HomeMy WebLinkAbout11-03-1947401
November 3, 1947
Minutes of a regular meeting of the Common Council of the City of
Rochester, Minnesota, held in the Council Chambers in the City Hall in said City,
• on November 3, 1947.
President Lemmon called the meeting to order at 2:00 o'clock P.M., the
following members being present: President Lemmon, Aldermen Akenhead, Fox, Fryer,
Kennedy and Kjerner. Absent: Alderman Yaeger, due to illness.
Upon motion by Kjerner, second by Akenhead the idinutes of the meeting o
October 20, 1947 were approved.
President Lemmon stated this as being the time and place set for a
I' on the levying of special assessments for the construction of a sanitary
r fewer and watermain and the grading of 14th Avenue Northeast from 9th to 10th
Street Northeast. There was no one present, wishing to be heard.
President Lemmon stated this as being the time and place set for a
fearing on the levying of special assessments for the construction of a sanitary
fewer and watermain in 6th Street Southeast from 12th to 13th Avenue Southeast.
There was no one present wishing to be heard.
IIPresident Lemmon stated this as being the time and place set for a
hearing on the levying of special assessments for the construction of a sanitary
sewer and watermain in loth Avenue Northeast from 5th Street to 183 fe.et North.
There was no one present wishing to be heard.
President Lemmon stated this as being the time and place set for a
hearing on the levying of special assessments for the construction of a sanitary
sewer and watermain in 4th Street Northeast to service Lots 5, 6, 7 and S in
Boutelle's First Sub -Division. There was no one present wishing to be heard.
President Lemmon stated this as being the time and place set for a
hearing on the levying of special assessments for the grading of streets and
avenues in Indian Heights. There was no one present wishing to be heard.
President Lemmon stated this as being the time and place set for a
hearing on the levying of special assessments for the grading of 15th Avenue
Northeast from 9th to loth Street.Northeast. There was no one present wishing toi
• be heard.
President Lemmon stated this as being the time and place set for a
hearing on the levying of special assessments for the grading of 13th Avenue
Northeast from loth Street to 14th Street Northeast. There was no one present
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• wishing to be heard.
President Lemmon stated this as being the time and place set for a
ghearing on the levying of special assessments for the construction of a curb and
utter on loth Street Northwest from North Broadwayto 2n A
d venue Northwest. Ther,
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was„,:no one present wishing to be heard.
President Lemmon stated this as being the time and place set for a
hearing on the levying of special assessments for the construction of a curb and
gutter on 6th Avenue Southwest from 7th Street to 9th Street Southwest. There was
no one present wishing to be heard. •
President 'Lemmon stated this as being the time and place set for 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.
There was no one present wishing to be heard. •
President Lemmon stated this as being the'time and place set for a
hearing on the levying of special assessments for the construction of a curb and
gutter on Sth Avenue Southeast from 6th Street to 9th Street Southeast. There was
no one present wishing to be heard.
President Lemmon stated this as being the time and place set for a
hearing on the levying of special assessments for the construction of a curb and
gutter on 7th Avenue Southeast from 9th to 12th Street Southeast. 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 construction of a sanitary sewer and watermain and the
grading of 12th Avenue Northeast, North of 14th Street Northeast 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
first hearing on the construction of a sanitary sewer and watermain and the grading
of llth Avenue Southeast from 225 feet South of 7th Street Southeast to 555 feet
South of 7th Street Southeast. There was no one present wishing to be heard.
A communication from the Izaak Walton League recommending that the
Common Council make some provision in the tax levy to save Silver Lake by removing
,the silt which is now filling the lake was read and the same was ordered placed on'
file.
A letter from Mrs. James N. Taft asking that assessments previously
levied in Indian Heights be distributed to the various lots in Blocks 3 and 4
which were recently platted was read and the same was ordered placed on file. •
A notice from Frances L. Underleak, County Auditor, that on July 14,
1947, the County Board had adopted a resolution directing her to cause to have a
plat made of all unplatted lands in the Northwest quarter (NWJ) of Section
35,
Township 107, Range 14 ( lying south and east of Manley's Sub -Division) was read •
and the same was ordered placed on file.
The request of Rochester Lodge 1091, B.P.O.E. to operate a bingo game on
November 5th and l9th, 1947 was read and the same was ordered placed on file.
A petition for the construction of a curb and gutter on Sth Avenue
Southeast from 12th to lath Streets Southeast was read and the same was referred
to the Street & Alley Committee.
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November 3, 1947
A petition for the construction of a sanitary sewer and watermain and
the grading on 16th and''17th Avenue Northeast and loth Street Northeast in Blocks)
1, 2 and 3 in Minerls Heights was read and upon motion by Fryer, second by
Kennedy, the City Engineer was instructed to prepare plans and specifications for
the requested project.
A deed to the City of Rochester by the Chicago and Northwestern Railway.
Company covering the following described real estate was read and upon motion by
Fryer, second by Akenhead, the same was accepted and the City Clerk was instructei
to have the said deed recorded in the office of the Register of Deeds:
All that part of Lots One (1) , Two (2) and Three (3) in Block
nBH, in the Subdivision of Block Seventy -Five (75) of the
Original Town(now City) .of Rochester, bounded and described as
follows, to -wit: Beginning at'a point in the south line of said
Block."B" distant One Hundred Thirty -Two and Fifty -Four One -
Hundredths (132.54) feet east of the southwest corner thereof;
thence North One Degree, Nineteen Minutes (10191) East, One -
Hundred Forty Three and Sixty Four One Hundredths (143.64)' feet,
more or less, to the easterly line of said Block "Bit; thence
Southeasterly along the easterly line of said Block "B" to the
Southeast corner thereof; thence West along the south line of said
Block uB" a. distance of Seventy -Seven and Forty-Six•One- Hundredths
(77.46) feet, more or less to the -.point of beginning.
ALSO, all of Lots One ( 1) , Two (2), Three (3) and Four
and that part of Lots Five (5) and tight (8) in Bbck Sixty -Three
(63) in said Original -Town (now City) of Rochester, together with
that part of the East and West alley (as originally platted) in
said block lying easterly of the following described boundary line;
Beginning at a point in the north line of said Lot Five (5) distant
Eleven and Eleven One -Hundredths (11.11) feet west of the northeast
corner of said Lot Five (5); thence southerly in a straight line
passing through a point Fourteen and Fifty -Five One -Hundredths
(14.55) feet west of the northeast corner of said Lot Eight (8) and
extending to a point Thirty -Three and Twenty -Nine One Hundredths
(33.29) feet southerly from the north line of said Lot Eight (8)
thence southeasterly in a straight line to a point in the south
line of said Lot Eight (8) which is Eight and Seventy -Seven One -
Hundredths (8.77) feet west of the southeast corner of said Lot
Eight (8);
ALSO, those parts of Lots Three (3), Four (4), Five (5), Six (6)
Seven (7) and Eight (8), together with a part of the north and
south alley (as Originally platted) in Block Sixty -Two (62) in
said Original Town (now City) of Rochester, bounded and described
as follows, to -wit: Beginning at the, northwest corner of Lot Six
(6), in said Block Sixty -Two (62); thence West.along the North
line of said Block Sixty -Two (62) a distance of Forty -Three and
Sixty Four One -Hundredths (43.64) feet; thence South Twenty -Two
Degrees, Twenty -Two Minutes (220221) East, One Hundred Fourteen
and Eighty -Two One -Hundredths (114.92) feet to a point; thence
South Thirty -Six Degrees, Eleven Minutes (360111) East, Sixty -
Nine and Forty One -Hundredths (69.-40) feet, more or less, to a
point distant One Hundred (100) feet northeasterly, measured at,
right angles from the center line of the main track of the
Rochester -Winona Line of the Chicago and North Western Railway
Company as said track is now located and established; thence
-South Seventy -Three Degrees, Twenty -Seven Minutes (730271) East
parallel with said Railway Center line Thirty -One and Eighty -
Nine One -Hundredths (31.99) feet, more or less to a point in a
straight line drawn from the northwest corner of said Lot Six (6)
to a point in the south line of said Block Sixty -Two distant
Thirty (30) feet west of the southeast corner.. of said Block
Sixty-Two(62); running thence North Twenty -Two Degrees Thirty -
Nine Minutes (220391) West along said last mentioned line a
distance of One Hundred Eighty Five and Sixty One -Hundredths
(185.60) feet, more or less, to the point of beginning."
A letter from the Public Utility Board transmitting a letter of approval
from the Board of Park Commissioners for the drilling of a well in Soldiers Field
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November 3. 1947
and asking the approval of the Common Council was read. Upon motion by Fryer,
second by Kjerner, the drilling of the well was approved.
The following resolution adopted by the Public Utility Board was read •
and the same was ordered placed on file:
"Whereas, numerous contracts for the new SILVER LAKE PLANT
have been awarded by the Public Utility Board totaling approx-
imately ONE MILLION ONE HUNDRED THIRTY THOUSAND DOLLARS
($1,130,000.00) as of the date of the adoption of this
resolution and after deducting the amounts already paid on •
said contracts, and
WHEREAS, most contracts involved carry an escalator clause
limited to twenty per cent of seventy per cent of the price
total, and
WHEREAS, the Public Utility Board is of the opinion that
escalation will approximate the maximum, and
WHEREAS, several contracts for building supersturcture
piping and other contracts are still to be awarded, the estimate
of same being in doubt due to existing conditions, and
WHEREAS, materials are arriving under contracts awarded
upon which payments are mandatory under contract.but due to
uncertainties existing the time of said material arrivals and
payments are indefinite, anid
WHEREAS,.funds are available in the Sinking Fund for
Electric Department Depreciation Reserve and the Sinking Fund
for Electric Department extensions, invested and uninvested,
THEREFORE, be it and it is hereby resolved by the Public
Utility Board of the City of Rochester, Minnesota that the
Honorable Common Council be and is hereby requested to
authorize the Sinking Fund Commission to make funds available
as needed and make appropriations when needed and when requested in
writing by the Public Utility Board in order that obligations
of the said Board in connection with the completion of the Silver
Lake Plant be met in accordance with 'Terms of Payment' as
stipulated in contracts now in effect and to be entered tinto
by the said Board."
The recommendation of the Board of Zoning that the petition of Marie
Erickson to operate a beauty parlor at 1225 Seventh Avenue Southeast be denied
was read and upon motion by Fryer, second by Kjerner, the recommendation was
approved.
The recommendations of the Street & Alley Committee that an Industrial
Type Tractor be purchased for use in the City Engineer's Department;.that a
Street Sweeper be purchased for use in the City Engineer's Department; that 2
Dump Trucks be purchased for use in the City Engineer's Department and that a
Material Spreader be purchased for use in the City Engineer's Department, were
each read and upon motion by Akenhead, second by Kjerner, the recommendations were,
+approved. •
The City Engineer's preliminary estimate of cost of construction of a
Channel Change in Bear Creek through Slatterly Park from Sth Street to loth Street'I
Southeast was read and upon motion by Fr er, second bey Kjjerner, the same was
�he Citj EjjiReer wasiRhstructded to pto the St a Department of Conservation or a u rm o change . a sa Cree � � nnel •
order-e&'placed on file, and the City Clerk was instructed to advertise for bids.
The following notice of appointment of Harold M. Fitzpatrick as Chief
of Police was read and upon motion by Kennedy, second by Fryer, the .appointment
was approved, all voted in favor thereof except Alderman Fox who voted "no".
"To the Honorable Mayor and
Members of the Common Council
City of Rochester
Gentlemen
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At a meeting of the Police Civil Service Commission held at
9 A.M. Sunday, November 2, 1947 a motion was made by Mr.
Harold Stewart, seconded by Mr. J. J. Adamson, to certify
H. M. Fitzpatrick to the office of Chief of Police effective
as of Nov. 4, 1947. Adamson and Stewart voting in favor
thereof and Toddie voting "No".
Respectfully,
Albert J. Toddie
Secretary Police Civil Service Com.'!
The resignation of Albert J. Toddie as a member of the Rochester Police
Civil Service Co-mmission *was read and upon motion by Kjerner, second by Fax, the
same was accented.
A petition to have the lots on the South side of 6t.h Street Southwest
and the West side of 2nd Avenue Southwest in'Block 98, in the Original Plat of
the City of Rochester changed from a residential to a commercial zone was read
and upon motion by Kennedy, secbnd by Kjerner, the same was referred to the Board
of Zoning.
A protest against the construction of a dwelling larger than a duplex
at the corner -of 4th Avenue and 7th Street Southeast was read. After hearing Mr.
Crawford, who represented Mr. Blackburn owner of'the property, and those opposed
to the construction of an apartment house; the matter was again referred to the
Board. of Zoning.
A resolution adopted by the Board of Park Commissioners petitioning the
Co"mmon Council to take immediate steps to acquire the following described real
estate in Northwest Rochester for park purposes was -read and the same was referrer
to the Public Grounds Committee to meet with the Board of Park Commissioners and
report to the Council at a later meeting:
RA tract- of- land in the NWJ of Section 35-107-14,
lying between Seventh Street N.W.-and the Chicago
and Northwestern Railroad tracks and east of the Rochester
Silo Company Lands, to be known and designated as
Outlot +1, Cooks Subdivision, Rochester, Minnesota
(Roughly 500 feet east and west and 550 feet north
and south)."
The reports of the Clerk of the Municipal Court for the week ended
October 25, 1947 showing total criminal fines and costs collected, $670.00, civil
fees received $.50 and conciliation court fees $1.00 and for the week ended
November 1, 1947 whowing total criminal fines and costs collected $554.55, civil
fees received $.25 and conciliation court fees $.50, were each read and having
been previoulsy apporved by the City Attorney, President Lemmon ordered that the
same be placed on file.
The reports of the Building Inspector for the month of October, 1947
showing receipts received in the amount of $772.00, of the Electrical Inspector
for the month of October, 1947 showing receipts received in the amount of $133.50
of the Heating Inspector for the month of October, 1947 showing receipts received
in the amount of $94.50, and of the Plumbing Inspector for the month of October,
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1947 showing receipts received in the amount of $393.00, were each read and
President Lemmon referred the same to the Finance Committee.
The applications for cigarette licenses of Mamie DeJohn and Violet L. •
Satori, Ted C. Tennyson, Alfred Banick, T. A. Heimer and John S. McNiff were
each read and upon motion by Kjerner, second by Fox, the licenses were granted.
The applications for license to sell soft drinks of Alfred Banick,
Mamie DeJohn and Violet Satori and Ted C. Tennyson, were each read and upon motion •
by Akenhead, second by Fryer,, the licenses were granted.
The application of John R. Brodan for a permit to place and maintain a
sign was read and upon motion by Fryer, second by Kjerner, the permit was granted.
The application for the transfer of "On Sale" Non- Intoxicating Malt
Liquor License No. 593 from George Webb to Alfred Banick was read and upon motion
by Fryer, second by Fox, the transfer was granted.
The applicatiors of the Vet's Cab Company for transfer of taxicab license
No. 59 from a 1941 Buick Car to a 1940 5 passenger 4 door car and taxicab license'
No. 55 from a 1940 Fordore Sedan Lincoln to a Hudson Model 1946 Fordor Sedan, were
each read and upon motion by Fox, second by Kjerner, the transfers were granted.
The applications of Tom Connolly for a Journeyman Plumber's License and
a Journeyman Heating Workers' and'Steam Fitter's License, were each read and upon
motion by Kjerner, second by Kennedy, the licenses were granted.
The two surety bonds of Elmer. C. Johnson each in the amount of $1,000,00
with the Aetna Surety and Casualty Company as surety were each read and upon motio n
by Akenhead, second by Kjerner, the bonds were approved, the surety thereon was
accepted, and it was ordered that the same be placed on file.
Upon motion by Kennedy, second by Fox, Mr. M: J. Fairley was appointed
as Plumbing & Heating Inspector to hold office until the second Monday in April,
194s.
Alderman Fryer introduced a resolution appropriating $6,999.20 from the
Park Improvement Fund and ordering payment made to t1re Mayo Civic Auditorium
Revolving Fund, which was read.
Upon motion by Fryer, 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 $2,996.11 from the
Park Improvement Fund and ordering payment made to E. A. Briese, County Treasurer •
for taxes on part of Lots 6, 7 and g. Block 10, Original Plat, 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.
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November 3, 1947
Alderman Fryer introduced a resolution appropriating $288.90 from the
Park Improvement Fund and ordering payment made to Old Dutch Foods for supplies
for concession stands, which was read.
Upon motion by Fox, 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.
Alder,.►_an Fryer introduced a resolution appropriating $305.35 from the
Park Improvement Fund and ordering payment made to Jones & Schmelzer for stock
and mailing"enevlopes for Auditorium booklets, 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 Fryer introduced a resolution appropriating 408.76_from the
P ark Improvement Fund and ordering payment made to Reynolds Wholesale Company for
merchandise for concession stands, 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 Fryer introduced a resolution appropriating $224.98 from the
Park Improvement Fund and ordering payment made to. William M. Van Hook for
traveling expense to convention of American Institute of Park Executives which
was read.
Upon motion by Fryer, 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.Fryer introduced a resolution levying special assessments for
sanitary sewer and watermain in loth Ave. N. E. from 5th Street N. E. to 183 feet
orth, which was read.
Upon motion by Kennedy, second by Fryer, that the said resolution be
dopted as read, and all voting in favor thereof, President Lemmon declared the
aid resolution duly passed and adopted.
Alderman Fryer introduced a resolution levying special assessments for a
anitary sewer and watermain in 6th Street Southeast from 12th to 13th Avenue
outheast, which was read.
Upon motion by Kennedy, 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.
Alderman Fryer introduced a resol,4tion levying special assessments for a
anitary sewer and watermain in 4th Street Northeast to service Lots 5, 6, 7 and S.
but.e1le's Addition, which was read.
November 3, 1947
Upon motion by Akenehead, second by Kennedy, that the said resolution be
adopted as read, and all voting in favor thereof, Prest3dent Lemmon declared the
said resolution duly passed and adopted.
Alderman Fryer introduced a resolution levying special assessments for
grading of streets in Indian Heights, which was read.
Upon motion by Fryer, second by -Fox, that the said resolution be
adoptee'as read, and all voting in favor thereof, President Lemmon declared the
said resolution duly passed and adopted.
Alderman Akenhead introduced a resolution levying special assessments
for the grading of 13th Avenue Northeast from loth to 14th Street Northeast, which
was read.
Upon motion by Kennedy, 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
said resolution duly passed and adopted.
Alderman Kennedy introduced a resolution levying special assessments
for a curb and gutter on 9th Avenue Northeast from East Center Street to 5th
Street Northeast, 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 levying special assessments
'for the grading of 15th Avenue Northeast from 9th to loth Street Northeast, 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 Kennedy introduced a resolution levying special assessments
for a curb and gutter on 8th Avenue Southeast from 6th to 9th Street Southeast,
which was read.
Upon motion by Akenhead, 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 levying special assessments
for curb and gutter on loth Street Northwest from North Broadway to 2nd Avenue
Northwest, 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 levying special assessments for�'
curb and gutter on 6th Avenue Southwest from 7t1i to 9th Street Southwest which was
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read.
Upon motion by Fryer, 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 levying special assessments fo
a curb and gutter on 7th Avenue Southeast. from 9th to 12th Street Southeast, whi
was read. -
Upon motion by Akenhead, 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 construction of a sanitary sewer and watermain
in 13th Avenue Southeast from 4th to 6th Street Southeast, which was read.
Upon motion by Fryer, 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 construction of a watermain in loth Street
Southeast from 9th to llth Street Southeast, 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 Kennedy introduceda resolution ordering a hearing on the
Levying of special assessments for construction of a curb and gutter on theeast
ide of 5th Avenue Northwest from Center Street to 1st Street Northwest, which was
ea d.
Upon motion by Fox, 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.
Alderman Akenhead introduced a resolution ordering a hearing on the
evying of special assessments for the grading of 8th Avenue Northwest from 14th
treet to 395 feet North, which was read.
x II Upon motion by Fox, second by Kennedy, that the said resolution be
Iladopted as read, and all voting in favor thereof, President Lemmon declared the
• said resolution duly passed and adopted.
Alderman Akenhead introduced a resolution approving'a, resolution adopted
4" by the Public Utility Fund requesting transfer of reserve funds, which was read.
Upon motion by Fryer,.second by Fox, that the said resolution be
Ladopted as read, and all voting in favor thereof, President Lemmon declared the
aid resolution duly as - ' II y passed and adopted.
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Alderman-Akenhead introduced a resolution levying special assessments
for a sanitary sewer and watermain in loth Avenue Northeast from 9th 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 Akenhead introduced a resolution levying special assessments •
for the grading of 14th Avenue Northeast from 9th to loth Street Northeast, 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 Akenhead introduced a resolution granting a public dance permit
to Air Reserve Association, Rochester Chapter; --which was read.
Upon motion by Fryer, 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 Akenhead introduced a resolution granting five public dance
permits to Archie Dieter, 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 $593.68 from the
General Fund and ordering payment made to the Standard Oil Company for cutback
asphalt, 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 Akenhead introduced a resolution appropriating $249.65 from the,
General Fund and ordering payment made to Chicago Great Western Ry. Company for �
freight on cutback asphalt, 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 Akenhead introduced a resolution appropriating $95.20 from the
General Fund and $376.00 from the Street & Alley Fund for gravel, which was read.
Upon motion by Fryer, second by Fox, that the said resolution be
adopted as read, and all voting in favor thereof, President Lemmon declared the
said resolution dulypassed and adopted.
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November 3. 194
Alderman Kjerner introduced a resolution appropriating $201.12 from the
General Fund, $2.00 from the Street & Alley Fund, $11.25 from the Fire _Pro t.ectior,
Fund and $3968.78 from -the Lighting Fund and ordering payment made to the City of
Rochester, Public Utilities, 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 Kjerner introduced a resolution appropriating $9,909.11 from
t'he Street & Alley Fund and ordering payment made to Fielding & Shepley, Inc.
for estimate No. 1 for resurfacing streets and alleys in the City of Rochester,
which' was read.
Upon motion by Kjerner, second by,Kennedy, that the said resolution be
adopted as read, and all v.o•ting in favor thereof, President Lemmon declared the
said -resolution duly passed and adopted.
Alderman Kjerner introduced a resolution appropriating $394- 70 from the
Street & Alley Fund and ordering payment made to Rochester Ready Mix Concrete.Co..
for cement, which was read.
Upon motion by Akenhead, second by Fryer, that the said resolution -be
adopted as read, andall voting in favor thereof, President Lemmon declared the
said resolution duly passed and adopted.
Alderman Kjerner introduced a resolution appropriating $367.50 from the
Street & Alley Fund and -ordering payment made to Gordon Winslow Company for
construction of sidewalks, which was read.
Upon motion by Kennedy, second by Akenhead, that the said resolution be
dopted as read, and all voting in favor thereof, President Lemmon declared the
aid resolution duly passed and adopted.
Alderman Kjerner introduced a resolution appropriating $903.56 from the
.I.R. Fund and ordering payment made to C. M. Boutelle for estimate No. 1 for
nstallation of a curb and gutter on the East side of 5th Avenue Northwest from
enter Street to 1st Street Northwest, which was read.
, Upon motion by Fryer, 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.
Alderman Kjerner introduced a resolution appropriating $1,749.24 from thi
'.I.R. Fund and ordering payment made to Carlisle G. Fraser for estimate No. 1 for
.nstallation of a sanitary sewer in 13th Avenue Southeast from 4th to 6th Street
;outheast, which was read.
Upon motion by Kennedy, second by Fryer, that the said resolution be
iopted as read, and all voting in favor thereof, President Lemmon declared the
aid resolution duly passed and adopted.
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Alderman Kjerner introduced a resolution appropriating $1,723.38 from
the P.I.R. Fund and ordering payment made to Carlisle G. Fraser -for estimate No. 1
for installation of a watermain in 13th.Avenue Southeast from 4th'to 6th 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.
Alderman Kjerner introduced a resolution appropriating $2,427.49 from
the P.I.R. Fund and ordering payment made to Carlisle G. Fraser for estimate No. 1
for installation of a watermain in 10th--Street Southeast from 9th to llth Avenue
Southeast, which was read.
Upon motion by Kjerner, 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 Kjerner introduced a resolution appropriating $399.70 from the
P.I.R. Fund and ordering payment made to C. M. Boutelle for 5% retained for
repaving alley in Block 20, Moe & Olds Addition and in'Mill Reservation, which was
read.
Upon motion by Fryer, second by Fox, that the said resolution be adopted
as read, and all voting in favor thereof, .'resident Lemmon declared the said
resolution duly passed and adopted.
Alderman Kjerner introduced a resolution appropriating $347.95 from the
P.I.R. Fund and ordering payment made to'The Gordon Winslow Qompany for 5%
retained on curb and gutter in 9th Avenue Northeast from Center Street to 5th
Street Northeast, which was read.
Upon motion by Akenhead, 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 adopt'ed.'
Alderman Fox introduced a resolution appropriating $396.88 from the
Sewer Fund and ordering payment made to Herbert G. Knopp for insurance at Sewage
Disposal Plant, 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 appropriating
$2,758.67 from
the
•
Park Improvement Fund
and ordering payment made to the Mayo
Civic Auditorium
Revolving Fund to reimburse
revolving fund, which was read.
Upon motion
by Akenhead, 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.
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Alderman Fox introduced a resolution appropriating $3,966.99 from the
Park Improvement ,'Fund and ordering payment made to Collector of Internal Revenue
for admission taxes collected during October, 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 Fox introduced a resolution adopting specifications and ordering
bids for the furnishing of an Industrial Type Tractor for use in the City Engineer's
, Department , which was read. II
Upon. motion by Akenhead, 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 adopting specifications and orderir
bids for the furnishing of two dump trucks for use i'n the City Engineer's
Department, which was read.
Upon motion by Fryer, 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 adopting specifications and orderir
bids for the furnishing of a material spreader for use in the City Engineer's
Department,.which•was read.
-Upon motion by Kennedy, second by Fryer, that the said resolution be
dopted as read, and all voting in favor thereof," President Lemmon declared the
said resolution duly passed and adopted.
U
Alderm-an Fox introduced a resolution adopting specifications and orderinj
)ids for the furnishing of a street sweeper for use in the City Engineer's
Department, which was read*
Upon motion by Akenhead, second by Kerner, that t J , he said resolution be
i
Ildopted as read, and all voting in favor thereof, President Lemmon declared the
said resolution duly passed and adopted.
Alderman Fox introduced a resolution appropriating $928.34-from the
Street &,Alley Fund and ordering payment made to C. M.'Boutelle for construction
of sidewalks, 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 Kennedy introduced a resolution ordering plans, s-oecification;
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profile and estimate of cost and 2nd hearing on construction of a sanitary sewer
t
nd watermain and grading of llth Avenue Southeast from 225 feet South of 7th
Street Southeast to
.555 feet South of 7th Street Southeast, which was read.
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Upon motion by Fryer, 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 accepting plans and specifications
and ordering bids for construction of a sanitary sewer and watermain and grading
of 12th Avenue Northeast, North of 14th Street Northeast in DuVille Addition,
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 accepting plans and specifications
-and ordering bids for construction of a sanitary sewer and watermain and grading
of llth Avenue Southeast from 225 feet South of 7th Street Southeast to 555 feet
,South of 7th Street Southeast, which was read.
Upon motion by Fryer, 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.
The following claims were read and upon motion by Kennedy, second by
Fryer, 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: Y. W. Bell Telephone Co., $116.48; H. C. Leipsner
Co., $4.11; Whiting Press, Inc., $4. 85; Peoples Natural Gas Company, $17.73;
Keuffel & Esser, $92.18; M. F. Little, Register of Deeds, $1.00; Chicago Dreat
Western Ry. Co., $7.80; M. F. Little, Register of Deeds, $2.00; • F. M. Feldman,
$23.00; M. R. Little, Register of Deeds, $7.00; Keuffel & Esser,
_ $3.30; B. Amundsen;
$26.58; City of Rochester, Public Utilities, $126.45; R. C. Drips Grocer Company,
$54.15; J. I. Holcomb Mfg. Co., $9. 25; Ivan Boyd, $59.00; Harry Loucks, $58.00;
Paul Sandberg, $58.00; N. W. University Traffic Institute, $125.00; Eastman Kodak
Stores, $24.37; Boynton Hagaman, $40.00.
From the Street & Alley Fund: Quarve & Anderson, $105.00; Dunn Sand &
Gravel Co., $156.00; Gordon Winslow Co., $11.00; Gordon Winslow Co., $59.45; •
Clements Chevrolet Co., $14.48; Arthur A. Hirman Agency, $47.09; Gordon C. Kilbor n
Company, $42.40; Osterud Agency, Inc., $47.40.
From the Sewer Fund: Carlisle G. Fraser, $193.90; N. W. Bell Telephone
Co., $6.50. •
From the P.I.R. Fund: Carlisle G. Fraser, $132.51; Carlisle G. Fraser,
$120. 05.
From the Park Improvement Fund: Burroughs Adding Machine Co., $13.50;
R. C. Drips Grocer Co., $190.00; Reynolds Wholesale Co., $37.95; Pine Island
Record, $1.75; Coca Cola Bottling Co., $119.00; Velie Ryan, Inc-, $118.71;. Northwest
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November 3, 194
Publications, Inc., $20.90; Addressograph Sales Agency, $15.59; Ratel Company,
$4. 90; Reynolds Wholesale Co., $44.40; Sanitary Products Co., $65.00; B. E. Darby
& Sons, $9.92; Lake City Graphic, $4.00; Kruse Company, $51.59; Globe Ticket Co.,
$4.2.45; Rochester Bread Co., $1.50; Adams Book Store, $.25; N. W. Bell Telephone
Co., $39.66; Baihlyls Cash Market, $46.49; Montels Gift Shop
, $6. SO ; Rochester
Ice & Fuel Company, $1.3.00; Hayfield Herald, $1.50; Zumbrota News, $1.60;, Globe
Ticket Co., $186.99; Zumbrota News, $2.00; Railway Express Company, $5.19; Peoples
Natural Gas Co., $13.41; Rochester Visitor, $24.o0; Jones & Schmelzer Printing Col,
$16.75; Minnesota Fire Extinguisher Co., $77.00; Hayfield Herald, $1.40; Chatfield
News, $1.60; Spring Grove Herald, $1.20; Daily Republican Eagle, $7.56; Pine
Island Record, $1.60; Sears, Roebuck & Co., $6.96;.Mosing Engraving Service,
$6.60; Thiem Sign Co., $2.00; C. F. Massey Co., $1.77; H & H Electric Co., $2.05;
Art Mitchell, $2.00; Universal Motors, $14.16; Rochester State Hospital, $27.00;
R. L. Palm, $1.00; Peoples Natural Gas Co., $27.43; Marigold Dairies, $3.92; N.W.
Bell Telephone Co., $15.94; Adams Book Store, $1.15; City of Rochester, Public
Utilities, $62.10;' Allen Lloyd Company, $56.90; City of Rochester, Public Utilities,
$71.01; Alexander Auto Electric, $32.35; Rochester Bread Company, $10.35; Nelson
Tire Store, $14.28; Larson Welding Shop, $45.00; H & H Electric Co., $17..10;
Williams Printing, $20.00; E. T. Watkins Electric, $9. 20; Botsford Lumber Company,
$53.99; City of Rochester, Pub. Utilities, $4.29; Rochester Electric Co., $.53;
Kruse Company, $2.00; Jensen Hardware, $11.44; Coca Cola Bottling.Co., $95.16;
National Bushing & Parts, $7.02; Rochester. Bottling Company, $36.68; N. W. Bell
Telephone Co., $. 90; Peoples Natural Gas Company, $4.23; Rochester Dairy Coop.,
$52.18; Earl C. Brown, $16.00; S. J. Rutherford Co., $36.16 ; Sanitary Company,
$1..32; Toro Manufacturing Co., $14.14; Ratel Company, $1.50; Foster Electric Co.,
$35.29; Big Four Oil Company, $24.30; Chatfield News, $1.75; Walker .Larson, $23.79;
From the Lighting Fund; City of Rochester, Pub. Utilities, $83, 55•
An Ordinance amending an Ordinance entitled, "An Ordin=e for the
iurpose of promoting health, safety, order, convenience and general welfare by
egulating the us.e of land, the location, size, use and heighth of buildings, and
he arrangement of Buildings on lots and the density of population within the City
f Rochester, Minnesota, all in accordance with a comprehensive plan, as amended
y Ordinance No. 560n, was given its second reading.
An Ordinance licensing and regulating persons engaged in the business of
uilding or rebuilding concrete sidewalks, driveways and curb and gutter in the
treets, alleys and public grounds within the City of Rochester, Minnesota, was
iven its third and final reading.
A motion was made by Fryer, second by Kennedy, that the ordinance be not
Iidopted as read. All voted in favor thereof.
N >�
November 3, 194
An Ordinance amending an Ordinance entitled, "An Ordinance for the
purpose o•f promoting.health, safety, order; convenience and general welfare by
,regulating the use of land, the location; size, use and heighth of'buildings, and
the arrangement ,of .buildings on lots, and the density -of population within the
City of Rochester, Minnesota, all in accordance with a comprehensive plan, as -
amended by Ordinance No. 56011, was given its first reading.
An Ordinance amending an Ordinance entitled, "An Ordinance regulating
traffic, the operation and parking of vehicles, the -use of streets -for driveway
d•
entrances and designating arterial" highways in the City of Rochester, Minnesota",
was given its. fiist reading,"
Upon motion by Fryer, second by Kennedy, and upon roll call and all
voting in favor thereof, the rules were suspended'and the ordinance was given its
second reading.
Upon motion by Fryer, second by Fox, and upon roll call and all voting
in favor thereof, the rules were -suspended and the Ordinance wag given its third
,and final reading.
Upon motion by Fryer, second by Kennedy; that the said Ordinance be'
adopted as read, and all voting in favor thereof, President Lemmon declared the
said ordinance duly passed and adopted.
The matter of closing the .City. Hall on Ar-mis3tice Day, November 11', 1'947,
was discussed and upon motion by Kennedy, second by Fox, it was decided not to
close the city offices in the City Hall.
President Lemmon presented the followi4g opinion•concerning the powers
And duties of -the presiding,officer at a,me.et:ing•of the Common Council as submitted
by Desmond B. •Hunt, City.Attorney, and ordered -that the same be placed on file:
"Mr. John T. Lemmon
President of the Common Council
of the City of Rochester
Dear Mr. Lemmon:
At the last meeting of the Common Council, held on
October 20th, you inquired concerning the powers and duties
of the presiding officer at a meeting of the Common Council.
May I quote from the Charter of the City of Rochester.
Section 83 provides as follows:
"The Alderman at Large shall be the president
of the Common Council. In case of his absence from
any meeting of the Common Council, the other
members thereof present shall select one of their
number to act in his place, who shall be styled
"President protem of the Common Council". While so
acting he shall.hwe the same authority as the
Alderman at Large, were he present and acting as
the President and his acts shall have the same force
and validity."
and Section 84 makes this provision:
"The 'President' or, in his absence, the
'President protem', shall preside -at the meetings
of .the Common Council and shall possess all the
powers usually vested in the presiding officers
of similar bodies, but shall have not vote therein,
except a casting vote in the case of a tie."
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Under Section 94 the question might arise only as to
what the powers usually vested in the presiding officer
of similar bodies might consist of. The fact that he is
authorized to preside enables him, of course, to open
meetings, to recognize speakers and td exercise such other
powers as would enable the body to proceed in an orderly
and business -like fashion. The question appears to be over
the presiding officer's power to enforce his rulings. There
are very few cases that have ever come to the attention of
the Supreme -Court of this.or any other state which bear
directly upon the powers of the presiding officerto call
upon a law enforcing official to enforce his orders. We
_have this statement in Mcquillin on Municipal Sorporations,
Second Edition, Volume 2, Secti-on 616, which provides as
follows:
"It is always the duty of the presiding
officer -to enforce t.he- -law or rules applicable
to th=e body, ke"--'order, and to follow the
course of the- p- roce.edings. "
That section cites the case of Parsons and Hall vs. Brainard
in New York Common Law Reports (Wendell), page.622. Briefly,
the case was this. Confusion and disorder developed at a
town meeting. The presiding.officer directed a constable to
remove the offender.f rom the room. This was done. In an
action -for assault brought against the presiding officer and
the constable enforcing his mandate, the Supreme Court of
New York said of the presiding officer and his powers:
"They have full authority to maintain regularity
and order and to enforce obedience to their,
lawful commands. The case called for a. prompt
exercise of their authority, and I can perceive
no objection in principle to the manner in which
it was exercised."
The case definitely outlines the power of a presiding officer
and states that the means.of maintaining order are left to the
discretion of the presiding officer. That authority in this
respect begins yi,th the opening gavel and closes upon the
adoption.of the motion to adjourn.
Yours very truly,
Desmond B. Hunt
City Attorney"
Upon motion by Fryer, second by Kennedy, the meeting was adjourned unti;
j5:00 o',clock P. M. on Monday, November 10, 1947.
eSX/ //_
City Clerk