HomeMy WebLinkAbout06-05-1939276
Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., June 5th,1939•
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Minutes of a regular meeting of the Common Council of the City of Rochester,'
Minnesota, held in the Council Chambers, in the City Hall, in said City on
June 5th,1939 -
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President Lemmon:calle& the meeting to order at 2:00 o'clock P.M., the
following members being present: Lemmon, Amundsen, Fryer, Green, Moody, Richman, `p
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Williams. Absent: None.
President Lemmon announced this as being the time and place set for a
hearing on the construction of a sanitary sewer and water main in Eighth Avenue
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Northwest from Ninth to Tenth Street Northwest, and on Tenth Street Northwest r
from Ninth Avenue to Seventh Avenue Northwest, and asked.if any one -present
wished to be heard.concerning the said improvement. No one present wished to
be heard concerning the said sanitary sewer and water main.
President Lemmon stated this as being the time and place set for a hearing
on the paving of the alley in Block 6, Kutzky's Addition, and asked if any one
,present wished to be heard concerning the said paving of the alley. Lloyd
Fryer appeared before the Council and asked that his name be stricken from the
petition asking for this improvement because he was not the owner of any property'
abutting, on this improvement. Mrs. Knowlton,. together with several other
property owners, appeared before the Council to oppose the paving of said alley
until such time as they have more information as to the type of paving and the
extent of said improvement.
/ The following petition was read, and upon motion by Moody second by Fryer
further act:i.on bn thi s:. paving was defe'rr'ed' until June', 12th,1:939,and all. petitions
pertaining to the paving of said alley were referred to the Street I Alley Committee
"To the Honorable Common Council of the City of Rochester, Minnesota: (and City
We, the undersigned, owners of real estate in Block No.6 of (Engineer:
A:W.Kutzky's Addition to the City of Rochester and abutting upon the
alley running east and west through said Block No.6, do hereby petition
you clot to pave said alley at the cost and expense of said abutting
owners -if
A communication from the Mayo Properties Association setting forth terms
under which the City of Rochester may use the old Library building for a civic
center, was read, and upon motion by Green second by Richman, the proposal of
,,the Mayo Properties Association as set forth in said communication was accepted.
The request of the Firemen's Relief Association for the Council's approval
lof a loan Harry Wentz $3,400.00 to purchase the home of Frank Adair located at
1020 Eighth Avenue Southeast, was read and President Lemmon referred the same to
the Finance Committee.
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The report of the City Weighmaster for the month of May,1939, showing
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!141 private loads weighed and total receipts $4.10, was read, and President
Lemmon referred the same to the Finance Committee.
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The report of the Clerk of the Municipal Court for the week ending May 29th,
19.39, showing criminal fines and costs collected $210.90, civil fees received
49. 5 3 50, was read and having been previously
6 conciliation court fees received $
'approved by the City Attorney,President Lemmon ordered the same placed on file.
Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., . June 5 t h ,1939
2_17
The report 'of the Building,Electrical and plumbing Inspector for the month
xbf May,1939, showing building permits issued $272.00, Electrical permits $39.25,
Plumbing permits $99.50, was read and President'Lemmon referred the same to the
Finance Committee.
The report of the City Engineer for the month of May,1939, showing
expenditures for labor from the General Fund $797.4.4, Street and Alley Fund
$2,069.95, Sewer Fund $137.26, was read and President Lemmon ordered that the
same be placed on file.
A communication from M.B..Fuller asking that he be appointed Constable of
of the Third Ward was read and upon motion by Green second by Amundsen, M.B.Fulle:
was appointed constable of the Third Ward until the first Monday in April,1940.
The applications of R..A.-Phipps and M.Maloney for transfesr of non-Sntoxicatin{
malt liquor licenses No.306 and 499, to M.P.Maloney, were read, and upon motion
by Fryer second by Richman transfer was granted.
The applications of R.A.Phipps and M.P1Maloney, for transfer of Pin Ball
Machine operators license No..53 and for a new pin ball machine operators license
at 115 Broadway Street North, were read, -and upon motion by Green second by
Richman, 'the transfer was granted and the new license was granted.
The application of M.P.Maloney for a soft drink dealers license at No.
115 Broadway Street No rt h was read, and upon motion by Moody second by Fryer
license was granted.
The application of Delores Pesch for an off sale license to sell non —
intoxicating malt liquor at 104 Fourth Avenue Northwest was read, and upon
motion by Richman second by Amundsen license was granted.
operators
The application of Ben McFarlin for a pin ball machine mxxaxx license
was read, and upon motion by Amundsen second by Greer_ license was granted.
The application of G.H.Glinke for a pin ball machine operators license
at 12 Second Street Southeast, was read, and upon motion by Amundsen second
by Green license was granted.
The applications of Wm. Roriarity and H. Lynard for transfer of pin ball
machine owners license No.109 to H.L,ynard, were read, and upon motion by
Amundsen second by Richman, transfer was granted.
The applications of Wm. Moriarity and M.L.Priebe, for transfer of Pin Ball
machine owners license No.109 to M.L.-Priebe, were read, and upon motion by
Fryer second by Green transfer was granted.
The application of Maurice Alexander for a permit to place and maintain a
sign at 320 First Avenue Southwest, was read, and upon motion by Amundsen second
by Williams, permit was granted.
Record of Official Proceedings of the Common Council
of the City of -Rochester, .Minn., -June 5, 1939
I
The application of Wm. Hagedorn for a plumbers license, together with
his surety bond in the sum of $1,000.00 with the New Amsterdam Casualty Company
as surety thereon, were each read, and upon motion by Green second by Moody,
the license was granted, the bond -approved, the surety thereon accepted and it
was ordered that the same be -placed on file.
A petition asking that Fourth Avenue Northwest between Seventh Street
;Northwest and Tenth Street Northwest be sprinled during the 1939 season,was read,;
and President Lemmon referred the same to the Sprinkling Committee.
A petition asking that a sanitary sewer be donstructed.in 112 Street
Southeast from First Avenue Southeast to Lot 21, Block S, and Lot S, Block 11,
f. Sunnyside Addition, was read, and President Lemmon ordered that the same be
placed on file.
A petition asking for the annexation to the City of Rochester of Lots 1, 2,
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!3, 42 and 5, in Block 1, Parkin's Sub -Division, was read, said petition being
signed by three ---property owners, and dated June 3, 1939, was read, and President
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Lemmon ordered that the same be placed on file.
Alderman Amundsen introduced an ordinance annexing to the City of Rochester,,
Lots 1, 2, 3, 4, and 5, in Block 1, in Parkin's Sub -Division, trhichcwdstgiven
its first reading. -
Upon motion by Moody second by Amundsen, and all voting in favor thereof,
,the rules were suspended and the said ordinance given its second reading.
Upon motion by Green second by Richman, and all voting in favor thereof,
,the rules were suspended and the said ordinance was given its third and final
reading. -
Upon motion by Amundsen second by Fryer, that the said ordinance be adopted
,as read, and all voting in favor thereof, President Lemmon declared the said
'ordinance duly passed and adopted.
An ordinance providing for the appointment of a dog catcher, prescribing his
powers and duties, and prohibiting dogs running at large except during the period
!from November lst, each year, to March 1st, each year following, in the City of
Rochester, Minnesota, excepting upon the property occupied by the owner or person
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;in control of said dog, and providing for control of dangerous and vicious
;,dogs and repealing ordinance No•159, which was introduced and given its first
reading May 29th,1939, was given its second reading.
A number of people appeared before the Common Council in regard to the
above ordinance. One woman spoke in favor of the passage of said ordinance, and
Mr. Clemens, representing the Kennel Club, and Newton Halland spoke in opposition
to the passage of said ordinance.
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Record' of Official Proceedings of the Common Council
of the City- of Rochester, Minn., June 5, 1939•
279
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A motion by Moody second.by Fryer to suspend the rules and give the said
ordinance its third and final reading, lost by the following vote: Ayes: Fryer
Moody, Williams, Richman. Nos: Amundsen, Green.,
Alderman Williams introduced a resolution appropriating $299.33 from the
Lighting Fund and ordering payment made to the City -of Rochester, Light Depart-
ment for electricity furnished,for lighting public buildings -as per billings
dated May 25th,1939, which was read.
Upon motion by Green second,by Fryer, 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 Richman introduced a resolution appropriating $2,419.50,.from the
Lighting Fund and ordering payment made to the City of Rochester, Light Depart-
ment for electricity furnished for lighting Public streets and grounds as per
billing of May 25th,1939, which was read. �
- Upon motion by Williams 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.
Alserman Green introduced a' resolut ion appropriating $2, 646.22 from the
Park Improvement Fund and ordering payment made to the Mayo Trust Fund, for
payrolls for labor during the half month ending May 31st, 1939, which was read.
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 adopted.
Alderman Moody introduced a resolution appropriating $2,99.65 from the Gener
Fund and ordering payment made to the Rochester Post-Bulle#in for official
publications and printing during May,1939,which was read.
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Upon motion by Moody s econd 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 Green introduced a resolution authori zing .the Public Utility
Board, to enter into a contract with the McWane Cast Iron Pipe Company for
furnishing pipe and fittings for a .total lump sum of $3,091.41, which was read.
Upon motion by Richman 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. .
Alderman Moody introduced a resolution authorizing the Public Utility Board
to enter into contract with E.A.Danewick-for painting and cleaning lighting
standards for a total lump sum price .of $1117.90, ~which was read.
Upon motion by Fryer second by Green that.the said resolution be adopted as
read, and all voting in favor thereof, President Lemmon declared the said res&lu-
tion duly passed and adopted.
280
Record of Official Proceedings of the Common Council
of the City- of Rochester, Minn., Ange 5,19 39 .
Alderman Fryer introduced a resolution ordering that a sanitary server be
constructed in 112 Street Southeast from First Avenue Southeast to the east line
of Lot 21, Block S. Sunnyside Addition, and that a water. main be laid in the
said part of 11L Street Southeast, and ordering a hearing on the said improve-
j ment s to be held .in the Council Chambers, in the City Hall, in said City on
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June 12th,1939, at 7:30 o'clock P:M., which was read.
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Upon motion by Moody second 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.,
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The City Engineer submitted plans, specifications and estimate of cost for
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the construction of a sanitary sewer and water main in Twelfth Street Southeast
from Eighth Avenue to Ninth Avenue Southeast and in Ninth Avenue Southeast
from Twelfth Street Southeast to Thirteenth Street Southeast, said estimate of
cost being $1999.379
Alderman Fryer introduced a resolution adopting the said plans, specifica-
tions and estimate of cost for a, sanitary sewer and water m&in in. Twelfth Street
and Ninth Avenue Southeast as above described, ordering that the said improvements
be made and done.and.that the cost thereof be pacld by special assessments lervied
as provided by law, ordering a hearing on the said improvements to be held at
7:30 o'clock P.I.4., on JuiZe 19th,1929, and ordering advertisement for bolds to
be received and opened at 7:30 o'clock P.M., on June 19th,1939, which was read.
Upon motion by Richman 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.
The City Engineer submitted plans, specifications and estimate of cost for '
the construction of curb -and gutter on Eleventh Street Southwest from Si4th
Avenue Southwest to Seventh Avenue Southwest and on Tenth Street Southwest from
Seventh Avenue Southwest to Eleventh Street Southwest, said estimate of cost
{,being $1134.00.
Alderman Amundsen introduced a resolution adopting the plans, specifications,
and estimate of cost for the- construction of curb and gutter in Eleventh Street
and. Tenth Street Southwest, as above described, ordering that the said improve-
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!ments be made and done and the sos-ts thereof paid by special assessments levied
as provided.by law, ordering a hearing on the said improvements to be held at
7:30 o'clock P.M.on June 19th,1939, and ordering advertisement for bids to be
;received and opened at 7:30 o'clock P.M., on June 19th,1939, which was read.
Upon motion by Green second by Moody that the said resolution be adopted
as read, and all .voting in favor ,thereof ; President Lemmon declared -the said i
resolution duly passed and adopted. i ;
Record of Official Proceedings- of the_ Comm' on- Council.
of the. City'.of, Rochester, Minn'. -June,. 5,'1939
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Alderman Amundsen ifihroduced a resolution ordering pl&ns, etc.,. for sewer
and water main in Eighth Avenue and Tenth Street Northwest, commencing at the
corner of Ninth Street No�#,thwest and Eighth Avenue Northwest, running thence nort,,
on Eighth Avenue Northwest to the corner of Tenth Street Northwest, thence west
on Tenth Street Northwest to the corner of Ninth Avenue Northwest, and Tenth
.Street Northwest, and also east on Tenth Street Northwest to Seventh Avenue
Upon motion by Moody second by Williams,that the said resolution
Northwest, which was read./adopted as read, and all voting in favor thereof, President Lemm
declared the said resolution duly passed and adopted.
The City Engineer submitted plans, etc., for a sanitary sewer and water
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main in parts of Eighth Avenue and Tenth Street Northwest as above described.
Alderman Amundsen introduced a resolution adopting the plans, specifications
and estimate of cost for the construction of a sanitary sewer and water main in
parts of Eighth Avenue Northwest, and Tenth Street Northwest, ordering that the
said improvements be_ made and done and that the cost and expense thereof be paid
by special assessments levied as provided by law, and ordering a hearing on the
said improvements for 7:30 o'clock P.M., on June 19th, 1939, and ordering adver-
tisement for bids to be received and opened at 7:30 o'clock P.M.,. on June 19th,
1939, which was read.
Upon motion by Richman second by Williams, that the said resolution be adopt(
as read, and all voting in favor thereo.f.,. President Lemmon declared the said reso:
duly passed and adopted.
The following petition was read, and Uponi mot.ionehYoWi-Iliamsesecond by
Richman it was ordered that the same be Ilaid on the table for future reference:
"Rochester, Minnesota
June 5, 1939
Honorable Mayor, and
Common Council of the City of Rochester
Rochester, Minnesota
Gentlemen:
We the undersigned owners of property adjacent to that strip of land east
of Fifteenth Avenue Southwest, known as Fourth Street Southwest, do hereby
petition your Honorable body tb vacate said strip of land,_ the same to be
converted into taxable property, f or reasons that said strip of. land is
apart and separated from the rest of Fourth Street Southwest by the proper-
ties of St.Mary' s Hospital, and the Academy of Our Lady of Lourdes. Also
private property owners have intervening property with houses thereon.
And by reason that said strip of land is only one hundred and thirty-two
(132) feet in length from Fifteenth Avenue Southwest and extends only to
the alley and does not run the length of a block, as shown on the plat
hereto attached.
That said property is not being used as a street and is seemingly impractical
for such a purpose, said adjoining properties in every direction being used
solely for residential pumpesbs. Wherefore, the above mention_ ed- strip of
land it. used for any other purposes would constitute a menace and a nuisance.
We,therefore,, ask that you consider our petition and that the same be granted,
Respe--ctf'ully submitted,
Blanche Barrett,
Donald T.Barrett
Hilda Jensen. 11
d
tion
282
Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., June 5 ,19 39
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A resolution introduced by Alderman Richman at a meeting held May 29th,
1939, adopting' the plans, specifications and estimate of cost for the grading,
bituminous treatment and extension to Fifteenth Avenue Southwest, of the Alley
South of Second Street Southwest between Fourteenth Avenue Southwest and
Fifteenth Avenue South-west, on which action was deferred until this meeting,
was reconsidered at this time. Mr. Don Barrett, Archie Armstrong,, and Frank
Benson, were again heard in regard these improvements.
Upo* motion by Williams seco_id by Richman. that the said resolution be, adopted
as read, and all voting in favor thereof except Aldermen Fryer and Moody,
who 'Voted "No", President Lemmon declared the said resolution duly passed and adopted.
Sam DeFosse appeared.before the Council asking permission to operate his
lunch room twenty four hours a day,which would necessitate transferring his
3.2 beer licenses to'the adjacent buflding, and after considering said request,
i Sam DeFosse was informally granted permission to operate his lunch room twenty -
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four hours a day, and: instructed` to make- application for transfer of his 3.2
beer licenses to 306 T*relfth Street Southeast. _
Thomas Fraser appeared before the Council regarding the number of people
living at 520 First Avenue Northwest, and stated that the house is built in
three apartments. The matter was left in the hands of the Building Inspector
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for further investigation.
A communication from the Sanitary Inspector recommending that the dumping
at Fifth Street Northeast be discontinued and this property be closed to further
dumping, that all parties interested in property adjoining this dump must cover
all objectionable and unsightly material including that which may be in Fifth
Street Northeast, and recommending that said Fifth Street Northeast be fenced
in such a way that no one could enter, said fence to be on city property of
the street, was read, and upon motion by Green second by Richman the said
recommendations were approved and it was ordered that the communication be placedi
oh file., `
Upon motion by Fryer second by Amundsen the matter of the construction of
a fence in'Fifth Street Northeast was referred to the Street and Alley Committee
and the City Engineer.
President Lemmon designated the Street and Alley Committee and Alderman
Moody as a Committee to confer with Mrs. Judd and other property owners on
Sixth Street Southwest regarding the construction of sidewalks, grading, and
dust prevention.
President Lemmon appointed Aldermen Amundsen, Moody and Green as a special
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committee to -work with the City Attorney in preparing a trailor ordinance.
The following petition was read and upon motion by Fryer second by Williams
the City Attorney was' instructed to prepare the proper resolution proceeding
to vacate the alleys described therein:
Record of Official Proceedings - of the Common Council
.Of- the --- City....ofRochester,. Minn'.,, .-Jung 51939.
2U3
, I "PETITION FOR VAC4TION OF ALLEYAWAyS ,
TO THE HONORABLE MAYOR AND.COMMON COUNCIL OF TVE CITY OF ROCHESTER:
Gentlemen:
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WHEREAS, The platted alley -ways running north and south between
,Lots N9.eight (8) and eleven (11) and Lot No..seven (7) a4d between
Lots No. six (6) and twelve (12) and Lot No.seven (7), all in Block
No. eleven (11) of the Northgrn,Addition to the town,.now city'.of
Rochester, Olmsted County, 114innesta, are not now being used by the
public or by -any persons whatsoever as alley -ways and have not been used
as such for at least the last forty three years; and
WHEREAS, Said alley -ways are at present partially obstructed by
buildings placed thereon and so cannot be used as alley -ways; . and
WHEREAS, The public does not demand or require the use of said
platted alley -ways;
NOW THEREFORE, We the undersigned residents and property owners
in said Block D?o.,eleven .(11) respectfully request that your Honorable
Body vacate the above described platted alley -ways.
Hated June 2, 1939.
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,A petition asking that a sanitary sewer and water main be,constructed on
Sixteenth Avenue $outhwest commencing at Second Street and running south to
Fifth Street Southwest,, was read and kIresident Lemmon ordered that the same be
placed qn file.
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:Alderman Amundsen introduced a resolution ordering that a sanitary sewer
and water main be constructed in Sixteenth Avenue Southwest from Second Street.
Southwest tQ Fifth Street Southwest, and 'in :Second Street Southwest from the
west line of Riege's Addition ,to ,Sixteenth Avenue Southwest South of Second
Street Southwest, and ordering a hearing,oA the said improvement to be held.,
at 7:30 o'clock P.M.,, qn June 12th,1939, which was read.
Upon motion by Moody second by Fryer that the said resolution be adopted,
as read, and all voting in favor thereof, President Lemmon declared the said
resolution duly passed and adopted..
The following claims were read, and upon motion by Fryer second by
Amundsen, and all voting in favor thereof, the same were allowed and the .Mayor
And Gity Clerk were authorized and directed tQ draw warrants upon the City.
Treasurer and make paymentp accordingly:
From the General Fund: Whiting Press $10.00, Rochester Post-Bulletin$15.10,
Adolph J..Gruszynski $25.00, Walter B.Nelson $25.00, Adams Book Store $3.55,
Rochester Plumbing & Heating Co. $3.70, City of Rochester,Water Department $79.48,
.C.G.R.R,Co.$4.4o, Western Union $.90, Holm & Qls•on ,$35..00, Geo.-Wood .$43.-00,
Hayes -Lucas Lumber Company $97.00, Health Office intact office Fund $15.92,
Adams Book Store $3.00, Home Laundry $3.28, John' C.Byrne $30.00, Rochester Post -
Bulletin $9.00, Tri-State Telephone Company $31.15, Adams Book Store $.60,
Mayo Clinic $41.66., American Linen Company $9.10, Pruetts Laundry $3.17, Peterson
Electric Company $27.36, H.& H.Electric Co. $27.30, General Radio Company$50.29,
284 Record of Official Proceedings of the Common Council
of the_ City. of .Rochester, Minn., June 5,1939.
Mark E.Blanchard $39.60, H.N.Tompkins $4-50, Tri-State Telephone Company $26.459
Goodman Service Station $29.26, Carl G.Schwarz $14- 30, Hanson Hardware Co.
$25.25, Postier & Eggers $4-75, Lloyd Fryer $2.71, Pruett's Laundry $1.51,
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Thomas O.Ruddy $9:93, Motor Sales & Service $.50, Universal Motors Ine. $9.90,
Yelllw Cab Company $.95,-Parkhill Brothers $1.70, western Union $.99, Barbes
Cafe $94-75, Adams Book Store $1.95, Lew -Bonn Company $8.63, Tri-State Telephone
Company $51.95,
From the P.W.A.Docket 1515-F Fund; Tri-State Telephone Company $3.40,
From the Street and Alley Fund: Tri-State Telephone Company $.50, A -IN Company
Inc.of Minn. $16.6s, Jensen Hardware $.38, Jack McHugh $2.75, Parkhill Brothers
$*45, Maass & McAndrew Company $3.17, Shell Oil Company $66.50, Hanson Hardware
Company $4.75, City of Rochester,Light Dept. $2.25,
From the Sewer Fund: Dodge Lumber & Fuel Company $5.20, Lloyd Fryer $36.Og,
Jensen Hardware $6.74, Foster-Mrachek Electric Co.$9.00, Pruett's Laundry $3.00,
Bottsford Lumber Company $11.70, Tri-State Telephone Company $5.75;
From the B.E.Williams Estate Fund: L.F..Milostan $3.05, Fratzke Brothers
$17.67, Dodge Lumber & Fuel Company $i7.00, Hanson Hardware Company $9.91,
;Adams Book Store $3.60, Stephan Flynn $25.00, City of Rochester,Light Dept.
$ 6.20,
From•the Fire Protection Company: The Gamewell Company $23.49, H. & H.
Electric Company $13.659 E.A.Knowlton Company $1.54, Dodge Lumber & Fuel Company
'$7.65, Rochester Plumbing & Heating Co.$.20, Foster Mrachek Electric Co. $.68,
;Hanson Hardware Company $2.70, Jenson Hardware Company $21.16, Fratzke trothers
$11.32, Home Laundry $43.52.
The Building Inspector called the attention of the Common Council to,action
which should be taken on the application of C*W. Shephard for a building permit
to construct a garage on his property at 412 Fourth Stiieet Southwest, and the
City Clerk stated that the Zoning Board .had taken action recommending to -the
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!Council that the application of C.N.Shepard be granted, at which a motion by
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Fryer Second by Williams carried that the request of C.W.Shepard for permission
t,o build a private garage at 412 Fourth Street Southwest be granted and the
Building Inspector was instructed -to issue a -building permit to C.IN.Shephard.
Upon motion by Richman second by Fryer the Common Council adjourned until
7 :30 o',clock P.M. on June 12th, 1939.
City Clerk.
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