HomeMy WebLinkAbout09-15-1947;357
September 15, 1947
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Minutes of an adjourned regular meeting of the Common Council of the
City of nochester, Minnesota, held in the Council Chambers in the City Hall, in
said City on September 15, 1947.
President Lemmon called -the meeting to order at 7: 30 o'clock P. M. , the
ffollowing members being present: President Lemmon, Aldermen Fox, Fryer, Kennedy,
JKjerner, and Yaeger. Absent: Alderman Akenhead.
Upon motion by Kjerner, second by Yaeger, the minutes of the meeting 'of I
September 2, 1947 were approved.
President Lemmon stated this as being the time and place set for the
(first hearing on the construction of a sanitary sewer and wate-rma.in in 13th Avenue
Southeast from 4th to 5th Street Southeast.
Ibe heard.
There was no one present wishing to
President Lemmon stated this as being the time and place set for receiving
land opening bids for the construction of a watermain in loth Street Southeast fro
lath to llth Avenue Southeast. The bid of Carlisle G. Fraser in the amount of
I$2,656.75 was received and opened.
President Lemmon stated this as being the time and place set for receiving
land opening bids for the sale of the old aerial ladder truck at the Rochester Fire
Department. The bid of Miller Bros. of Spring Valley, Minnesota in the amount of
1 $578. 78 was received and opened.
President Lemmon stated this as being the time and place set for
receiving and opening bids for the sale of beds, springs, mattresses, pillows,
blankets, and linens at the Rochester Fire Department. No bids were received.
President Lemmon stated this as being the time and place set for a
hearing on the petition for the vacation of part of 7th Street Southwest between
lst Avenue Southwest and Soldiers Field. There was no one present wishing to be
heard.
Mr. C. W. Lair, representing a group of business men who protested the
fuse of cinders on the down town streets, was before the Council and inquired if
any action had been taken on the matter. Upon motion by Fryer, second by Kjerner,
the City Engineer was instructed to use gravel in place of cinders on the streets
lin the business section.
A representative from the Minnesota State Organization of the Blind
appeared before the Council and asked permission to conduct a two day drive for
funds on the down town streets to be known as the White Cane Drive, to raise money
for a home and recreation center in the Twin Cities. Upon motion by Fryer, seconi
by Kjerner, the request was granted, the dates to be decided upon later.
Miss Gunhild Bjorklund, representing United Public Workers, CIO, Local
1515, presented the following resolution regarding the acute housing situation and
requested that a copy be sent to all the senators and representatives from
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September 15, 1947
Minnesota, and also
President Truman and the Press:
"Whereas,
The housing plight throughout the country is
becoming more acute every day since the passage
of the recent revised rent control act resulting
in more evictions, more homeless -people, broken
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up families and increased social problems; and
Whereas,
Low cost housing is not being provided by private
building interests at a cost that many people who
need homes car. afford to pay; and
Whereas,
Federal low cost housing which is provided for in
the Wagner-Ellender-Taft Bill has been stymied in
committee in Congress for several years despite the
growing criticalness of the housing situation;
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THEREFORE,
BE IT RESOLVED* That the City Council of Rochester,
Minnesota meeting at the City ?fall this 15th day of
September, 1947 go on record endorsing the Wagner-
Ellender-Taft Bill and urging its immediate passage
in the coming session of Congress; and
BE IT FURTHER
RESOLVED THAT COPIES OF THIS RESOLUTION BE SENT
to all the Senators and Representatives from Minnesota.,
President Harry S. Truman and the press."
A motion was
made by Fryer, second by Kennedy, and all voted in favor
thereof that the Council
go on record as approving the resolution as read and
instructed the Mayor
and City Clerk to write the State Senators and Representatives
and also President Truman, urging the passage of the Wagner-Ellender-Taft Bill.
Miss Gunhild Bjorklund further urged that an ordinance be adopted by the
City which would prevent evictions.
Mayor McQuillan stated that he had appointed a member to the Committee to
make R. study of housing and rent conditions in the City of Rochester. Alderman Fox
announced his appointment to the Committee of ?d. M. Tewes of 422 - 7th Street
Northwest. Alderman Fryer announced the appointment of Mr. George Torrance of
206 - 61 Street Southeast.
Mr. Frank Newhouse presented a plat of land to be known as DuVille Addition
to the City of Rochester and described as follows:
"Commencing at a point on the South line of Section Twenty five (25).1n
Town One. Hundred Seven - ( 107 ) %; rth, Range Four-t een ( 11.-) West , One
hundred eighty eight (199) feet east of the quarter post for place
of beginning; thence running due north six hundred sixty (660) feet;
thence East three hundred thirty (330) feet; thence South six hundred
sixty (660) feet to the South line of'said section twenty five (25)
and thence Nest along said South line three hundred thirty (330) feet
to the place of beginning; Olmsted County, Minnesota."
An Ordinance annexing to the City of Rochester, Minnesota, a part of
Section Twenty Five, Township One Hundred Seven North, Range Fourteen West, in •.
Olmsted County, Minnesota, which shall be known and designated as Du -Ville Addition,
was given its first reading.
Upon motion by Kennedy, second by Fryer, and upon roll call and all present
voting in favor thereof, the rules were suspended and the Ordinance was given its •
second reading.
Upon motion by Kjerner, second by Kennedy, and upon roll call and a.11 present
voting in favor thereof, the rules were suspended and the ordinance was given its
third and final reading.
Upon motion by Fryer, second by Kennedy, that the said ordinance be adopted'
Ias read, and all voting in favor thereof, President Lemmon declared the said
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Sept ember 15, 1947
ordinance duly passed and adopted.
The recommendation of the Water Committee that the contract for the
installation of a watermain in loth Street Southeast from 9th to llth Avenue
Southeast be awarded to Carlisle G. Fraser for the sum of $2,656.75 was read and
upon motion by Fryer, second by Kennedy, the recommendation was approved.
Alderman Yaeger of the Fire Committee, made a verbal recommendation t1nai
the bid of Miller Bros in the amount of $579.79 for the old aerial ladder truck
be accepted. Upon motion by Kennedy, second by Fryer, the recommendation was
approved.
The recommendation of the Finance Committee that a loan from the
Rochester Fire Department Relief Association in the amount of $7,000-00 with.
interest at the rate of 4% be granted to John Baker. of Simpson, Minnesota., on his
141 acre farm located in Pleasant Grove Township, was read and upon motion by
Fryer, second by Kjerner, the recommendation was approved.
A letter transmitting highway easement over a. portion of the North of
the SW4 of Section 7, Township 106 Tdorth, Range 13 West, in Olmsted County and
requesting that the same be approved by resolution and that the City instruct the
Payor and City Clerk to execute the easement, was read and the same was ordered
placed on file.
The City Engineers estimate of cost of constructing a watermain in lOth
Street Southeast from 9th to llth Avenue Southeast and also for the construction
of a sanitary sewer in 13th Avenue Southeast from 4th to 6th Street Southeast, we3
each read and.upon motion by Fryer, second by Kennedy, the same were accepted.
The petition of.Bennett Berg to have his property located at 317 - 7th
Avenue Southeast changed from a residential to a commercial zone and also a
protest against any change in zone of the said property, were each read and
President Lemmon referred the same to the Board of Zoning.
- A protest against any change in the zoning classification of property
in Block SS, Original Plat of the City of Rochester was read and -the same was
ordered placed on file.
The application of P. J. Brown for appointment to. the office of Pluinbinj
& Heatin-g Inspector was read and the same was ordered placed on file.
A notice by Mr. E. T. Connolly that he wished to withdraw his applicati.c
for appointment as Plumbing & Heating Inspector was read and the same was ordered
placed on file.
The application of Rochester Lodge No. 1091 for permission to operate a
bingo game was -read and the same was ordered placed on file.
IIA notice of hearing before the Railroad and Warehouse Commission on the
matter of the application of P. & S. Tran.sit Company for Petroleum Carrier
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Certificate, the hearing to be held in St. Paul or, September 23, 1947 at 470 Stati
Office Building, was read and the same was ordered placed on file.
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A petition to have 7th Avenue Northeast graded from 14th Street Northeast
to and including 350 feet south of loth Street Northeast was read and the same was
ordered placed on file. •
A petition for the construction of a -sidewalk on the south side of 6th
Street Northwest from 9th to llth Avenue Northwest was read and the same was ordered
placed on file.
A notice from the League of Minnesota Municipalities of regional meetings •
to be held in the State was read and those who can attend meetings in the southern
part of the State .•iere authorized to do so.
A copy of a communication from the Board of Park Commissioners to the
Board of Education and their reply regarding access to all buildings and permanent
installations in the Park System were each read. Mayor i;cQuillan stated that he
had copies of the communications and requested that the Council meet with the Board
of Park Commissioners and the members of the Board of Education at an informal
meeting to be held in the Council Chambers at 7:30 O'clock P. M. on September 19,
1947.
The City Engineer's trial balance for the month of August, 1947 was read
and the same vas ordered placed on file.
The report of the City Weighmaster for the month of August, 1947 showing
516 loads weighed and total receipts in the amount of $51.60 less the amount of
$7.00 which was stolen from the City Weighmaster's office, was read and the same
was referred to the finance Committee.
The statement of the City Treasurer for the month of August, 1947 was
read and the
same was referred to the Finance Committee.
The
reports of the Clerk of the
municipal Court
for the week ended
September 6,
1947 showing total criminal fines
and costs
collected $862:00; civil
fees received
$.25 and conciliation court
fees $.50 and for
the week ended
'September 11,
1947 showing total criminal
Fines and costs
collected $944.40, civil
fees received
$7.10 and conciliation court
fees $6.00, 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 Harold 0. Witzke for a license to sell cigarettes was
read and upon motion by Fryer, second by Kennedy, the license was granted.
The applications for permits to place and maintain a sign of Fred Lund,
Lee Crest Hotel Apartments and K. C. Lodge were each read and upon motion by •
Kerner, second by Fox, the permits were granted.
The application of L. E. Stepp for a transient dealers license was read
and upon motion by Kjerner, second by Fryer, the license was granted..
The application of rja].ter Ewald for -a J,urneyman Plumbers License was
read and upon motion by Kjerner, second by Fryer, the license was granted.
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September 15, 1947
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The application of Clifford Fauver for a Hot Air Heating, Air :Conditions
nd VentLlating Contractors license was read and upon motion by Yaeger, second by
ennedy, the license was granted.
The application of the Holland Furnace Company for a Hot Air Heating, Aii
)ond.itioning and Ventilating Contractor's license was read and upon motion by
jerner, second by Fryer, the license was granted.
The applications of Otis Wilber and Lester Larson for Journeyman Heating
lorkers' and Steam Fitter's license were each read and upon motion by Kennedy,
second by Fox, the licenses were granted.
The surety boncb of Hankee Heating Company in the amount of $1,000.00 Witt
the Saint Paul Mercury Indemnity Company as surety, Clifford Fauver in the amount
of $1,000.00 with the Western Surety Company as surety and the Indemnity Bond
for a lost warrant of Gordon L. Anderson and George Beaverson in the amount of
$50.00, were each read and upon motion by Fryer, second by Yaeger, the bonds were
approved, the surety thereon accepted and it was ordered that the same be placed
on file.
The contract bonds of Ellis Motor Company, Inc. in the amount of $2620.00
with the Fireman's Fund Indemnity Company as surety and Fielding&Shepley in the
amount of $8,936.00 with the Seaboard Surety Company as surety were each read and
the same were referred to the Mayor for his approval.
An insurance binder issued by the Murphy Insurance Agency, Inc. covering
Harlan Briese dba Service Cabs effective September 15, 1947 was read and the same
was ordered placed on file.
Upon motion by Fryer, second by Kennedy, the transfer of an "Off Sale"
Liquor License from Emanuel Kostakes and Harold Golod to Emanuel Kostakes and
Joseph H. Van Kraanen vas approved.
The surety bond of Emanuel Xostakes and Joseph H. Van Kraanen in the
amount of $1000.00 with the Western Surety Company as surety was read and upon
motion by Yaeger, second by Kjerner, the bond was approved, the surety thereon
accepted and it was ordered that the same be placed on file.
Alderman Fryer introduced a resolution appropriating $766.10 from the
General Fund and ordering payment made to Cooperative Oil Company for gasoline,
which was read.
Upon motion by -Yaeger, second by Kennedy, 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 $924.05 from the
General Fund and ordering payment made to The Gordon Winslow Company for estimate
No. 4 for the improvement of the proposed parking lot, which was read.
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Upon motion by Fryer, second by Yaeger, 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 $526.20 from the
General Fund and ordering payment made to Rochester Post Bulletin, which was read.
Upon motion by Kjerner, second by Fox, 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 $1,,373.95 from the
General Fund, $1236.94 from the Street & Alley Fund and $112.50 from the Sewer
Fund and ordering payment made to the Street & Alley Fund for use of equipment for
August, 1947, which was read.
Upon motion by Fox, second by Kjerner, 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 Kennedy introduced a resolution appropriating $236.70 from the
Street & Alley Fund and ordering payment made to the Dunn Sand & Gravel Company
for Cr Pit Run and Pea Gravel, which was read.
Upon motion by Yaeger, 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 Kennedy introduced a resolution appropriating $2,030.00 from
the P.I R. Fund and ordering payment made to the Gordon Winslow Company for estimate
No. 2 for construction of a curb and gutter on 7th Avenue Southeast, which was
read.
Upon motion by Kjerner, second by Fox, that the said resolution be
adopted as read, and all voting in favor thereof, President Lemmon declared the
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said resolution duly passed and adopted.
Alderman Kennedy introduced a resolution appropriating $3,444.20 from
the P.I. R. Fund and ordering payment made to Leon Joyce for grading streets in •
Manley's Addition, which was read.
Upon motion by Kennedy, second by Yaeger, that the said resolution be
adopted as read, and all voting in favor thereof, President Lemmon declared the
said resolution duly passed and adopted.
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Alderman Kennedy introduced a resolution appropriating $226.44 from the
P. I. R. Fund and ordering payment made to Leon Joyce for garding of 14th Avenue
Northeast, which was read.
Upon motion by Fryer, second by Kennedy, that the szid resolution be
adopted as read, and all voting in favor thereof, President Lemmon declared the
said resolution duly passed and adopted.
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Alderman Kjerner introduced a resolution. ordering plans, specifications
profile and estimate of cost and 2nd hearing on construction of a sanitary sewer
and watermain in 13th Avenue Southeast from 4th to 5th Street Southeast, which
was read.
Upon motion by Kennedy, second by Kjerner, 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 Kennedy introduced a resolution appropriating $519.23 from the
Fire Protection Fund and ordering payment -made to Rochester Ice & Fuel Company
for coal, which was read.
Upon motion by Kjerner, second by Fox, 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 Kjerner introduced a resolution accepting the bid of Carlisle
G. Fraser for the construction of a watermain in loth Street Southeast from 9th
to llth Avenue Southeast, which was read.
Upon motion by Kennedy, second by Yaeger, 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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Alderman Kjerner introduced a resolution accepting plans, and specifica.
and ordering bids for construction of a curb and gutter on the east side of 5th
Avenue Northwest from Center Street to 1st Street Northwest, which was read.
Upon motion by Yaeger, second by Fox, 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 Kjerner introduced a resolution accepting plans and specificat
and orderink bids for construction of a sanitary sewer and watermain in 13th
Avenue Southeast from 4th.Street to 6th Street Southeast, which was read.
Upon motion by Kennedy, 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 Fox introduced a resolution vacating 7th Street Southwest
between 1st Avenue Southwest and Soldier's Field, which was read.
Upon motion by Fox, second by Kennedy, 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 Fox introduced a resolution authorizing the City Engineer to
publish notice regarding the construction of sidewalks, which was read..
Upon motion by Fryer, second by Kjerner, that the said resolution be
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adopted as read, and all voting in favor thereof, President Lemmon declared the
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Se-ntember
said resolution duly passed and adopted.
Alderman Fryer introduced a resolution authorizing the execution of a
highway easement wherein the City of Rochester conveys to the State of Minnesota •
a parcel of land for highway purposes, which was read.
Upon motion by Kennedy, second by Kjerner, that the said resolution be
adopted as read, and all voting in favor thereof, President Lemmon declared the
(said resolution duly passed and adopted.
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Alderman Fox introduced a resolution -appropriating $414.63 from the
Lighting Fund and ordering payment made to City of Rochester, Public Utilities for
lighting the airport, which was read.
Upon motion by Yaeger, second by Fox, 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 Yaeger introduced a resolution accepting the bid of Miller Bros.
for the purchase of the Old Aerial Ladder Truck at the Rochester Fire Department.,
which was read.
Upon motion by Kennedy, 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 Yaeger introduced a resolution appropriating $14.53 from the
General Fund, $366.57 from the Street & Alley Fund, $27.90 from the Sewer Fund and
ordering payment made to Herbert Knopp, which was read.
Upon motion by Kjerner, second by Kennedy, 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 Kennedy introduced a resolution ordering the first hearing on
the grading of 7th Avenue Northeast from 14th Street Northeast to and including
350 feet South of loth Street Northeast, which was read.
Upon motion by Ffyer, second by Kjerner, 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 Yaeger, second by
Kennedy, the same were approved and the Mayor and City Clerk were authorized and
directed to draw warrants upon the City Treasurer and make payments accordingly:
From the General Fund: American Road Builders Assn., $5.00; The Kruse •
Company, $6.00; Oscar Maier, $3.00; Otis Elevator Company, $13.00; George E. Yates,
$59.06; City of Rochester, Public Utilities, $136.44; Adams', $5.35; Peoples Natural
Gas Company, $5.40; Railway Express Agency, $.89; Peoples Natural Gas Company,
$.75; Monte's, $30.35; IT. W. Ifell Telephone Co., $151.99; Rochester Electric Co.,
$3.01; H. A. Rogers Co. $1.10; Rochester Plumbing & Heating, $44.90; Quality
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Print Shop, $112.51; City of Rochester, Minnesota, $5. 36; •Herman Liebenow, $13.50
Universal Motors, Inc., $125.15; Lew Bonn Company; $19.00; R. L. Palm, $.75;
Alexander Auto Electric Co., $49.10; Rochester Body & Fender Works, $17. 75; The
Rochester Visitor, $8.00; Barbes Cafe, $46.90; Olmsted County Business Men's Assnil,
$36.00; R. C. Drips Grocer Co., $64. 50; H & H Electric Company, $43. 55; E. A.
Knowlton Co., $5. 05; Devoe & Reynolds, $1. 54; Pink Supply Co., $29.00; Walter L.
Schwanke, $6.00; J. I. Holcomb Mfg. Co., $108. 50; Witte Transportation Co., $1.26;
The Kruse Co. , $10. 79 i Leo N. Herrick, $14.15; Nicols, Dean & Gregg, $12. 77;
Jensen Hardware, $6.09; Witte Transportation Co., $1.09; State of Minnesota,
Department of Taxation, $4.06.
From the Street & Alley Fund: Witte Transportation Co. , $1.26; Dodge
Lumber & Fuel Co. , $4. 50; C. 11. Boutelle, $166.17; Geo. L. Joyce, M.D. , $13. 00;
Allen Lloyd Company, $1.31; Rochester Recapping Service, $26.15; Chicago & N.W.
Ry. Co. , $4.40; Peoples Natural Gas Co. , $4.77; Ellis 111otor Company; $7. 35; Schar
Auto Supply, $3.67; Ceresit Waterproofing Corp., $96.25; Standard Oil Company;
$16.99; Rochester Airport, $13.50; Fullerton Lumber Co., $43.01; Twin City Testing
& Engineering Co. , $41.65; The Sanitary Company, $2. 50; Firestone Stores, $4. 50;
Rochester Cylinder Grinding Works, $3.00; Cities Service Oil Company, $2. 70; Wm. H,
Ziegler Co. , $51. 21; John Oliphant Agency, $97.12; C. 0. Brown Agency, $95. 76
Ruth Bernard, Agent, $82. 80; E; Halling Agency, $43. 36; Botsford Lumber Co. , $14. 0:
Walker Larson Hardware, $20.69; Jensen Hardware, $2.60; National Bushing & Parts,
$14. 36; Witte Transportation Co. , $3. 57.
From the Fire Protection Fund:, Rochester Electric Co., $28. 99; IT. W.
Bell Telephone Co., $17.35; Leo N. Herrick, $6.45; Gateway City Transfer, $1. 31;
Nicols, Dean & Gregg, $3.03; Pruetts, $49.45; The Rochester Laundry, $24.71; C.E.
Ginther, $13.99; National Fire Protection Assn. , $16.00; Elkart Brass Mfg. Co.,
$2. 88; W. S. Darley Co., $145. 70; A. C. Beiersdorf, $90.00; Sherwin Williams,
$2.16; Botsford Lumber Co., $6.40; Walker Larson Hardware, $5.85; Jensen Hardware
$.70; National Bushing & Parts, $2.36; So. Minn. Supply- Co., $.96; Rochester Soft
Water Service, $3.50; Witte Transportation Ce., $8.57; Quality Print Shop, $8.84;
0. W. Schro eder, Agent, $59.SO; Frank Pendle Agency, $48. 36; N. W. Bell Telephone
Co., $17. 35.
From the Sewer Fund: Peoples Natural Gas Company, $.75; Nelson Tire
Store, $2. 05; Hayes Lucas Lumber Co. , $4.00; Dodge Lumber & Fuel Co. , $3. 65; Hayee
Lucas Lumber Co. , $6.00; Carlisle G. Fraser, $35.00; The Kruse Company, $130.08;
City of Rochester, Public Utilities, $66.27; N. V!. Bell Telephone Co., $5.75•
From the Bridge Fund: Fullerton Lumber Co., $5.19.
From the Lighting Fund: City of Rochester, Public Utilities, $2.50.
From the P.I.R. Fund: Carlisle 6. Fraser164.96; The Gordon Winslow Co.
$127.43; Carlisle G. Fraser, $108.69.
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September 15, 1g4
Mr. Francis J. Magnuson, City Engineer, requested that the Mayor issue
an emergency order for the.immediate replacement of the chimney at the Sewage
Disposal Plant which was struck by lightning in a recent storm. Mayon N,cquillan
,stated that he ,.,ished to issue a verbal emergency order for .the replacement of the
damage at the .Sewage Disposal Plant and upon motion .by fryer, second .by .Kennedy,
the Mayor s action was approved.
An Ordinance licensing and regulating persons engaged in the business of •
building and rebuilding concrete sidewalks, driveways and curb and gutter in the
streets, alleys and public grounds within the City of Rochester, Minr_esote, was
given its first reading, and the City Clerk was instructed to send each member of
the Contractor's Association a copy of the ordinance as read.
City Attorney Aunt presented the following ruling from the Attorney
General's office which was read and ordered placed on file:
"Air. Desmond B. Hunt
City Attorney
Rochester, Minnesota
Dear Sir:
FACTS
A resolution for the grading of certain streets was vetoed
by the mayor; the council passed the resolution'over the veto;
the mayor threatens to take action to prevent the city council
from making assessments against the property benefited.
QUESTION
Is it the duty of the city attorney to represent the city
in such litigation, or to represent the mayor?
OPIWION
The charter provides, in Section 82, as follows:
"The legislative authority of the city
shall be vested in a Common Council***."
The determination of what action should be brought by the
city or defended by the - city is a legislative act and for the
determination of the common council
The charter, in Section•108, provides that the city attorney
"shall represent the city in all 1ogal proceedings in which it
is a party." Consequently, it is the duty of the city attorney
to represent the city. If an action is brought against the city
which the council decides to defend, the_city attorney must
therefore act for the city.
I think it would be fitting and proper that the council
adopt a resolution'instructing the city attorney to represent
the common council and the city in any action instituted by the
mayor.
Very truly yours,
J. A. A. BURY"U IST •
Sttorney'General"
Upon motion by Fryer, second by lennedy, the Fire Committee was
instructed to store all beds, springs, mattresses, pillows, blankets, and linens
from the Fire Hall Dormitory. •
President Lemmon stated that the lease held by General Mills on the old
Mill building expired on Cctober 1, 1948 and asked that the lease on the property
used by the Peoples natural Gas Company and also the Mayo Clinic be extended to
expire on the sarr.e date. Upon motion by Yaeger, second by Fryer, the said leases
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were extended to expire on October 1, 1948.
Chief C. E. Ginther, of the Fire Department requested that Donald Buske
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September 15. 194
be .authorized to attend ,the convention at Grand Rapids, Michigan for firemen in
charge of alarm systems. There was some discussion as to whether or riot expenses
of firemen to conventions would be raid outside of the State of Minnesota. Upon
motion by Fryer, second by Kjerner, Mr. Buske wds authorized to attend the said
convention. All voted in favor thereof except Aldermen Kennedy who voted .
Upon motion by Kennedy, second by Fox, Acting Chief of Police Arnold 1.1
Nelson was authorized to attend the International Chiefs of Police Convention,
to be held at Duluth, Minnesota from September 21st to 27th, 1947.
Upon motion by Kennedy, second by Fryer, $199.00 was appropriated from
the General Fund and paid to the Mayor's Contingent Fund.
Upon motion by Fryer, second by Kjerner, the meeting was adjourned.
City Clerk