HomeMy WebLinkAbout10-20-19470 :
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Minutes of an adjourned 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 October 20, 1947.
President Lemmon called the meeting to order at 7:30 o'clock P.M., the
following members being present: President Lemmon, Aldermen Akenhead, Fox, Fryer,
Kennedy, Kjerner, and Yaeger.' Absent: None.
Upon motion by Kjerner, second by Kennedy, the minutes of the meeting
of October 8, 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 watermain and the
grading of 12th Avenue Northeast, North of 14th Street in DuVille Addition. There
was no one present wishing to be heard.
President Lemmon stated this as being the time and place set for the
second hearing on the grading of 7th Avenue Northeast from 14th Street Northeast
to and including 350 feet south of loth Street Northeast. There was no one
present wishing to be heard.
Erwin L. Briese, Secretary of the Chamber of Commerce, was present at
the meeting and submitted cuts of a new'type of Christmas Street Lighting. He
stated that the total cost of the new lighting as planned would amount to
approximately $6,000.00, $2,000.00 to be paid by the Chamber of Commerce, $53,000.00
by the Public Utility Board and asked that the City appropriate the balance of
$1,000.00. Upon motion by Fryer, second by Kjerner, the matter was left in the
hands of the Lighting Committee with power to act.
Mr. H. H. Crawford, employed by Mr. A. L. Blackburn, appeared before the
meeting in regard to the construction of an apartment building at the intersection
of 4th Avenue Southeast and 7th Street Southeast, on the East 82 feet of Lots 10
and 11, Block 15, East Rochester Addition to the City of Rochester. It was noted
by Mr. Crawford that a difference existed between the requirements of the Building
Ordinance and the property allowance of the Federal Housing Administration. The
local code allows nine living units and the Federal Housing Administration allows
ten living units. Upon motion by Kennedy, second by Yaeger, the Building Inspector
was authorized to issue a permit which would allow construction to include ten '
living units in the said apartment building.
The following copy of a letter from McGhie & Armstrong, Professional
Civil Engineers addressed to the Rochester Airport Commission was read:
"Rochester Airport Commission
Honorable Claude H. McQuillan, Chairman
City Hall
Rochester, Minnesota
Dear Sir:
Since the 1948 construction program as proposed for the
Rochester Airport at our meeting with your Commission on October
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8, 1947 will involve three public agencies, it is indicated that
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a new agreement for Engineering Services be executed. It is
necessary that much field work be done this Fall so that plans
may be prepared and approved by the three agencies during next
Winter.
We therefore submit the following proposal offering our
services on the proposed 1949 Construction Program:
Engineering Services for the Supervision of Airport
Construction Work at the Rochester, Minnesota Airport at the
following rates all in accordance with the provisions of the
contract.
1. Preliminary survey, preparation of plane, specifications
preliminary and progress estimates and general engineering
supervision at 6.0 percent of construction costs, The 6.0percent
fee is to be divided as follows:
Preliminary survey, preparation of plans and a specifications 41
percent; General supervision including progress estimates 12 percent.
The above fees do not provide for or include payment for the
item in paragraph #2.
2. Borings, tests, inspection, resident supervision, staking
of work and final measurement of work at cost plus 50 percent.
Yours very truly,,
McGhie & Armstrong
Professional Civil Engineers"
A motion was made by Fryer, seconded by gjerner, and all voted in favor
thereof that the proposed contract be approved and the Mayor and City Clerk were
authorized to execute the said contract.
A communication from the Rochester Building and Construction Trades
Council recommending that Mr. M. J. Fairley be appointed as Heating and Plumbing
Inspector for 'the City of Rochester was read. President Lemmon ordered that the
same be placed on file and that a:report be made at the meeting to be held on
November 3, 1947.
The following communication from.Claude H. McQuillan, Mayor addressed
to the Members of the Common Council was read and the same was ordered placed on
file:
%!embers of the Common Council October 20, 1947
At the regular meeting of the Council on October 2, President
Lemmon made a speech just prior to the reading of an opinion
by the City Attorney, regarding the grading and graveling of
certain streets and avenues in the Manley Addition.
Because it is the duty of the Mayor to give the Common Council
such information as he may deem advantageous to the city, and
particularly because I would like to save President Lemmon from
a most embarrassing situation if he ever actually ordered the
Police to evict anyone from the Council Chambers while I am there,
I would like to present the following facts. Section 33 of the
Charter.reads; "There shall be in the City a Police Department,
of which the Mayor shall have control and supervision and of
which he shall be the Chief Executive Officer and he'ad.11 With
the adoption of Police Civil Service by ordinance No. 407
passed April 10, 1934, I realize that there could possibly be
some confusion in the lay mind as to whether the Mayor retained
that authority.. The Charter further provides that the authority
to command, in suppressing riotous or disorderly behavior or
proceedings, lies in the hands of the officials present in the
following order; the Mayor, the Chief of Police, the Sheriff
of Olmsted County, all Police Officers, Constables and (lastly)
Adlerman. (Section 37) The Minnesota Statutes, passed in 1945,
chapter 436.02 gives the Mayors of Rochester and other Cities
of the second class, excepting Winona, exclusive control of
their respective Police Departments. The law reads. "In each
City of the second Class in the State the Mayor shall hereafter
have the EXCLUSIVE power to direct the law enforcing activities
of the Police Department,*and the Chief of Police and such other
officers as may be acting in such department shall at all times
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October 20. 194
be subordinate to the Mayor; but this section shall not apply to
Cities of the second class operating under a special Charter."
( Winona)
It is high time that the Council obtained competent legal advice
instead of blundering into ridiculous positions from which they
cannot withdraw gracefully.
If you have wasted time, has it not been solely because you have
disregarded the charter and the laws of the State of Minnesota?
Now in regard to Mr. Hunt's opinion, that the Mayor had signed
resolutions up to the second day of June, 1947, which is ab- '
solutely true. These resolutions set forth streets and avenues
to be graded, and called for hearings, and I could not justify
a position refusing a hearing to these people effected by the
so called "Improvement" and assessment therefor. Mr. Hunt states
"At this point may I state that insofar as this particular im-
provement is concerned it has been taken beyond Section 214."
It is significant that Mr. Hunt does not deny that Section 214
requires both the 5/7 vote of the Council and the approval of the
Mayor. But let me point out that Section 214 does apply in this
case and. for brevities sake I will quote Section 214 after deleting
parts regarding Council vote, Mayor's approval and consent of
peoples affected by assessment.
Section 284 now reads, "No improvement to be paid for by
special assessment shall be undertaken --- unless the ordinance
or resolution therefor shall receive, on final passage (the 5/7
vote etc.) after a public hearing." Note the "final passage
after a public hearing" Section 229 provides for the final
passage- It reads- "At the time and place appointed for such
meeting, or adjournment thereof of said Council shall meet and
hear all persons interested in such improvement, who may desire
to be heard, and the Council may adhere to its resolution to make
such improvement, or modify the character thereof or manner of
assessing the cost and expxnse thereof, or may abandon it." Let
me state that whatever action the Council takes at that time, it
must be by resolution or ordinance and that resolution constitutes
"final passage" referred to in Section 214.
Mr. Hunt further stated; "I find no records so far as the City
is concerned, of any grading/and graveling of the streets and avenues
in question or assessments therefor. "Mr. Hunt knows as well as
you do, that no records of this nature in the City Engineers
office have been kept in the xa.st. He also knows there if no
record of assessments for improvements against the Carrol Addition,
the Homestead Addition, or the Graham Addition (recent Additions)
because the Mayo Association paid for the improvements when they
were put in, and therefor no assessments were made. This was
exactly the case in the Manley Addition. Mr. and Mrs. Lampman
paid for the grading and graveling when the streets and avenues
were put in; and does anyone deny that the streets and avenues
were graded and graveled? If they do, I have the photographs of
streets and avenues which were taken just prior to the last pro-
ject. I also have a lot more evidence which I am prepared to submit
to the Court at the proper time.
He also calls attention to the powers of the Mayor as set forth in
Section 29, and insinuates that the Mayor was negligent in not
assuming "general supervision and control of the Department"
responsible for the improvement. You know, but'the public does not
know, that the Street and Alley Committee as well as the Engineers
Department have ignored the Mayor's office completely, and also
that I would have to take legal action to get compliance with a
request or order.
Mr. Hunt stated that abstracts for change in grade lines had been
made and filed. As a matter of fact, they never came to the atten-
tion of the Council, and were not passed by the Council until
after Mr. Hunt had presented his "opinion". Nor were they pre-
pared at the time I called attention of the Council to the seven-
teen violations.
Realizing that belated actions might have some validity (the court
must decide that) I anticipated that the Council might have
authority to put in the improvements in question by virtue of
Section 197 which reads in part. "Improveing, repairing and cleaning
of streets and alleys shall be paid from the Street and Alley
Fund, unless collected by special assessment when it shall be paid
from the Permanent Improvement Revolving Fund."
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October 20. 194
Obviously I could only disapprove of the assessment against
,pr6perties affected, and could not object to the improvement,
provided damages to properties and other requirements had been
met.
As to whether the Council has proceeded according to Charter
requirements— belatedly or otherwise, I must insist that this
case be submitted to the District Court; and action must be
taken by you gentlemen to get it into Court.
Finally, Mr. Lemmon, your comparison of the contest between the
Council and the Mayor, to a football game is rather far fetched.
May I point out that sportsmanship is recognized in Foot Ball.
Eleven men on one side oppose eleven men on the other side; not
seven or eight men against one or two men.
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Respectfully,
Claude H. McQuillan
Mayor of Rochester"
The three following resolution adopted by the Public Utility Board were
each read and the same were ordered placed on file:
"Be it and it is hereby resolved by the Public Utility Board
of the City of Rochester, Minnesota that the Common Council of
the said City be and is hereby requested to authorize the said
Board to enter into a contract with the SUPERIOR SALES AND
SERVICE COMPANY for the furnishing, in accordance with
specifications, of a 12 Ton Studebaker Truck complete with
dump body and otherwise equipped as per specifications, -the
amount of said contract to be TWENTY FIVE HUNDRED FIFTY DOLLARS
($2,550.00) and the said Superior Sales and Service Company
.being the only responsible bidder."
"Be it and it is hereby resolved by the Public Utility Board
of the City of Rochester, Minnesota that the Common Council of
the said City be and is hereby requested to authorize the said
Board to enter into a contract with Alvin E. Benike for the
furnishing, in accordance with plans specifications, of all
of the labor, tools, equipment and materials necessary for the
erection of a Pump House for the City Water Department at a
price of EIGHT THOUSAND TWO HUNDRED FIFTY DOLLARS (49,250.00)
said Alvin E. Benike being the only responsible bidder."
"Be it, and it is hereby resolved by the Public Utility Board
of the City of Rochester, Minnesota that the Common Council
of the said City be and is hereby requested to authorize the
said Board to enter into a contract with the FUEL ECONOMY
ENGINEERING COMPANY for the furnishing and erection of
equipment, in accordance with Division "V" of specifications,
the amount of the said contract to be SEVENTY TWO THOUSAND
FIVE HUNDRED THIRTEEN DOLLARS (472,513.00), and the said lump
sum price to be adjusted in accordance with certain stipulations
as itemized in either the specifications, the proposal of the
Fuel Economy Engineering Company, or both; the said Fuel Economy
Engineering Company being the lowest responsible bidder."
The following three resolution adopted by the Commissioners of the
Sinking Fund were each read and upon motion by Fryer, second by Akenhead, the
same were approved and ordered placed an file:
"Be it resolved by the Commissioners of the Sinking Fund of
the City of Rochester, Minnesota:
That the sum of $35,000.00 be and the said sum is hereby
appropriated from the Sinking Fund and ordered paid to the
First National Bank of Rochester, Minnesota, for the purchase
of United States Savings Notes, Series C, dated October 1, 1947
and maturing October 1, 1950, the same being purchased for the
following Sinking Fund Investment accounts:
Steam Heat Depreciation Reserve 25,000.00
Employees Compensation Insurance Reserve 10,000.00"
"Be it resolved by the Commissioners of the Sinking Fund of
the City of Rochester, Minnesota:
That the sum of $156,000.00 be and the said sum is hereby
appropriated from the Sinking Fund and ordered paid to the
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First National Bank of Rochester, Minnesota, for the purchase
of United States Treasury Savings Notes, Series C, dated
October 1, 1947 and maturing October 1, 1950. the same being
purchased for the following Sinking Fund Investment accounts:
Reserve for Construction of Warehouse 6,000.00
Reserve for Construction of Health Center
Building 150,000.00"
"WHEREAS, sufficient funds are, at present, not available
in the Public Utility Fund -Water Department to meet the•
payments and
WHEREAS, the amount of SIXTEEN THOUSAND THREE HUNDRED
SEVENTY NINE DOLLARS AND TEN CENTS ($16, 379. 10) remains as
uninvested in the Sinking.Fund for Water Department Extensions,
and
WHEREAS, the Public Utility Board of the City of Rochester,
Minnesota has requested that the Sinking Fund Commission
appropriate the amount of $16,379.10 to the Public Utility
Fund -Water Department as provided for in resolutions of the
Public Utility Board and the Common Council creating such
fund.
SO THEREFORE, Be it resolved by the Sinking Fund Commission
of the City of Rochester, that the sum of $16, 379.10 be
appropriated from the Sinking Fund to the Public Utility Fund."
A request by the Olmsted County Chapter No. 9 of the American War Dads
for permission to conduct a tag day on the streets of the City of Rochester on
Saturday, November let, 1947 was read and upon motion by Fryer, second by Fox,
their request was granted.
The following recommendation from the Police Civil Service Commission
was read and the same was ordered placed on file:
"Hon. Mayor and Common Council
City of Rochester, Minnesota
Gentlemen:
The Police Civil Service Commission has suspended Officer
Merlin C. Mewhorter for ninety (90) days without pay,
effective October 10, 1947.
At the end of ninety days he is to be placed back on the
force in the same capacity, with the understanding of a
six months probationary period.
Respectfully yours,
ALBERT J. TO DDIE
Secretary, Police Civil
Service Commission"
A request by the Rochester Fire Fighter's Association that the present
eight hour day work schedule be discontinued and that the men return to a twenty
four hour shift was read. After discussing the matter Alderman Yaeger made a
motion, seconded by Kennedy, that any request or complaint from any department be
submitted through the department head and not by members of the department, all
voted in favor of the motion. Upon motion by Fryer, second by Fox, and all
voting in favor thereof except Aldermen Yaeger and Kennedy, who voted "no", the
matter was referred back to the Rochester Fire Fighter's Association with
instructions that the request come through the department head.
The request of Rochester Elk's Lodge No. 1091 for permission to operate
the.game
of Bingo
on November 5th and 19th,
1947 was read and the same was
ordered
placed_ on
file..
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The petition_of Clayton D. Lyke to have the East 90 feet of Lot 9,
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in Block 39, Morse & Sargent's Addition changed to a commercial zone and also the
petition of Marie Erickson to operate a beauty parlor at 1225 Seventh Avenue
Southeast were each read and upon motion by Yaeger, second by Fox, the same were
referred to the Board of Zoning.
A plat of land owned by Louis Tenti and Catherina Tenti, his wife,
Francis H. Underwood and Margaret E. Underwood, his wife, and V. L. Ritter and
Mary Ritter, his wife, to be known as Parkside Subdivision and described as
follows was presented to the Council:
"Apart of William's Healy's & Cornforth's Addition to Rochester
as follows: Outlots 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26,
27. 28, 29. 30, 31, 32. 33. 34, 35. 63, 64 and 65 with the
following exceptions: The northerly 200 feet of Outlots 16, 17,
1S, 19, and 20; the northerly 120 feet of Outlot 21; the easterly
15.5 feet of the northerly 120 feet of Outlot 22; the northerly
136 feet of Outlots 24, 25, 29, 29, 32, and 33; the easterly
25.8 feet of the northerly 136 feet of Outlot 30; the.westerly
49.4 feet of the northerly 136 feet of Outlot 31; the northerly
•129 feet of Outlot 35; that part of Outlot 34 lying northerly of
the following described line: beginning at a point on the
westerly line of Outlot 34 a distance of 129 feet southerly of
the Northwest corner of said Outlot thence easterly at right
angles to the westerly line of said Outlot a distance of 75.9
feet to an intersection with a line which runs at right angles
to the easterly line of Outlot 34, thence easterly along said
line to a point on the east line of Outlot 34 a distance of
136 feet southerly of the Northeast corner of said Outlot; that
part of Outlot 65 lying east of a line running south from the
Southeast corner of Outlot 23 and parallel to the west line of
said Outlot 65 to the center of the Zumbro River and running
thence up the middle of the west channel of said river to the
Section line."
Upon motion by Fryer, second by Kjerner, the same was referred to the Street &
Alley Committee and the City Engineer for recommendation.
The recommendation of the Board of Zoning that the follad ng described
lands be rezoned as an industrial zone was read and upon motion by Fryer, second
by Kennedy, the recommendation was approved and the City Attorney was instructed
to prepare an amendment to the Zoning Ordinance setting the said property up as
an --industrial zone:
"Beginning at a point where the quarter section line running
through the center of Section 35, Town 107, Range 14,
intersects the east line of Sixth Avenue N.W.; running thence
north on said east line of Sixth Ave. N.W. forty-four (44)
feet; running thence east on a line parallel with the
aforesaid quarter section line to a point one hundred forty
( 140) feet west of the west line of Fifth Avenue N.W.,-
running thence south,on a line parallel with the said west
line of Fifth Ave. N.W. to said quarter section line; running
thence west on said quarter section line to the place of
beginning."
The recommendation of the Board of Zoning that Mr. Ray McKinney be
granted permission to construct an addition to his filling station at 1209 - 7th
Avenue, Southeast but that no change be made in the zoning o-T the said property
was read and upon motion by Yaeger, second by Kjerner, Mr. McKinney's request was
granted and the Building Inspector was authorized to issue a permit for the
proposed building.
The recommendations of the Water Committee that a watermain be installer
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394
October 20, 1947
II
of the Sewer Committee that a sanitary sewer be installed, and of the Street &
Alley Committee recommending the grading and graveling, all to be done in llth
Avenue Southeast from 225 feet South of 7th Street Southeast to 555 feet South of •
7th Street Southeast, were each read and upon motion by Fryer, second by Fox, thee'
recommendations were approved.
The City Engineer's trial balance for the month of September, 1947 was
read and the same was ordered placed on file.
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- The City Treasurer's statement of funds
for the month of
September, 1947
was read and the same was
ordered placed on file.
The reports of
the Clerk of the Municipal
Court for the
week ending
October 11, 1947 showing
total criminal fines and
costs
collected
$595.00, civil
fees received $2. 35, and
conciliation court fees
$3.00;
and for the
.week ending
October 19, 1947 showing
total criminal fines and
costs
collected
$677.00, civil
fees received $2.00, and
conciliation court fees
$3.50,
were each
read and having,
been previously approved by the City Attorney, President Lemmon ordered that the
same be placed on file.
A statement of receipts and disbursements in the Park Improvement Fund
from April through September, 1947 was read and the same was ordered placed on file.
The application of James W. Sheets for an "Off Sale" non -intoxicating
malt liquor license was read and upon motion by Fryer, second by Fox, the same
was granted.
The applications for license to sell cigarettes of James W. Sheets, L.M.
Smith, Ruth M. Rowland and Metropolitan Liquor Store were each read and upon
motion by Kjerner, second by Yaeger, the licenses were granted.
The application of the Rochester Photo Laboratory for a permit to place
and maintain a sign was read and upon motion by Fox, second by Kennedy, the permit
was granted.
The applications of James W. Sheets and L. M. Smith for license to sell
soft drinks were each read and upon motion by Kjerner, second by Fryer, the licenses
were granted. •
An indemnity bond in the amount of $11.00 for a lost warrant with
Eugene W. Cutshall as principal and Erwin L. Briese and Newton E. Holland as
suretieswas read and upon motion by Fryer, second by Akenhead, the bond was
.approved, the surety thereon accepted and it was ordered that the same be placed
on file. j
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The contract bond of Carlisle G. Fraser in the amount of $6, 947.25 with l
the United States Guarantee Company as surety was read and the same was referred
to the Mayor for his approval.
Alderman Kennedy introduced a resolution ordering a hearing on the
levying of special assessments for the construction of a curb and gutter on 7th
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Avenue Southeast from 9th to 12th Street Southeast, which was read.
.Upon motion by Akenhead, 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 Kennedy introduced a resolution ordering a hearing on the
levying of special assessments for the construction of a curb and gutter on 9th
Avenue Southeast from 6th Street to 9th 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 ordering a.hearing on the
levying of special assessments for the construction of a curb and gutter on 9th
Avenue Northeast from East Center Street to 5th Street Northeast, which was read.
Upon motion by Yaeger, second by Akenhead, 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 a hearing on the
levying of special assessments for the construction of a curb and gutter on 6th
Avenue Southwest from 7th to 9th Street S-outhwest, 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 I'ennedy introduced a resolution ordering a hearing on the
levying of special assessments for the construction of a curb and gutter on loth
Street Northwest from North Broadway to 2nd Avenue 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 Kennedy introduced a resolution -authorizing the Public Utility
Board to enter into contract with the Fuel Economy Engineering Company, 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 ordering.the first hearing on
the construction of a sanitary sewer and watermain and the grading of llth Avenue
Southeast ff'om 225 feet South of 7th Street Southeast to 555 feet South of 7th
Street Southeast, which was read.
Upon motion*by Kennedy, second by Akenhead, that the said resolution be
adopted as read, and all voting in favor thereof, President Lemmon declared the
said resolution duly passed and adopted.
October 20. 194
Alderman Kennedy introduced a resolution,appropriating $232.59 from the
General Fund and ordering payment made to the Chicago Great Western Ry. Company
for freight on cutback asphalt, which was read. •
Upon motion by Yaeger, 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 $929.55 from the •
P.I.R. Fund and ordering payment made to Gordon Winslow Company forestimate No. 4
for construction of a curb and gutter on 7th Avenue Southeast from 9th to 12th
Street Southeast, which was read.
Upon motion by Akenhead, 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 appropriating $912.90 from the
General Fund and ordering payment made to Cooperative Oil Company for gasoline
purchased, 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 Akenhead introduced a resolution appropriating $1,248.95 from
the General Fund, $1,235.70 from the Street & Alley Fund and $114.00 from the
Sewer Fund and ordering payment made to the Street & Alley Fund for use of
equipment during September, 1947, 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 Akenhead introduced a resolution appropriating $979.20 from th'e
Street & Alley Fund and ordering payment •made to Dunn Sand & Gravel Company for
sand and gravel, which was read.
Upon motion by Kjerner, second by Akenhead, 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 Akenhead introduced a resolution appropriating $470.29 from
the Street & Alley Fund and ordering payment made to Quarve & Anderson for crushed
rock, 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.
Alderman Akenhead introduced a resolution appropriating $333.25 from the
Lighting Fund and ordering payment made to the City of Rochester, Public Utilities
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October 20. 1914
for lighting at airport, which was read.
Upon motion by Yaeger, second by Akenhead, 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 appropriating $322.95 from the
General Fund and ordering payment made to the Rochester Post Bulletin for legal
advertising, which was read.
Upon motion by Kennedy, 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 appropriating $4,599•$0 from
the General Fund and ordering payment made to Fielding & Shepley, Inc. for base
and bituminous.surfacing at Airport as per contract, 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.
Alderman Kjerner introduced a resolution appropriating $395.00 from the
General Fund and ordering payment made to City of Rochester, Fire Department for
500 ft. hose and nozzle, which was read.
Upon motion by Akenhead, 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 appropriating $260.00 from the
General Fund and ordering payment made to A. G. Berens for 20 revolvers, which
was read.
Upon motion by Yaeger, 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 Kjerner introduced a resolution appropriating $597.24 from the
General Fund and ordering payment made to S andard Oil Company for cutback aspha
which was read.
Upon motion by Akenhead, 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 ordering plans, specifications,
profile and estimate of cost and 2nd hearing on construction of a sanitary sewer
and watermain and grading of 12th Avenue Northeast, North of 14th Street in
DuSille Addition, which was read.
Upon motion by Kennedy, second by Yaeger, that the said resolution be
t
adopted as read, and all voting in favor thereof, President Lemmon declared the
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said resolution duly passed and adopted..
Alderman Fox introduced a resolution authorizing the Public Utility
Board to enter into contract with Alvin E. Benike, which was read. •
Upon motion by Kennedy, 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 Fox introduced a resolution authorizing the Public Utility •
Board to enter into contract with the Superior Sales & Service Company, which was,
read.
Upon motion by Kjerner, second.by Akenhead, 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 appropriating $390.00 from the
Fire Protection Fund and ordering payment made to D. R. Bentzen for fire hose,
which was read.
Upon motion by Kennedy, second -by Akenhead, 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 ordering a hearing on the levying
of special assessments for the grading of 13th Avenue Northeast from loth to loth.
Street Northeast, 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 Fox introduced a resolution ordering a hearing on the levying
of special assessments for the grading of 15th Avenue Northeast from 9th to loth
Street Northeast, which was read.
Upon motion by Akenhead, 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 Yaeger introduced a resolution ordering a hearing on the levying •
of special assessments for the grading in Indian Heights, 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 Yaeger introduced a resolution ordering a hearing on the levying
of special assessments for the construction of a sanitary.sewer, watermain and
,the grading in 14th Avenue Northeast from 9th to loth Street Northeast, which
was read.
Upon motion by Kennedy, second by Fox, that the said resolution be
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October 20, 1947
adopted as read, and all voting in favor.thereof, President Lemmon declared the
said resolution duly passed and adopted.
• Alderman Yaeger.introduced a resolution ordering a hearing on the levyia
of:special assessments for the construction of a sanitary sewer and watermain in
4th Street Northeast to service Lots 5, 6, 7 and 8, Boutelle's First Sub-Di.vis.ion,
whi.eh was. read.
• I 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
aid resolution duly passed and adopted.
Alderman Yaeger introduced a.res_olution ordering a hearing on the levy.ir.
f special assessments for the construction of a sanitary sewer and watermain in
loth Avenue Northeast from 5th Street to 183 .feet North, 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 Yaeger introduced a resolution ordering a hearing on the levyia
f special.assessments for the construction of a sanitary sewer and-watermain in
th Street Southeast from 12th to 13th Avenue Southeast, which was read.
Upon motion by Akenhead, second by Kjerner, that the said resolution be
dopted as read, and all voting in favor thereof, President Lemmon declared the
aid resolution duly passed.and adopted.
The following claims were read and upon motion by Yaeger, second by
ennedy, the same were approved and the Mayor and City Clerk were authorized and
'directed to draw warrants on the City Treasurer and make payments accordingly:
From the General Fund: General Electric Company, $29.09; Blueprint
Supply Co. , $37.50; Chicago Great Western Ry. Co., $5.00; Frances L. Underleak,
$175.00; The Municipal Year Book, $9.00; H. A. Rogers Co. , $6.60; Chicago & N. [9.
Ry..Co., $92.50; Rochester Plumbing & Heating, $30.20; Chicago Great Western Ry.
Co-, $5.00; Mayo Civic Auditorium, $33.50; E. M. Bronson, $15.00; Ken's Fixit Shop
$12.75; E. M. Bronson, $43.75; Kruger's Woodwork Shop, $99.31; Jones & Schmelzer,
• $153.55; Otis Elevator Co., $13.00; Rochester Plumbing & Heating Co., $3,55;
I. W. Bell Telephone Co., $19.00; H & H Electric Company, $19.42; Waiter L.
ISchwanke, $6.00; Nu -Ball Mfg. Co., $15.65; T. 0. Wellner, M. D. , $36. 50; The
Rochester Visitor, $10.00; Lawler's Rug Cleaning & Upholstering Dept., $20.00;
• Harry Stai, $2.60; Montgomery Ward Co., $15.65; Eastman Kodak Stores, $22.27;
From the Street & Alley Fund: Rundell Lumber & Fuel Co., $10.92;
Botsford Lumber Co., $9..18; Art Mitchell, $6. 50; Witte Transportation Co., $3. 41;
Rochester Airport, $13.15; The Pure Oil Company, $6.75; Quarve & Anderson, $169.75
Wm. H. Ziegler Co., $46.00; Dodge Lumber & Fuel Company, $45.45; Twin City Testing
& Engineering Co. , -$18.00;. Fullerton Lumber Co., $17.64; Minneapolis Equipment
Co., $143.07; Socony Vacuum Oil Co., $21.60; Gopher Welding Supply Co., $10.05;
Nicola, Dean & Gregg, $3.76.
From the Sewer Fund: Botsford Lumber Co., $5.58; Peoples Natural Gas
Co., $.75; City of Rochester, Public Utilities. $65.94; Dodge Lumber & Fuel Co.,
$41.95.
From the Fire Protection Fund: Gopher Welding Supply Co.., $28.34; E.T.
Watkins Electric Co., $1.58; Sherwin Williams, $3..50; Rochester Paper Supply,
$14.70; The Sanitary Company, $1.20; Filmack Corp., $21.22; H. 0. Thorhoug,
$60,00; United Chemical Company, Inc., $17..65; Nicola, Dean 7 Gregg, $105.62;
Goodman's, Phillips 11661, Products, $195.55-
From the Bridge Fund: Sherwin Williams Co., $8.85.
-From the Lighting Fund: City of Rochester, Public Utilities, $3.10.
Acting Chief of Police, Arnold M. Nelson, inquired as to whether or not
the new parking lot was included in the one hour parking zone. City Attorney
"Hunt stated that he did not believe that the parking ordinance provided for one
hour parking on the lot. Upon motion by Kennedy, second by Yaeger, the City
Attorney was instructed to prepare an amendment to the parking ordinance providing
for one hour parking in the new parking lot, also on both sides of 1st Avenue
Southeast between Center Street and 1st Street Southeast and on Center Street
from Broadway to 2nd Avenue Southeast.
Upon motion by Kennedy, second by Fox, $199.00 was appropriated from
the General Fund and ordered paid to the Mayor s Contingent Fund.
President Lemmon stated that he wished to have a definite ruling from
the Attorney General as to what power he had as presiding office of the Common
Council of the City of Rochester. Upon motion by -Kennedy, second by Akenhead,
the City Attorney was instructed to request a ruling from the Attorney General
on the matter.
Upon motion by Yaeger, second by Kennedy, the meeting was adjourned.
,City Clerk
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