HomeMy WebLinkAbout11-18-1935/ 70
NOV 1 Is 1936-
IIMinutes of an adjourned regular meeting of the Common Council of
I� the City of Rochester; Minnesota, held in the Council Chanbers, in the
City Hall, in said City at 7: 30 o'clock P. M. on November. 13, 1935
Meeting; called to ordere by President Liddl e:
Roll Call. Present f Liddle A*nundsen; Fryer; Green; L emmon;
Moody, and Richman®. Absent: None:
President Liddle announced this as being the time and place fixed
�I for hearing on the vacation of Fifth Street Southeast $ from Broadway
Street South to the River:
George W: Granger; Attorney for Alvina M.- Lamprecht and Schuster
IlRe-aty Company, the petitioners for the vacation of fifth Street South-
east as above described,' was before the Common Council and recnzest ed
that the petitioners' request be granted
The follovring ruling by the City Attorney was read, and President
Liddle ordered that the same be placed on file:
"November 1p, 1935
Honorable Mayor and Common Council
Rochester, Minnesota:
Gent 1 ern en:
In accordance with your discretion; I am pleased to give you a legal
@pinion in reference to the Procedings now pending for the vacation
of part of. Fifth Street Southeast in the City of Ro chest er0
Upon an examination of the facts in reference to said petition; I
find that Fifth Street Southeast runs East end West from Broadway
i Street East to the Zumbro River and from thence. East; thatthere is
I; no bridge in this place or the river, although a bridge is.one
block North and a short distance south thet _.of; that the part west
I of the river is only approximzt :ly on the south line a distance of
sixty-seven feet end on the north line approxi.a t:ely- eighty'eight feet
i
f
from the ivest river bank to the east line of Broadway Street South,
I� said street being seventy five feet in width. 'For m anv years +.1,1 a
part of the street has not been graded nor travelled, and in fn.ct it
I�
371
is not practical to use the same for travel unless a bridge is erected to cross
the river:
0n January 20, 1859 Willson Addition was platted; and in connection -Ath the
plat this street was laid out alone i�rith other streets dedkcated in the plat.
The language of dedication is* as follows; I quote; "We hereby dedicate the
streets and alleys as laid down on said plat to the public .for public use as
such forever." It is to be rjoted that this dedication does not convey to the
City of Rochester theownbrship or title to the land in the streets, but only
gives to the city an easement to the Public to,use,the same as a street for
Public use. In examining the records since that, time; I fail to find any
other conveyance to the City of Rochester; so that at the present time all the
interest of the city in said street is an easement for street, purposes; which
is the right of the public to use the same for the purpose of conveyance only.
Under and by virtue of Section 211 of our City Chart er;the Common Council has
power to vacate en.d'discontinue streets when petitioned to do so by three —
fourths of the owners of the property on the line of such public streets,
resident within the city. An examination of the records disclosed the fact
that this petition i.a now properly signed by all of the owners of the property
on the lire of said street proposed to be vacated;and the ptition is in due
f orm
Section 212 of our charter provides that the Common Council may provide for
payment in the case of vacation: In connection with the payment, however; the
matter is very material as to whether the city is the owner of a fce which
would give it the right to sell the land and the title, oe2 whether the city woulq
only have an easement for travel and street purposes which they surrender. I
have heretofore 'set forth the fact that the only right the city has in said
street 18 an easement for street purposes, which would give the city no right
to use the land for any other purpose, and no title or ownership in the land:
Dealing further with the right of vacating streets, the following st at en ent s
are jgeneral stat ement s of the law in reference to t)ae power to vacate:
"Streets may be vacated without regard to whether originally established
by dedication or condemnation, or whether located and established by
the municipality it self:"
0.
Section 1519 McQuillan's Municipal Coporationsa
"In Minnesota streets may be vacated by order of the court even if there is
a provision made in the local charter:"
Townsend vs4 Underwood. 91 Minn. 242:
"Courts cannot review municipal action in the exercise of such delegated
power in the absence of fraud or plain abuse of power:"
Section 1519 McQuillan's Municipal Corporation&4
St eener son Vs4 Nont aine. 106 Minn. 225.
State vs. Board of Park Commissioners. 100 Minn.150
Empenger vs. Fairley. 119 Minn. 1864
I
Fowler vs� Vandal. 84 Minn. ' 392i1
"Nov i
It is interesting tonotethat upon the vacation of a highway or
street absolute. title to the land governed by it -reverts to the
owner of the fee, who may or may not be an abutting owners
Bbeenerson vs4 Fontaine. 106 Minn*- 225*1
Lamm vs4 Chicago Railway Company 45 Minn, 11.,
"The Common Council. has no power to determine who isthe owner
of the real estate nor to decide who is the owner of'the titlei
That is a question for the Courts to determines"
Townsend vs; St o- Pauli 91 Minn: '242
White vs, Jefferson.- 110 Minn: 276a
I have not attempted to determine who is the owner o-;' this ground', as
the matter is not a question for this council to� decide; but is a
matter for the Court; and in order to determine such a question it
will be necessary to examine in, detail every instrument of conveyance
in reference to that land since January 20 1859;
There are some things to be considered in connection with the subject
as to whether or not a street should be vacated*' The Court decisions
throw some light upon this matter, as follows:
"In dot ermining whether a street should, be vacated the only -proper
consideration is whether the public interest will be advanced. If
it Will be, it is of no consequence that private interestsmay also
be served4l"
In Re: Hall. 163 Minns 439:
Schaller vs*' Town of Florence. 259 NW 529;
(Decided by our Supreme Court in March 1935),*,
"If it is found impractical to maintain the street as a street
for Public use and travel the action of the governing body in
Alf
vacating the street is conclusive -and the action will be sus-
tained by the courtsi"
State vsO Board of Patk Comm: 100 Minn: 1561
In the case of vacation of part of the town of Hibbing (163 Minn, 447)
0
the courts suggest some things to show the effect that vacation of a
street has; and I quote the same, as follows:
"The vacation of a street has several consequencesi It relieves
the municipality of the eipense of maintaining the street and frees
it from liability for damages fora failure to keep the street in
rePedri It releases the estates of abutting, landowners fromthe
Public easement in the land between, the street lints. In greater
or less degrRe,it may cause damage to other landowners by diverting
travel to othei, streets, thus diminishing the value of property used
-for business purposes in the, neighborhood of the vacated streets
A
It may.oause inconvenience to all persons who live in the vicinity
by compelling them to travel over street-i 1#49,R Alrect and not so
373
well kept: It may incommode the pnsrr ,l public4 Whether 01P question is
presented to a legislative or administrative body, or to a court, the
ultimate consideration is one of public expediency: Private interests are
behind,many applications to discontinue Public highways. In the present
case the fact that the mining companies have a selfish interest to serve
should have no weight one. way or the other; for public highways can only
be established; altered or discontinued for the public good:"
In addition to -what the court has said above; and manyother reasons for
and against the vacation which will readily suggest themselves to your
mind$ such as taxes, improvements and maintenance; I call your attention
to the fact that under certain conditions the owners of abutting property
may be entitled to damage where interference is made with access, light
and airs
Lamm vss Chicago Railway Co: 45 Minn: 71:
Hall vss Hibbing. 163 Minn: 4391
Permit,me, however'; to state that in this proceding, the petition having
been made by the abutting property owners, the abutting property owners
would be estopped from claiming any damage by reason.ofthe vacation of
the
street
hereinbefore mentioned. I can
see
no damage
to them, nor to
any
other
persons, especit6llk considering
the
fact that
this `street has not
been travelled and it is not practical to be used for travel in its past
or present conditions
Considering the facts and the law in reference thereto, it is my opinion
that the Common Council has power acid authority to vacate the street afore-
said in the event that it is determined by your body to be for the best
welfare of the city to vacate the same:
very respectfully yours,
ILE:P Irving L Eckholdt "
Alderman Amundsen introduced the following resolution which was read:
"Be it resolved by the'Common Council of the City of Rochester:
Whereas, Alvina M Lampr'echt and Schuster Realty Company being the
owners of all the property along the line of the street hereinafter described,
have presented to the Common Council of said City a petition asking that the
,same be vacated, which petition the Common Council ordered filed of record
with the City Clerk of said City; who has given due notice of the time and
place of hearing ,hereon; and
Whereas it appears to the Common Council that said street has never
been opened or used for public travel; that the expense of opening and imp
proving the same would not be justified by itsuse; that it extends only to
the river bank and that the public interests will be well served by the re-
374
.I!
NOV 18 1�33_
maining streets and it is not needed for access to any, property
abutting thereon:
Now, therefore, Be it resolved that all that part of Fifth
Street Southeast in the City of Rochester$ Olmsted County; Minnesota;
( formerly Line Street) lying westerly of a line drawn from a point
in the south line thereof sixty seven feet east of the east line of
Broadway Street South to a point in the north line thereof eighty feet
east of the east line of Broadway Street South be$ and the ' same here-
by is ftacat ed, subject however $ to thecondition that the City of
Rochester does hereby reserve the
right
to uses
maintain and
repair
and replace the surface drainage
sewer
nowupon
said premises
and full
right of ingress and egress for such purpose: "
Upon motion by Moody second by Amundsen) that the said resolution
be adopted as read, and all voting in favor thereof, President Liddle de-
clared the said resolution duly passed and adopted,4
Mrs. G. E. Pallas and a Miss Chilford were before the Common
Council with a request that the F: E. R A: be granted the use of the
Community Room each day from eight o'clock in the A: M. to two o'clock
in the P . M. , for a sewing projects
Upon motion by Lenmon second by Ricbman; the said organization
was granted the use of the Community Room at such times as the same is not
engaged by other organizations; and under the direction of the Supervi sor
of the buildings Louis J. Claude
The following communications were reads and President Liddle
ordered that the same be placed on rile:
"November St 1935
To the City Council:
The Rochester Business and Professional Women' s Club was
much int erect ed in the report of it s Committ ee and in Mr. Bri ese' s
talk on City Zoning and wish to offer its support of the movement:
BUSINESS AND PROFESSIONAL HOME I S CLUB
By Ann Cooper, Secretary Is
0
375 }
Mr. Wylie Liddle;
"November 14th, 19351
i
i
'
Preskbnt of the Council
City Hall '
Rochester; Minnesota.
i I
� � I
In re:. Zoning Ordinance Proposal
Dear Mr. Li ddl e:
As Chairman of the Committee on Zoning appointed by the Rochester Junior
Chamber of Commerce, I wish to convey to you the stand, which the Chamber
is taking in the above matter: They are a hundred per cent for a reason-
able and helpful Zoning Ordinances
'FGN:MLS
Respectfully yours;
Chairman of the Zoning Committ ee4
Frank G4 Newhouse Is
The following communication was read, and Presi debt Liddle referred
the same to the City.Attorney; the City Enginner and the Building, .Electrical and
Plumbing Inspector:
*United Association of Journeymen Plumbers and Steam Fitters
of the United States and Canada
Rochester$ Minna
Nov: 11; 19364
Members of the Common Cibuncil,
Rochester, Minnesottre
Gebt 1 emen:
Several of the larger cities throughout the State have adopted
the State Plumbing Code; and the Rochester Plumber's and Steam Fitter's
Local #556 take the liberty of requesting that your honorable body
also accept this Code as a standard of minimum requirements for the City
of Rochesteri '
Respectfully yours;
Rochester Local #556
By Wm R Moore$ President: "
r
Notice of claim for damages by Henry Rink in the amount of $350400;
said injuries having been caused by said person falling, over a wire,which was laid
across the public sidewalk in front of 703 Sixth Street Southeast, and fast en ed
on one end to the post and. nailed into the ground on the other end, and was
part&,lly covered with leaves where it lay across the sidewalk$ was read, and
President Liddle referred the same to the City Attorney*
The following cancellation of assignment was read, and President
7 6
1
Liddle ordered that the same be placed on file:
"November 69 1935
Honorable Mayor and Common Council,
City of Rochesters <
Ro ch est er; Minn.
Gent 1 em en:
Having received payment in full for the Henry Grassle note and
mortgages you are hereby authorized and empowered to cancel the
�) assignment of monies due at this time and in the past to Henry
Grassle according to your contract to him ror gravel;
i� Yours very truly-,
I� Geo Alderson "
A communication from the Health Officer in regard to the purchas-
ngof Diphtheria immunisation and Snallpox vaccinations was read, and
resident Liddle ordered that the samebe placed on file:
An invitation from C: C. Ludwig, Executive Secretary of the
eague of Minnesota Municipalities, and an invitation from the Mayor of
watonna; Minnesota, to attend the Reginal Conference of the League of
nnesota Municipalities, to be held at Owatonna; on Friday , November 22,
935, were read, and President. Liddle ordered that the same he placed on
file, and upon motion by Lemon second by hnundsen, such offidcalks who
find it possible to attend were authorized to do so at the expense of the
City of Rochester$ Minnesota;
The reports of the Northern Natural Gas Company on gas tests
aken at Sioux City$ Iowa; showing an average BTU for the.week ending
(November 6, 1935 of 998; and for the week ending November 13; 1935 of
0079 were each read:
The City Clerk reported the receipt of $108:63 from the Franklin
one-half cent per M on 21, 725 ,000 cu. ft of
eating Station, for/natural gas used there during October 1935.
The report of the City Weighmaster for the month of October 1935
wing weighing fees collected in the amount of $47 10, was read$ and
resident Liddle referred the some to the Finance Comnitteea
377
The report of the Health Officer for the City Farm for the month of
October 1935; showing receipts 01;934 911 disbursements $1961 08, and a balance on
showing
hand of $1.9913076; and their statement of hogs - 262 bn hand November 1 1935,
were each read" and president Liddle ordered that the same be placed on .file.
The City Engineer's Trial Balance for di sbursen ent s .in his department
during the month of October 19359was read;
be placed on file.
and Presftnt Liddle ordered that the sami
The report of the Clerk of Municipal Court for the week ending
November 4, 1935; showing Criminal Fines collected $235 40, Civil Fees received
$5:90, Conciliation Court Fees received $10:50; Courti Costs char);6d to Olmsted
Count* 03a75; fines, etc., collected due to Olmsted Countyl 76 -0 60; for the week
ending November 11, 1935, showing Criminal Fines collected $294080, Civil Fees
received $7:25, Conciliation Court Fees .;,�50, Court Costs charged to Olmsted County
$19415; for the week ending November 18, 1935, showing Criminal Fines collected
$fi119.60; Civil Fees Received 01560, Conciliation Court Fees 05.50, Court Costs
cYiarged to Olmsted County a 17,85, were each read, and President Liddle referred the
same to the City Attorney4
Upon motion by Moody second by Amundsen,.:_ :', the sum of 1`,'-176:60 was
appropriated from the General Fund, and ordered paid to Olmsted County, Minnesota,
for local Municipal Court Fines collected due to Olmsted County:
The application of Lloyd A. Percival for a Driver's License,was read$
and upon motion by Green second by Amundsen; lioense was granted.
The Chief of Police orally reported in the matter of the transfer of
Conrad C. Wievoda's "On -Sale" and "off -Sale" Licenses to sell non -intoxicating malt
liquors at 16) Third Street Southeast to E. Ho Engel;; also the application of E, Hi
for Soft Drink Dealer's license and upon motion by Amundsen second by Richman, the
said transfer was granted*'
Upon motion by Amundsen second by Richman, the application of
E. H. Engel for a Soft Drink Dealer's License at 16 Third Street Southeast, was
el
;rant ed:
F, 9 v
NOV 18 1936-
The following Permits to Place and Maintain Signs were each read;
+I sr_d upon motion b Green second b 1l oo � ermits were granted: ' Rod Owl
II
y � dy � P f
%yore, °PrItLeess Cafe; Texaco Oil Co.; Lillian Coffee Shop; 'Oscar
Isrgesheimer; (3) ; Sack Shop:
L. A: Pellows having submitted a Surety Bond covering his
application for an Auctioneer' 7i License; th.e sr -lid application was taken
from the ttkble:for consideration.
TTpon motion by Moody second by Pichman; L: A: Fellows was granted
an Auctioneer' s Li -cerise:
The Auctioneer's License Bond of L,. A, yellows with the seaboard `
Surety Company as surety thereon- in the amount of �500100 -9 was read;
and upon motion by Moody second by Amundsen; the S1arety thereon was
accepted; the said bond wa,s &PProved; and it was ordered that the same be
placed on file
The application of Henry Voley .for Public Dance Permit at the
A. 01 II: W: Hall, November 9, and 16, 1935; was read,
Thn .following copies of resolutions passed and adopted by the
ssioners of the Sinking Fund of the City of Rochester; Minneebt•g;
ere each read; and upon motion by Moody second by Fryer; the actions
et forth therein were spproved; and.it was ordered that the samebe
laced on file:
Be it resolved by the Commissioners of the Sinking 7kind of the
City of Rochester, Minnesota;
" That the sum of `,200:00, be and the said spun is hereby
APPropriated from the Interest Fond of s',li.d City and rAid to the
City of Rochester Light Department for, refund of overpayment to
the Interest Fund on Warrant #1623% the 9mount paid being ' 2555.17
when it should have been 112355:17. "
Ric it resolved by the Commissioners of the Sinking ^and of the City
of Rochester, Minnesota:
That the sum -of $57,579.25 be end the said swn is hereby appropriated
from the Sinking Fund, :Code 23, of said City and n�iid to the City of Rochester,
Li;*ht Department, for replacement of machinery and equipment in accordance
with the followinn quoted resolution regl-lest of the Public UtiliW, Board:
"Be it and .it is hereby resolved by the Public Utility Board of
the City of Rochester, Minnesota; that the following book adjustments be
made in the Machinery and equipment accounts on the books of the said
Public Utility Board, said machinery and equipment having been removed from
the Plant as obsol et es
1 - A credit to Boiler Accounts and a charge to
Depreciation Reserve for boilers as follows:
Heinie Boiler. and Westinghouse Stoker #1 $ B;000�l00
Heinie Boiler and Westinghouse Stoker #2 9,00016
00
Heinie Boiler and Westinghouse Stoker #3 129200,400
Heinie Boiler and Westinghouse Stoker #4 7,50040
2 A credit to Boiler Auxiliaries Account and a
charge to Depreciation Reserve for boilers:
Balances Draft Regulators on Heinie Boilers 634000
3 - A credit to Meters and Gauges Account and a charge to
Depreciation Reserve for miscellaneous equipment:
Two Republic Flow Meters 2440'00
Boiler Steam Gauge 4510'24
4 .. A credit to 'Motor Accounts and a char, -,,a to
Depreciation Reserve for electrical equipment:
Motors and Turbine Draft Fan for Heinie boilers
2,500900
Motors and Forced Draft Fan for .Heinie boilers
2,50000
Motors for Westinghouse Stokers
564.99
Motors for Coal Elevators
333,53
5 .. A credit to Piping Accounts and a Charge to
Depreciation Reserve for piping:
Piping as installed in original plant and
"subsequently removed
14;003.70
6 - A credit to Surplus Accounts
2.79
57,578.25,
and
Be it and it is hereby further resolved that the
Sinking Fund
Comihi scion of the City of Rochester; Minnesota, be and
is hereby requested
to &Ppropriate the amoynt herein mentioned from the Sinking Fiend for Light
Depreciation Reserve to the Public Idtility Fund for use
to replace said
equipment:"
The following Committee Report was read, and President Liddle ordered
that the same be placed on file:
"November '16, 1935
gonorabl. a Mayor and Common Coun cil -,
City of Rochester$
Minn esot a:
( Gentlemen: '
I W Committee
e, the e and r e si �n ed C itt ee ropott a., follows in the matter
of the construction of the boiler room at the City'Hog Farm; which
was destroyed by fire this spring. The building has bean completed
and accepted by the Committee and recommend the payment of the 0225900
i
to 1,14 F. Costello for labor aand materials constructing. the same.
I�
Respectfully submitt. ed;
PUBLIC GROUNDS COMMIT. T EE .
S: Bnith Fryer
B+ Amundsen
Tom Moody "
`i The following report by the City Engineer was read; and President
i
Liddle ordered that the same be placed on file:
"November 18, 1935
Honorable Mayor & Common Council
Gent 1 em en :
I beg to submit the following report relative to the
matter of construction of a Sanitary Sewer in loth Street Swath -
east, east of 9 Avenue Southeast. The elevation of the bottom of
the manhole at the intersection of 9 Avenue end 10 Street Southeast
and the surface of the road way in 10 Street Southeast are as shown
in the following tabulation:
The table also shows the depth of the sewers at each 100
ft%_ station east of the 9 Avenue manhole:
0.0
101:95
Plus 33t E:
102-:39
1
plus 331
E:
1021B9
2
plus 33t
E.
102:49
3
plus 33 '
E:
100,49
4
plus 33
E4
99009
5
plus 33'
E
970'42
6
plu s 33'
E.
96.22
6
plus 60'
F
96:02
High suet
er mark,
1933, at 5 plus 67 to
93:05
890
ft:
9 3415
9. 24
ft
9 3.45
944
ft f
93475
8V47
ft�
94405
6 44
ft4
941435
4474
ft:
9418'65
2 77
fta
94495
1i27
fti
9543
0.98
ft4
96.50
I beg to recommend that in case this sewer is constructed that it
be ended at a point 500 ft4 east of the cent Fr 1�ne of 0 Avenue
381
Southeast;
Page 35-Look 53 -4 21-34
Page 48-Book 40 -9-3-21.
Res; ectfulIy,
Cr H. Armstrong,
City Dagineer.
The following claims were read, and upon motion by Lemon second by
M
Moody; the same wereallowed; and the Mayor and City Clerk were authorized and. dirPete
to draw warrant s upon the City Treasurer and make payment s accordingly:.
' From the General Fund: * Rat Lunches Co: A4800; �aality Print Shop
$ii50, Harry N: Tompkins 134-00; Rhooh J: Dison $3 00; I7estern Union U*-2.7; C; G: Will'on
$25;50, National Bushing & Parts $8 80; As M; Nelson $3 00;
Carlton E; Anderson 413400;
Rochester Post Bulletin $860181 Rochester Post Bulletin $4 509 City of Rochester
Light Dept: $153.90; Tri-State Tel & Tel Co; 137.25; Whiting Press 1, 3:N5; Qaality
Print shop NlotW; Jensen Hardware Co; 11.10-95; Red Owl Store $1:13t Princes Cafe
$1.B3, Hoffman Drug Store $603; Ruth Schreiber .13000a, Nellie Hs.nr�hnn` 40.00,
Olive R; Jones 1,409,00; RDyal Typewriter Co $99i00; 9dains Book Shop I.0:0, Qael.ity
pript Shop 17.50, Maxvin. Brown %125, H. S. Adams $7;65; Schmidt. Printing Co: $18:00,
Adams Bdok & Art Shop $2.00; Frederick Billiard & Lunch ($1.76; Manson hardware
Co. %$75; Rochester Electric Co: �1480; 7�allerton Lumber Co: lk24:35; Minnesota.
Northern Natural Gas Coo 129'109' The Sanitary Co. $.259 Code 20 General Pund 1191.911
Co -Operative Oil Co; $12,00; Co -Operative Oil Co. 125 34$ Co-Opera:f�ive Oil (!n. '95;F�
Western Union 159; 7ittie Granger 11'v3.04; Mack Int. "Hotor Truck Corp
D. C. Lochea,d `23.00; Rochester Cylinder Grinding Works k29.71; Fratzte Bros. 1.g8,
Hanson Hardware ro; l ;45, Tri _Stite'_Tel;`.& Tel +"Co, .S,12;259 mcnaligott Welding Co.
$4:501, 0. G. Hanson & Son $1iMo Yaji02241"Bushi ng & -Ra.rt s Co:
Prom the. Street andAlley Fund: ' Witte Tre,n.sfer Co; 150; ''Nitte
oransfer Co $-awt Rochester Iron 1drks $1;00; Pruett's Star` auindry'-11,50;
Co C. Pagenhart $184800 General Fund Code 8 $078, Geo: N. Hentges MO, Jack
.[cHugh $2.75; To Reiss $18�00, Rochester Auto Parts 1- 55'00, Code 29 General Fund
$159.29, Nelson -Tire Service Inc. `,, 4.60, The Sanitary Co: $420; Rochester Cylinder
31
& Grinding Works j 3:0 5, Fr of 7k a Bros. M7, Hanson Hardware Co, `16.65;
H. & H; Flectric ,Co $3.90, Railway Express Agenoy $1 9.7; Tri StA,t,e Tel
& Tel $12 25, McEl.ligott Welding Co: $1.40-75, 0. 0 I-mson Son 05i68
Fullerton Lumber Co.-30:00' National Bushincr ?c Posts Co. Al,
97; Co -Operat-
ive Oil Co. $65a61:
From 'the Fire Protection 7)and: reorge N,: iientges .50; Rochester
Grocer Co: $17.63; Foster Mrachek Co: $2:459 Pruett's E%cx Laundry 123478,
Olmsted County Oil Co; $2 40; M*, Nelson $2:50; Mvrning.Pride.. Mfg .Co. 11',12 EQ
Alexrnder
Auto Electric $1:20;
Tri Stete Tel OA Tel Co.
'Pure
Paint
Co: 1.86,
Honson Fvxdware Co.
114*159 Dodge Lumber;-,& I^uel
Co $43;02;
Railway.
Express Agency 20'24:$ Rochester Electric Co. S6.40, Home TL^undry 7- Cl eaners
15.589 Kruse Lumber Co: 07015; Hanson 7ardware Co. 15.75, T'ubon Yroodfinish-
ing end Products Co: 11:20; National Bushing ?: Parts Co. 113.94, Rochester
Plumbing & heating Co: �:25; Dcmelis &-to trecking Co: . 3:50; '''he Portable
fi ght Co. Inc: ,Ik3:96; "lludwest. "Lire Apparatus. Co. 1514'00; E. J. Dillon $48.60,
Drips Grocery 15:60 : ,
From ih e PPxk Improvement fund:' F'ratzk e Lro s: 3:19; Eagle Drug
IS.ore-16'00; J.. P. Spencer �Ih)1.75; Motor Sales " Service $975, FLitz
Residence Studio $20'50; Thompson Hand Laundry 0340; Beznel s Auto Wrecking
Co. $24,40 9 Code 28 General P'6tnd $7502; Hanson Hardware Co: $15 589
Si Adsm s BOQk &. Art Shop 07,15; Botsford Lumber Cot 110,10 ; 7 ack . lA cllugh
i 1:75, Tri St ate Tel & Tel Co; $13 87; City of Rochester chest er Tji rat Water
I.
rePt s. ? 11:48; Mark M. Hurd 112:00; James H: Starkey, Secy. 10000, Ellis
� II
Motor Co. OP412909; Rochester Ice SFuel Co: 39.54; John Reiss $580-00,
Nelson Tire Service 15:25, VcMligott Welding Co. $.50, 0. G: 71anson & �
Son 033. 21- Rochester Iron Works $ld.31; Kris Ni el son 1�179:00 , City of
Rochester Light Dept. $22.789 Tri State Tel & Tel Coo $24-90,
000
From the P, I4 R Fand: Martin Paulson $ 32 641
From the Sewer Farad: Lyon Gas Appliance Co, $46 50, City of Rochester
Light Dept $38009 Henry Blink" 043.20, IkcElligott Welding Co: $ ,501 Pruett's Star
Laundry $3 00, Rochester Cylinder Grinding Works $27100, Jensen Hardware Co, $;30,
'
Code 2g General Fund $ i 63; Tri State Tel & Tel Co $ 5, 75, H. & H. Electric Co,I$ 3. 30 ,
Railway Express Agency 01 48, Co -Operative Oil Co. .$105
From the Bridge Fund: Hayes Lucas Lumber Co $r 00, 04, G.: Hanson
& Son Ail .77 , Ful l ert on Lumb er Co 4 $ 31179
From the Lighting Fund: City of Rochester Light Dept. p1:629 City of
Rochester Fight Dept. $5:00 i4
From F, E. Williams. Estate: Hanson Hardware Co, $2400 , Adams Book
Art Shop 160289 F. J: Paine Co. 015.37, The Sanitary Co. $5.25.
Alderman Richman introduced the following Ordinance which was given
e
its first reading:
"An Ordinance providing for the formation and government of the Police Department
of the City of R ochester, Minnesotan
The Common Council of the City of Rochester, Minnesota, do ordain:
Section 1, That the Police Department of the City of Rochester, Minnesota,
shall consist of one Chief of Police, Three Captains of Police and Seventeen
Patrolmen, and one Jail Guard, exclusive of the Social Welfare Workipxs provided
for in Ordinanace No: 2834
Section 20 All rEmovals, suspensions; additions, promotions, etc. , shall
hereafter be done, -and carried out only in accordance with the provisions of this
Ordinance, of Chapter ti99 of the Session Laws of 19299 as amended by Chapter
197 of the Session Laws of 19339 which were adopted by resolution of the Common
Council of the City of Rochester, Minnesota, on March 2nd9 19319 thereby creat-
ing a Police Civil
Service Commission
for the City
of Rochester, Minnesota, and
Chapter 33 of the
Charter of the City
of Rochester,
MinneaQt4, so far as the
wane is consistent herewith.
Section 3. All ordinances and parts of ordinances inconsistent herewith are
hereby repealed.
Section 4. This ordinance shall take effect and be in force from and after
its passage and official publication. "
Upon motion by Green second by Amundsen, and all voting in favor
thereof,the rules were suspended the said Ordinance, was given its second
r eading+i
Upon motion by Lenmon second by llbod„y, and all voting' in favor
the rules were suspended, and the said Ordinance was given its timed and
final readinp
Upon motion by Moody, second by R11-chman that the said Ordinance be
adopted as read; and all voting in favor thereo f, the said Ordinance was
duly passed and adopt ed
Aldermen. Moody introduced the following Or. dinance,which was Given
it ^ first reading:
"An Ordinance providing for the formation and government of the
Fire- repe,rtment of the City of Rochester, Mlnnesotae
The Comon Council of the City of Rochester, Minnesotat do
ordain.:
Section 1; That the Fire Department of the City of Rochester;
Minnesota, shall consist of 27 members; one of w%rrich shall be Chief
of the Fire Department; two Assistant Chiefs, oneMechanic and Driver
of Pumping Motor, two drivers of Aerial Motor Truck; three Drivers of
Combination Track, two Drivers of Pirsch Combination truck, twelve
Firemen, one of which Firemen may be given the additional duties as
Superintendent of the Fire Alarm S�rstew
Section 20 A-11 removals; suspensions, additions, promotions,
etc;; shall hereafter be done and carried out only in aecord.enee with
Provisions of this ordinance and of Chapter 57'of the Session Laws of
1929, which was adopted by the Commom Council of the City of Rochester,
per resolution duly passed and adopted March 2nd, 1931, and amended
March *'Oth, 19311 thereby creating a Firemen's Civil Service Came --
mission for the City of Rochester, Minnesota:
Section 3. All ordinances and parts of ordinances inconsistent
herei,,rith `are hereby repealed.
Section 4: This ordinance shall tame effect end he in force
from grid after its passage and o fi ci al publ f cation. "
Upon motion by Fryer second by Pmundser, and all voting in .favor
Ither eof, the rules were suspended, and,the said Ordinance was rriven its
second reading.
Upon motion by Green second by Lemmon, and all voting in favor thereof,
the rules were suspended, and the said Ordinance was given its third and final
reading.
Upon motion by Greer_ second by Richman$ that the said Ordinance be
adopted as read; and all voting in favor thereof$ President Liddle declared the
said Ordinance duly passed and adopt edi
r
Alderman Riclinan introduced a resolution granting Public Dance Permit
to henry Foley for the A: 04 Ui .W: Hall November 9, and 16, 1935; and fixing the fee
at 16:00 , which was r ead4
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
said resolution duly passed and adopted
Alderman Moody introduced the following .resolution which was read:
"V�II!ZFAS, the City Pagineer. of the City of Rochester, Minnesota,
has caused to be repaired, under and in accordance with the provisions of
Section 249 and 2579 inclu 3ive of the Charter of the City of Rochester,
Minnesota, sidewalks in the said City, and has filed with the City Clerk of said
City a report of the cost of such sidewalk repairs in each case with a des-
cription of the lot or parcel of land abutting upon each sidewalk on which
such repairs have been made; which said report is now on file in the office of
the City Clerk of said City as eforesaidi
NOW TH REFJRI', Be it resolved by the said Common Council of said
City o:2 Rochester, Minnesota's
That , said Common. Council will meet at ?,:00 o'clock P; M; , on
December ?nd, 19351) in the Council Chambers, in the City ID911 in said City, and
will then end there levy assessments for the cost and expense of,making the
above mentioned repairs against the respective .properties and lots benefited
and abutting upon the sidewalk upon which said repairs have been made, according
to the provisions •of Section -253 of theCharter of the City of Rochester, Minn-
esota, determining the mode. of such -1,ssessnent .for such repairs as aforesaid;
Be it further resolved by said Common Council: That each and all
of the assessments so made by said Common Council pursuant to said Section 253
will be me..de by said Common Council unless sufficient cause be :=ho:vn to the
contrary and that objections to any. particular assesment must be filed with
=i 386
NOV t ; »A -
the City Clerk of 'sntd City one day befcrA tide time herel.n set Forth.,
Pe it further resolved: Thet the Cit;r Clerk of said City be e.nd
she Is hereby directed to cause notice of the time and place of said
mcotinJ and hearing and the purpose and object thereof end cause the
some
to be published once in the
official newspaper
of said City,
not
less
than ten days prior to the
date of said meeting
and hearing,
n
Uf)on motion bar moody second by rTrePn that the said resolution be
v
pied as read; and all voting in fin.vor thereof, Presfdoiit Liddle declared
he said resolution duly passed and adopted:
Alderman .Fryer introduced the followin? resolution wbich..T`r^^ rcf,d:
"V,'�?T.:.d .�'i, the City of Rochester; 'Minnesota; !I 1I.("rrt. ofore' e.ntere;d
into contract, for maktnrr .locol pu'.)1.ic improvements in. zrldd City during
the ve^.r, 1935, whi cb improvement s are to be paid for out of .the
Permanent Improvement Revolving Fund of said City, from the proceeds of
r
the special assessments levied by the said Common Council of said City
during the year 19359 and
j'U EREAS, There is not sufficient money in said Permanent Improve-
ment Revolving Fund to make the payments for the said local improve-
ments as the same become due, and
ZR.�EAS, the Common Council of the City of Rochdster, Minnesota,
deem. it necessary for the purpose of maintaining the caid Permanent
Improvement Revolving Fund and providing; money in advonce of and in
t
anticipation of the collection of rToci^1 assessments levied bar the
Common Council of said City of Rochester, to issue, negotiate and 1;ell
the bonds of said City of Rochester, to the aggregrate emount of
t
NOW m7'T'RrMCRr., Be it and. it is hereby resolved by the said Common
C��ur_cil:
That
said
Common
Council, for the purposes afor^s^.id,
do 1).=;roDy
isoue the.
bondo
of tho
said City of Rochester, Minnesota:-
in the
a!-_,gregrat e amount of, 18000.0^ which said bonds shall be denominat ic:ns cf
$5004'00 each numbered eighty-nine (89) to one hundred -qnd foul• (104)
both numbers inclusive, all payable to bearer, 9,nd the, sum of A1000000
.of the principal of the sF1dd bonds shall be die and payable on
December 1st of the years 1936, and 1937, and $2000,00 of the principal
Of snAd bonds shall be due and payable on December 1st, of, the years
19389 1939, and 19401 said bonds shall bear date December 2nd, 1935,
and interest at the rate of three (3) per cent per annum, from said.
date, payable semi-annually on, June 2nd and December 2nd, of each year,
with the interest to be evidenced by coupons attached to said bonds.
0
-- - -- ---- - -... -- ---------- -------- - - - --- - -
All principal and interest, shall be payable at the office of the City
Treasurer in the pity of Rochester, Minnesota, out of the Permanent Improve-
ment Revolving Rind of said City' and'if there be not sufficient money in
said Fund for that purpose, then out of the General Fund of said City.
The said bond and interest coupon thereto attached shall be sub st en-
tiaily in the following form,, viz:
UNITED S .ATES OF AMEPICA
COUNTY OF OLM SPED
Permanent Improvement Revolving Fund Bondi
No
STATr Or MI MI TE33T A
CITY OP RO CIiESI'F-
KNow A-L TAFN BY THE02, PRES11TTS: That th-e City of Rochester in the
County.o:c Olmsted and State of Minnesota, acknowledges and certified that
it is indebted to, and for value received, hereby promises to pay to the
bearer, on December second, 19 the sum of Five Hundred ($500000)
Dollars, together with interest on said sum from the date hereof until paid
at the rate of three (3%) per cent per annum, payable semi-annually on the
second day of June and December in each year hereaft e-r g both principal and
interest payable in lawful money of the United States of A erica, at the
office of the City Treasurer of the City of Rochester, Minnesot@,, out of the
Permanent Improvement Revolving Fund, of said City, or if there shall. not -
be sufficient moneys .in,said Fund to pay the same When due, then out of the
General Fund of said City9 and for prompt payment of this bond at maturity,
-with interest as aforesaid; the full faith and credit of the said City of
Rochester, is hereby pledgedi
This bond i si ssued for the purpose of maintaining the Permanent
Improvement Revolving Fund of said City, and for the purpose of providing
funds in adv&nee of, and in anticipation of the collection of moneys to be
derived from special assessn;ents heretofore levied, but not paid, for the
i
making of local improvements in the year 1935:
In witness whereof the City of Rochester by its Common Council has
caused this bond to be signed by the Mayor and attested by the City Clerk
and the corporate seal of the City t)6 be.Affixedhereto and has caused the
annexed interest coupons to be' signed by said Mayor and City Clerk by their
respective facsimile signatures, and said Mayor and City Clerk do, by the
execution hereof, adopt.,.,` as and for their own proper signatures, their
fac-simile signature; appearing on said coupons, all this December 2nd,1935.
Mayor of said City.
Att est _-_
City Clerk of said City.
COUPON ' FORM. '
No. __On the second day of June ( December) , 19_L. 7.50
The City of -Rochester, in the County of Olmsted, and State of Minnesota,
promises to pay to bearer Seven Dollars and Fifty Cents at the office of the
NOV 18 1936
City Treasurer of the City of Ro chest er, for. interest due on that day
on its Revolving Fund Bond. No._.________.
. Dated December 2nd, 1935
Attest:
City Cl erk4
Mayor of said City4
No
r
Be it "further resolved by the said Common Council: That the mayor
and City Clerk of said City are hereby authorized and directed to maJke,
Prepare acid execute the said bonds of the City of Rochester, Minnesota;
in accordance herewith, and to melee delivery of said bonds, to the City
Treasurer of the said City, . who will in turn deliver them to the pur-
chaser thereof, upon the payment of the purchase price end place the funds
realized from the sale in the Permanent Improvement Revolving; .^und of
said City; for disbursement for the purposes stated herein:
Pe it further resolved by the said Common Council: That the City
Clerk of said City be and she is hereby directed to publish a notice,
as -required by law, of a, meeting of the Common Council of said City,
which is directed to be held in the Council Chanbers, in the City Hall,
in said Cit�T on the 2nd day of December, 1935, at 2:00 P. M.; oche pur-
pose of openi.n.rr and considering bids for :said bonds, in the Rochester
Post-Bi_a.11 etin a local newspaper printed anr' published in said City, and
t'ie official newspaper thereof; the se,id advertisement for bids to carry
provision that, proposals for the purchase of a part of this issue will
be considered; it being hereby provided that this Common Council may at
its discretion divide the sale of these bonds to those which will be for
the best interests of the said City, and the said Common Council- reserves
the right t; reject any and all proposals; a.11 proposals to be accompanied
by a certified check drawn upon some reputable bank; payable to the
City Treasurer of the said City, for at least two (2) per cent -of the
principal Of the purchase price proposed which said certified check
shall be submitted and filed without condition except that if .the bid
for the said bonds is aocept ed the said check shall be applied to the
purcha^,e price of said bonds, otberwise to be returned to the unsuccess-
ful bidder or bidders, end tba,t it' the successful h.:_dder refuses to pay
the balance of the rur.ch.r,,.F(-,. price ti-Ic raid. certified check shell be
declared forfeited to the City of Rochester, Minnesota,, ?,s liquid",ed
damages0, "
UPOn -notion by Pryer second'by Amundoen, that the said resolution
e adopted asree.d, and all voting in favor -thereof President Liddle
eclared the said resolution duly passed and adoptedl
3 C J 11) 1
I ,
Q
Aidermms Green introduc'_ed a resolution approprrIating $644 40 from
the Sewer Fund; and ordering payment made to the City of Rochester Linht Department
for power furnished at the Sewage .Di'sposal Plant in accordance with the November
15, 1935 billing, which. was r eadi
Upon motion by Lemm.on second by Moody, that the said r. esoll.ition be
adopted as read, and all voting in favor thereof, President Liddle decloxed the said
resolution duly passed and adopted.
Alderman Green introduced a resolution appropriating `1611:35 from
the Park Improvement Fund, and ordering payment made to, the Mai /o Trust Pund, �'or
payrolls for labor for.the week ending, November 15, 1936' which was read;
Upon motion by Richman second by Car. een, that the said resolution be
adopted as read, and all voting in favor thereof, President Liddle declared the said
resolution duly passed and�adoptedj
The following "estimate was read; and President Liddle ordered that the
same be placed on file:
"November 181 1935
Hon: Mayor and Common Council
:Gent 1 emen:
I herewith submit Estimate No 2, which is final, in .favor of Martin
Paulson, Contractor; for construction of smiitary sewer in 5 Avenue Southeast,
from 11 Street Southeast to the center line of 12 Street Southeast, as plated
660 ft., of 8" pipe sewer at $145 per ft*" $693400
24 pee. of 6"'on 6" Brenches at $1400 each 24:00
2 Standard manholes complete at $65400 130f400
Less 5% for one year
Less Estimate No. 1 of
Nov. 49 1935
847600
$ 42.35
630:00 672.35
Reported as final Estimate, 174.65
Respectfully,
C. H. Armstrong,
City Engineer. "
Alderman Pryer introduced a resolution appropriating $174.05 from the
Permanent Improvement Revolving Fund, and ordering payment Made to Martin Paulson
' :390
Nov, I
as final estimate on/construction of sanitary sewer in Fifth rvenue Solit•h-
east, from laevertrb "%reef Southeast to the center line of Twelfth Street
South east , under Job 1.573, which was read -
Upon motion by Fryer second by A.400c>v Ahat the said resolution be
adopted as read, and all voting in favor thereof$ President Liddle de-
clared the said resolution duly passed and adopted. -
Alderman Amundsen introduced a resolution appropriating 11450.40
from the Fire Protection_ T'und, and ordering payment made to the 7ewitt
Rubber Company; for 2,000 ft, of 2-.�P' Double Jacket Dewitt Underwriters
Pire.TTose a,t 74 cents per foot; less 2f',�^ar.icr. T^ras read.
Upon motion by Amundsen second by T'ryer,thnt the said r. e-1aluticn
be adopted as r. erid, n,nd a,ll yotinn in favor thereof, President Laiddle de-
clared the so. -Id resolution duly passed and,adopted:
Alderman Amundsen introduced a resolution appropriating $245200
from the Park Improvement Fandt and ordering payment made to the Dodge
er &.Fuel Company for 350 sacs of cement at seventy cents eacht furnished
for improvement of Silver Lake; which was read:
Upon motion by Green second by Rickman g- that the said resolution
Ibe adopted as read, and all voting in favor thereof$ President Liddle de-
clared the said resolution duly passed and adoptedi.
Alderman Moody introduced a resolution appropriating $2,061:43
om the P. W. A: Doc$et )17�1473 Fund, and ordering payment made to Christensc-n
contract far
rectors Inc., for 5% v�dthheld onAru,171" ire sanitary sower constri:iction,
n Droo,dwav Street North and South, from Fourth �EStreet Northeast to Third
13trect Southeast, under. Job 1 07, Vwhi ch was r. ead.
�I Upon motion b Moo second b Or en t a'- , sold r sol_u
p. y Moody y e , .,h � she � d e. ati.cn be
dopted as read, and all voting in f^,vor thereof, Prooident Liddle de-•
7.�.r-d the said resolution duly passed and adopted.
391
plderma.i fttindsen introduced t)e..f0110Wing resolution wbi ch was reed:
"Be it resolvp�l by the Common Council of the City of Rochester, Minnesota:
That tb e. sum of 11100:00 be and the said sum is hereb-,r appropriated
from the Park Improvement Fund of said City and ordered paid to Louis Enke,
.for the purchase Price of the following, described prop ert-tr: I,ot s five (5) ,
six (6) , seven (7) , and eight (8) of Block six (G) , Head and McMahon' s
Addition of the City of Rochester, Minnesota: (As per resolution passed by
the Common Council of the City of Rochester; Minnesota October 30th, 1935) .
The Mayor 'and City Clerk are hereby authorized and directed to draw
a warrant for said sum upon the City Treasurer in accordance herewith, end
cause said payment to be made:„
Upon motion by Lemmon second by Amundsen that the said resolution be
adopted as read, and all voting in favor thereof; President Liddle declared the
said resolution duly passedaa:nd adopted:
Aldermen Green introduced the following resolution which was read:
"Be ilu resolved by the Common Council of the City of Rochester;
Minnesota:
0
That the sum of A50040 be and the said sum is hereby appropriated
from the Perk T.m7.)rovement Fund of said City and ordered paid to Ralph I.
Blakely and Maitie E. Blakely, for the contract for the nurchsse of the
following
described property: The
East forty—two feet of the Vilest
fifty
(50) feet
of the Southeast (quarter
of Block eighty (GO) ; Original-
Plat of
the Citzr of Rochester; Minnesota
The MAyorand City Clerk are hereby anthorized and d:i.r. ec-i6 ed to draw
wa,r2e.nt for s 1.id sum upon the City Treasurer in accordance h..or. etvitii, !P,n.d
cause said :,ariient to be made; and they a,re r11so authorised to e,fecute the
contract for the purchase of said lands. "
Upon motion by Fryer second by Richma,n_, th^,t the said resolution be
adopted %s read, and all. voting in favor thereof$ President Liddle declared the
said resolution duly passed and adopted:
Alderman 'ryer introduced the following resolution which :wa.s rend:
it rosolvod b-,r the Common Council of the City of Rcchest er, Minnesota:
Thatthe sum of $2500:00 be and the said sum is hereby appropriated fr
the Park Improvement Fund of said City and ordered paid to William He LaSalle
and Olmsted County Bank and TruEst Company, for the purchase price of the
3�
Nov 18 iij3j-
following described property: The South thirty—three (33) feet of
the Southwest Quart er of Block eighty (60) ; Original Plat of the
City of Itiochester-, Minnesota: (As per resolution. passed by the
II Common Council October 30 - 1935),
The Illayor and City Clerk are hereby wuthori 3.ed ^,nd directed. to
draw a vmxrant for said sum upon the City Trec,ourer in. ^ccord^nce
> �-
h cr e , ..ri-,, ; .1, n d c a.0 s e s:� �,i d p o:7m.en. t, to be m A•d e:
Upon motion by Lemmen second by ?Zichma.:n�th^t the ::,:.id resol.,.tt,ion
e a.doptcd ^.s real, Rnd ^:7.1 votin- in favor thereof, President Liddle de-
clared hhe s-Iid resolution cIvIV passed and adopted.
Upon motion by Amundsen second by Richmann.'$ the sum of 15000 ivn.s
anproprin.ted from the General Fund, and ordered paid to J. IV. Teller, Post
�'D�„ster, :for st mps for use of the City. Attorney:
Upon mot:on b-Tr r,e-rmon second by Prrrtndsen, the matter of the con-
inua-tion of the trunkl.ine Scnite,ry se7ver in Proadway Street South, from
hied Stre -i to Fifth Street,
vas referred to the City Engineer
d the Sewer Committee for .report to the Common Council-, at the fix:^t
eeting in December, if possible.
Upon motion by Moody second by Richman, the Common. Council
ourned4
City Clerk.
lzl� 3. /936