HomeMy WebLinkAbout01-19-1948..46-7
January 19. 1949
Minutes of an adjourned regular meeting of tha Common Council of the
City of Rochester, Minnesota held in the Council Chambers in the City Hall, in sa
City on January 19, 1948.
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,
and Kjerner. Absent: Aldermen Kennedy and Yaeger.
Upon motion by Kjerner, second by Fox, .the minutes of the meetings of
• December 30, 1947 and January 5, 1949 were approved.._
A communication from the Hawthorne's Mens Club stating that Mr. Mark
Brataas, District Engineer for the Minnesota State Highway Department, had
presented the proposed new plan for the improvement of 1.2th Street Southeast
between. 3rd Avenue and Bear Creek at their club and that an action had been taken
recommending to the__ Common Council that the said proposed layout be accepted. Mr.
Ben Dunn$ President of the Hawthorne Men's Club, was present and urged that the
improvement be made as soon as possible. Mr. F1oyd.E. Plein was present at the
meeting and asked for information as to how cars could enter and leave his service
station. Mrs. David Dee was also present and stated that she thought the proposed
layout of the street improvement would interfere with customers entering their
service station property.
Alderman Fryer brought up the matter of 11no parking" signs being placed
on loth Street Southeast between 1st Avenue and 3rd Avenue. Mayor McQuillan
Ixplained that due to snow being plowed to each side of the street, the drive was
lery narrow and that he and the Chief of Police had,placed the "no narking" signs.
Ihe_matter was referred back to the Mayor, The Chief of Police and the Police
Committee.
The matter as to how many families were housed in residential property -
owned by Dr. Philip S. Loechler at 205 Tenth Street Southeast was brought to the
attention of the Council and upon motion by Fryer, second by Kjerner, the Building
Inspector was instructed to investigate and determine as to whether or not there
was a viola,tio,n of the Zoning Ordinance.
• The following resolution adopted by the Public Utility Board was read an(
the same was 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 General Electric Company'
• for the furnishing of one (1) FIXED STATION and three (3) MOBILE
STATIONS OF RADIO EQUIPMENT in accordance with specifications on
file and in accordance with their proposal, the total contract
price of the said equipment to be THREE THOUSAND SIX HUNDRED
NINETY THREE DOLLARS AND SEVENTY FOUR CENTS ( $3693. 74) and the
said General Electric Company being the only bidder complying
with specifications."
The recommendation of the Street & Alley Committee that the Minn esota
Department of Highways be requested to prepare construction plans for the paving
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'Iof 12th Street Southeast from the Chicago Great Western Railroad Tracks to the
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Bear Creek Bridge was read and the same was ordered placed on file. �.
The recommendation of the Street & Alley Commit•tee'that bids be called
'for on .17.8 tons of 12ti Steel "Hit Piling to be used in the construction of a new
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bridge .acros,s the Zumbro_River at Mayo Park was read and unon motion by Akenhead,
second by Fox, the City Clerk was instructed to prepare a resolution ordering bids
.land resent same at the Council meeting to be held on February 2 1 49
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n nooiev vy the yo- Associ- atoion U n1O Le 'ci Ly i Rochester to vacate the
property known as the Old Library Building and Grounds, the said notice being
:dated January 8, 1948 and served on the City Clerk on the same date was read and
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!upon motion by Fox, second by Akenhead, the City Clerk was instructed to notify.
Tall tenants to vacate within 60 days of the date of January 8, 1948.
The request of the Peoples Natural Gas Company as to whether or not the
City wished to renew their lease on the -space occupied by then in the Old•Mill
building or if they could rent on a month to month basis was read and the City Clerk
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Iwas instructed to look up the leases of the Peoples Natural Gas Company and the
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,General Mills Company and report as to when same expire.
The following opinion submitted by the City Attorney was read and the
same was ordered placed on file:
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"To the Mayor and the Common Council.
of the City of Rochester, Minnesota
Gentlemen:
You inquire as to whether the o ccuprat ion of a beautician
should be classified as a profession or trade with respect
to the zoning laws of the city.
It is my understanding that this beautician is to
conduct liar work within her residence located within the
residential district of the city. Section 3 of the zoning
law defines the type of building and the use in a residential
district. Offices of a professional man accessory to his
dwelling is a use -permitted within the residential district.
The question arises as to the interpretation of the word
professional as distinguished -from a trade.
Section 12 of the zoning law provides as follows: -
"Professional Occupation: Doctor, dentist, musician, I.
teacher, lawyer, artist, architect,'or other member of a
recognized profession." Black's law dictionary defines
a profession as a calling, a vocation, a known employment.
It is my opinion, therefore, that the occupation of a
beautician under the zoning law is considered a profession •
permitting the individual to maintain his or her offices
within their residence. This does not mean, however, that
: the individual practicing a particular profession permitted
under the zoning law may engage others to follow their
particular profession either as his or her partners or
assistants within the same premises.
Yours very truly,
Desmond B. aunt �.
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City Attorney"
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A notice from the League of Minnesota Municipalities of the Second Traffic
Engineering Conference to be held January 26, 27, and 29, 1949 at -the University of'l
Minnesota was read and upon motion by Kjerner, second by Fryer, the City Engineer,
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and the Acting Chief of Police were authorized to attend the said conference at
City expense.
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The petition to have the east 132 feet of the North 150 feet of the
South 193 feet of.the West 10 acres of the,Southwest quarter of the Southwest
,quarter of Section twenty-five, Township one hundred seven,North, Range fourteen
West, together with the.33 foot driveway easement described in that certain deed
recorded in the office of the Register of Deeds of Olmsted County, Minnesota in
Book-173 Deeds, page 475 annexed to the City of Rochester and also the petition
to have the North 50 feet of the East 132 feet of the North 200 feet of the South
233 feet of the West 10 acres of the Southwest quarter of the Southwest quarter
of Section No. Twenty five, in Township One Hundred Seven North, Range Fourteen
West, together with the 33 foot driveway easement described in that certain deed
recorded in the office of the Register of Deeds of Olmsted County, Minnesota, in
Book 173, of Deeds, page 475 annexed to the City.of Rochester, were each read ands!
the same were referred to the City Engineer and the Street & Alley.Committee•.
A letter transmitting a detailed,report by the Housing Committee
appointed to study the housing conditions in -the City of Rochester was read and
the same was referred to the members of the Common Council for study and the City11
Clerk was instructed to write a letter to Mr. Emil Heintz, Chairman -of the Dommitilee,
expressing the appreciation of the Common Council for the work done by the said
Committee.
A statement of receipts and disbursements in the Park Improvement Fund
For the month of December, 1947 was read and the same was ordered placed on file.
The reports of the Clerk of the Municipal Court for the week .ended
anuary 10, 1949 showing total criminal fines and costs collected $471.00, civil _
ees received $4- 75 and conciliation court fees $1. 50 and for the week ended
anuary 1.7, 1949 showing total criminal fines and costs collected $199.00, civil
ees received $7.65, and conciliation court fees $1.00, were each read and having
een previously approved by the City Attorney, President Lemmon ordered that the
name be placed on file.
The application of Zumbro Aerie #2228 Fraternal Or -der of Eagles for a
°on sale" non -intoxicating malt liquor license was read and upon motion by
Akenhead, second by Fox, the license was granted.
The a.pplicationsof Joseph H. Schwab and Tilford Halverson for a
.cigarette license were each read and upon motion by Kjerner, second by Fox, the
licenses were granted.
The applications of Mere. Ken Koelsch and Matt Lyon for a permit to place
and maintain a sign were each read and upon motion by Fox, second by Akenhead,
he permits were granted.
The application of Tilford Halverson for a license to sell soft drinks
das read and upon motion by Kjerner, second by Fox, the license was granted.
The application of the queen City Post No. 496 of the American Legion,
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Rochester, Minnesota, for an "on sale" intoxicating liquor license was read and
upon motion by Fox, second by Akenhead, the license was granted.
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Alderman Fryer introduced a resolution appropriating $331.70 from the •
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,General Fund and ordering payment made to Rochester Post Bulletin for publishing
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of minutes, notices, etc., which was read.
Upon motion by Akenhead, second by Fox', 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 Fryer introduced a resolution appropriating $13,080.00 from the,
;General Fund and ordering payment made to the Public -Utility Fund for payment of
!loan and interest on said loan, which was read.
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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 Fryer introduced a resolution appropriating $999.4p from the i
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'General Fund and ordering payment made to the Cooperative Oil Company for gasoline,
which was read.
Upon motion by Fryer, 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 $192.00 from the General
';Fund, $146.00 from the Sewer Fund and $1,737.50 from the Street & Alley Fund and
,,ordering payment made to the Street & Alley Fund for use of equipment, which was
r ead.
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I 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
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said resolution duly passed and adopted.
Alderman Akenhead introduced a resolution appropriating $2,898.50 from
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'the Street & Alley Fund and ordering payment made to Leon Joyce for equipment
,rental for Bear Creek Charnel Change, 'which was read. _ I'
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Upon motion by Fryer, 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 adapted.
Alderman Akenhead introduced a resolution appropriating $454.60 from the
Street & Alley Fund and ordering payment made to Dunn Sand & Gravel Company for
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gravel, 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.
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January 19, 1949
Alderman Akenhead introduced a resolution appropriating $3,915.00 from
the Street & Alley Fund and ordering payment made to Gopher Equipment & Supply
Company for one Huber Maintainer with standard equipment, Hercules Gasoline
Engine, which was read.
Upon motion by Fryer, second by Fox, that the said resolution be
adopted as read, and all voting in favor thereof, rresident Lemmon declared the
said resolution duly passed and adopted.
Alderman Akenhead introduced a resolution appropriating $213.25 from thi
P.I. R. Fund and ordering payment made to Carlisle G. Fraser for final estimate fo3
watermain in 13th Avenue Southeast, which was read.
Upon motion by Fryer, 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, 0114.21E from the
Park Improvement Fund and ordering payment made to Mayo Civic Auditorium Revolvin
Fund to reimburse revolving fund, 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
aid resolution duly passed and adopted.
Alderman Kjerner introduced a resolution appropriating $225.14 from the
ark Improvement Fund and ordering payment made to Reynolds Wholesale Company for
upplies for auditorium concession, which was read.
Upon motion by Kjerner, 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 Kjerner introduced a resolution- appropriating' $1, 164. 24 from
;he Park Improvement Fund and $116.78 from the Lighting Fund and ordering payment
lade to the City of Rochester, Public'Utilities, which was read.
Upon motion by Akenhead, 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. Fox introduced a re's olut ion- appropriating $536. Sg from the
Lighting Fund and_ordering payment made to City of Rochester, Public Utilities f
Lighting at airport, which was read.
Upon motion by Fox, second,by 4jerner, 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 Fox introduced.a resolution appropriat.ind $1,060.00 from the
,ighting Fund and ordering payment made to Foster Electric Company for Christmas
tf_eet Lighting, which was read.
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January 19, 1948
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.
Alderman Fox introduced a resolution authorizing the Public Utility
',;Board to enter into contract with The General Electric Company, 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 duly passed and adopted.
Alderman Fryer introduced a resolution approving general layout plan
',for the location and improvement of Trunk Highway No. 14, which was read.
Upon motion by Akenhead, second by Kjerner, that the said resolution beI
;'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 appropriating $9.75 from the Street
�& Alley Fund, $11.36 from the Fire Protection Fund and $312.01 from the Sewer Fund
and ordering payment made to Botsford Lumber Company, 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.
The following claims were read and upon motion by Fox, second by Fryer,
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Ithe same were approved and the I•iayor and City Clerk were authorized and directed t!o
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Idraw warrants on the City Treasurer and. make payments accordingly:
From the General Fund: Ole's Linoleum & Drapery Shop, $16755, Schmi • t
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Printing Co., $49.70; H & H Electric Co., $18.70; Wlater L. Schwanke, $13.00; H.
Pornack, $17.60; Hagan's Market, $2.60; Burnham's Standard Service, $1.40; Gamble
Store, $8. 10; F. W. Woolworth Co., $2. 65; Crescent Electric Supply Co. , $103. 77;
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Postier & Eggers, $46.94; The Rochester Visitor,,$10.00; Southern Minnesota Supply;'
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Co.. $2. 75; N. W. Bell Telephone Co., $18.50; Alexander Auto Electric, $40. 20;
0 & 0 Sporting Goods, $4.95; Typewriter Sales & Service Co.
$2.85; Universal
Motors, Inc., $97.16; City Cafe, 5•
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$ 7 E. A. Knowlton Co., $6.70; Harry Loucks,
$49.0o; Ivan Boyd, $49.00; Paul Sandberg, $49.00; Charles B. Roth & Associates,
,1$3.50; Mid Continent Petroleum Corp., $19.18; Oscar Maier, $1.00; American Planning
& Civic Association, $5.00; City of Rochester, Public Utilities, $10.62; Foster
Electric Co., $115. 55; Hentges Glass Co.,$3. 50; Railway Express Agency,
$1.02;
,Jensen Hardware, $9.74; Reeve's Drug Store, $8.57; National Bushing & Parts,
$18. 18.
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From the Street & Alley Fund: Olmsted County Highway Dept., $18.72;
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Wm. H. Ziegler Co., $92.99; Firestone Stores, $95.44; Haling Company,
$5 '5; !'
Alexander Auto Electric, $2.61; Walker Larson Hardware, $13.35; Witte Transportation
Co . , $1. 26; Burgan' s D-X Station, $8. 45; Olmsted County Highway Department, ",
$25. oo;
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January 19. 1949
Parkhill Brothers, $15.45; .Universal Motors, Inc. , -$.15; The Kruse Company,
$9.36; Foster Electric Co., $1.60; Scharf Auto Supply, $6.74; Hentges Glass Co.,
• $1.00;.Gopher Welding.Supply Co., $16.35; National,Bushing•&•Parts, $28.69.
From the Fire Protection Fund: Foster Electric Co., $14.62; Scharf
Auto Supply, $3. S0; Hentges Glass Co., $1.-85; Railway Express Agency, $1.02;
Gopher Welding Supply Co., $8.91; Nicols, Dean & Gregg, $.324; John .B. Carney,
• $17.13; Jensen Hardware, $16.46; Reeve's Drug Store, $3.28; Tom's Electric Co.,
$7.91; Alexander Auto Electric, $11.15; Gerald E. Cunningham, $7.00; Mid -Continent
' Petroleum Corp., $31.35.; Flour City Body Corp.,
$71:20; Minn. Fire Equipment Co.,
$14.00; D. J. Wolf, $51.00; National Bushing & Parts, $47.46.
From the P.I.R. Fund: C. M. Boutelle, $47.56; Carlisle G. Fraser,
` $146.02; Carlisle G. Fraser, $111.5.9; Carlisle G. Fraser, $161.50.
From the Bridge Fund: Skelly -Bros.., $10.00.
From the Seger Fund: Walker Larson Hardware, $13. 71; -City of -Rochester,
Public Utilities, $74.34; Carlisle G. Fras-er, $116.10; Great Western Laboratories,
$9.95•
From the Park Improvement Fund: Hanson Hardware Co., $32.40; Rochester
Paper Supply Co., $69.53; State Department of Health, $3.50; Cutshall, $6.00;
Rochester Ice & Fuel Co., $109.05; N. W. Bell Telephone Co., $42.36; Monte's,
$1.25; Alpek Sheet Metal, $34.75;' Pruetts Laundry, $9.05; Rochester Visitor,
$20.00; Adams Book Store,- $3,30; Jones & Schmelzer, $28.20;. Rochester Dairy Coop.,
$20.70; Marigold Dairies, $7.01;,Walker Larson Hardware, $124.05; H & H Electric,
$2.60; Peoples Natural Gas, $1.52;- LeRoy Independent, $8.50; Ra-Tel Company, $7.75
LReynolds Wholesale Co., $140.25; Rosholt Equipment Co., $35.00; So. Minnesota
upply Co., $1.63; Stewartville Star, $'6.65; Ace Sign Co. 2 $ 3.00; American Linen
ompany, $9.67; Zumbro Falls Enterprise, $1.25; R. C. Drips Grocer
p e Co., $3. 35;
Rochester Community Theater, $11.51; Hollands, $125.-00; Harmony News, $12.25;
Photo News, $6.00; Photo News, $6.00; Jensen Hardware Co., $2.50; Rochester Dairy
Cooperative, $27.00; R. C. Drips Grocer Co., $40.25; •Winona Republican Herald,_
I$ 22.68; Winona Republican Herald, $10.08; L. F. Milostan,
$45.96; Winona
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Republican Herald, $26.40; Lake City Graphic, $22.40; F.
Leslie Williams,
$5.00;
111 aaso Plumbing & heating Co., $51.95; American Linen Co.,
$21.96;• Ra-Tel
Company,
3-50; Evans &
II Convery, $38.51; Clements ChevroletCo.,o. $1S. S-, Golf & Garden
Equipment Co. , $42. 00; Herbert G. Knopp, $20.00; Mont e's,
$2. 45; Peoples
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Gas Co., $23. 49; ITT. W. Bell Telephone Co. , $1.0. SS; Rosholt
Equ ipment Co. ,
$27.20;
Utility Dept., $64.00; Woodhouse Bros. 9
$ .05; Schmidt
Kelly's Exchange, $21. 50; Reeve's Drug 'Store, $5."00; H &
Printing rinting Co.,
H Electric Co.,
$7.60;
$. 40;
Jensen Hardware Co. , $lg. 49; R. L. Palm, $2. 50; Public Utility Dept. , $19.00;
N. W. Bell Telephone Co., $5,98; Peoples Natural Gas Co., $2.03; National Bushing
& Parts, $2.12; Kruse Comyny, $44.22; Witte Transportation Co.
$4.02; The Garlanc
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iCompany, $19.00; Farnham Stationery & School Supply Co., $17.70.
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From the Lighting,Fund: City of Rochester, Pub. Utilities, $4.00.
From the F.E.Williams Estate Fund; Public Utility Dept., $34.02.:
"An Ordinance to regulate the production, Transportation, Processing,
Handling,- Sampling, Examination, Grading, LaQeling, Regrading, and Sale of Milk.
l'or Mill: Products; the Inspection of Dairy Herds, •Dairies,, and Milk Plants; the
!Issuing and revocation of yermits to Milk Producers a,nd Distributors; the
1placarding of .Restaurants and other establishments serving Milk or Milk Products;
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,and the fixing of Penalties, ° , was given its first reading. �I
An Ordinance amending an Ordinance entitled, "An Ordinance -for the
IPurpose of Promoting Health, ,Safety, Order, .Convenience and, General Welfare by
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regulating the use of land, the location, size, use and 'height- of buildings, end j
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;the arrankement of buildings, on, lots,. and the density of population within the
City of Rochester, Minnesota, all in accordance with a comprehensive plan, as
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!amended by Ordinance No. 56011, Was given its first reading.
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Upon motion by Fryer, second by Kjerner, and upon roll call and all
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present voting in favor thereof, the rules were suspended and the Ordinance was
given its second reading.
Upon motion b Kjerner, second b Akenhea i � p y J y c�, and,upon roll call and a_1
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 Kjerner, -that the said Ordinance be
adopted as read, and all voting in favor thereof, President Lemmon declared the
said Ordinance duly passed and adopted.
An Ordinance entitled LAn Ordinance . ce.ProhibitingChildren under -Sixteen S xteen
(16) Years of Age being in or upon the Streets, Alleys or Public Plates -in the City
of Rochester, Minnesota, at night after the hour of Ten. Thirty. 0' Clock P.M.", was
given its first reading.
Upon motion by Fryer, second by Kjerner, and upon roll call and all j j�
present voting in favor thereof, the rules,were suspended and the Ordinance was
''given its second reading.
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Upon motion by Fryer, second by Fox,-and,upon roll call and all present
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voting in favor thereof, the rules were suspended and the Ordnance was given its
third and final reading. �
Upon motion by Fryer, second by Fox, that the said Ordinance be adopted
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as read, and all voting in favor thereof, President Lemmon.declared the said
Ordinance duly passed and adopted.
Upon motion by Fryer, second by Kjerner,, the meeting was adjourned.
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City Clerk
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