- of-. Outlet' 3, in Northern Addition to the City of Rochester.; from.
a resident>ia,l,district to an industrial district, and asked' if any one present
wished to be heard.. .Mr. Kapp was •p.resent and stated briefly his reasons for
asking a,change. in the class-if-ication.
Alderman Amundsen introduced an 'ordinance e'ntit'led, !�An ord.inance amending
an ordinance entitled 'An ordinance for the purpose of promoting' health',' safety,
order, co.nvenien°ce, 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 d.c n,sity .of population within the City of Rochester' - M,inne'sota, all
in accordance, with a compreh-ensive -plan". the purpose of said amendment is to
change -the classification of Outlet 2 less the south 2 acres and all of, Outlot
3, Northern:-Additi,on to the City of Rochester from a� residential to an indus-
trial district, --which was given its. first reading:
Upon motion by Fryer second by Williams, and all voting in.favor thereof,
the rules were suspended and the said ordinance was given its's'econd. reading.
The report 'of the Clerk of the Munic1pal Court'•f.or the week ending October
17th,showing .criminal fines and costs collected $120.20, civil fees received
$13.55, and conciliation court fees received $3.25,-was read, and having been
previously approved by the City Attorney, President Lemmon ordered that the
same be- pl,aced:' on file.
The report of the City, Weighmaster for the month of September,' showing
223 private loads weighed and., total receipts,$22.30, was read,.'.
ead, and Pres}dent
Lemmon referred -the same to the Finance Committee.
The application signed by Vernon L.Wilkinson for a drivers license was.
read; and on motion by Richman second by Green license Xvas granted., ,
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Record of Official Proceedings of the Common Council
of the City. -of Rochester, Minn., October 17 ,19 3 g .
Applications for sign permits signed by Louis Hanger at 316 South Broadway
and Ida Zahn at 1162 "South Broadway, were each separately read, and.. on -motion
1� by Amundsen second by Moody permits were granted.
A communication from Herbert C. Hanson, Chairman of the Olmsted County
Republican Gomrittee, requesting permission to place a banner on Second Street
Southwest between First Avenue and.Broadway Street, was read, and on motion by
I. Fryer second by Green the request was granted. -
At th-e request of the Common Council,'President Lemmon appointed the
following persons as members of the Committee to investigate the Sewage disposal
plant project: Alderman D.L.Williams, Alderman Benjamin S.Green, and Alderman
B.Amund.sen, Harold Whiting, Harold Akenhead, Wright Toogood, E.E.Harkness, and
Albert Radtke.
Requisitions by the Deputy Health Officer or. St.Mary's, Hospital for the
isolation of John Wanio and Roger Julin, were each separately read, and President
Lemmon ordered 'that the same 'be placed nn" file.
I. L. Eckholdt,.City Attorney presented an opinion from the Attorney General'
of the State of Minnesota to the effect that at all times when the Charter
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!' o,f the City of Rochester provides for a five sevenths or a four sevenths vote
of the Common Council the President of the Council shall be considered as a•
member of said Council and entitled to vote on such questions, a.nd on motion
by Fryer second by Richman said opinion was ordered placed on file.
Th-e surety bond in the sum of $3750.00 of the A-W Company, Inc., of
Minnesota, with the United States Casualty Company, as surety covering their
' contract for the furnishing of a street sweeper for use of the City Engineer's
Department, was read, and on motion by Green second by Richman the -bond was
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approved, the surety thereon accepted and it was ordered that the bond be placed
on file.
The following claims were read, and on motion_ by Richman second by Williams
j �hd all voting in favor thereof, the same were allowed and the Mavor and City
Clerk were authorized and directed to draw warrants upon the City Treasurer and
!make payments accordingly:
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From the General Fund: Dodge Lumber & Fuel Co. $3.37,•St.Mary's Hospital
'$140.g0, Orcutt Sign Shop $16.00, The Gamewell Co. $1.19, Eastman Kodak Stores
Inc $1.16, Woodhouse Brothers-$31L.00, Yellow Cab Co. $ f,.10, C. & N.!?.Ry.Co.
$1.36, W.A.Hutchins $63.00, Minn.Northern Natural Gas Co. $3.90, F.W.Woolworth
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,00.$9.90, Otto Riess $4.00, Foster-Mrachek Electric Co. $2.95, Botsford Lumber
!'Co. $1.6g, Wm.•Behnken $2.50, The Iowa State Brands Creameries,Inc.$4.15, Melvin
,'Lien $1.00, Irving L.Eckholdt $7.99, E.A.Knowlton Co.$2.52, Bach Music Co.$10.5O
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!!The Eagle Drug Store $2.25, T.H.Page $23.30, Mark Blanchard $52.20,• C.& N.W.Ry.
Record of Official Proceedings- -of the Common Council 39
of the .City of Rochester, Minn.,.* October 17 ,19 19
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Co. $5.00,. Adams. Book Shop $11.53, Wm..C..Fraser $5.00;
• F-rom. the* Street - & Alley, Fund : General Fund $34.10, McCormick Deering Store
$9.42, Jensen Har'Arare Co. $9.25, The Joseph Lay Co. $19.90, Jensen Hardware
Co.. $.10,. Municipal Supply.Co. $25.42, National .Bushing & Parts -Co-. $99-:02,
Wm.C.Fraser $6.25;
From the, Sewer Fund: Rochester Ice. & Fuel Co. $18.50, -Jensen Hardware
Co. $1.00,
From the Permanent Improvement Revolving Fund.: General Fund` .$�15.-00;
From the Fire Protection Fund: W. S.Nott. Co. $45.96, Witte Transportation
Co. .$.55, Orcutt • Sign Shop- $15..50, City of Rochester, -Light Dept.$99...70, :Woodhouse
Brothers $33.27,. C.& N.W.Ry.Co. $3.64, Flour City Body Corp.$2.9.50, --National.
Bushing & Parts Co'. $34- 59, Jensen Hardware Co. $.9.71, Weber & Judd.Ao.. $.90;
From the Park Improvement Fund: McCormick Deering Store $.26, Parkhill
Bros.$..90, The Franklin Heating Station $9.90, W.00dhous.e Br6s.$..65, :Min.n-.
Northern Nat.ural G.as ..Co•. $2.50, Worthington Midwest- Co. $1.46., "Nat-ional Bushing
& Parts Co..$2.01, Leitzen Concrete P_rn�ucts $112.75, Railway Express'Agency
$1.41., Minnesota. Milorganite Co.$1.06, Rochester State Hospital $3.5.00; .
From the Lighting.Fund: City of Rochester, Light Dept.$5.05,
-From the Sinking Fund: Sinking Fund. Code 24 $60.Oo; _
From the.F.E.Williams Estate Fund: Woodhouse Brothers $77.91;
From the Band Fund.: Parkhill Brothers $35.10:
The following communication from W.A.Moore, 'Mayor, .vas read, and.-Pre-sid.ent
Lem_mon ordered. that the same be placed on file:
" October 14,1939. -
Honorable Common Council,
City of Rochester, Minnesota.
Gentlemen:
Re: Public Address System for.
Council Chambers.
I am returning the attached resolution unsigned because I feel `that'
the cost i s -too great for the benefits derived .from it.
Respectfully yours,
W.A.Moore, Mayor.'
No action having teen taken by the Council regarding the above .veto
message; -Alderman Richman moved that the City Clerk be a?ithorizoO. ,to return the
certified check which accompanied the proposal of the United -Sound -Engineering
Company. The .motion .ryas seconded by Alderman Amundsen and all voted in ..favor
thereof..
A copy of.a.resolution adopted by the Civic Affairs Committee of the
Chamber of Commerce for the City of Rochester, requesting -that the Common
Council adopt. a one mill tax levy for municipal band purposes for the season
of 1939, was read., and President Lemmon ordered that the same be placed on file.
40 Record of Official Proceedings of the Common Council
of the City. -of Rochester, Minn., October 17 , 19 3 9 .
Alderman Moody introduced -a resolution confirming the assessments levied'
October 3rd,1939,for the -cost and expense of sprinkling, flushing, and oiling
of streets during the season - of 1939, which was- read.
Upon motion by Fryer second by Rir_hman,that the said resolution be-adppbed
as read, and all voting in favor thereof, President Lemmon declared the said
resolution duly passed and adopted.
Alderman Fryer introduced a resolution ordering plans and. specifications,
for the' -construction of a sanitary sewer in First Avenue Southwest, from Fifth
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Street Southwest to Sixth Street Southwest, -which was read.
�i Upon, motion• by Green second by Fryer, that the said resolution be adopted
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as read, and all. -voting in favor thereof, President Lemmon declared -the said
resolution duly passed and.• adopted. <
i Alderman Green introduced -a resolution ordering plans and specifications
k for the -construction of curb and gutter on Sixth Street Southwest from Broadway
to Second Avenue Southwest and on First Avenue Southwest -from Fifth Street
Southwest to Sixth Street Southwest, which was read.
Upon'motion by Fryer second by Richman,that•the said resolution be adopted
as read, and all voting in favor thereof, President Lemmon declared the said
resolution duly passed and adopted.
Alderman Fryer introduced a resolution ordering plans and•spscifications
for the construction of concrete paving on Sixth Street Southwest from Broadway
Street South to- Second Avenue Southwest, • and on First Avenue Southwest from
Fifth Street Southwest to Sixth Street Southwest, which was read.
Upon motion by WiXliameoseconld by Amundsen,that the said resolution be
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adopted as read, and all voting in favor thereof, President Lemmon declared the
said resolution duly passed and adopted. -
Alderman Moody introduced a resolution authorizing the Public Utility Board
-to enter into contract with the Ellis Motor Company, for the furnishing of
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a four door touring sedan,` for the net sum of $551.20, which was read.
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Upon motion by Richman second by Green,that the said resolution be adopted
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as read, -and all voting'iri favor thereof, President Lemmon declared the said
'resolution duly passed and adopted.
Alderman Moody introduced a resolution authorizing the Public Utility Board
;!to enter'into contract with the Kruse Company for the furnishing of 100 poles
for a total lump sum price of $929.00, which was read.
I; Upon motion by Amundsen second by Moody that the said resolution be •
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j adopted as read, and all voting in favor thereof, President Lemmon declared.
:the said resolution duly passed and adopted.
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Record of . Official Proceedings of the _Common Council
of the. City_. of - Ro.chester, Minn., 0 c t o b e r 17 19 3 s' .
Alderman Williams introduced a resolution granting public dance permit to
Dale Hess for the Woodman Hall October 15th,1938, and- fixing the fee at $3.00,
which was read.
Upon motion by Williams second by Fryer that the said. resolution be
adopted as react., and all voting .in favor thereof, President Lemmon declared
the said resolution duly passed 4nd adopted..
Alderman Green introduced a resolution ordering hearing on special
assessments for .ri4en.ing of pavement on Third Avenue Northwest from Cent'er
Street West to Second Street Northwest-, s,aid hearing to be held at 7:30 o'clock
on October. 31,1939., .which was read.
Upon. ,motion .by Ri-chman• second- by- A;qunrlsen,that. the said resolution be
adopted as read, and all voting in favor thereof, Pre-sident Lemmon declared the
said resolution duly passed and adopted.
Alderman Amundsen introduced the folllwing resolution, which was read:
"A RESOLUTION ACCEPTING= THM OFFER OF THE UNITED STATES t
OF AMERICA TO THE CITY OF ROCHESTER,MINNESOTA,TO AID -'
IN F-INANCING THE CONSTRUCTION OF CURB AND GUTTER AND
REINFORCED CONCRETE PAVEMENT ON SIXTH STREET SOUTHWEST
FROM BROADWAY STREET SOUTH TO SECOND AVENUE SOUTHWEST
AND ON FIRST AVEMUE SOUTHWEST FROM FIFTH STREET SOUTH-
WEST TO SIXTH STREET SOUTHWEST.
Be it resolved by the Common Council of the City- of Rorchester, Minnesota:
Section 1.- That the offer of the United States of America to the 'City of
Rochester, Minnesota, to aid by Bray of. ,grant in financing the construction of
curb and gutter and reinforced concrete pavement on Sixth Street Southwest
from Broadway Street South to Second Avenue Southwest and on First Avenue.
Southwest- from Fifth Street. Southwest, to. Sixth Street Southwest, -,a copy of which
offer reads as follows:
P..w. g4311••51
FEDERAL EMERGENCY ADMINISTRATION
OF PUBLIC WORKS,
Washington, D.C.,
Dated: Oct. 6 �- 1939
City of Rochester, Docket No.Minn. 15'15--F
Rochester,' 14irinesota.
1. :Subject 'to the Terms and Conditions (PWA Form .No.230, as amen.de'd- to
the date of this Offer), which are made a part hereof, the United State's of
America hereby offers to aid in financing the construction of street improve-
ments (he.rein called the "Project") .by making a grant to. the City of Rochester
(herein called the "Applicant") in the amount lof 45 perdent of the cost' ,of, the
project upon completion,. as determined by the Federal 'Erte,rgency Administrator
of Public 'Wdrks (herein called the "Administrator"), but:,not to exceed,in any
event, the surd of $10, g50.
2. By acceptance of this Offer the Applicant covenants to begin work
on the. Project as early as poss.ibl.e but in no event l.ate;r, than 10 weeks from
the date of this Offer and to complete such Project witii:rall practicable
dispatch, and in any event within 9 months f ro.m the commen°cement of covet ruct i on
3. This. Offer is made ,subject to the express condition that, if t•he
Administrator shall determine at' any time that the Applicant has paid ar
agreed to pay,' whether directly or indirectly, a bonus, commission or fee
to. any person., firm or .corporation for ,attempting to procure an approval
of the Applicants application, or°for alleged services iri procuring or'
in attempting to .procure such approval, or for activities o,f the nature
commonly known as Lobbying performed or agreed to be performed in connec-
tion with the application, then the Administrator shall have the right,
in his discretion, to rescind this Offer and'any agreements resulting
herefrom, and, in the event of such rescission, the United States of America
shall be under no further obligation hereunder.
42
Record. of Official Proceedings of the Common Council
of the. City of Rochester, Minn., October 17 ,19 3 S..
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UNITED STATES OF AMERICA
Federal Emergency Admini st rat nr
` of Public Works
By (Sgd.) E.W.Clark
For the Assistant Administrator
be and the same is hereby in all respects accepted.
Section 2. That said City of Rochester, Minnesota, agrees 'to abide by !
all the rules and regulations relating to such offer, a copy of which rules
and regulations were annexed to the Government's offer and made a part thereof.
Section 3. That the President of the Common Council is hereby directed
to sign, and the City Clerk to attest and seal with the corporate seal of the
City of Rochester, Minnesota, the original offer made by the United States of i
America to ,the City .of Rochester, Minnesota, as evidence of the acceptance of
!' said offer'by the City of Rochester, Minnesota.
Section 4. That the City Clerk is hereby authorized and directed to send
to the Federal- Emergency Administration of Public Works certified copies of
the proceedings of this meeting and the action taken in connection with the
h adoption of this resolution, and such further documents or proofs in connection
with the acceptance of said offer as may be requested by the Federal Emergency
Administration of Public Works. N
Upon motion by Green second by. Richman,that the said resolution be adopted r
as read, and all voting in favor thereof, President Lemmon declared the said
resolution duly passed and adopted.
i Certified lists from the several political parties of
persons selected to
serve as Judges of Election for the General Election to be
held November 8th,
1939, were presented, and Alderman Amundsen ,accordingly introduced
the following i.
resolution of persons certified for Election Judges, which
was read,as follows:
j, "Be it .resolved by the Common Council of the City of. Irochester, Minnesota:
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I! That the following named persons are hereby appointed
as Election Judges
for the several `election districts within the said. City for
the General Election
which is to- be held Tuesday November Sth,1939:
11 Ward & Dist. Republican. Democrat.
Farmer Labor
!; FIRST WARIh `
1st Dist. S.H.Arthur West Henry Mourning
Mrs.Cyril Winslow
2nd Dist. Mrs. John Waldron, J.D.Crowe
Mrs.J.oe McCoy
rd Dist. Mrs. Frank Case Eck Sonnenberg
Mrs.Mike` Maloney
th Dist. John Hoffman Augusta McGovern Joe Mackey
5th Dist. Julius Hanson Albert Asplin
Geo.Schmelzor
SECOND WARD:
1st
Dist.
J.L.Mrachek,
Walter Heins
Albert Minkel i
2nd
Dist
A.D.Ehrhard
Mrs.Leo Gossman..
A.P.Parker
3rd
Dist.
Prank Cowan
Norman Schmidt.
Mrs.A.A.Redig
4th
Dist.`
J.E.Domke
P.F.Donovan
Mrs.Jos.Kennedy
5th
Dist.
A.F.Borchert
Mrs.Carl Nichols
C.B.Hokanson
THIRD WARD:
1st
Dist.
Minnie A.Pearson
William Keefe
Mrs.Dan Christensen!'
2nd
Dist.
GeoiWoods
Paul. McDermott
Lucille Murray
3rd
Dist.
Mrs. Wm.Thul
Mrs. Emma Hare
Mrs. A.Bo'urassa
th
Dist.
John Knusel
Linda Randall
Jane Beatty
5th
Dist.
Ed Jacobs
''Mrs. Emir Braman
Sylvia Do,rriack
6th
Dist.
John Stephan
Joseph Donahue
Mrs.Glenn Cb.apmanP
Upon motion by Moody second by Williams,that the said resglut'ion be adopted
as read, and all voting in favor thereof,` President Lemmon declared the said
resolution duly passed and adopted. `
Record. of Official Proceedings of the Common Council
of the .City of. Rochester., Minn.,
October 17,1938.
43
Alderman Amundsen introduced the following resolution,which was read:
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"WHEREAS, The State of Minnesota, has offered the sum of $250.00 for a
tract of land Belonging to the City Rog Farm, and lying north of Trunk Highway
No.52, said tract of land containing approximately 21 acres and being described
as follows, to»wit : That part of the East 45 acres of the North j of the South—
west j of Section No.7, Township 106 Range 13 West, which lies northeasterlyof,
the present right o� way of Trunk Highway No..52 as the same passes over and
across the above described tract, and
WHEREAS, The Board of Health. and Welfare of the 'City of Rochester has made
a written report that said tract of land is not essential for the functions of
the said City Hog Farm;
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NOW THEREFORE, Be it and it is hereby resolved by the Common Council ,of the
City of Rochester, Minnesota:
That the said above described tract of land be sold to the State of Minne—
sota *for highway purposes for the amount 'of said offer.
Be it further resolved: That the Mayor and the City Clerk of said City
are hereby authorized and directed to execute a deed in behalf of the City of
Rochester to the State. of Minnesota for the said above described property and
that the said deed be deliveree to the State of Minnesota upon the payment into
the City Treasury of the sum of $250..00.'"
Upon motion by Fryer second by Amundsen,that the said resolution be adopted
as read, and all voting in favor thereof, President Lemmon declared the. said
resolution duly passed and adapted.
Alderman Williams introduced a resolution appropriating $208.21-f rom Code
33 of the Sinking Fund and ordering payment to Code 34 of the Sinking Fund, for
transfer of cash balance in said Code 33, which was read.
Upon motion by Moody second by Richman that the said resoluti-on be adopted
as read, and. all voting in favor thereof, President Lemmon declared the said.
resolution duly passed —and adopted.
Alderman Williams introduced a resolution appropriating $583'.96 from the
Sewer.Fund and ordering payment made to the City of Rochester, Light and Water
Departments for electricity, power and water furnished at the sewage disposal
plant and sewage lift station, which was read.
Upon motion by Fryer second by Amundsen,tha.t the said resolution be adopted
as read, and all voting in favor thereof, President Lemmon declared the said
resolution duly passed and adopted.
Alderman Richman introduced a resolution appropriating $696.96 from the
Permanent Improvement Revolving Fund and ordering payment made'to H.T.Earle
for labor and materials for widening Third Avenue Northwest, from Center Street
to Second Street Northwest, under contract, which was read.
Upon motion by Amundsen second by Williams,that the said resolution be
adopted as read, and all voting in favor thereof, President Lemmon declared
the said resolution duly passed and adopted.
r.
44 Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., October 17.19 3 s.
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Alderman -Richman introduced a resolution appropriating .$1355.30 from the
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!,Park Improveipent Fund and ordering payment made to the Mayo Trust Fund, fox`
payrolls for labor during the,half month ending October 15tH,1938, which was
read. t
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Upon motion by Moody.second by Richman that the said resolution be adopted
as read, and all voting in favor thereof, President Lemmon declared. the said
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;resolution duly passed and adopted.
Upon motion by Green second by Richman, the Common Council adjourned to
7:30 o'clock P.M., on October 24th,1938.
' City Clerk,
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