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HomeMy WebLinkAbout09-18-1939Record of Official Proceedings of the Common Council 367. of the City. of Rochester, Minn., S e p t e mb e.r 19, 19 3-9 . Minutes of an adjourned regular.meeting of the Common Council of the City of Rochester, Minne.sota, held in the Council Chambers, in the City Hall, in said City, on September 18th,1939. President Lemmon called the meeting to order at 7:30 o'clock P.M., the following members being present: Lemmon, Amundsen, Fryer, Green, Moody, Mrachek Williams. Absent: None. Upon motion by Moody second by Green the minutes of the meeting of Septem- ber 5th, 1939, were approved. President Lemmon announced this as the time and place set for a hearing on the construction of -curb- and gutter on Twelfth Avenue Southeast from Center Street East to Second Street Southeast, and asked if any one present wished to be heard concerning the said improvement. No one present wished to be heard. Presid"ent Lemmon announced this as being the time and place set for a hearing on the construction of a sanitary sewer in Fourth Street Southeast from the west line of Lot 14,Auditor's Plat A, to the East line of Lot 29, Sanderson's Second Addition, and asked if any one present wished to be heard concerning the said improvement. One person spoke in favor of the said sanitary sewer. President Lemmon .announced this as being the time and place set for receiving and opening bids for the resurfacing of Second Street Northwest, from First Avenue Northwest to Eleventh Avenue Northwest ; "First Street Northwest from First Avenue Northwest to Fourth Avenue Northwest; First Avenue Southwest from Second Street Southwest to Fifth Street Southwest; Third Street Southwest from Broadway Street to Sixth Avenue Southwest, and Fourth Street Southwest from Broadway to First Avenue Southwest. The following proposals were received and opened at this time: Ashworth -Hawkinson Co. $12..00 per ton for top dressing, $6.50 per ton for leveling course. Roxanda Mines, Inc. $11.00 per ton for ,Top dressing, and $6.50 per ton for leveling course. President Lemmon )keferred the said bids to the City Engineer- and Street and Alley Committee for tabula- tion and recommendation. A petition asking that a water main be constructed in Sixth Avenue Northwest 250 feet north of Eighth Street Northwest. was read and upon motion by Moody second by Amundsen, the City Engineer was instructed -to prepare plans and specific•ationzs for said water main. Mr. O.H.Romadka, representing the Chicago Northwestern Railway Company, requested permission to block the railroad crossings at Second Avenue Northwest and First Avenue Northwest between the hours of 11:30 A.M. and 2:00 o'clock P.M. on September 20th,1-939,for exhibition of the hew streamlined 400 train,. and upon motion by Amundsen second by Mrachek, permission was granted. 368 Record of Official Proceedings of the Common Council of the City . of Rochester, Minn., September t g. 19 3 9. A petition signed by Obert Mestad, F.J.Rommel, Mrs. Nellie Case, Geo. Steck, and Lizzie Kieren, asking that the South half of Block 1, in East !'Rochester Addition be made a Commercial Zone instead of multiple dwelling, was '1read and upon motion by Green second by Mrachek said petition was referred to the Zoning Board. A communication from the Aetna Casualty & Surety Company, regarding the house movers license bond of.C•C.Pagenhart, was read and President Lemmon ;ordered that the same be placed on file. A petition asking that Fourth Avenue Southeast from Fourth Street Southeast 'I to Sixth Street Southeast be graded to an established grade, was read and upon motion by Williams second by Amundsen the said petition was referred to the ,City Engineer and the Sewer Committee. A•petition asking that a storm sewer be constructed in Eleventh Street Southeast from Sixth Avenue to Seventh Avenue Southeast, was read and President Lemmon referred the said petition to the Sewer Committee. A report from the Public Grounds Committee stating -that said committee had accepted a bid from Percy Lkein in the'sum of $390.00 for painting the at 506 Fifth Street Southwest, Williams apartment building and cottage at 119 Fourth Street Southwest, was read and upon motion by Williams second by Green, said report was accepted. A report from the Fire Committee stating that the said Committee had accepted the bid of Woodhouse Brothers in the sum of $112.00 for making necessary repairs to the roof on the central fire station,was read, and upon motion by Green second by Amundsen said report was accepted. A report from the Street & Alley Committee, City Attorney, and City ,Engineer, on the disability of Arthur Dornack, stating that the said Committee have agreed to recommend to the Council that Dornack be paid the sum of $1071.00 �, plus his doctor and hospital bill, was read, and upon motion by Williams second ,by Mrachek said report was accepted. Copies of resolutions passed and adopted by the Public Utility Board, •rgquesting authority to enter into contracts with the Anaconda Wire and Cable ;Company, the McWane Cast Iron Pipe Company, and the Kruse Lumber Company, were leach read, and President Lemmon ordered that the same be p367&ced on file. The following communication was read: It September 19,1939. To the Honorable Mayor and Common Council of the City of Rochester, Minnesota Gentlemen: It appears in connection with the Frank E.Williams estate that, a. final decree was issued therein on February 13th.,1934 in which the City of Rochester was given some personal property and also an interest in three pieces of real estate and that thereafter the City of Rochester accepted the said gift. Record of Official Proceedings of -the - Common Council of the City of Rochester, Minn., September; 15,1939 As part of the gift the donor specified that the said -property was to be for the use of the Park Board of said city or other appropriate department for the acquiring .of, or for the support of, or for the maintenance of a playground or playgrounds for children under the age of fifteen years. The Park Board in connection with its program is now arranging to carry out fully the terms of said gift and does hereby request~that.the real estate and the personal property,above mentioned be turned over for use of the Park Board in accordance with the terms of the gift. Very respectfully yours, PARK BOARD OF THE CITY OF RO CHE STER By Arthur E.Reiter, President. 1t Alderman Williams introduced a resolution turning over to the Board of Park Commissioners, the real estate and personal property mentioned in a final in connection.with the Frank E.Williams Estate, decree on February 13th,1934i to be by'the said Board,managed and controlled and used for the purpose of the' acquiring of, or the support of, or the maintenance of a playground, or playgrounds, for children under the age of fifteen years, which was read. Upon motion by.Williams second by Moody 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 motion by Moody second by Amundsen the City Clerk was instructed to request the State Comptroller to audit the books and.affairs of the F.E.Williams Estate, the date of said audit do be the date of the transfer of said properties to the Park Board. The report and recommendation of the Street and Alley Committee and the City Engineer that a sidewalk be constructed on the south side of Ninth Street Southeast from Third Avenue to Fifth Avenue Southeast, was read, and upon motion by Mrachek second by Williams said recommendation was accepted and the City Engineer instructed to see that said sidewalk is built. A communication from the Building Inspector recommending certain repairs at the F.E.Williams Estate business building after an inspection of said building at the request of the Public Grounds Com�,ittee, was read and President Lemmon referred the said,recommenclation to the Board of Park Commissioners. The.report of the Finance Committee on the reports of the City Weighmaster,ar the Building,,Electrical and Plumbing Inspector for the month of August,1939, was read and upon motion by Williams second by Green said report was accepted. A recommendation by the Finance Committee that the balances in the PWA Construction accounts be transferred to the General Fund, Code ig, from which funds were transferred to set up said PWA Construction, Accounts, was read, and President Lemmon ordered that the same be placed on file. 37® Record of Official Proceedings of the -Common Council of. the City of Rochester, .Minn., September 19 ,19 39 i The following recommendation by the Finance Committee was read and upon. motion by Green second by Amundsen said report was accepted: "Rochester, Minnesota, _ September 19,1939. Hon.Mayor and Common Council, City of Rochester, Minnesota. j Gentlemen: ' We, the undersigned Finance Committee, recommend that the following transfers be made within tnd between the various funds of the City of Rochester, as follows: 1. Transfer $3,299.90 from Code 19 of the General Fund to Code 9 of the General Fund, to replace money spent on traffic signals. _ Should. this money be paid at a later date, same to be put in Code 19. 2. Transfer $1,000.00 from Code 12-.of the General Fund to Code 18 of. the General Fund. - 3. Transfer $119.21 from Code_ 26 of the General Fund to Code 19-of the General Fund. 4. Transfer $2o4.41 from Code 2 of the Bridge Fund, and $25t00 from Code 3 of the Bridge Fund,. to Code 1 of the Bridge. Fund. 5. Transfer 45 from Code 11 $40.19 from Code 19,. $628.43- from Code 21, $147.09 from Code 22, and $1030.39 from Code 23, each of the Sewer Fund, t o_ Code 4 of the , Sewer_ Fund. _ < 6. Transfer $9,000.00 From Code l.9 of the .General Fund to --the Street' and Alley Fund. Respectfully submitted, THE FINANCE COMMITTEE. By S. Smith Fryer, Chairman. Harold J.Mrachek, _ D.L.Williams-° The following recommendation from the Zoning Board was read, but action ji thereon was deferred until October 2nd, 1939, in order that the Council; Mayor, !City Attorney and City Engineer can make an investigation: "September 19,1939- j Honora ble Mayor and Common Council City of Rochester, Minnesota. _ Gentlemen: _ The report of the Citywide Committee on Zoning was taken up at a meeting of the Zoning Board on July 13th,1939, at which time a j motion was made by Wagoner seconded by Whiting and carried, to recommend to the Council that the strip of land on the north side of Twelfth Street Southeast which had been recommended by the Committee as a Commercial j; Zone, be eliminated from their report, and be not made a Commercial Zone,:the balance of the Committee recommendation was postponed at that time until the Zoning Board could make further investigation. At a meeting of the Board of Zoning held on September llth,' a motion was duly made and carried to recommend to the Common Council that the report of the City Wide Committee appointed by the President of the Council be approved with the exception of the strip of land lying on the north side of Twelfth Street Southeast which had been acted upon P at a prior date. Respectfully submitted, F.R.Finch, I' City Clerk. u I' The City g En ineer's trial balance for the month of Au ust 1939 g , was read 1:and i President Lemmon ordered that the same be placed on file. 71 Record of Official Proceedings of. the Common Council 3 of the City .of Rochester, Minn., September 1 g , 19 3 9 . i The reports of the Clerk of the Municipal Court for the week ending (September 4th,1939, showing criminal fines and costs collected $22.25, civil fees received $10.45, and conciliation court fees $3.25; and for the week ending ,eptember 11th,1939, showing criminal fines and costs collected $214.20, civil fees received 4- $ 75, and conciliation court fees received $11.75, were each read, and having -been previously approved by the City Attorney, President Lemmon ordered that the same be placed on file. ,The application of Glen C.Peterson for a plumbers license, together with a surety bond in the sum of $1,000.00 with the Fidelity & Casualty Company if New York as surety thereon, were each read, and upon motion by Green second y Williams, the license was granted, the bond approved, the surety thereon _ = e accepted,and it was ordered that the same be placed on file. The application of Louis Precht for -a license to sell soft.drinks was read and upon motion by Amundsen second by Green license was granted. Applications signed by George Wiltgen for On Sale and Off sale licenses to _ sell non -intoxicating malt liquors at 16 First Street Northwest, were each read P.nd upon motion by Fryer second by Amundsen, licenses were granted. The application of M.L.Priebe for a pin ball machine owners license, was read and upon motion by Amundsen second by Moody license was granted. The application of J.O.Dalsbo for two pin ball machine owners licenses avere each read, and upon motion by Fryer second by Amundsen, licenses were granted. The application of E.L.Van Atta for two pin ball machine operators licenses it 12-14 Fourth Street Southeast, were each read, and upon motion by Green second by Amundsen licenses were granted. The application of Leo Hennessey for one pin ball machine operators license it 4 north Broadway, was read and upon motion by Amundsen second by Moody License was granted. The application of Louis Precht for a pin ball machine operators license It 3 Fourth Street Southeast, was read, and upon motion by Mrachek second by 'ryer, license was granted. t An application signed by the Yellow Cab Company for transfer of taxicab License No.2 to a five passenger LaSalle sedan bearing State License No.B39445, ,as read, and upon motion by Green second by Williams transfer was granted. _ Applications signed by Cecil E.Brown and E.L.VanAtta, for transfer of t , ,,,Ton -intoxicating malt liquor licenses to E.L.VanAtta, were read and upon motion by Amundsen second by Fryer, transfer was granted. The following claims were read, and upon motion by Fryer second by Amundsen. t = bhe same were allowed and the Mayor and City Clerk were authorized and directed o draw warrants upon the City Treasurer and make payments accordingly: 372 Record of Official Proceedings of the. Common. Council of. the..Ciry_._of.Rochester, Minn.; September 19, 19 3 9 From the General Fund: Miller -Davis Company $6.53, Bernice I.Winslow $5.00, ,iL.G.Eckman $5.00, Theo.R.Gray $5.00, I.B,.Vellen $5.00, Catherine M.Erbes $5.00, S.H.Arthur West, $5.00, Martin Eppard $5.00, Martha Jorgenson $5.00,`Marie McCoy 45.00, Alice Marie Haggerty $5.00, Laura Waldron $5.00, Laura Wilder $4.50, 0 Marie Hendrickd $4. 0` Eck T. Sonnenberg Corwin Stopple $4.50, Frances Lund $4.5 , 5 , g !$4.50, Julius G.Hanson $5.00, Louis Enke $5.00, Geo.Schmulzer $5.00, Gordon Daly !i$5.00, Archie F.Wallace $5.00, John Oliphant $4.75, A.N.Anderson $4.75, Mae Lar- �son $4.75, Bernice Roepke $4.75, Walter C.Heins $4.75, Hotel Edwards $5.00, J.G.Koelsch $5.00, A.P.Parker $5.00, A.D•Erhardt $5.00, T.H.Page $5.00, Esther ,!Mulvihill $5.00, Virginia Flanders $4.50, Dorothy L.Schmidt $4.50, Guy V•Current l;$4.50,E.H.Rohrer $4.50, F.W.Cowan $4.50, August Harnack $5.00, E.E.Richert $5.00 Wm-Enke $5.00, M.E. Sehl $5.00, M.J.Pfeyer $5.00, A.'r.4.Walters $5.00, Robert E. 'Johnson $5.00, G.A.Berg $5.00, A.F.Borchert $5.00, Lloyd Fryer $5.00, Alma Sessing $5.00, W.W.Lawler $5.00, Myra A.Fox $4.50, M.Irene Christensen $4.50, ,James Clark $4.50, Emma Podolske $4.50, Minnie A.Pierson $4.50, R.L.Bond $5.00, :Lee Hargesheimer $5.00, Herbert L.Liesch $5.00, George L.Wood $5.0.0, C.B.Macken �,$5.00, Rochester Armory $5.00, Inez P.Mosse $4,*75, Emma Hare $4.75, Jessie J. "Waldron $9.75, Catherine L.Blink $4.75, Merle A.Schellin $4.75, Lorraine E. 'Coggins $5.00, Linda Randall $5.00, Jane B@,atty $5.00, James Cochran $5.00, John Knusel $5.00, Julius Dalsbo $5.00, Edward J.Jacobs $5.00, Carl Huntsinger $5.00, S.B.Cran Ball $5.00, Chas.M.Hurd $5.00, Max O.Honpe $5.00, Harold E.Paschke' ;$5.00, Mabel Ann Chapman $4.50, Wm.A.Johnson $4.50, Laura E.French $4.50, lErness May Whiting $4.50, Florence Mae Buss $4.50, Anna Goetting $5.00, Mary. 'Metzerott $5.00, Augusta McGovern $5.00, John F.Hoffman $5.00, Joseph Mackey .$5.00, Chicago N.W.Ry.Co. $5.00, P.F.Donovan $60.70, Phillip O'Toole $7.50, !'Drs. Powers & Gore $7.00, H.Dornack $43.95, Railway Express Agency $.37, O.W. !Schroeder $31.70, E.Halling Agency $104.39, C.O.Brown Agency $i59.33, Ruth R. .Bernard $95.94, Elmer Kruesel $1.50, Leo Cronin Co.$9.75, Leo N.Herrick $10.50, !I Mark E.Blanchard $72.00, Stewartville Star $13.50, Wm. Behnken $2.50, Graybar I. • :Electric Company $5.32, W.A.Hutchins $3.50, HollanV s Food Shop $.59, Orcutt i,Sign Shop $12.50, Barbes Cafe $41.75, Home Oil Company $2.47, Wm.Behnken $1.60, ,;Kruse Lumber Company $.39, Blements Chevrolet Co.$27.40, The Corner on the !;Avenue $25.00, Municipal Court Contingent Fund $30.00, J.W.Anderson $6.00, 1:Hack & Goetting $6.75, Dover Independent $13.75, Howe Scale Company $195.60, Orcutt Sign Shop $4.00, Maass & McAndrew Company $2.509 Western Union $1.59 , iAlbert F.Ranfranz $32.65, Rochester Cylinder Grinding Works $1.00, Fullerton Lumber Company $11.75, Tri-State Telephone Co.$7.20, Woodhouse Bros. $5.30, Community Oil Company $.60, Pruetts Laundry $5.19, Jensen Hardware $.90, Hanson ;Hardware Co.$3.50, Adams Book Store $14.00, Nelson Tire Serviee $.50, Quality `Print Shop $15.50, Dodge Lumber & Fuel Co.$2.25; Record., of Official Proceedings of the.._ Common Council 37 of ,the_ City:, of Rochester, Minri:; ' September l g, l43p_ From, the Street & Alley Fund: Parkhill Bros. $4i92, Bert- Asplin $50.401, Witte Transportation Co. $3.91, .,Street and Alley. Fund $24..78, Oscar Dornack $4g,72, Bemel Bros.$1-5.6,Wm,.Ziegl-er ,Co.$30.00, Bemel Eros.$1.00, Rochester, State Hospital, $3,0-45,, A.E.Swanson Co.$2.25, Firestone Auto Supply $30,- 56,, Rochester Auto Aarket $1.95, C.C.Pagenhart $17.76, H,.J.,Johnston $4-50, Rochester State Hospital $.3.45,..Fullerton Lumber Company $2.15,; Tri-State Telephone Co. $1.15,, Woodhouse Bros.$..509 Jensen• Haxdwaxe $.10, Sinclaix Refining Co.$26.21, Nelson Tire Service $51.01,, t , From the Fire Protection Fund: ,R..C,Dxips Grocer Co.$4.00,, ]Karns Radio Service $4.g0,, H.J..Johnston $3.85, Rochester Plumbing & Heating .Co. $i,.5ggMode1 . Laundry $3'7-g,4, Shell Oil Company $.59, Jensen Hardware Co, $1,.52,. Hanson. Hardware $090, Quality Print, Shop $1.50, Foster,Mrachek Electric 00.$.35, Dodge Lumber & Fuel Company $9-95, t t From the Permanent Improvement Revolving Fund:, Street and;Alley,Fund $43.70, Krus4 Company $19.00; From the Sewer Fund: Standard Oil Company $16.11, General Fund $1.12, Street and Alley -.Fund $41.23`, Owatonna .Implement Mfg.. Co. $160.00, Street -(and Alley Fund $52.25, Bernard S.Andrus, $7..35, _3-x.tyiofURochest er, Light Dept.$5.00, Fullerton Lumber Co.$4.00, . Commupity Oil,., Co. $2.-10,' Pruett Is Laundry $-3.00, Jensen Hardware Co.$1.80, Sinclair Refining Co. $19.45, Hanson.Hardware $11.50, Foster•Mrachek Electric Co.$9.00; From the Park Improvement Fund: Railway Express Agency,$.99, Webber & Judd Company $16.39 , James H.-Starkey $15..O9,, Rochester Grocer Co.$37--39, G. Schwartz & Co.$40.25,- St..evensons $6.00, Chas.Baldwsn $,6.00, H.E.:Swanson Co. $13..9-4, General Fund $96.77,, Toro Mfg. ' Co. $3..90„ Parkhill .Bros,..,$..35, Tri-State Telephone Co. $23.12, Morse Bros.$47.1.3, 15niversal Mot.o.rs_Inc,.$19..79, Hugh Kendall $S.;OO,, Nelson Tire Service $56..32, Dodge Lumber & Fuel .Co._$.12..50, Adams Book Store ,$4045, E.A,Knowlton Co.$6.09,, Henry Kalb $9.00, Geo.WQod $10,0,0, Foster Mrachek Electric 00-631.95, Carl G.Schwarz $6..65,, Pruetts Laundry $19.64, R.L-Palm $:50, Hanson Hardware $20,379 Morrison Electric Co.$11.00, Botsford Lumber 00.$30.269' Rochester Electric 00.$2.25, - Kruse Company $7.32, Fratzke Bros.$3.00, Hanson Hardware 0041.95, Jacla McHugh $1.50,.,Rochester Nutt Co... $37.65, Holm & Olson $50.00, .Kahler Corporation $3.00, Earl Irish $9,,00, Bob Smith $5.00, Fratzke Bros.$11.43,Allen & Skelly $2..75,F..YY.Woolworth $3.20, Queen City Candy Co.•$9.45, H--& H,Electric Co..$11.35, Foster. Mrachek Electric Co.$37.43, National Bushing & Parts Co. $1g.00, H.J.Johnston $1.50, The Barret Co.$l"50, Mosing Engraving, Service $4.7,6, Witte Transportation Co.$2.33,Jense.n- Hardware Co.$i.30, National Theater Supply Co,$3.60,,Whit ng Press $1215, Bow ellels:'$5.8.5, City of Rochester,Light & Water Depts..$85.96,.Rochester Egg & Poultry Co.$117.16,'Modern .Sign & Advertising Co.$23.90, Pepsicola Co.'$6.20, Universal Motors, Inc. $4.19, Rochester Post -Bulletin $59..92, Southern Minnesota Record of Official Proceedings of the -Common Council of the City, of Rochester, Minn., September 1 g, 19 39 • Broadcasting Co.$113.67,, G.-Schwartz & Co.$99.62•, Quality Print Shop $40.90=, i Nichols Dean & Gregg=$27.29, Orcutt Sign Shop $5.50., Fullerton Lumber Co. $6.24, Eagle Drug Store $7:57; Coca Cola Bottling Co-.$99.60, Quality Print, Shop $12.00-, Williams & Carr $19.00, Tri-State Telephone Coo$4L�.499 City of Rochester,Light Dept. $95.•77., Rochester Cylinder: Grinding Works $.75, • From the Lighting Fund:, C-ity of Rochester, Light Dept., $.•5.00, - From. the Band Fund: Bach Music Co.$23.50, Rochester• Transfer Co.$6.75,, H.E.Swanson Co.$4.50, Foster Mrachek Electric Co.$.25,, - From the F.E.,Wildiams Estate Fund: . IL.E.Swanson Co.$4-.95, Street & Alley Fund $11,.02., E..A. Knowlton Co. $2.15, Foster Mrachek Electric Co.. $20.96,. Art Gentz Hdwe.Co.$12•.96•, Irving Ballou $10.00, Mrs.Martha Heath $30.00, -City of Rochester,Light Dept.$13.90, Ole's Linoleum Shop $55.00, Woodhouse Bros. $14.62, Hanson Hardware $10.60, Adams Book -Store $5.249 , Alderman Amundsen introduced a resolution ordering a hearing on the construction of a water main in Sixth Avenue Northwest ,.from Eighth Street, . Northwest - to a point 250 feet- north, said hearing to be -held at 2:00 o1clock P.M., on October 2-nd,193.9, which was read. , -Upon motion by, Amundsen second by, Mrachek 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 Williams introduced a resolution apcepting the bid and proposal ii of the Roxanda Mines, Inc., for the resurfacing of Second Street Northwest !� First- Avenue to. Eleventh Avenue $10,953-75, First Street No4thwe.st from First Avenue, to Fourth Avenue $5,239.75, First Avenue Southwest frpm Second Street to Fifthx- Street .$6.,9g5.00, and Fourth Street Southwest, from Broadway to First. Avenue Southwest $1-,666.gg, which was read. , Upon motion by Fryer second by Mrachek that the said resolutiop be adppted as read, and all vat ing, in, favor thereof,, President Lemmon ,declare& the sadLd i r,esolution duly passed anti adopted. Upon motion -by F.rye•r second by Amundsen the City Clerk was instructed to return the certified check of the unsuccessful bidder on said, resurfacing. blderman WkIliams in#roAuced a resolutipn appropriating $504.66 fpr payment to the Socony-Vacuum Oil Company, $309.66 from the General Fund, $111.90 from• the Street. and Alley Fund, .$83..20 from the Permanent Improvement Revolving Fund, for a tank car of asphalt,- which was read.. Upon motion by Fryer second by. Amundsen that the said resolution b0e adopted as read„ an-d adl voting in favor thereof, President Lemmon declared the, saald resolut ipn. duly passed and adppt•ed.. , Alderman Williams introduced a resolution appropriating $359.01 from the General Fund and ordering payment made to Spencer M.Knapp for premium on insurance policy covering trucks, which was read. Record of Official Proceedings- _of the._ Common. Council of'the City_ of Rochester, Minn., - September 19,1939: _ 375- Upon motion by Amundsen second by Green 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 Williams introduced a resolution appropriating $373..50 from the • General Fund and ordering payment made to J.T.Collins Agency, for insurance premium on policies covering the Williams" Estate properties, which was read." Upon motion.by Fryer second by Moody that the said resolution be adopted as r read, and all voting in -favor thereof, President 'Lemmon'declared the said resolu- tion duly passed and adopted. Alderman•Mrachek introduced a resolution appropriating $213.00 from the General Fund and ordering payment 'made- to' Herbert G.Knopp,' for insurance premium on -policies covering the Will iams property, Sewage Disposal Plant; and transportation floater on equipment, 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 resolution duly passed and adopted. Alderman Mrachek introduced a resolution appropriating $1379.00 from the General Fund and aude-ring payment made to the Street and Alley Fund, for use 'of " equipment during August,1939, whi-ch was read. Upon motion by Mrachek 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. ' Alderman Mrachek introduced a resolution appropriating $217.95 from=the General*Fund and $13.50 from the Permanent Improvement ,Revolving Fund and ordering payment made to -the Rochester Post -Bulletin for official publications and printing -during August, 1939,which wa`s read. ' Upon motion by Williams 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 -Green introduced a resolution appropriating'$254.10 from the Street and Alley --Fund and ordering payment made to the Kiuse Company for sewer pipe furnished during September,1939, which was read. Upon motion by Amundsen 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 Green introduced a resolution -appropriating $610*83 from the Street -and Alley Fund and ordering payment made to the General Fund, for gasoline furnished from -the City Filling station, which ryas read. Upon motion' -by Green second`by Mrachek that the said resolution be adopted as read, and -all voting in favor thereof, President Lemmon declared the`said resolution duly passed and adopted. E 376 Record of Official Proceedings' of the Common Council of the_ City.. of Rochester, Minn., . September 18,1939. !;Alderman Green introduced a resolution appropriating $919.70 from the Street & Alley Fund and ordering payment made to the Street and Alley Fund, for use ;of equipment during August,1939, which was read. Upon motion by Williams second by Amundsen that the said resolution be i adopted as read, and all voting in favor thereof, President Lemmon declared the said resolution duly passed and adopted. Alderman Fryer introduced a resolution appropriating $415.99 from the Street and Alley Fund, $7.90 from the General Fund, $61.20 from the Permanent Improvement Revolving Fund, for payment to Morse Brothers, for sand and gravel furnished during the period August lgth to 29th,1939, which was read. Upon motion. by Green 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 Fryer introduced a resolution appropriating $329.95 from the Street and Alley Fund, $192.00 from the Permanent Improvement Refolving Fund,and ordering payment made to the Socony Vacuum Oil Company, for tank car of road oil, 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 i!resolution duly passed and adopted. i Alderman Fryer introduced a resolution appropriating $1255.20 from the 'Permanent Improvement Revolving Fund and ordering payment made to Wm.C.Fraser & Son, for final estimate on contract for construction of a sanitary sewer in Second Street Southwest and Sixteenth Avenue Southwest, which was read. Upon motion by Mrachek second by Moody that the said resolution be adopted i as read, and all voting in favor thereof, President Lemmon declared the said • t resolution duly passed and adopted. Alderman Fryer introduced a resolution appropriating $2982*42 from the ';Permanent -Improvement Revolving Fund and ordering payment made to Martin ;;Paulson for final estimate on contract for construction of a water main in Second Street Southwest and Sixteenth Avenue Southwest, which was read. Upon motion by Fryer second by Williams that the said resolution be adopted ias read and all voting in favor thereof, President Lemmon declared the said resolution duly passed and adopted. Alderman Fryer introduced a resolution appropriating $297.00 from the ,,Park Improvement Fund and ordering payment made to Alfred Pekkala for 6 three sheet poster boards for Auditorium, which was read. Upon motion by Moody 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. Record of Official Proceedings of the Common Council of the _City of Rochester, Minn., S ept e mb e r 18 , 1939. 377 Alderman- Fryer' introduced'aresolution appropriating $375.95 from the Park Improvement Fund and ordering paymeRnt made to the City of Rochester,' Light and dater Departments for electricity and water furnished in accordance with billings dated August 25th,1939, which was read. Upon notion by Williams second by Mrachek 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 $200.00 from the Park Improvement Fund and ordering payment made to Orcutt Sign Shop, for painting ice and 6 plywood panels at Auditorium,'which was read. Upon motion by Green second by Fryer that the said resolution be 4dopted as read, and all voting in favor thereof, President Lemmon declared thesaid resolution duly passed and adopted. ' Alderman Moody introduced a resolution appropriating $2460.51 from the Park Improvement Fund and ordering payment made to the Mayo Trust Fund, for payrolls for labor during the half month ending September 15th,1939, which was read. Upon motion by Amundsen second by Moody 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 -Moody introdac'ed a resolution granting public dance permit to Dale Hess for the Woodman Hall September 16th, 1939, and fixing the' fee at $3 .00 which was read. Upon motion by Moody second by Amundsen that the said resolution be, adopted as read, and all voting in favor 'thereof, President Lemmon declared :t`h7e said resolution duly passed and adopted. Alderman Green introduced a resolution ordering plans, specifications, etc., for the construction of curb and gutter in Twelfth Avenue Southeast from Center Street east to Second Street Southeast, which was read. Upon motion by'Green second by Mrachek that the said resolution be adopted as read, and all voting in favor thereof, President Lemmon declared the said resolution duly passed and adopted. T.he...Cit.y Engineer submitted plans, specifications and estimate of cost for the construction of curb and gutter in Twelfth Avenue Southeast, as above described. Alderman Green introduced a resolution adopting the plans, specifications and estimate of cost for the construction of curb and gutter in Twelfth Avenue Southeast from Center Street East to Second Street Southeast, ordering a hearing on the, said improvement to be held at 2:00 o'clock P.M. on October 2nd, 1939, and ordering advertisement for bids to be received and opened at 2:00 o'clock P.M., on October, 2nd,1939,which was read. 378 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., S e p t e mb e r 1 s. 1939 . be adopted Upon motion by Moody second by Mrachek that the said resolution as read and all votingin favor thereof, President � Lemmon Declared the said resolution duly passed and adopted. Upon motion by Williams second by Amundsen the matter of a storm sewer in Twelfth Avenue Southeast from Center Street East,to Second Street Southeast iwas referred to the Seger Committee. I ' Alderman Amundsen introduced a resolution ordering -plans, specifications and estimate of cost for the construction of a sanitary _sewer in Fourth Street Southeast from the west line of Lot 14 Auditor's Plat "A", to Lot 29, Sanderson's Second Addition, which was read. Upon motion by Moody 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. T.hd—City Engineer submitted plans, specifications and estimate of cost for the construction of a sanitary sewer in Fourth Street Southeast, as above described. Alderman Williams introduced a resolution adopting the plans, specifications and estimate of cost for the construction of a sanitary sewer in Fourth Street � Southeast as above described, ordering a hearing on the said improvement to .be held at 2:00 o'clock P.M., on ectober 2nd;1939, and ordering advertisement for bids to be received and opened -at 2:00 o'clock -P.M., on October, 2nd, 1939 , :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. q The City Engineer submitted plans, specifications, and estimate of,cost Ifor the construction of a sanitary sewer and water main in Twelfth Avenue Northeast from Ninth Street to Tenth - St r'set '.Northeast , in Thirteenth Avenue Northeast from Ninth Street to. Tenth Street Northeast, and in Ninth Street 'Northeast from Eleventh Avenue to Thirteenth Avenue Northeast. Alderman Green introduced a resolution adopting the plans, specifications and estimate of cost for the construction of a sanitary sewer and wader main in i' Twelfth Avenue Northeast, Thirteenth_ Avenue Northeast and Ninth Street Northeast, las above described, ordering a hearing on the said improvement to be held at 2:00 o'clock P.M., on October 2•nd,19,39, and ordering advertisement for bids i Ito be received and opened at 2:00 o''clock P.M., on October 2nd,1939, which was read. Upon motion by Amundsen second by Moody that the said resolution be adopted i as read, and all voting in favor thereof, President Lemmon declared the said resolution duly passed and adopted. i Record of Official Proceedings of the Common Council of the City . of Rochester, Minn., September 1 S , 19 3 9 3j9 Alderman Green introduced a resolution authorizing the Public Utility Board to enter into contract with the MCWane Cast Iron Pipe Company for the furnishing of 3200 ft. of 61, pipe and 720 ft. of 41''pipe together with 1660 pounds 611 fittings and 40 pounds 41, fittings, for a total contract. price of $3079.00, in accordance with resolution request of said Public Utility Board, which was read. Upon motion by Moody second by Mrachek 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 the Kruse Company for the furnishing of 2000 tons screenings, in accordance with the resolution request of said Public Utility Board, for a total contract price nbt to exceed $9000.00, which was read. ' Upon motion by Williams second by Fryer that the said resolution be adopted as read, and all voting in favor thereof, President Lemmon declared the 1 said resolution duly passed and adopted. Alderman Green introduced a resolution authorizing the Public Utility Board to enter into contract with the Anaconda Wire & Cable Company for the furnishing of cable in accordance with resolution request of said Public Utility Board, 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 resolution duly -passed and adopted. Alderman Green introduced a resolution appropriating $229.41 from the Bridge Fund tnd ordering payment made to the Bridge Fund, for transfer of funds within said Bridge Fund, which was read.* Upon motion by Williams 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 Green introduced a resolution appropriating $3,299.90 from Code 19 of- the General Fund to Code S of the General Fund for transfer of funds within the General Fund, 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. Alderman Amundsen introduced a resolution appropriating $1119.21 from the General Fund and ordering payment made to the General Fund,Code 19, for transfer of $1,000.00 from Code 12 and r$119.21 from Code 26, which was read. 380 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., S e p t e mb e r 19 , 19 3 9 Upon motion by Green second by Fryer that the said resolution be adopted Ias read, and all voting in favor thereof, President Lemmon declared the said .resolution duly passed and adopted. Alderman Amundsen introduced a resolution appropriating $5,000.00 from the ;General Fund and ordering payment made to the Park Improvement Fund, for transfer ,�of funds from the General Fund to make same available for maintenance of parks, which was read. Upon motion by Williams -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 Amundsen introduced a resolution appropriating $9,000,00 from ,.the General Fund and ordering payment made to the Street and Alley Fund, for transfer of funds, which was read. Upon motion by Amundsen second by Mrachek 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 Amundsen introduced a resolution appropriating $1946.54 from the Sewer Fund and ordering payment made to the Sewer Fund Code 4, for transfer of $.45 from Code 11, $40.19 from Code 19, $629.43 from Code 21, $147.09 from !`Code 22, and $1030.39 from Code 23, 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 .resolution duly passed and adopted. Alderman Amundsen introduced a resolution appropriating $9,233.97 from the P.W.A•Docket #1516-F Fund and ordering payment made to the General Fund, Code lg for transfer of the balance in said PUPA Docket Fund, which was read. Upon motion by Mrachek second by Amundsen that the said resolution be I ,adopted as read, and all voting in favor thereof, President Lemmon declared the said resolution duly passed and adopted. Alderman Amundsen introduced a resolution appropriating $2496.53 from am ;PAPA Docket #1515-F Fund and ordering payment made to the General Fund, Code 18, for transfer of the balance in said PWA Docket Fund, which was. read. Upon motion by Fryer 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. The City Engineer submitted plans., specifications and estimate of cost for the construction of a sanitary sewer in Ninth Avenue Southeast from Seventh '(Street to Eighth Street Southeast. Record of Official Proceedings- of the Common _Council of the City- of Rochester, Minn., Sept ember, ig;19,3 9, 3L c Alderman Amundsen introduced a resolution adopting the plans, specifications and estimate of cost for the construction of a sanitary sewer in Ninth Avenue Southeast from Seventh Street Southeast to Eighth Street Southeast, ordering a hearing on the said improvement for 2:00 o'clock P.M., on October 2nd,1939, and ordering advertisement forbids to be received and opened at 2:00 o'clock 4 P.M., on October 2nd,1939, which was`read. Upon motion by Green second by Amundsen that the said resolution be ,adopted l as read, and all voting in favor thereof, President Lemmon declared the said resolution duly passed and adopted. The Common Council canvassed the returns of the Special Election held on September 12th,1939- Alderman Amundsen introduced the following resolution,which was read: "Be it resolved by the Common Council 'of the City of Rochester; Minnesota: That the following is a tabulated statement and list of the number of votes cast for and against each amendment at the Special Election held on September 12,1939, in the City of Rochester, Minnesota,' as determined by said Common Coun- cil on the canvass of the returns of said special election made the lgth day of September,1939, and saidstatement is hereby declared to show the result of the said special election; said tabulated list and statement being as•follows: First Ward Second Ward Third [hard District No. District No. District No. 1 2 3__ 4 5 1 2 3 4 5 1 2 3 4 5 6 Total. Amendment No.l. Amend Section 155 of said Charter by adding to said Section as part thereof the following, namely: The Public Utility Board, by and with the consent of the Common Council,may sell its sur- plus electricity outside the corporate limits of the City of Rochester, Minnesota. "YES" received 63 39 47 47 91 66 62 37 66 64 35 43 59 45 49 34 s46 "NO" received 19 14 17 g g 16 13 g 10 17 9 6 16 25 3 10 199 Blanks 1 1 2 Amendment No.2. Amend the last paragraph of Section 164,of said Charter,so that the same shall read as follows: For the Park Improvement Fund so much as it may be deemed necessary for the improvement of the public parks and parkways,in or near the City, not exceeding four (4) mills on the dollar of such assessed valuation. "YES" .received 33 23 19 33 73 43 48 29 51 35 17 31 37 30 32 23 557 "NO" received i 49 29 44 22 26 39 27 16 25 45 27 .19 39 40 19 21 4g6 Blanks 1 - 1 1 1 4 Be it further resolved by the said Common Council:* That the number of persons present and voting at said Special Election on each of -the above mentioned proposed amendments is as follows: Amendment No.l Total 1,047 -"Yes" 946, "No" 199, Blanks 2 Amendment No.2 Total 1,047 "Yes" 557, "No" 496, Blanks 4 382 Record of Official Proceedings of the Common Council of the. City._ of Rochester, Minn:, September 18,1939. - The number of voters voting in favor of each of the said proposed amend- ments and against each of said proposed amendments are as shown on the above statement and that the said Amendment No.l was ratified by said voters as shown by the returns of said election above stated, and that the said amendment No.2 was not ratified by said voters as shown by the returns of said election above stated. Be it further resolved by said Common Council: That the whole number of persons present and voting at said election on Amendment No.l was 1047 and that ,it required 629 votes or 60% of those who voted at said election to ratify the same, and that there were more than three -fifths of said total number of votes in favor of the adoption and ratification of said proposed amendment No.l andthat the said Amendment No.l did receive the•necessary three -fifths of said total votes and therefore, said Amendment No-1 was ratified by the voters at said election and therefore did carry, and is•now a part of the Charter of the'said ,City of Rochester, Minnesota. Be it further resolved by said Common Council: That the whole number of ~persons present and voting on Amendment No.2, at the said Special Election was 1047 and that it required 629 votes or 60 per cent of those who voted.at the said Special Election to ratify the saJbd Amendment No.2, and that there were not ,;more than three -fifths (315).of the total number of votes in favor of the adop- tion and ratification of the said proposed amendment and that the said amend- ment No.2 did not receive the necessary three -fifths of the said total votes and therefore was not ratified and adopted by the voters at the said Special Election and therefore did not carry and is not made a part of the Charter of the City of Rochester, Minnesota.'" Upon motion by Mrachek second by Amundsen that the said resolution be ` adopted a-s read, and all voting in favor thereof, President. Lemmon declared the said resolution duly passed and adopted. Upon motion by Williams second by Moody the City Clerk was instructed to return, unopened, the bids submitted for the construction of a sanitary sewer and water main in parts of Twelfth Avenue Northeast, Thirteenth Avenue Northeast and Ninth Street Northeast. Upon motion by Green second by Williams the City Attorney was authorized to bargain for lots to be purchased by the City of Rochester for use as a public street (First Avenue Southeast), said authorization being not to exceed $400.00 .per lot. Alderman Green brought up the matter of the refusal of the Building Inspec- ,tor to issue a building permit to Mrs..Kell for construction of an addition to her home on Second Avenue Northwest. Upon motion by Fryer second by Green the Building Inspector was authorized and directed to issue a buildin& permit to Mrs. Kell for said addition to her ,home, all voting in favor thereof except Aldermen Moody and Williams who voted "Nay. it Upon motion by Williams second by Fryer the Committee working on a new building code for the City of Rochester, was authorized to employ architects Broas and Crawford to draft said net building code, and to pay said architects $200.00 for said services.. Upon motion by Fryer second by Williams the City Attorney was authorized Ito employ a hydraulic engineer for approximately 22 or 3 days work in connec- tion with the lawsuit of Williams vs: City of Rochester, at a sum not to exceed $200.00. Upon motion by Williams se;c:o_nd•;by Fryer the Council adjourned.. City Clerk.