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HomeMy WebLinkAbout06-07-194894 Record of Official Proceedings of" the Cominm.Council of the City of Rochester, Minn:, , June 7_; :194'9.; :.4inutes 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 June 7, 1948. President Lemmon called the meeting to order at 2:00 o'clock P. M., th'e following members being present: President Lemmon, Aldermen Akenhead, Anderson, Kennedy, Kjerner, and Theel. Absent:' Yaeger. Upon motion by Anderson, second by Theel, the minutes of the meetings of May 17th and 24th, 1948 were approved. President Lemmon stated this as being t'he time and place set for the second hearing on the construction of a sanitary sewer and watermain and the grading of First Avenue Southwest from 6th Street to 7th 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 petition for the vacation for that portion of Fourth Street Southwest, west of 15th Avenue Southwest. There was no one present wishing to be heard. President Lemmon stated this as being the time and place set for receiving and opening bids for the construction of a curb and Bitter in 2nd Street Northeast from llth Avenue to 13th Avenue Northeast. The bids of Gordon Winslow Company in the amount of $3,937.33 and C. M. Boutelle in the amount of $4,016.91 were each received and opened. President Lemmon stated this as being the time and place set for receiving and opening bids for the construction of a curb and gutter in 5th Avenue Southeast from loth Street to llth Street Southeast. The bids of C. M. Boutelle in the amount of $3,575•86 and Gordon Winslow Company in the amount of $3,397.59 were each received and opened... President Lemmon stated this as being the time and place set for receiving and opening bids for the construction of a curb and gutter on 3rd Street Southeast from 6th Avenue to llth Avenue Southeast. The bids of Gordon Winslow Company in the amount of $8, 969. 97 and C. M. Boutelle in the amount of $8, 876.48 were each received and opened. President Lemmon stated this as being the time and place set for receiving and opening bids for the construction of a curb and gutter and grading in Plummer's Lane from Plummer's Circle to '400 feet south. No bids were received for curb and gutter. The bid of Leon Joyce in the amount of $741.00for grading was received and opened. President Lemmon stated this as being the time and place set for receiving and opening bids for the construction of a curb and gutter on both sides of 6th Avenue a Southeast between Sth Street and loth Street Southeast. The bids of ,C. M. Boutelle in the amount of $8,894.'0 and Gordon Winslow Company in the amount of $8,541.00 were each received and opened. President Lemmon stated this as being the time and place set for receiving and opening bids for the construction of a curb and gutter in 9th Avenue Southeast from - let Street to 3rd Street Southeast. The bids of C. M. Boutelle in the amount of $3,468.86 • 35 Record of Official Proceedings of the Common Council of the City_ of Rochester, Minn., Junk 7, 194s 1 1 1 and Gordon Winslow Company in the amount of $3,635.75 were each received and opened. President Lemmon stated this as being the time and place set for receiving and opening bids for the furnishing of all labor, materials, equipment ,necessary for taxiway construction, apron extension, runway subgrade correction and depot area at the Rochester Airport. improvements, The bids of Fielding & Shepley in the amount of $276,146.00, Jay W. Craig. Company in the amount of $291,452.70 and Alexander Construction Company in the amount of $294,874.01 were each received and opened. Upon motion by Kennedy, second by Kjerner, awarding of contracts for construction of curb and gutter on the following streets was deferred:, 2nd Stree.t Northeast from llth to 13th Avenue Northeast; 5th Avenue Southeast from loth to llth Street Southeast; 3rd Street Southeast from 6th to llth Avenue Southeast; 6th Avenue Southeast from Sth to loth Street Southeast; 9th Avenue Southeast from. 1st to 3rd Street Southeast. The recommendation of the Street & Alley Committee that the contract for the I grading and surfacing of Plummer's Lane from Plummer's Circle to 400 feet South be awarded to Leon Joyce for the sum of $741.00 was read and upon motion by Kennedy, second.!. by Kjerner, the same was approved and ordered placed on'file. The recommendation of the Street & Alley Committee that the claim ..of Mrs. Elsie Loppnow, 509 - llth Street Northwest for damages due to the grading of streets be not allowed was read and upon motion by Akenhead, second by Anderson, the same was approved and ordered placed on file. The recommendation of the Street & Alley Committee that a curb and gutter be constructed in 9th Avenue Southeast between 12th and 13th Streets Southeast was read andJ upon motion by Kjerner, second by Theel, the recommendation was approved. !I The recommendation of the Finance Committee and the Acting Chief of Police that i the matter of the car accident in which A. J. Kos was driving the Police car and Ray to Ferdinandt is requesting the City/pay for the damages be turned over to the City Attorney; for further study and his recommendation, was read and upon motion by Kennedy, second by Theel, the recommendation was approved. i President Lemmon's appointment of Aldermen Austin A. Kennedy, Carl A. Theel, and I Carl B. Kjerner to serve on the Board of Equalization was read and upon motion by Akenhead, second by Anderson, tite appointments were approved. ,I The appointment, by J. T. Lemmon, President of the Common Council, of Harold R. Akenhead as Acting Chairman of the Finance Committee was read and upon motion by Kennedy,' second by Theel, the appointment was approved. The recommendation of the Board of Zoning that the petition of Garfield N. Roadway to have the East 113 feet of Lot 11, Block 3, East Rochester Addition changed a from a residential to a commercial zone be not granted was read and upon motion by Akenhead, second by Kennedy, the recommendation was approved. The recommendation of the Board of Zoning that the Alpek Sheet Metal Works be granted permission to. construct an office and show room space on the east side of their Record of Official Proceedings of the Common Council of the City of Rochester, Minn., June• 7, 94s present building, was read and upon motion by Anderson, second by Akenhead, the same was approved. The recommendation of the Street & Alley Committee that the grading of loth Street, 16th Avenue, 17th Avenue and 19th Avenue all in :diner's Heights as platted and dedicated be accepted, was read and upon motion by 'Kjerner, second by Kennedy, the same was accepted. A letter from the State of Minnesota, Department of the Public Examiner, transmitting reports on the financial affairs of the City of Rochester and the Rochester Fire Department Relief Association covering the year ended March 31, 1947 was read and . upon motion by Anderson, second by Kennedy, the same was accepted and ordered placed on file. The two following resolutions 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 Hon. Common Council of the said City be and is hereby requested to authorize the said Board to enter into a contract with C. C. Pagenha.rt of this City for the furnishing of all the labor,'tools and materials necessary for the building of the Superstructure for the Silver Lake Power Plant, in accordance with plans and specifications on file, at a contract price of FIVE HUNDRED SIXTEEN THOUSAND DOLLARS ($516,000.00) plus alternate price of THREE THOUSAND SIX HUNDRED DOLLARS ($3,600.00) for substituting Cream- Mansota Vein stone in place of precast stone, making a total price of FIVE HUNDRED NINETEEN THOUSAND SIX HUNDRED DOLLARS ($519,600.00), the said C. C. Pagenhart being the lowest 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 Mayor and City Clerk to execute a Warranty Deed from the City of Rochester to Lura A. Mayerding conveying the West sixty (60) feet of that part of the Southwest one - quarter (SW4) of the Southeast one -quarter (SE4), Section twenty-seven (27), Township One Hundred Nine (109) N. R. 14 if., which lies South of the Lake, subject to the flowage rights of the City of Rochester. In consideration of the transfer of the above described property, Lura A. Meyerding is deeding by Warranty Deed of even date the following described property to the above named party of the first part: Commencing at the N.E. corner of the S.E. a of the S. W.J Section 27-109-14 for a place of beginning. Thence South on_ the East line of the S.W.i of said section to the North line of lands heretofore conveyed to the City of Rochester; thence • Westerly along the North line of said lands to a point 330.5 feet West of the East line of said S.W.J; thence North parallel with the east line of said S.W.i to the North line of the S.E.J of the S.W:1; thence East along the North line of said S.E. of the S.W. 4 to the place of beginning." The City EngineerIsestimate of cost of constructing a curb and gutter on 6th Avenue Southeast from Sth to loth Street Southeast in the amount of $6813.50 was read and the same was ordered placed on file. The recommendation of the City Engineer that Raymond L. Sibley be appointed to the position of Junior Draftsman at a salary of $250.00 per month, effective immediately was read and upon motion by Akenhead, second by Kjerner, the same was approved. A letter from the Veterans of Foreign Wars submitting the names of 14r. Bruce Berryman and Mr. Willard Knapp to serve on the Tax Survey Committee was read and the same was ordered placed on file. Record of Official Proceedings of the Common} Council of the City__of Rochester, Minn., June 7, 19' 4s i 1 1 • 1 1 An assignment by the Neitz Electric Company to the Olmsted County Bank & Trusty Company of Rochester, Minnesota in the amount of $179 424.00, the amount. of the contract for lighting at the baseball park was read and upon motion by Kennedy, second by Theel, the same was approved and ordered placed on file. A notice from the Minnesota Department of Health that at least two complete sets of plans and specifications of all' sanitary sewers and watermains being constructed in the City of Rochester should be submitted to their department for approval was read and the same was referred to the City Engineer. Mr. Earl Gibson was present at the meeting and protested the,pa,ssage of an 'ordinance prohibiting the use of loud speakers and sound cars on the public streets. (City Attorney Hunt read a draft of the proposed ordinance and upon motion by Kennedy, second by Akenhea.d, the matter was, left -,with the Finance Committee, the Acting Chief of _ I Police and the City Attorney for further study. Mr. John Miner presented a plat of the following described lands in the City of Rochester to be known as Block 4, Miner's Heights, and upon motion by Kjerner, second by', ITheel, the same was approved and ordered placed on file in the office of the Register of (Deeds: "Commencing for a place of beginning at a point twenty-five feet (25) north and four hundred seventy four (1474) feet eas't of the southwest corner of said lot, and running thence north at right angles with said south line three hundred eighteen and fifty six one hundredths (319.56) feet, thence north eight (9) degrees twenty seven (27) minutes east one hundred three and one tenth (103.1� feet to the southeast corner of lot No. 8 in Block 2 "Miner's Heights", thence south fifty two (52) degrees twenty (20) minutes east 102.28 feet, thence deflect to the left around a curve radius 261.149 feet delta angle 37 degrees 142 minutes for a distance of one hundred seventy two and five one hundredths (172.05) feet, thence tangent•to said curve a distance of one hundred one and ninety nine one hundredths (101.99) feet, thence deflect to the left on a 40 degree curve Delta angle thirty one (31) degrees thirty seven (37) minutes radius one hundred forty three and twenty four one hundredths (143.214) feet a distance of seventy nine and four one hundredths (79,014) feet, thence tangent to said curve fourteen and six one hundredths (114.06) feet, thence deflect to the right on a 140 degree curve delta, angle thirty one (31) degrees thirty seven (37) minutes, radius one hundred forty three and twenty four one hundredths (1143.214) feet, a -distance of seventy nine and four o:ne hundredths (79..04) feet, thence tangent to said curve a distance of seventy (70) feet, thence south at z. right angle with the south " line of said Lot 52 a distance of three hundred fifty five 055) feet to a point twenty five (25) feet north of the south line of said lot 52, and running thence west parallel with the south line of said lot 52 a distance of five hundred eighty eight (599) feet to the place of beginning." Block Four Miner's Heights. Mr. John J. Kerr presented the following described plat of lands with the request that same be annexed to the City of Rochester and upon motion by Anderson, second by Kennedy, the City Attorney was instructed to prepare an ordinance annexing the said lands to the City of Rochester: "Commencing at the southwest corner of section twenty-five (25) in township one hundred seven (107) North of Range fourteen (14) West, and running thence -north thirty three (33) feet, thence east parallel with the south line of said section one hundred thirty two (132) feet for a place of beginning, thence north parallel with the west line of said section one hundred fifty nine and seventy five one hundredths (159.75) feet, thence west parallel wiht the south line of said 'I Record of Official Proceedings of the Common- Council of the City of Rochester, Minn.,. June 7, . i-94s section one hundred thirty two (132) feet, thence north along the west line of said section eight hundred twenty five and twenty five one hundredths (925.25) feet thence east parallel with the north line of the south one half (2) of the�o,uth�rest quarter (i) of said section three hundred thirty one ar_d dne-one hundredths (331.81) feet, thence south along theeast line of the west ten (10) acres south half (2) of the southwest quarter (4) nine hundred eighty five and forty three (995.43) feet to the north line of fourteenth Street northeast thence west along the north line of Fourteenth Street northeast one hundred ninety eight and seven one hundredths (198.07) feet to the place of beginning." Barck and Merz Addition. Mr. T. M. McDonnell, President of the Chamber of Commerce, was before the Council and read the following communication signed by the Mayor and which was signed by Chas. W. Fox later during the meeting, Mr. Fox being an alderman on the Common Council • at the time the parking meters were purchased: "Members of the Common Council Gentlemen: I would be happy to state that in my opinion any technical violation of the law, should there be any, has been innocently done, and therefore, if the Council will agree not to amend ordinance 488 to allow parallel parking, I would have no personal objections to the disolving of the injunction against the installation of parking meters. Respectfully, CLAUDE H. MC QUILLAN Mayor of Rochester CHa S. W. FOX" President Lemmon remarked that any action taken by this Council would not be binding on future Councils and would therefore be in effect only until the end of the current fiscal year. Upon motion by Theel, second by Anderson, the recommendation as presented by Mr. McDonnell was approved and ordered placed on file. from Mayor Claude H. McQuillan A communication/dated May 24, 1949 stating that a misunderstanding exists in regard to the Mayor's secretary and the Mayor's continent fund and that disregard for the law cannot be countenanced and have good government and further which reads in part as follows: "Regarding the Mayor's Secretary and the Mayors Contingent Fund controversies, a misunderstanding exists because we have not been informed thoroughly • by the City Attorney," together with quotations from the City Charter and Minnesota Statutes, and further quotations from his letter which are as follows: " , "Obviously, beyond authorizing the OFFICE of Secretary, there is nothing in the law which requires the approval from anyone of the appointments by the Mayor, nor has the Council any authority to prescribe the duties of the Secretary as they - attempted to do in the resolution passed by them on April 5, 19 4s . Now as I stated before, the resolution setting the salary is void, and I am again insisting that your honorable body comply with the law and order the payment of back salary to Mr. Hooper."* Also a communication by the City Attorney in which he discusses the laws referred to in the Mayor's letter of May 24, 1949 and states that Rochester is one of the seventy eight cities in the State of Minnesota operating under a. Home Rule Charter which took operation of the City out from under the Lawv of 1895, if the'city ever • 3 Record of Official Proceedings of the Common Council of. the City of -.Rochester, Minn., -June 7, 194s operated under those laws and which does not provide for a contingent fund for the Mayor Il and does permit the Council to fix salaries at the beginning of the year, together with his opinion dated January y 5, 1949 on the legality of the•Mayor's Contingent Fund were II each read by the City Attorney. Mr. Hunt told the Council he would prepare a list of items which would indicate disregard of law end order by the Mayor in operations of the y City government and upon motion by Kennedy, second by Theel; the City Attorney was ;i instructed to prepare such list and present the .same to the Common Council within one month. The letters were ordered.placed on file in the City Clerk's office. •A letter addressed to "Whom it May Concern" from Mrs. Lenore''Lehnherr urging that .the Council do what it can to remedy the serious housing situation in the City of (Rochester was read and the same was ordered placed on file. R+ The following g copy of a restraining order was read 'and the same was ordered placed on file: { "State of Minnesota, District Court, County of Olmsted-ss. Third Judicial District, it C. E. Knowlton, Plaint iff,. vs City of Rochester, Defendant. The State of Minnesota, to. the defendant above named: { WHEREAS, The plaintiff above named has filed a complaint in the above entitled action praying for certain relief, all of which is more particularly set forth in said complaint, and the Court having directed on May 11, 1948 that a writ of temporary injunction issue out of this Court:.. NOW THEREFORE, In consideration thereof, you, said defendant, City of Rochester, are strictly commanded to absolutely refrain and desist from installing or attempting! to install the parking meters described in the complaint in the above entitled action in any manner. WITNESS, The Honorable Karl Finkelnburg, one of the j Judges of the District Court aforesaid, and the seal of said Court affixed at Rochester, Minnesota, this twenty seventh day of May, 1949. MRS. GEORGE B. CUTTING ( Court Seal) Clerk of said Court. " j i A notice from the United States of America, Federal Works Agency, that the United States Government elects to renew its lease on the 8ouncil Committee room for one, year was read and the City Clerk was requested to look up the original lease covering the rental of the room. I A request by Mr. Roy Kingrey that the Council appropriate $499.00 to defray Dart of the expense of a fire works display on July 4th was read and up1n motion by - I (Kennedy, second by K jerner, the request was approved. The appointment by Knute Olson, City Assessor, of Ralph W. Sanders as a part time Deptty Assessor for the balance of June, July and August was read and upon motionby I Kennedy, second by Akenhead, the same was approved. ii A communication from the University of Minnesota with comments and conclusions i which had been reached following a. study of the plans of." -the proposed Sewage Disposal I1 'I • 'CO Record of Official Proceedings of the Common Council of the City of Rochester, Minn.,. June 7, 1949 Plant at Rochester was read and the same was ordered placed on file. The following copy of a resolution adopted by the Sinking Fund Commission was read and upon motion by Anderson, second by Kennedy, the,same was approved and ordered placed on file: 11WHEREAS, the Public Utility Board of the City of Rochester, Minnesota has requested that the Sinking Fund Commission appropriate the sum of $223,346.00 from the Sinking Fund to the Public Utility Fund for the purpose of making payments due at this time on the Silver Lake Plant project, and WHEREAS, the following amounts are now availabl� in the Sinking Fund of the City of Rochester; Electric Department Depreciation Reserve $ 95,106.00 • Electric Department Extensions 128,240.00 making a total o:t $223, 346. oo. SO THEREFORE, Be it resolved by the Commissioners of the Sinking Fund of the City of Rochester, that the amount of $223,346.00 be and the same is hereby appropriated from the Sinking Fund and ordered paid to the Public Utility Fund." A copy of a letter written by Arnold M. 'elson, Acting Chief of Police to Claude H. McQuillan, Mayor requesting that an effort be made to have examinations given to fill all vacancies which now exist in the Rochester Police Department was read and ;President Lemmon ordered that the same be placed on file. The recommendation of the Rochester Airport Commission that. the bids for additional construction at the Rochester Airport be rejected and the work readvertised for letting was read and upon motion by Anderson, second by Theel, the City Clerk was instructed to readvertise for bids to be opened on June 21, 1949 and that the certified checks of the bidders be returned. A petition to have a curb and gutter constructed on both sides of llth Street Northwest from North Broadway to 2nd Avenue Northwest was read and President Lemmon referred the same to the Street & Alley Committee and the City Engineer. A petition protesting the annexation of Knollwood Acres Sub -Division of Rochester Township to the City of Rochester was read and the.same was ordered placed on file. A protest against the passage of an ordinance regulating the licensing and bonding of real estate agents was read and the same was orderedplaced on file. • A petition for the construction of a curb and gutter on both sides of 9th Avenue Southeast between 3rd and 4th Street Southeast was read and President Lemmon referred the same to the Street & Alley Committee and the City Engineer. A petition to have a sidewalk constructed on the east side of 16th Avenue Southwest between 216 and 310 was read and President Lemmon referred the same to the City Engineer. The report of the City Weighmaster for the month of May, 1948 showing 436 loads weighed and receipts in the amount of $43.60 was read and President Lemmon referred the same to the Finance Committee. The reports for the month of May, 1948 of the Building Inspector showing fees for building permits issued in the amount of $296.00, of the Heating Inspector showing L:- 41 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., June 7. 1949 1 ;O } 1 fees for heating permits issued in the amount of $12.00, of the Plumbing Inspector it showing fees for plumbing permits issued $241.50 and of the Electrical Inspector showingll fees for electrical permits issued in the amount of $115.75 were each read and the same were ordered placed on file. 'I The City Treasurer's Statement of funds for the months of March and April, 1948 were each read and the same were ordered placed on file. The City Engineer4s trial balance for the month of May, 1948 was read and the same was ordered placed on file. The reports of the Clerk of municipal Court for the week ended May 15, 1948 showing total criminal fines and costs collected $992.00, civil fees received $2.70 and conciliation court fees $.50; for the week ended May 22, 1949 showing total criminal fines and costs collected $591.00, civil fees received $1.00 and conciliation court fees"l ,I $1.00; for the week ended May 29, 1949 showing total criminal fines and costs collected $964.10, civil fees received $2.35 and.conciliation court fees $1.00 and for the week ended June 5, 1949 showing total criminal fines and costs collected $598.00, civil fees received $2.35 and -conciliation court fees $1.00,' were each read and having been c( previously approved by the City Attorney, President Lemmon ordered that the same be !I placed on file. The applications of-E. J. Armit, George B.-Tauer',-Tom Andrew and Carl C. Zellers for non intoxinating malt liquor license were each read and upon motion .by Kjerner, I second by Anderson, the licenses were granted. r The applications of J. C. Eppard, George B. Tauer, Angeline Kyle, Olaf Olson, li Board of Park Commissioners (3) , Mrs. George Henke, Tom Andrew and Carl', C. Zeller for license to sell cigarettes were each read and upon motion by Akenhead, second by Kennedy, the licenses were granted. The application of Donald A. Brown for a Journeyman Electricians License was I 'I read andupon motion by Anderson, second by Theel, the license was granted. i, The applications of the L. A. Kepp Company for an Electrical Contractor's license i and L. A. Kepp for a Master Electricians license were each read and upon motion by !Akenhead, second by Kjerner, the licenses were granted. The applications of Robert M. Roessler, Sidney Ellstrom and Charles F. Hiley i for Journeyman Heating Workers and Steam fitters license were each read and upon motion iby Kjerner, second by Kennedy, the licenses were granted. _ I The applications of Robert M. Roessler and Sidney Ellstrom for Journeyman j u Plumber's license were each rea.d and upon motion by Theel, second by Akenhead, the licens"es were granted. Ij 'I The applications of Ben Rehling, Angeline Kyle, Olaf Olson, George B. Tauer, �+ t J. C. Eppard, Board of Park Commissioners (3), Tom Andrews and Carl C. Zeller were each read and upon motion by Kjerner, second by Kennedy, the Licenses were granted. ' • The application of William Thompson for a trailor camp license was read and Record. of -Official Proceedings of the Common, Council of the City of Rochester, Minn:,. : ; :June 7; 19,�+g upon motion by Anderson, second by Akenhead, the license was granted. The application of the Yellow Cab Corporation for transfer of City taxicab license No. 23 from a Buick Seven Passenger license No. 216-010 to a .Chry'sler-Eight Passenger license No. 741-216 and license No. 27 from a Buick Seven Passenger license No. 216-ol4 to a Chrysler Eight Passenger license No. 741-267 was read and upon motion by Akenhead, second by-Theel, the transfers were granted. The application of the Electrical Maintenance .Corp. for a Electrical Contractor's License was read and upon motion by Kennedy, second by Theel, the license was granted. • The surety bonds of Manfred H. Waldron in the amount of $500.00 with the Fidelity and Deposit Company as surety and A. Freeman in the amount of $1,000.00 with the London & Lancashire Company as surety, were each read and upon motion by Akenhead, second by Theel, the bonds were approved the surety thereon accepted and it was ordered that the same be placed on file. The contract bonds of Armco Drainage & Metal rroducts, Inc. in the amount of $644.90 with the Aetna. Casualty and Surety Company as surety; Rochester Sand & Gravel Company in the amount of $1,570.00, Rochester Quarry Company in the amount of $1,225.00, and Universal Motors Company in the amount of $1, 533. 23 with the Western Surety Company as surety; and Standard Oil Company in'the amount of $17,799.00, and Leon Joyce (4) in the amounts of $1, 63g. 00; $1, 460. g0, $5. 745. 20 and $11, 064. 90 each with the Seaboard Surety Company as surety were each read and the same were referred to the Mayor for his approval. Alderman Kennedy introduced a resolution accepting the bid of Leon Joyce for • i grading in •Plummer's Lane from Plummer l s Circle to 400 feet South, which was read. Upon motion by Akenhead, second by Theel, 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 authorizing the Public Utility Board to enter into contract with the C. C. Pagenhart Company, which was read. Upon motion by Kjerner, second by Anderson., 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 approving a resolution adopted by the'Public Utility Board transferring a warranty deed from City of Rochester to Lura Meyerding, which was read. Upon motion by Theel, 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 accepting plans and specifications and ordering bids for construction of a curb and gutter on both sides of 9th Avenue , Southeast from 12th to 13th Street Southeast, which was read. • 43 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., June 7, 1949 Upon motion by Kjerner, second by Akenhead, that the said resolution be adopted as read, and all voting in favor thereof, i President Lemmon declared the said resolution ;!. duly passed and adopted. Alderman Akenhead introduced a resolution accepting plans and specifications and ordering bids for construction of. a sanitary sewer and watermain and grading of First Avenue Southwest from 6th.to 7th Street Southwest, which was read. Upon motion by Kennedy, second I by -Anderson, that she said resolution be adopted as read, and all voting in favor thereof, President Lemmon declared the said resolution :1 • duly passed and adopted. I .. Alderman Akenhead introduced a I resolution vacating 4th Street' Southwest, West of 1.5th Avenue Southwest, which was read. .- Upon motion by Anderson, second {i by Theel, that the. said resolution be adopted . .dY as read, and all voting in favor thereof, President Lemmon declared the said resolution <7 fa, duly passed and adopted. - Alderman Akenhead introduced a resolution granting four Public dance:: -permits - I to Archie Deiter, which was read. I 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 Kjerner introduced a resolution I. appropriating $2,312.98-from the General Fund and ordering payment made to i the Big Four Oil Company for.10,610 gallons of! Sky Chief, 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 i` duly passed and adopted. Alderman Kjerner introduced a resolution appropriating $2641.46 from the General! Fund and ordering payment made to City of Rochester for insurance on city hall, scale 11 office, dog kennels, and dump grounds building, which was read. Upon motion by Kjernar, second by Kennedy, that the said resolution be adoptedl� as read, and all voting in favor thereof, President Lemmon declared the said resolution duly passed and adopted. Alderman Kjerner introduced a resolution appropriating $842.60 from the General Fund and ordering payment made to it the Rochester Post Bulletin for publishing notices, minutes, etc. which was read. Upon motion by Theel, second by l Anderson, that the said resolution be adopted i las read, and all voting in favor thereof, q President Lemmon declared the said resolution duly passed and adopted. i Alderman Kjerner introduced a resolution appropriating $7,226.',91•from the General Fund and ordering payment made to the Public Health & Welfare Fund for transfer j • of March 31, 1948 tax settlement and garbage ' collections, which was read. to 4 Record of Official Proceedings of the Common, .Council of the - City_ of. Rochester; Minn.,,' -June 7, i94s 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 $234.45 from the General Fund and ordering payment made to City of Rochester, Pub. Utilities for lighting at the airport, 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 Kjerner introduced a resolution appropriating $205.50,from the General Fund, $2.00 from the Street & Alley Fund, $7.65 from the Fire Protection Fund and $3,607.95 from the Lighting Fund and ordering payment made to the, City of Rochester, Public Utilities which was read. Upon motion by Theel, 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 $1,512.70 from the General Fund, $979.02 from the Street & Alley Fund and $296.25 fromthe Sewer Fu#d and ordering payment made to the Street & Alley Fund for use of equipment during May, 1949 which was read. Upon motion by Akenhead, second by Theel, 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 $240.00 from the Street & Alley Fund and ordering payment made to L. N. Sickels Company, 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 Kjerner introduced_a resolution appropriating $225.90 from the Street & Alley Fund and ordering payment made to Quarve & Anderson for crushed rock, 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 culy possed and adopted. Alderman Theel introduced a resolution appropriating $1,042.44 from the P.I.R. Fund and ordering payment made to Leon Joyce for estimate No. 1 fro grading llth Avenue Southeast from 225 feet South of 7tr_ Street to 555 feet South of 7th Street Southeast, which was read. Alderman Theel introduced a resolution appropriating $1,669.91 from the P.I.R. 1 1 • 1 • J Record of Official Proceedings of the Common Council of the. City of Rochester, Minn., ,Tune 7 , 194e I- I • 1 • 1 1 Fund and ordering payment made to Carlisle G. Fraser for estimate No. 1 for construction of a watermain in llth Street Northwest between 4th Avenue Northwest and Cascade Creek, which was. read. Upon motion by Kjerner,' second by Theel; that the said resolution be ado*d as read, and all voting in favor thereof, President Lemmon declared the said resolution duly passed and adopted. Alderman Theel introduced a resolution appropriating $530.00 from the P.I.R. Fund and ordering payment made .to First National Bank for interest on P. I. R. Bonds, w1tich was read. Upon motion by Akenhead, second by Anderson, 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 Theel introduced.a resolution appropriating $6,253.95 from the P.I.R. Fund and ordering payment made to Carlisle G. Fraser for estimate No. 1 for.construction of a sanitary sewer and.watermain in 12th Avenue Northeast, North.of 14th Street, 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 Theel introduced a resolution appropriating $7,566.7,5 from the P.I.R. Fund and ordering payment made to Carlisle G. Fraser for estimate. No. l for sanitary sewer and watermain in Cascade. Sub -Division, 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 pas se'd and adopted. Alderman Theel introduced a resolution.appropriating $3,225.00 from theP.I.R. Fund and ordering payment made to Carlisle G. Fraser for estimate. No. 1 for installation of a watermain in Fratzke's 1st Addition and Silver Lake Sub -Division, 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 q duly passed and adopted. Alderman Kennedy introduced a resolution appropriating $2,121.39 from the Parkl Improvement Fund and ordering payment made to the Collector of Internal Revenue for admission taxes collected at the auditorium, which was .read. Upon motion by Anderson, second by Theel, that the said resolution be adopted s read, and all voting in favor thereof, 'resident Lemmon. declared the said resolution my passed and adopted. Alderman Theel introduced a resolution appropriatJing $427.34 from the Sewer d and ordering payment made to Red Wing Sewer Pipe Corporation, .which was read. 0 46 Record•of Official Proceedings of the .Common Council 40 ..of the City.of.Rochester, Minn., June 7 i94s 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 Theel introduced a resolution appropriating $300.19 from the Firemen�s Relief Fund and ordering payment made to George Davis, Treasurer for transfer of the March 31, 1948 tax settlement, which was read. . . . Upon motion, by Kennedy, second by Akenhead, that the said resolution be adopted .as read, and all •voting An favor thereof,, President Lemmon declared the said resolution duly passed and adopted. • Alderman Anderson introduced a resolution appropriating $1,614.97 from the Policemen's Relief Fund and ordering payment made to E. T. Suehlke, Treasurer for transfer of the March 31, 1948 tax settlement, which was read. Upon motion by Kjerner, second by Anderson, 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 Anderson introduced a resolution appropriating $4,892.24 from•the Airport Construction Fund and ordering payment made to McGhie.& Armstrong for professional services, which was read. Upon motion by Kennedy, second by Theel, that the said resolution be adopted a.s .read, and all voting in favor thereof, President Lemmon declared the said resolution duly passed and adopted. Alderman Anderson introduced a resolution ordering the first hearing on the construction of a curb and gutter on the south side of llth Street Southwest from 7th Avenue Southwest to within 256 feet of the West City limits, which was read. Upon motion by Kjerner, second by Akenhead, that the said resolution be adopted as•r.ea.d, and all voting.in favor thereof, President Lemmon declared the said resolution duly passed and adcp.ted. Alderman Anderson introduced a resolution appropriating $1,092.90 from the • General Fund and ordering payment made to Standard Oil Company for cutback asphalt, which was read. Upon motion by Kjerner, second by Theel, 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 Anderson introduced a resolution appropriating $54.28 from the Fire Protection Fund and $278.06 from the S.e:,rer Fund and ordering payment made to Botsford Lumber Company, which was read. Upon motion by Akenhead, second by Anderson, that the said resolution be adopted as read, and all voting in favor thereof, rresident Lemiron declared the said resolution duly passed and adopted. • Record- of Official Proceedings of the Common Council 47 of the City of Rochester, Minn,,. June 7, 19 49 7" 1 • 1 1 Alderman Anderson introduced a resolution appropriating $450.91 from the General Fund and ordering payment made to the Rochester Airport Company for road oil, which was 'i. read. Ii Upon motion by Kennedy, second by Anderson, that.the said resolution.be adopted as read, and all voting in favor thereof, President Lemmon declared the said resolution duly passed and adopted. I Alderman Anderson introduced a resolution appropriating $693.30 from the General Fund and orderings payment made to Schmidt Printing Co. for office supplies, 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 Anderson introduced a resolution appropriating $613.18 from the General Fund and ordering payment made to Whiting Press, Inc. for office supplies, which.i was read. I Upon notion by Theel, second by Akenhe ad, that the said resolution be adopted asread, 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 Kjerner, second by Akenhead,', the same were approved and the Mayor and City Clerk were authorized and directed to draw checks upon the City Treasurer and make payments accordingly: From the General Fund: Monte's, $37.58; Quality Print Shop, $81.62; Ivan Boyd; $38.00; Paul Sandberg, $38.00; Harry Loucks, $38.00; Leo A. Huey, $3.00; F. R. Finch, CityClerk $96.27• General Mills Inc. 4 Frank G. Newhouse $ 7.75; , $60.00; Swartz Office! Supply Co., $2. 73;. League of Minn. Municipalities, $1.00; Ivan Boyd, $32.00; Miller Davis Co., $6.45; The Frederick Post Co., $13.33; Royal Typewriter Co., $126.23; (Minneapolis Blue Printing Co., $29.02; H. A._Rogers Co., $75.17; Hlmsted County Road & Bridge Fund, $13. 75; Farwell Ozmun Kirk & Co., $23.02; Leon Joyce, $117. 00; H. A. Rogers Go., $17. 67; Chicago N. W. Ry.. Co. , . $7. i49; Peoples Natural Gas Co., $2. 10; Jones & Schmelzer, $164.45; Cranston Typewriters, $3.75; Adams, $6.90; N. W. Bell Telephone Co., $116.95; Boynton Hagaman, $40.00; Motorola, Inc., $99.79; Postier & Eggers Co., $14.75; Alexander Auto Electric, $12.93; The Rochester Visitor, $10.00; H & H Electric Co.,. 1$4.90; Goodman Is, $2.60; City Cafe, $9 4.45; Mayo Clinic,. $3.00; Smith & Wesson Co., $4.92; St. Paul Stamp Works, $90.48; Northern Photo Supply Co., $11.91; Graflex, Inc., _ I Rochester Electric Roy Goodenough; 'I Bros., $26.95; ,1 . i $14. 40; Jensen y 7Hardware Co., $12.58; Hanson =hardware Co., $8.17; Rochester Cylinder Grinding Works, $26.11; Universal Motors, Inc. , $86.95; Rochester Germicide Co., $9.00; Co-, $36. 81; Maass Plumbing & Heating Co., $. 50; Pink Supply Co., $21. 2 $1.00; Walter L. Schwanke, $3.00; Bergstedt Paint Co., $15.59; Woodhous City of Rochester, Pub. Utilities, $10.62; Rochester Sand & Gravel Co., 48. Record of Official, Proceedings of the Common. Council _. of the. City.. of Rochester, Mi,n.n:, June 7 �19 4s $20.00; The Kruse Co. , $.89; Dodge Lumber & Fuel Co., $3. 62; Jensen Hardware, $7.12; Devoe & Raynolds Co., $. 59. From the Street & Alley Fund: Woodhouse Bros., $.50; National Bushing &Parts, $33. 63; Nicola, Dean & Gregg, '$1.66;* Witte Transportation Co-, $3.67; Alexander Auto Electric, $.50; Parkhill Bros., $.75; Rochester Sand & Gravel Co., $73.70; C. F. Massey Co., $13.50; Allen Lloyd Company, $57.03; J. I. Holcomb Mfg. Co. ,' $55.60; L. N. Sickels Co., $90.00; Jensen Hardware, $6.35; National Bushing & Parts, $35•95; Arthur A. Hirman Agency, $22.78; City of Rochester, Minnesota, $73.45; Wm. H. Ziegler Co., $29.76; • Century Tool & Metal Co., $56. 56; Standard Oil Co., $19.5. 65; Peoples Natural Gas' Co., $8.87; Hanson Hardware Co., $50.00; Rochester Cylinder Grinding Works, $1.00; Fullerton Lumber Co., $12.40; Dodge Lumber & Fuel Co., $.98; Farmer's Grain Elevator, $49.00; Jensen Hardware, $5.79. From the. Fire Protection Fund: Quality Print Shop, $35.75; Woodhouse Bros., $4.40; National Bushing & Parts, $26.15; Jensen Hardware, $14.35; National Bushing & Parts, $33.36; Nicols, Dean & Gregg, $39.87; The Rochester LauoAry, $43.27; Scharf Auto Supply, $3.30; Lawlers, $19.90; Kepp Electric & Mfg. Co., '$8.50; Rochester Soft Water Service, $3.75; City of Rochester, $167.99; R. C. Drips Grocer Co., $16.24; United Ohemical Co., Inc. $7.72; Jensen Hardware, $6.50; Devoe & Raynolds Co., $6.28; Goodman's $34.56; Model Laundry, $49.12; S.E. Minn. Fire Dept. Assn., $9.00. From the Sewer Fund: The Hallemite Co., $20.70; National Bushing & Parts Co., $1.41; City of Rochester, Pub. Utilities, $55.32; Carlisle G. Fraser, $64.45; Chicago Great Western 'Ry. Co., $41.29; Peoples Natural Gas Co., $2. 71; The Kruse Co., $49.18; Fullerton Lumber Co.', $7.96; Neenah Foundry Co., $15.00. From the Bridge Fund: Woodhouse Bros., $.30; Rochester Sand & Gravel Co., $3.15; Fullerton Lumber Co., $24.61"; Dodge Lumber & Fuel, $12.66. From the 'P. I. Fund: Sewer Fund,* $24.00. From the Lighting Fund:' ' City of Rochester, Public Utilities, $2.90. From the Park Improvement Fund: F. R. Finch, City Clerk, $15.'29. • From the Public Health & Welfare are Fund: 'F.R.rinch City Clerk, $48.56. Chief of the Fire Department, C. E. Ginther, stated that Mr. Gordon Tupper had regeusted Gas two weeks leave of absence in addition to his regular vacation and upon motion^by Theel, second by Kennedy, the said leave was granted without pay. An Ordinance amending an Ordinance entitled, "An Ordinance establishing fire limits, and providing for all matters regulating the construction, maintenance, alteration, demolition and removal of buildings and other structures erected or to be erected within the City of Rochester, Minnesota, and providinga penalty for violation thereof". was given its third and final reading. Record of Official Proceedings of the _Common Council 49 of the City_ of Rochester, Minn., June 7. 194s 1 lit • 1 Upon motion by Anderson, second by Kjerner, that the said ordinance be adopted as read, and all voting in favor thereof, the said ordinance was duly passed and adopted) Upon motion by Akenhead, second by Kjerner, the City Clerk was instructed to request all departments to submit a complete budget, including both operating expense and capital outlay for.the year beginning.April 1, 1949 and ended March 31, 1950. C. E. Ginther, Fire Chief stated that the State Firemen s Convetion was to be II held in East Grand Forks and asked permission that five men from his department attend. Upon motion by Theel, second by Anderson, the request was granted. Il Fire Chief C. E. Ginther, .stated that a training course for men in military i 0 service was now being conducted three times a month at the Rochester Airport 'and the City had been requested to provide fire apparatus at the time the courses. are being Ij conducted. Upon motion_by Theel, second by Anderson, the Fire Chief was instructed to furnish the necessary equipment. l I� Alderman Kennedy introduced a resolution approving.an amended lease on the Rochester Airport, 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. i Upon motion by Kennedy, second by Kjerner, the meeting was adjourned until 7t 30 oI clock P. M. on June 21, 1949. City Clerk