HomeMy WebLinkAbout10-28-1935OCT 2 8 193S
Minutes of an adjourned regular meeting of the Common Council of
the City of Rochester, Minnesota, held in the Council Chambers in the City
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Hall in said City at 7: 30 o'clock P: M: on October 28, 1935;
Meeting called to order by President Liddl e4
Roll Call: Present: Liddle, Amundsen; Pryer; Green, Lemmon,
Moody, and Richman: Absent: Non e4
President Liddle' announced this as being the timdand place fixed
for hearing on the levying of special assessments for Bituminous Treatment
of Thirteenth Avenue Northwest and Southwest; from the North line of Second
Street Southwest to onehundred thirty-four feet (1341) North of the North
line of Second Street Northwest; Fifteenth Avenue Southwest, from the
South line of Second Street Southwest to' the South line of Sixth Street
Southwest; Third Avenue Northwest and Southwest$ from the North line of
Second Street Southwest to the North line of -fourth Street Northwest;
First Street Southeast from the East line of Eighth Avenue Southeast to
the west line of Eleventh Avenue Southeast; and Fourth Avenue Southeast
from the South line of Sixth Street Southeasto the North line of Tenth
Street Southeasty and asked if there were any person present who wished to
bb heard concerning these special assessments:
Mr. A� Co"Hagen made oral objection to the cost of Bituminous
Treatment of Thirteenth Avenue Southwest and Northwest, stating that the
costs were higher than estimated;,and also mentioned the fact that these
(property owners have to pay the full season's sprinkling assessments when
they had been promised there would be no sprinkling assessment on the
streets where Bituminous Treatment Was placed:
President Liddle referred the matter of the sprinkling assessments
on the Bituminous :,treated streetsi to the Sprinkling Committee, the
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the City Attorneys and the City Rigineer4
Alderman Moody eypressed the opinion that in the future the Common
Council undertake local improvements, to be paid for by special assessments only
under the petitions of the property owners coneerneda
The following petition signed by seventy-three persons was read;
and President Liddle ordered that the same be placed on files
"Rochester, Minnesota:
October 239 1935
Honorable Mayor and Common Council;
Greetings:
This petition to the Honrable Mayor. and Common Council of the City
of Rochester; is a special protest against the action of the Common Council,
in issuing a permit for the sale of beer at 203 Fourteenth Avenue S. W.9
over the unanimous objection of the two councilmen of the second ward; where-
in the smle of beer under the license mentioned is to take place3 i.
As property owners; and tax payers of thispart of the City, we heme-
by object to the sale of beer in this locality and request theaction be
reconsidered and the license denighed.`"
The following communication was read, and President Liddle ordered
that the same 'be placed on file:
"Rochester, Minnesota
October 28t h, 1935
Honorable Mayor and Common Council,
City of Rochester; Minnesota;
Gentl amen:
I. was very surprised to learn that some of the residents in the
vicinity of Second Street Southwest and Fourteenth Avenue had fileda
petition addressed to you requesting that the "on sale" non-intoxi eating
malt liquor license recently granted to me by you should be withdrawn. I.
am sorry that the people who signed the petition take this view of the
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matter, as I feel certain that after they have seen my business in opera-
tion at the corner of Fourteen Avenue and Second Street Southwest they will
!�),11 have nothing but praise for the manner. in which it is operated. The
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sale of "non -intoxicating malt liquor" naturally is to be a very small
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portion of my business. but just as necessary a part of it as the sale of i
milk, coffee, tea, cococola, ginger ale; root beer and other liquids and the
license has merely been taken out for the convenience of patrons of my place
o2�.business and for no other reason: I do not intend to operate a beer
garden, beer parlor, night club, or tavern in the place for which the
license was granted and I am sure that the good citizens who signed the
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OCT 2 8 1935
Petition did so without any knowledge whatsoever of the facts
surrounding the proposed operation of my place of business. It is
inde-ed::tbo bad that a lunah room cannot be opened up in that part of
the City, a scant two blocks from the location of any other restaurants
who have the same privileges by license as I will. have; wii�rpetitioners
complaining against something that they have no cause to and which will
be operated as a distinct restaurant business with no orchestras, dancing
or other large gatherings of people proposed or allowedi
I believe the petitioners in this matter will have ample cause to
complain to the council if, as and when this business is not operated
properly and only then and at this time I desire to assure the officials
Of the City of Rochester that I intend to operate my place of business
in a quiet $ peaceful and lawful manner, which is the right of every
American citizen and if at any time the mayo d common council feel that
my business is being ,operated otherwise or t�ia�
it is a nuisance because of its operation, I will have -no objection to the
revokation of any license what so ever granted me for the operation of my
restaurant but until then I feel that I should be given the same .considers
tion that other restaurants in similar parts of the city have been given
I feel that this st at ement is necessary at this time to clarify the
situation both to the mayor and common council as city officials and to
those who signed the petitions
Thanking you for Your consideration, I remain
Very truly yours,
Marie Campion "
A group of residents in the neighborhood of the oil station and
restaurant of Mrs: Marie Campion were before the Common Council and voiced
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ral objections to, and vicious criticisms on,the action taken by the Common
Council, October 22, 1935, in granting "On -Sale" and "Off -Sale" licenses to
Ars. Marie Campion, to sell non-intoxi eating malt licraors4 at the above
mentioned location.
& A. Moore, Mayor, stated that in his opinion he did not think
hat :Trs: Campion intended or�wished to establish a business at this location
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c`h was so seriously objected to by the residents in that vicinity, and
hat . she would be glad to surrender her non -intoxicating malt liquor
icenses if she were assured of the patronage and business of the public if
e did not have 3:2 beer, which statement was corroborated by Mrs. Campion,
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and she accordingly handed her license to -the Common Council for cancellation:
President Liddle left the Council Chambers, after having appointed
of this meeting
Alderman Moody a$ President Pro Tom/,who took the chair as such:
Upon motion by Fryer second by Rickman, the said licenses were cancell
and an appropriation of 03000 was made from the General Fund for payment to
Mrs. Marie Campion;for return of license fees on "On Sale" License #149 02500,and
on "Off Sale" license #251 $53001 .
Four petitions with .one hundred eighty-four signatures were read, and
President Pro Teen Moody ordered that the same be placed on file, said petitions
being headed as follows:
"P BrI TI ON
To the Common Council and School Board of the City. of Rochest er$ Minnesota,
We the undersigned, and/or tax payers and citizens of South East
Rochester respectfully petition that immediate steps be taken to acquire pro-
perty for a school site to le selected North of 12th Street South East for
the following reasonst
1: That property- values are such thbt the City could save considerable
money through the immediate purchase rather than to . lat er find it necessary
to institute condemnation proceedings.
24 That the immediate purchase would permit considerable land-scaping
work to be completed before erection .of the buildings
3;. That a temporary building might be erected and used as a voting place
rather than to continue the use of the present garage site:
4; That the location to be selected should be North rather than South of
12th Street South East and thus eliminate the necessity of the greater
.percentage of school children from crossing 12th Street Southeast over which
the belt line runs, and which conveys a great percentage of the traffic from
Southeastern Minnesota: "
The following persons were before the Common. Council and were heard
in regard to the above mentioned petition: Desmond Be" Hunt, James F. Coon;
L4 Farnham, Supt e Sanberg; Ae Re Zick, James Pruett, and S. H: Arthur West:
It was informally agreed that the School Board would be notified of
the time when final action will be taken on their budget:
President Liddle came in at this time and took his chair.
The following application was read, and upon motion by Lelmnon second
oy Amundsen, C. C. Pagenhart was instructed to secure the written p ermi.ssion from
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OCT
the property owners, Immediatelg adjacent. to the location where this house
is to be moved:
"O ct ob er 28th, 19 35:
Honorahl a Mayor grid Common Council;
City of Rochester's
Rochester' Minn:
Gent 1 em en:
I have been commissioned by the owner to move a dwelling house
from its present location at Lot 119 ,Block 139 Northern Addition
to the City of Rochester, to a new location on Lot 59 Block 129
Northern Addition:
In compliance with City Ordinances governing such operations, I
respectfully petition you to grant me permission to move the above
described house.
Yours very truly, C. C. Pagenhart
"A
C. C. Pagenhart
By E. A: Gat j e "
A petition requesting that street lights be placed on Broadway
Street 13etween Thirteenth Street and North Broadway bridge on both sides
cCthe __street; was rea49 and President Liddle referred the same to the
Lighting Committee4
The following copies of resolutions passed and adopted by the
!Public Utility Board in the City of Rochester; Minnesota, were each read,
and President Liddle ordered that the same be placed on file:
"Be it and it is hereby resolved by the Public Utility Board
of the City of Rochester; Minnesota, that the Honorable Common
Council of the said City be and is hereby requested to authorize
the said Public Utility,Board to advertise for bids for the in-
stallation of a boiler and firing equipment sin' accordance with plans
and specifications as submitted to an informal meeting of the Common
Council and the Public Utility Board on October 25, 19350"
"WELFREAS, under date of October 13, 1932, the Public Utility
Board passed the following resolution;
WRPRFAS, it is the'opinion of the Public Utility Board that the
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City Light and Water Department should pay to the General Fund of the City an
established amount to be used for said General Fund purposes and to be
called a Tax on Gross Income of the said Light and Wa,t er DePartments, and
VERREAS, it is also the opinion of the said Public Utility Board that
the said Light and Water Departments should receive an established fair rate
for Street Lighting and Hydrant Rental;
THEREFORE,
be it
and it is hereby regplved that
the Public Utility
Board does hereby
request
the Honorable Common Council
to authorize the said
Board to appropriate TEN PERCENT (10%) of the Gross Income from t hesal a of
Electricity and Water for all purposes, monthly, to the said General Fund, and
Be it and it is hereby further resolved that the said appropriation
to the said General Fund by the City Light and Water Department shall be made
only upon the condition that the amount of three cents per K:W.H: for street
lighting and twenty dollars per hydrant for Hydrant Rental be included in the
annual budget. tax 1 evy and paid t o the said Cit y Light and Wat er Department s
when coll act ed, and
Be
it and it is hereby
furtherresolved that
the said Tax on Gross
Income be,
upon authority from
the Honorable Common
Council declared. payable
monthly beginning on January 19 19334"
and which resolution was further amended to make said Gross Income payments
retroactive to April 1, 1932, under date of October. 24, 1932; and
WHEREAS, the Public Utility Board has received an inquiry from the
Honorable Common Council as to whether said Board is favorable to continuing
the income tax donations to the Gmral Tax Levy credits
THEREFORE, be it and it is hereby resOlved by the Publi-d Utility Board
that provisions for payment of 10% Gross Income Tax on Light and Water Income
be continued for the period of the next General Tax Levy, in accordance with the
provisions outline& in the'original resolution."
The appoIntment by the Msgor of George Sohme:3zer as Special Policeman,
for duty at the Electfric Light Plant property, October 30 and October 319 1935, was
read, and President, Liddle ordered tha it the same be placed on filei
Copy of requisition by the Health Officer upon St. Mary's Hospital;
for the isolation of Sheila Marie Gale, aged one yearsl living at 114 Fourth Avenue
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Northwest, and diWosed to be suffering from suspected Smallpox; was read, and
President Liddle ordered that the same be placed on file:
The report of the Clerk of Municipal Court for the week ending
October 219 1935, showing Criminal Fines collected $118.201, Civil Fees Received
320
007
624.70, Conciliation Court Fees received 08.25, Court Costs charged to
Olmsted County $7460, was read; and President Liddle referred the same to
the City Attorneye
The application of Kennth Gregor for a Driver's License was read,
and upon motion by Amundsen second by Moody, license was grantedi
The following. camunicationwas read, and President Liddle referred
the same to the Purchasing Committee:
"0 ct ob er 23t 1935
Honorable Mayor & Common Council
Gent ®men:
I hereby submit for your approval, application for a New Royal
Typewriter (Standard Type) to be used in the City Engineer's Dept:
Respectfully,
Ci H, Armstrong
City Engineer's Offices
The following communication was read, and President Liddle ordered
that the same be placed on files
"October 28, 19354
Honorable Mayor & Common Council,
Gent amen:
I hereby, submit request for 5:00 worth of one -cent stamps; All
of our envelopes have 2 cent stamps on them.
Resp ectfully,
C; H4 Armstrong;
City Engineer
By Arc Dr ews "
$Pon motion by Amndsen, second by Green, the sum of $5:00 was ap-y
iated from the General Fund, for payment to J. W. Peller,
ost Master$ for stampsscfor use of the City Engineer's Department:
Notice of claim for damages by John McCartney for hospital and
edical expenses in the treatment of his wife, and notice of claim for
ages by Jane McCartney in the amount of $5000400 for injuries received
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en she's fell on the sidewalk on theleast side of Broadway, about seventy-
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327 �
five feet North of the intersection of Broadway Street South and First Street Sioutheawst
which accident she claims, was caused by . a defect or sufficiency consisting of a
hole in said sidewalk, was read, and President Liddle referred the same to the City
Attorney:
Upon motion by Fryer, second by Richman, the City Engineer and the
Street and All eV Committee were authorized and directed to attend to the repairs
of all small holes in the sidewalks in the City of Rochester:
Alderman Fryer introduced an Ordinance regulating Traffic, the Opera
tion and .Parking of Vehicles, the Use of Streets for Driveway Entrances and Designat
ing :Arterial Highways in the City of Rochester, Minnesota, WbIth was given its first]
reading:
Upon motion by Lemmon second by Green, and all voting in favor thereof;
the rules were suspended and the said Ordinance was given itssecond reading:
Upon motion by Moody second by Green, and all voting in favor thereof,
the rules were suspended and the said Ordinance was given itsth-APd and final reading
Upon motion by Green second by Fryer that the said Ordinance be
adopted as read, and all voting in favor thereof, President Liddle declared the
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said Ordinance duly passed and adoptedA
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Alderman Fryer introduced an Ordinance repealing an Ordinance, entitled
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"An Ordinance Regulating Traffic, the Operation and Parking of Vehicles, the Use of
Streets for Driveway Entrances in the City of Rochester; Minnesota, " the same being
Ordinance Noa 440 and Repealing the Amendments thereof, being Ordinances Nos; 460 and
470, which was given its first reading:
Upon motion by Lemmon second by Richman, and all voting in favor thereof;
the rules were suspended and the said Ordinance was given its second reading:
Upon motion by Fryer second by Green, and all voting in favor thereof,
the ruleswere suspended and the said Ordinance was given its third and final reading
Upon motion by Green second by Fryer that the said Ordinance be adopt
as read, and all voting in favor thereof, President Liddle declared the
said Ordinance duly passed and adopted4
The following copy -of JudgrAent was read, and President Liddle
ordered that the same be placed on file:
State of Minnesota
County of Olmsted - ss4
Mabel Be Mestad,
-vs-
City of Rochester and
William A. Moores Me.;Ver of
said City,
Di str ict Court
Third Judicial District
Petitioner;
R espondentsa
9-RD Ix. 9:2T
The above entitled action hiving been brought on and heard by the
Court, and the respondents having made a motion for judgment upon the
pleadings, and whereas on September 3, 1935, the above named Court having
ordered that respondentst motion be and it hereby is granted, and that
judgment be entered in respondents` favor$ without cost, after a stay
of twenty days;
NOWTHEREFORE, On motion of Irving L: Eckholdt, attorney for said
respondents, tt is hereby adjudged: and decreed upon the merits. that
the petitioner take nothing by this action, and the respondents are
hereby given judgment upon the merits in their favor; without cosh
Dated October 169 19 35:
r
Ernest A. Jensen .
Clerk of said Court.
The following claims were read, and upon motion by Lennon second
by Green, the same were allowed; and the Mayor and City Clerk were authorized
and directed to draw warrants upon the City Treasurer and make payments
accordingly:
From the General Fund: Dr6 D: C• Lochead $16 00, National Bush-
ing and Parts Co& $1003; F: We Woolworth Cov $24401 Mrs. Grace Smith $4:80,
Huntington Laboratori es Inc: $12+;90 9 J.: I: Holcomb Mfg Co. $31:86, Farnham
Stationery 2 Supply Co= $12a829 Cactus Mat & Patch Mfg Coa $30.489
H. T. Earle $1054281, Municipal Court Contingent Fund 029:509 City of
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Rochester, Light Dept. $1 80, City of Rochester Light Dept. $260259 William Behnken
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$2.75, H. Dornack Plg & Htg Co. $$12:84, City Engineer' s Dept: $1.00, City of Roche st er
Water Dept: $$133 83, Co -Operative Oil Co: $9009- Co -Operative Oil Co: $15 20;
From the Street and Allay Fund:�'Co-Operative Oil Co: 1470; C. C. Pagenh&rt
$3.15, William F. Klee $ 45, Co -Operative oil Cc $58427;
From the Fire Protection Fund: National Bushing & Parts Co. $6.361
Rochester Plumbing & Heating Coo $1009 B. & M: Siren Mfg Coo $9z00, H. Vo Snith &
Coo $260,259 V. S. Fire Equipment Co $7i57, Witte Transfer Co. $i509 Fire Protection
Fund Codd 4 029417;
From the Sewer Fund: Henry Blink $$19420 9 City of Rochester Light and
Water Depts4 $49.321 William F. Klee $.439 Co -Operative oil Coo $$7.35;
From the Park Improvement Fund: Charles D4 Baldwin $6:00, Bituminous
Surface Treating Coa $964009 Morrison Electric Co; $4909' Chicago & N. W4 Ry. Coo 67
McCrae &Company $$94.25- Community oil Co $118v80, Eagle Drug. Store $7009 Co -
Operative Oil Coi $44:209 National Bushing & Parts C04 $$33:12, Woodhouse Brothers
$15.33 0 City of Rochester Light and Water Depts.. '053 46, Winona Machine & Fdry
Co, $48 00, City of Rochester Light & Water Depts: $35:53, J. P: Spencer 1,53:53$
Quality Print Shop $1400, Fratzke Brosv $12,j371 0 G: Hanson & Son $$3405, K. & M.
Auto Parts $546009 City of Rochester Water Dept $2-48)
From the Lighting Fund: City of Rochester Light Dept: 02400;
From F. E. Williams Estate Fund: City of Rochester Light Dept 4$243,
William F Klee *403a
Alderman Richman introduced a resolution authorizing and directing the
Public Utility Board to advertise for bids for boiler installation, in accordance wit
their above quoted resolution request; which was read:
Upon motion by Fryer second by Richman that the said resolution be
adopted as read; and all'voting in favor thereof, President Liddle declared "the said
resolution duly passed and adopted4
Alderman Lemon introduced.a resolution appropriating 0229.05 from the
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General Fund, and ordering. payment made to the Chicago Great Western Rail -
gasoline
road Comp any for fr eight on furni shed at t h e Bulk St at i on, whi ch was r est.
Upon motion by Richman second by Amundsen that the saidresolution
be adopted as read, and all voting in favor thereof; President Liddle de-
clared the said resolution duly passed and adopted
Alderman Lemmon introduced a resolution appropriating $236-050 from
the Lighting Fund, and ordering payment made to the City of Rochester Light
Department for electricity furnished for lighting .of public buildings in the
City of Rochester, in accordance wM the October, 25, 1935 billings,. which
was r ead4
Upon motion by Green second by Moody that the said resolut ion be
adopted as read, and all voting in favor thereof, President Liddle declared
the said resolution duly passed and adopteda
Alderman Green introduced a resolution appropriating $2086405
from the Lighting Fund and ordering payment made to the City of Rochester,
eight Department for electricity furnished for lighting of public streets
land grounds in the City of Rochester, in accordance with the October 259
11935 billings, which was reads
Upon motion by Moody second by Green that the said resolutionbe
pted as readt and all voting in favor thereof$ President Liddle declared
he said resolution duly passed and adoptedia
Alderman Green introduced a resolution appropriating $237.55
the General Fund and ordering payment made to the State of Minnesota
it Inspection Division, for State tax $234:33 and Inspection Fees $302 on
,053 gallons of gasoline furnished in Car JORX 8190; which was read
Upon motion by Anundsen second by. Moody that the said resolution
..j�e adopted as read, and all voting in favor thereof; President Liddle de-
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Blared the said resolution duly passed and adopted.
Alderman Moody introduced a resolution appropriating $585.30 from the
Park Improvement Fund and ordering payment made to the Mayo Trust Fund for payrolls
for labor during the week ending October 259 19 35 9 Which was read:
Upon motion by Lemon 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 adopt eds
Alderman Fryerintroduced a resolution appropriating $$320:00 from the
Street and Alley Fund and ordering payment made to the Lyle Signs Inc*--; for 100 2-2„
1-D Black Posts; 11 ft . long; which was r eadi
Upon motion by Fryer second by Lemon that the said resolution be
adopted as read,. and all voting in favor thereof; President Liddle declared the said
resolution duly passed and adopted4
Alderman Fryer introduced a resolution appropriating $4360%50 from the
General Fund and ordering payment made to the Clements Chevrolet Company for one
Chevrolet Sedan $$709485, less allowance for Graham $35305; purchased under emergen
authority by the Mayor* dated October 22; 19359which was read:
Upon motion by Fryer second by Amundsen 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 Amundsen introduced a resolution appropriating $1650 00 from
the Street and Alley Fund; and ordering payment made to the Standard Manufacturing
Company for 200 Aluminit a Street Marker Heads, complete with caps, which was read:
Upon motion by Amundsen second by Fryer that the said resolution be
adopted as read, and all voting in favor thereof; President Liddle declared the s
resolution duly passed and adopted$
Alderman Amundsen introduced a resolution appropriating $600:70 from
the Sewer Fund; and ordering payment made to the City of Rochester Light Department
OCT 28 1935
r power furnished atthe 'Sewage Disposal Plant $598:90, and at the Sewage
ift Station .$1s80, in accordance with the October 159 19�35 billings, which
s r eadA
Upon motion by Lemmon second by Moody that the said resolution
e adopted as read, and all voting in favor thereof, President Liddle de-
ared the said resolution duly passed and. adoptedm
Alderman Richman introduced a resolution appropriating $431-015
the General Fund, and ordering payment made to the Johnson Oil Refining
ompany for 89061 gallons of gasoline furnished in Car JORX -8190, to the City
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lling Station, which was read%
Upon motion by Richman second by Green that the s&id resolution be
adopted as read, and all voting in favor thereof, President Liddle declared
the said resolution duly passed and adopted%
Upon motion by Lemmon second by Amundsen, the Board of park
Commissioners were authorized to make arrangements for the purchase of
lots for Soldier Field; the cost of which shall not exceed $1100,600; all
voted in favor thereof excepting Alderman Moody who voted *NAY"*
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A Motion by Amundsen second by Lemmon that the Board of Park
ssioners be authorized to purchase additional lands for Mayo Park, the
st of which shall not exceed $5400Qi00, lost by the following votes:
es".- Amundsen, Loon and Richman; "Nays" - Fryer, Green, Moody and. Diddle.
A motion by L emmon second by Amundsen that the Park Board's Budget
e accepted as submitted less the $15,000:00 and less $5400:00, carried by
1 voting in favor thereof, excepting Alderman Moody, who voted "Nay".
Upon motion by Fryer second by Amundsen, the Common Council ad-
ourned to 7:30 o'clock P. M., October 30, 19354
City C1 erk%