HomeMy WebLinkAbout08-03-1931.11W
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Vinut•es of a repnxla,r meetin.a of the Common Council of the City of
Ro'cheste'r. Minnesota, held 'tr.. the Council Chambers in the second floor of
the Ch,Tmber of Commerce building, In said City, at 2: n0 O'clock VJ11. on
August 3rd,1931.
Meeting called to order by President Liddle.
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Poll Call. Present: fi iddle, Amundsen, Dallmar, Miller, Moody,
Vi.rstadt. Absent: Hicks.
Upon motion by Dallmah, second by Amundsen, the minutes of the
meetinr- held on July 27th,1931, and July 29th.,1931, were each approved.
Alderman Hicks came in at this time and took his Chair.
J. V, Pruett, Gendra-InCowmittee Chairman for the American Legion
Convention to be held in t..Is City on August 16th,to 19th,1931, asked. for
permission to close Second Street Southeast between Broadway Street South
and the alley next Rast to construct P. sixty foot by one hundred twenty font
dAnee floor thereon for use daring; the convention period, and q,lso asked
for the closing of Third Street Southwest between. Proadway Street South and
the alley next "lest to be used for the location of a Ferris wheel- during
the convention,and for the closing of Third Street Southeast between
-Broadway Street South and the alley next Fast for the location of a merry-
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go-round dT.iring the convention, and upon motion by Amundsen, second by
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Dallman,these permissions were granted,
The report of the City Engineer for the month of July, 1931,
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showing expenditures from the General Fund of „1174.08 for labor, front
the Street and Alley Fund from the Sewer Fund -,-513.73, and from
the Bridge Fund �2.75, was read, and President Liddle ordered that the same
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be plAced on fide.
The report of the Clerk of the Municipal Court for the week
ending July 27t h,1931, showing criminal fines collected S134 .40, civil
fees received ' Q,.25, c-urt costs charged to Olmsted County 92S,73', and fint:s
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collected due to Olmsted Cou ty P21.60, was read, and President Liddle
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referred the s - me to the Ci uy Attorney.
Upon motion by Miller, second by Moody, the sum of �`21.60 was
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%ppr opriated from the General Fund ao.d it was ordered that the said sum be
)aid to Olmsted County, Minnesota, for local Municipal Court fines collected
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iue to Olmsted County,Minnesota.
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The matter of a water main for Eleventh Street Southeast, between
'hard Avenue Southeast and Fourth Avenue Southeast, and for Fourth Avenue
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'outheast between Terth Street Southeast and Eleventh Street Southeast, was
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discussed and President Liddle referred the subject to the Water Committee for their
consideration and report, thereon at the meeting of this Co,irmon Council which is to
be held August 10th,1931.
A. E. Gates offered to deed twenty-five (25) feet from the east side of his j
a
property in T,ot nine (9) in Auditor's Plat "A", for use as a public street, condi-
tioned twat t'.is twenty five (25) foot strip shall be extended through to the '
proposed openinl- of Fourth Place Southeast, at which motion by Hicks, second by
Miller carried, that his offer be referred to the Street and Alley Committee and the
City Engineer gnat the City Attorney.
The rdl3ort of the City Treasurer for the month ending July 31st, 1931,
sh%-, inc, 0,408,,199.17 as being on hand, was read, and P,res�dent Liddle o.,dered the
same placed on f it e.
`i'he applications of•Herman Dornack, Peter J. Brom, L. F. Milostan,
for plumbers' licenses, were read, and upon
S. `!' : Connelly, and William Ha ;gedorn,
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motion by Dallumn, second by Amundsen, licenses were granted. '
for approval
The ammlication of the Rochester Fire Department Relief Association/to ,
purchase a 12400.00 mortgage on the so-called Kennedy farm, vh ich bears interest at i
�per annum and is dated November 3rd,1930, for
five nd one-half per cent (52;�) P ,
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maturity November 3jZd, 1935, was read, and upon motion by Hicks, second by Miller,
such loan was approved; the property being more fully described as follows: The
Northwest Quarter (-�) of the Southeast Quarter (1) of Section seven (7) and that
part of tI:e Southyrest Quarter (-,) of the Northeast Quarter. (-4), of same Section
seven (7) lyin<r South of the right of way of the Wisconsin, Minnesota and Pacific
Failroa,d
Company, now operated by the
Chicago
Great Western Railway
Com,---)any,
and I
that pert
of the 2.lorthwest Quarter (4)
of the
Northeast Quarter (--1-,)
of said
Section I
seven (7)
lying South of the. ri;-Y�it of
way of
said company, and that
part of
the
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Southeast Quarter (4) of the North West Quarter (') of said Section Seven lying
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South of the r i ht of way of said Company, all in T o4vnship one hundred five (105 )
North of P.an.rre Thirteen (13) .Test, containing seventy nine a,r..d one-half (7kl) acres
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cl' land more or less according to survey.
A co.:amunication from Morris B. Lambie, a Director of the Northwest Fire
o invit ins me, mbers of the local fire department to attend the Fourth Annual
School ,
Northwest Fire Schc)cl to be held in the University of Minnesota, at Minnear;olis,
September 21st to 25th, 1931, inclusive, was read, and upon motion by Hicks,
second by Dallme,n., the Noire T,I of and two firemen were authorized to attend this
fire school at the expense of the City of Rochester,IkAinnesota.
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The following estimates prepared by the City Engineer were read
and President Liddle ordered that the same be placed on file:
Martin Paulson, first and final estimate for construction of a
sanitary sewer in part of Eighth Street Southeast P200.83;
Kris Nielson, estimate No.l for grading Fifteenth Avenue Southwest
from Sixth Street to Seventh Street $409.53;
Edward Mattson, estimate No. 1 for the pondSruetion of curb and
gutter on Fifteenth Avenue and Sixth Street Southwest $494.70.
The official bond of Mary Blake as Clerk for the City of Rochester
Water Department, with the NewAmsterdam Casualty Company as surety thereon
in the amount of1,000.00 was read, and upon motion by Vihstadt, second by
Amundsen, the surety thereon was accepted, the said bond was approved, and
it was ordered that the same be ,placed on file.
The following plumbers license bonds in the amount of 11,000.00 ,
each, were read, and upon motion by Vihstadt, second by D�-�:llman, the
sureties thereon were accepted, the said bonds were approved, and it was
ordered that the same be placed on file:
as surety:
Herman Dornack, with the American Surety Company of New York
! I Peter J. Brown, with the Commercial Casualty and Insurance Company
as surety;
Wm. Ha,gedorn, with the New Amsterdam Casualty Company as surety;
as surety.
L. F. Milostan, with the National Casualty Company as surety;
E . T . Connolly, with the Fidelity & Casualty Company of New York
The appointment by the Acting Mayor of the following persons as
Special Patrolmen for duty in the Police Department of said City, during
the period August 1st, 1931, to August 7th,1931, inc lus ive , we ce each read,
and President Liddle ordered that the same be placed on file: Joseph J.
O'Connell, Carlton Anderson, Merlih Mewhorter, John T. Hong, S. A. Boelter,
and C . B . Hanscom. t
Copy of re._uisition by the Health Officer upon Saint Mary's
Hospital for the isolation of Cyrus Larson, age 20 years, living at 616
FiFth Avenue Southeast, diagnosed to be suffering from gonorrheal opthalmia
was read, and President Liddle ordered the same placed on file.
A'communieation from Morris B. Lambie, Executive Secretary of the
League of Minnesota Municipalities, advising that the 1931 revised edition
of the Minnesota Year Book will be off the press on or about September lst,1931,
and that these books will be 15.00 each, was read, and president Liddle ordered
that the same be placed on file.
The City Clerk presented and read the following K-ayorYs veto:
" July 31st, 1931
Honorable Common Council
City of Rochester, Minnesota
Gent li wen:
I return herewith resolutions passed and adopted by your
Honorable body at the meeting held July 27th, 1931, ordering the City
Engineer to prepare plans, profiles, specifications, and estimate of
cost for a sludge drying bed at the.Sewage Disposal Plant, and adopt-
ing the said plans, profiles, specifications, and estimate of cost, and
ordering the same placed on file, and ordering advertise.,.ent for bids
to be opened at 7:30 o'clock P.M., on August loth, 1931, without my
approval.
The reason for my veto of these two resolutions is that at
e, recent visit of ;;lembers of your Honorable body and myself to the
' Se,iage Disposal Plant, we were informed by Dr. Stromberg that by an
expenditure of approximately $150.00 a division wall could be made in
the present sludge drying beds whereby the portion of the bed that -was
in process of drying could be relieved of the suspended liquids by
piping and valves which would allow the liquid to flow into the section
I! of the bed reserved fear that purpose which would accomplish the same
as these proceedings that I am vetoeing, except that it would not give
the capacity, but Dr. Stromberg has said t1iat we can get along a couple
of years with that kind of an arrangement, which I am in favor of doing
awaitin: what the survey of our sanitary and surface drainage systems
will bring about, as possibly the class of sewage that we have here will
make the State Board of Health give us some recommendations for Sewage
! Disposal Plant changes.
Respectfully submitted,
Julius J. Reiter
Mayor of said City. "
Dr. Stromberg was present and contradicted the Mayor's statement as to
°1150.00 would make the improvement sufficient to take care of the sludge drying
for the next couple of years and said that he recommends this new sludge drying
bed as proposed, with the exception of a minor change which will add about $50.00 to
the cost for the lowering of the drain pipe about six inches and thereby get a lower
level for the drainage of liquid from the beds that are drying, in which Mr. Rogers
of the State Board of Health concurs. Dr. Stromberg cited the need of this addi-
tional bed by Baying that a bed which was practically dry just before the recent
rain is now delayed for a couple of weeks because of no facilities for taking off
the rain water that has accumulated on top of the partly dry sludge, and Dr.
Stromberg also said that the recent rainfall was the cause for an iriorea'se in this =flail
flow of
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approximately two million gallons of sewage, a great share of wr.ich could
have been eliminated by the enforcement of the local ordinance prohibiting
roof water, cistern drains, etc., from emptying into the sanitary sewer
system, -.,.
Alderman Vihstadt also called attention that the enforcement of
this ordinance would relieve the sewage disposal plant of about fifty per
cent of the load by cutting off the rain water received there, which has to
be separated from the sewage at the preliminary sedimentation tank, which
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separation is not complete, with consequent suspended liquid carried into
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the digestion tank and through it to the sludge drying beds whore the trouble
is occasioned, in that the beds will not carry the output of the digestion
tank becauseit takes so long for the liquid to be disposed of by evapora-
tion and seepage.
Charles H. Armstrong, City Engineer, recommended a survey aimed at
cutting off all rainwater, that is, roof drains, cistern drains, etc., from
going into the sanitary sewer system, and supported the statements made by
Dr. Stromberg and Alderman Vihstadt that such action would cut down the
congestion at the Sewage Disposal Plant where all the trouble is caused by
the necessity of getting this,surplus water off from the sludge drying beds,
Upon motion by Vihstadt, second by Moody, the City Engineer was
instructed to check all surface water drains, roof water drains, cistern
'� drains, etc., and wheruthe same empty into the sanitary sewer system to
leave an order that the same be disconnected a4d the use thereof discontin-
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ued at once, and that, he file a copy of the result of his, survey and of the
notices served for record with this Common Council.
A motion by ;Biller, second by Moody, that the above mentioned
resolutions':be passed and adopted notwithstanding the Mayor's veto thereof,
carried by all voting in favor thereof.
The following veto by the Mayor was read but no action thereon
was taken:
"July 31st ,1931
Honorable Common Council
City of Rochester, Minnesota.
Gentlemen:
I return herewith, without my approval, a resolution
passed and adopted by your honorable body, fixing 7:3C o'clock
P. M., August loth.,1931, as the time for a hearing; on the con-
struction of a sanitary sewer in parts of Eleventh Street South-
east, and Fourth Avenue Southeast, which I have not approved for
the reason that if this project went through under these proceed-
ings, it would make a so-called "Dry Sewer", as there is no water
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service in these streets, and as a suggestion I would say that I
feel that after the proper solicitation is made, a 100°o petition
may be received from the owners of property abutting this proposed
improvement, which will allow you to commence new Proceedings with
a legal basis, through their waiver of water main assessment
irregularity, and thereby have n assessment for a sewer and water
expenditure that will stick for collection. �I
Respectfully submitted,
Julius f. Reiter
Mayor of said City." i
The following claims were read, and upon motion by Hicks, second by
Vihstadt, the sarnie were allowed, and the Mayor and City Clerk were authorized i
and directed to draw warrants upon the City Treasurer and make payments accordingly:,
From the General Fund: James T. Spillane :!$a.10, Rochester Chamber of
Commerce 115,00 Rochester Chamber of Commerce �$50.00 Jahn T. Hones 12 � .50, Joseph
J. O'Connell 4528.23, Chris Erickson $15.40, George Reed 1-91.73, 'Foy D. Ostrum 82.00,
Elsie Rutz ,�20.00.
Alderman Miller introduced an ordinance to license junk dealers and
collectors in the City of Rochester, Minnesota, and to regulate their manner of
doing business, which was given its first reading.
Upon motion by Vihstadt, second by Dallman, the rules were suspended and the
said ordinance was given its second -reading.
Upon motion by Miller, second by Moody, the rules were suspended and the
said ordinance was given its third and final reading.
Upon motion by Miller, second by Vihstadt, that the said ordinance be
adopted as read, and all voting in favor thereof, President Liddle declared the
said ordinance duly passed and adopted.
Alderman Miller introduced a. resolution appropriating $494.70 from the
Permanent Improvement Revolvin Fund and ordering payment made to Edward Mattson
for the construction of curb and gutter on parts of Sixth Street Southwest and
Fifteenth Avenue Southwest, under Job No.1648, which was read.
Upon motion by Miller, second by Dallman, t4at the said resolution be
adopted as read, and all voting in favor thereof, President Liddle declared the
said resolution duly passed and adopted.
President Liddle at this time excused Alderman Hicks, who left the
Council Chambers.
A. R. Nachreiner, for the Mayor, read the following communication:
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"CITY OF SAINT PAUL
Department of Public IIttgities
Anthony J.Conroy,Commissioner
Wm, R. Cronin, Deputy Commissioner
August 1 St , 1931.
Honorable J. J. Reiter
Mayor, City of Rochester
Rochester, Minnesota
Honorable Mayor:
As per telephone conversation with the St. Paul
Pioneer Press and Dispatch this A.M., have been advised that you requestr.
ted further information regarding the proposed merger and rate reduction
order released by the State Railroad and Warehouse Commission during
the past week. I am enclosing herewith copy of the original order as
given out by the Commission, showing the proposed rate reductions; also
my statement in the Pioneer Press of last Tuesday morning.
A According to the company's own figures, telephone users
would receive less than'a 3% reduction, and in many cases no reduction
at all. Mr'. Mason, one of the high officials of the Bell Telephone
Company, made a publiestatement to the Press within the last three
days that in reality less than one -tenth of the subscribers of the
Tri-State Telephone Company would benefit by this so-called reduction,
At the present time the Railroad and Warehouse Commissias
Chief -Engineer and his staff have, after three year's of constant effort,
about completed a valuation of most of the Tri-State properties. The
valuation of the St.Paul properties can be brought up to date and com-
pleted within three week's tiwe. This valuation shows telephone users
are entitled to at least a.20 reduction.
At a formal session of the City Council of the City of
St. Paul I presented a resolution to that body protesting this merger
until such time as the people of the City of St. Pail have had a hearing
on this matter; furthermore, to suspend and rescind the Commission's
order. This resolution was adopted unanimously by the entire City
Council.
Yesterday, at a'meet ing of the Minneapolis City Council
they introduced a similar resolution which was adopted unanimously.
I am very glad to hear that you are interested in this
matter and know that it is of such nature which demands thorough study
on your part in.t he interest of the people of your community.
Hoping this will prove of some value to you and assur-
ing you that any cooperation I may be able to lend you in this matter
will be gladly granted, I am
Yours very truly,
A. J. Conroy
COiu1MISSIONf R OF PUBLIC UTILITI'ES."
C. 0. Ellsworth, District Manager for the Tri-State Telephone
and Telegraph Company read the following and recommended that the City of
Rochester keep out of the Twin City telephone fight as if they do not their
action might antagonize the Railroad and Warehouse Commission and handicap
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the City of Rochester in their hearing for rate reduction:
"Under the order of the Railroad and Warehouse Commission recently
issued, the Northwestern Bell Telephone Company is authorized to purchase
the Common Stock of the Tri-State Telephone and Telegraph Company.
The contract between the Northwestern Bell Telephone Company and the
resent owners of'this stock s
p provides that, prior to or simultaneous with
the transfer of such stock, when authorized, those how in control of the Tri-
StAte Company shall and will pur.:hase all of the exchanges and toll property
now owned and operated by the Tri-State Company, including certain subsidiary !
compsn#es in Minnesota, with the exception of the exchanges at St. Paul, White
Bear, Stillwater, Forest Lake and Lindstrun, and certain principals through
toll or Tong Distance lines:
Thus when the transaction is finally consumated the exchanges at Winona,
Rochester, Owatonna and elsewhere in southern Minnesota, now controlled and
operated by the Tri-State Company, will be oontrolled and operated by the
present management. These exchanges will not be owned or controlled by the !
Northwestern Bell Telephone Company. j
In connection with this transaction the Management of the Ti•i-State
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Com.:.any has to state that no rate increases are contemplated at any of the
present Tri-State Company exchanges, nor is it contemplated that a message
rate or measured service on a per call basis is to be introduced at any of
these exchanges. Message rate service is proposed, as referred to in the
Commission's orders, for the St. Paul exchange only. This service is
offered in St. Paul as an optional :service and it is anticipated that only j
those who have limited needs for out calls will elect to take this service,
and that those who have considerable demand for waking calls through the
exchange will elect to take the flat rate service which will still be
dffered. j
Under the order of the Commission no rate changes are specified for
other than the St. Paul exchanges, and, as has been said before, no rate
increase or introduction of message rate service is contemplated at any of
the outside exchanges."
A motion by Vihstadt, second by Moody, carried that this Common Council
go on record favoring the holding up of the entire Tri-State Company sale to the
Bell Telephone Company untilthere has been a valuation made of the Tri-State
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property and that the City Clerk notify the Railroad and Warehouse Commission of
such action taken and that he furnish Hon. A. J. Conroy, Commissioner of Public
Utilities of St. Paul, with a copy of the correspondence in the matter.
Alderman Vihstadt introduced a resolution appropriating 1200.83 from the
Permanent Improvement Revolving Fund and ordering payment if,ade to Martin Paulson
for the construction of a sanitary sewer in part of Eighth Street Southeast under
Job N0.1646, which was read.
Upon motion by Vihstadt, second by Dallman, that the said resolution be
adopted as read, and all voting in favor thereof, President Liddle declared the
said resolution duly passed and adopted.
Alderman Dallman introduced a resolution appropriating $409.53 from the
Permanent Improvement Revolving Fund and ordering payment made to Kris Nielson,for
estimate No.l on the grading of Fifteenth Avenue Southwest from Sixth Street to
f3-34
Seventh Street, under Job No.1647, which was read.
Upon motion by Moody, second by Amundsen, that the said resolu-
tion be adopted as read, and all voting in favor thereof, President Liddle
declared the said resolution duly passed and adopted.
Alderman Moody introduced a resolution appropriating $881,05
from the Park Improvement Fund and ordering payment made to the Mayo Trust
Fund for payrolls for labor during the period of the week ehding July 31st,
1931, which was read.
Upon motion by Moody, second by Amundsen, that the said resolution
be adopted as read, and all voting in favor thereof, President Liddle declar-
ed the said resolution duly passed,and adopted.
Alderman Dallman .introduced the follaeding resolution, which was
read:
"Whereas the CorrmtonCouneil of the City of Rochester, Minnesota,
at a meeting thereof held on July 27th,1931, ordered the plans and specifica-
tions for the construction of an additional sludge drying bed filed and
ordering the City Clerk to advertise for bids to be opened on August loth,
1931, and,
Whereas, the Honorable Julius J. Reiter, as Mayor of the City of
Rochester, vetoed the said resolution and the Common Council having passed
the said resolution over the veto of the Mayor on August 3rd, 1931, and,
Whereas, it appears that there is not sufficient time in which to
advertise for bids to be opened on August loth.,1931;;
Therefore, Be it and it is hereby resolved by said Common Council:
That the said resolution as passed and adopted and passed over the
veto of the said Mayor be and the same is hereby amended so as to provide
for the opening of bids for the doing of the said work on the 20th day of
August, 1931, instead of the loth day of August, 1931, as specified in said
resolution, which in all o-i,her respects is to and does remain the same
for all purposes therein stated, and the City Clerk of said City is hereby
ordered and directed to advertise for said bids in accordance herewith. "
Upon motion by Miller, second by Moody, that the said resolution
be adopted as read, and all voting in favor thereof, President Liddle declared
the said resolution duly passed and adopted.
his Chair.
Alderman Hicks returned to the Council Chambers and again took
Alderman Moody, Chairman of the Police Com;uittee, presented the
proposal of Leo N. Herrick for the furnishing of a 1932 74 cubic inch
Harley-Davidson motorcycle, fully equipped, for the sum of 8433.10, with an
allowance of $100,00 for the 1927 Harley-Davidson motorcycle now in use of
the Police Department, and upon motion by Hicks, second by Dallman, the
Police Committee were authorized to purchase a new motorcycle at -the nett
cost of $333,10 ffientioned in Mr. Herrick's quotation.
Upon motion by Vihstadt, second l>;y Amundsen, the City Engineer was
authorized to expend %99,00 for the making of maps for the City Assessor's use.
The matter of rej)lacing st,ri.ngers and planking on the Center Street
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East bridge over the Zumbro River was discu ssed,but no definite action was taken,
the City Engineer making an oral report that he estimated the cost would-be
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approximately �'MS0.00 for the planking and stringers, and $160.00 for the labor j
of placing them and for removing the old ones.
President Liddle referred the matter of a street light on Second Street
Southeast, east of Fifteenth Aveme Southeast to the Lighting Committee. `
The following report of the City Attorney was read, and President Liddle
ordered that the same be placed on file:
"Rochester, Minnesota.
August 3rd, 1931.
Honorable Mayor and Common Council, '
City of Rochester, Minnesota,
Gent, 1emen:
The matter of the application of thr; Cook Hotel to construct
and operate a stand on the sidewalk on the Second Street Southwest side of
the said building.; during the time of the State Convention of the American
Legion having been referred to me, the following report is submitted:
Under the provisions of Ordinance No.54 of the City of Rochester,
any incumbrance with merchandise of a sidewalk is prohil3ited. i
It is therflfor recommended that the application be not granted.
Respectfully submitted,
James T. Spillane
City Attorney. "
r0he following ca=uni.cation was read and President Liddle ordered that the
same be placed on file:
"Kehler Hall
Rochester, Minnesota
August 3, 1931.
Honorable Mayor Julius Reiter and City Council,
Rochester, Minn.
Dear Sirs,
The letter I wrote you two weeks ago at the request of Mr. Spillane,
City Attorney has not been acknowledged. After talking to Mayor Reiter, he asked
me to write another letter stating the details of the accident again.
On Tuesda,y,July 7,1931 at 10:20 P.M. while walking across Bear Creek
Bridge on Fourth Street Southeast; the partys with me (Frank Flanders and Mrs.
Jaek.Fl.anders) stepped on a loose plank on the bridge which I tripped on, bruising;
both knees badly and damaging a pair of shoes and hose. j
I would appreciate you considering a settlement of this matter.
Thanking you, I am
'Respectfully.,
4Li.ss) Nellie Maher."
Upon motion by Hicks, second by Amundsen, the Common Council
adjourned to 7:30 O'clock P.M., on August 10th.,1931.
City Clerk.
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