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HomeMy WebLinkAbout05-24-1933443 Minutes of a special meeting of the Common Council of the City of Rochester, Minnesota, held in the Council Chambers, in the City Hall, in said City, at 7:30 o'clock P.M., on May 24th,1933. Meeting called to order by President Liddle. Roll Call, Present: Liddle, Amundsen, Dallman, Hicks, Miller, Moody. Absent: Norton. The call for the speci:;1 meeting was read; said meeting being called for the purpose of hearing on petition fog. revocation of Frnest C. Schacht licenses, and for providing location for government erosion camp, and any other business that the said Common Council might deem proper. Rev. Eyrich, Paul H. Priebe, and Chas. 00 Crawford, spoke in petition for the cancellation of the above mentioned licenses, a4d,Ernest C. Schacht spoke for the retention of his privileges. Alderman Norton came in at this time and took his Chair. The City Attorney cautioned members of the Common Council, that due to possible personal liability, they should proceed with great care in action upon Mr. Pchacht's licenses, and suggested to the complainants that they ask the District Court for an injunction if the operation of Mr. Schacht's business is, or becomes, .,a nuisance agatnst their hospital or church prop;,),,-•ty; the City attorney citing the difference between a public nuisance, and a private nuisance and rating this as a private nuisance when it gets into the category of nuisances. A motion by Miller, second by Moody,, that t h-e On Sale and Off Sale licenses to sell non -intoxicating malt liquors ,heretofore issued to Ernest C. Schacht, be revoked on the grounds of misrepresentation in securing them, lost by the following vote; Ayes: Dallman, Miller, Moody4 Nays:. Amundsen, ITick_s, Norton, Liddle. Dyer N. Campbell, Secretary of the Rochester- Chamber of Comrerc3, offered the Fair Association tender of the fair grounds buildings for use as a gover-n►n9nt erosion camp,subject,however, to the reservation of certain build- ings which have been rented for other purposes and of such buildings as may be needed for the 4H Club fair this season. Upon motion by hicks, secondby Miller, the City Clerk was authari-ed and directed to notify Tion. E. V. Willard, Acting Commissioner of Conservation, State Capitol, St. Paul JAirinesota9 that the City of Rochester offers the iic of the locA,l Fair Association buildings and grounds for use as a site for a government erosion camp, subject, however, to some reservations, due to the fact, that some of tI)e buildings have been rented for different purposes and the land enclosed by -the race track has been given over to gardening use by the local unempl. and ask: for acknowledgment of the notification and for advice as to when the Government representative will be heve for approval of the offer. sd, 114. 444 The fo.11owinv communication was read and President, Lidd.le ordered that the same be placed on .file: Noy 24th 1933. , The Hon. Common Council, City of Rochester, Minnesota.,, Gent 1 em en: - At a meeting of the Band Committee held on May 23rd 1933 we decided to have a band for the summer season. We therefore urge your honorable body to allocate such funds as are available and will be available, during the yea.r,to the Committee. Commit tee, Respectfully yours, GoP.Sheridan G. P. Sheridan A.F.Reiter Chairman. " Art Nachreiner John I,entfer John Knutzen Stanley C. Garl.icher, representing the newly formed "► iinicipe.l Band", asked that the Common Council appoint a Committee for the administration of Musical Entertainment Il�znds,to be corn_pos, : of. •a member of the Corv..on Council as Chairman, one rep2oc-entative from the Elk's Drum Corps, .on.e from the musician's union, one from the Chamber of Commerce, and one from the American Legion, to make a Committee of five, and asked the support of the Common Council to the end of Rochester having, a year -around band. This scheme was supported by -Rev. A.R:Zick, A•L.Mitten, Mayor Reiter, and Wm. A. Fitzgerald, in that solongas musical entertainmert during this season will be `^urnish.ed entirely by takat, ion funds, the Common Council should have representation on the Committee. Arthur F. Reiter, as a member of the Rochester Park Band Committee and of the American Legion Band Committee, stated that he had not been called into the Legion conference on musical entertainment matters and said that he had no excuses to offer for his work on the Park Band Co-tmittee, and that he would abide by whatever decision was made as to the pl'a.n fOr the future in that regard. Harry Gimbert asked that the above suggested Committee be enlarged to add one person from the Rochester Male Chorus and one person from the Ladies Choral Club. The Common Council took recess for private discussion of the plan presented and upon return to the Council chambers, a motion by Norton, second by Miller, that the old (Park Band) and the new (American Legion) committees co-operate in presenting to the Common Council an agreed upon program for the furnishing of free musical entertainment to the general public during the season of 1977), carli ed by .u11 voting in fs; rVcr 445 r+� a Berg Whiting made complaint about the operation of the Fred Desnoyers place of business for the sale of non intoxicating ta1t;.)liquors in that patrons of this place keep him awake by the noise that they make in arriving; and leaving there, and upon motion by'Hicks, second by Norton, Mr.Whiting's objection and the matter of an ordinanoe amendment to provide closing hours for establishments like Mr. Desnoyers' were referred to the License Committee, with instructions that they make report thereon at the meeting of this Common Council, which is to be held June 5th,1933. The report of the Clerk of the Municipal Court for the week ending May 22nd,1933, showing criminal fines collected 1146.40, civil fees received $7.30, conciliation court fees :!eceived `$4.00, and court costs charged to Olmsted County $11.15, was read, and President Liddle referred the same to the City Attorney, General Balance sheet, trial balance, fund statement, statement o.f�' unexpended budget appropriations, Sinking Fund investment statements, etc., of the City of Rochester, Minnesota, prepared by the City Clerk, as of April 30th,1933, were laid before the Common Council, and President Liddle ordered that the same be placed on file. The applicationsof J. J. Matuyls. , for On Sale, and Off Sale licenses to sell non -intoxicating malt liquors at 106 Broadway Street South, were read, and President Liddle referred the same bo the License Committee. ' The following camaunication was read, and President Liddle referred the same to the License Committee: "Rochester Minnesota May 24th 1933. To the Hon. Common Council, City of Rochester, Rochester Minnesota. Gentlemen: - We wish to refer you to ordinance No.144 which has to do with the maintainance of a crossing flagman during, twelve consecu- tive hours each day at our street crossing on Broadway Street in the City of Rochester. On account of reduced train schedules in recent years, also curtailment of Switching over the above stated crossing, we now do not have arky trains, locomotives or switching across this street between the hours of 9:30 AM and 4:30 PM daily; and therefore it is not necessary to maintain a flagman at Broadway crossing at such times when no tr�iins are operating over the said crossing during the day time. Effective June lst,1933 we wish to maintain flarmian at Broad- way crossing during the daytime, at such times Lis we actually do have trains, locomotives or switching over said crossing; and ask the approval of the council in making this change as set forth in section one (1) of the ordinance. Yours very truly, Chicago & Northwestern Railway Co By C. W. Beck Local Agent " i i Wn. A. Fitzgerald presented and read the Minnesota R3,ilroad and Warehouse Commission .report of D. F. Jurgensen, C'lief Enr?ineer, re: Investigation of the operations, etc-,, of the telephone exchange plant situated in the City of Ro chest er-`" el ephone Exchange -Area, owned and operated by the Tri-State Telephone and I"eler.raph Company, dated May 9th91932, and Mr. Fitzgerald requested that this report be published so that the citizens of Rochester, Minnesota, may form their opinions as to the rate reduction that should be oracle, etc., at which motion by Norton, second by Miller, carried that this report be published in full. The City Clerk Presented a registered letter from the Shell Petroleum Corporation, enclosing a new tank 1a,agon quantity. discount agreement, and upon motion by Miller, second by Moody, the City Clerk was ir. F ructed to notify this company that in so long as the City of Rochester has a contract with one of the local companies for the furnishing of the gasoline requi ed by all City departments dur- ing 19339 the Common Council is not interested in tank wagon discount agreement mentioned. Copy of the fi.ndin s of fact and award of compensa- tion made by the Industrial Commission of Minnesota, in the matter of John Lamprey, employee, vs. City of Rochester,Minnesotn., employer, was read, and President Liddle ordered that the same be placed on file. The following recommendation from the Polico Committee F was read, and President Liddle ordered that the same be pl.,2,ced on file: "Rochester, Minnesota, May 24, 1933. Ron. Mayor and Common Council, City of Rochester., Minnesota. tip Gentlemen: c:t We, the Police Committee of said City, respectfully `t~ recommend that the Mayor of. said City be authorized to sppoint and increase the Police Department personn-1 by the addition of smother Patrolman. Y Respectfully submitted, TT'E POLICE C010AIT , By John M. Norton .0 Chairman. x A. A. Hi c ;: s YY ' Paul 11. Dallman. The followinn claims were read, and upon motion by T?iclrs, second by Amundsen, the same were allowed, and•the %Tayor and City Clear, were authorized and directed to draw warrants upon.. the City 1 Treasurer and make payments accordingly: -P - 447 From the General Fund: Schmidt Printing Co. 13.009 The Ferman Nelson Corporation �T3104, R. C. Drips Grocer Com,?any �12.20, Municipal Court � 6.00, Schmidt Printing; Company 31.301, Miller -Davis Company 11.00, Louis J. Claude `)3.00, Municipal Judie .Cont,inclent Fund 127.00, Miller -Davis Company '116.25, Frank Shepard Company 1110.00, George 'good '">4.00,Uusical Entertainment Fund 1.80; From the Street & Alley Fund: Mid- Continent Petroleum CorPora- Lion 0127.44; Musical. Rntertainment Fund $.42; From the Sewer Fund: TI. A. Ror!ers Company 115.609 Musical Entertainment Fund $ .12; From the Fire Protection Fund: Musical Entertainment Fund 3' .54; From the Park Improvement Fund: The Northwest Greenhouse Mfg. Co. �?13.00, Musical En-kertainment Fund $.32, Fund$ .02 - Fund $ .05 , Fund $ .O l . From the Bridge Fund: Kruse Lamella Lumber & MfA. Co. 5T5.44; From the Lighting Fund: Wieical Entertainment Fund 3.18, From the Library Fund: Musical Entertainment Fund 41.08, From the Permanent Improvement Fund: Musical Entertainment From the Musical Entertainment Fund: Musical Entertainment From the Interest Fund: Musical Entertainment Fund $.12; From the Sinking Fund: Musical Entertainment Fund-$.16; From the Firemen's Relief Fund: Musical Entertainment Alderman Dallman introduced an ordinance to amend an ordinance entitled; "An ordinance providing for the licensing, conducting and regulating of auction sales within the City of Rochester" the same being Ordinance No.438 of the City of Rochester, Minnesota $ which was given its first reading. Alderman Miller introduced a resolution appropriating $216.39 from the General Fund and ordering payment made to the Co -Operative Oil Company, for 2260 gallons Rasoline furnished to - the City Filling Station during April, 19339 which was read. Upon motion by Hicks, second by Dallman, 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 Amundsen introduced the following resolution,which was read: "Be it resolved by the Common Council of the City of Rochester, Minnesota: That the City Treasurer of said City be and % e i:: hereby authorized and dirr�cted to execute the proper papers to release '`$39000.00 of the collater-Ll deposit made by the Union National Ri<.nk of, this City with the Federal Reserve Bank of ?:linneapolis, Minnesota, bein, New York Central lines 5/ Equipment 448 Trust of 1922 certii'icates No.16452 to 18454 inclusive, maturing- Tune 1st, 1933, thereby reducing the collateral deposit of tre said Union national Bank in lieu of a City depository bond to a tatal. of " 59,000,00, and ,Be it further resolved by the said Co.,), on Council: That all -resolutions or parts of resolutions inconsis- tant herewith are hereby repealed." Upon motion by Dallma.n, second by A-xv.ndsen, that the said .resolution be adopted as read, and all voting in favor thereof, I President Liddle declared the said resolution duly passed and adopted. Alderman Moody introduced the following, resolution, which was read: 11 "Be it resolved by the Common Council of the City of Rochester, Minnesota: That the spun of "�°1250.00 be anel. t ,.e said Rum is hereby appropriated from the General Fund of said City, and ordered plaid to General Fund Code 6, as tempo,ra.ry transfer. The Mayor and City Clerk are hereby authorized and directed to draw a warrant for said sum ppon the City Treasurer in accordance hwrewith, and cause said payment to be made." Upon motion by Dallman, second by Norton, that, the said relsolution be adopted as read, and all voting in favor thereof, 'resident Liddle declared the said resolution_ duly passed and adopted., Alderman Dallman introduced the f ol.lowing resolution, which was read: "Be it resolved bar the Common Council of theCity of Rochester, Minnesota: That the Mairor of said City be and he is hereby authorized to appoint one patrolman for duty in the Police Department of said City additional to the personnel of the said Police Department gn this date. " Upon motion by Hicks, second by Miller, that the said resolution be adopted as read, and all voting in favor thereof, I1President Liddle declared the said resolution duly passed and adopted. Upon motion by Dallman, second by ?filler, all actions relative to the fixing of the Treasurer's bond at 025,000.00 were reconsidered, and the amount of t l)e bond was fixed to be ; 50 ,000.00 .- A post card from Mrs. W. PrAt of Stew-c rtville, Minnesota., asking," Has the market place opened yet and Vo-ere_?" was read, and upon motion by Hicks, second by Norton, the City Clerk was instructed to notify 11^1- that the duly desi��r_ated market place of tl.is ['ity has ,-,irce been covered by the construction of a new City Nall thereon, and that as yd� no official. designation has been gi`*en to-.nother location land the Ci+,,? I..ttcrney was instructed to prepare an ordinance repealinf-t the above mention- ed duly designated market place. Upon motion by Dallman, second by Amundsen, the Common Council adjourned. �� City Clerk.