HomeMy WebLinkAbout09-07-1937416
Minutes of a regular meeting of the . Common Council of the City of
Rochester, Minnesota, held in the Council Caaabers, in the City Hall, in. said
City; ueptember 7th91937.
President Liddle called the meeting to order at ?:00 o®cloc} p.m.,
the following members being present: Liddle, Amundsen, Fryer, Green,
Lem 9n,.Moody. Absent: Richman.
Upon motion by Moody second by Fryer the minutes of the meeting
Of August 30th, were approved.
President Liddle stated this as being the time iset for the hearing
on the appeal of Olga Ferber from the decision of the Building Inspector in
refusing to issue a permit for the construction of a private garage at 910
Third Street Southeast, and asked if any one present wished to be heard
concerning said matter, 7,h6re was no person ' present who wished to be heard.
Alderman Moody introduced a resolution granting the request of
Olga Ferber
in appealing from
the decision of the
Building Inspector
in
refusing to
issue a permit for
a private garage at
910 Third Street
Southeast
and directing the ,Building Inspector to issue said permit ,which 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.
Clement Rodoplos was before the Council and made an informal
application for license to sell non -intoxicating malt liquor in the basement
Df No. 6 and 8 North Broadway, and President Liddle referred the said
request to the License Committee and the Chief of Police.
The report of the City Engineer for the month of August, showing
sbursements from the General Fund $868.829 from the Street and Alley
$1773.99, from the Sewer Fund 0604262, from the Bridge 'Fund $12:029and
om the P.I.RFund $6.34, was read, aid President Liddle ordered that the
e be placed on file.
the report of the Building, Electrical and Plumbing Inspector,
or the month of August,showing building permits issued$100.00, electrical
ermit s $18.25, and plumbing permits $570'259 was read, ar)d President Liddle
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eferred the same to the Finance Committee;
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The repoatt of the Clerk -of the Municipal Court for the week ending
Au ust 30th,1937, showing artminal .fines and costs collected $202.75, civil fees
received $14.40, conciliation court;, fees received $7050, and check from Olmsted
County, and . said report having been previously approved by the City Attorney, Presi-
dent Liddle ordered that the same be placed on :file.
The report of the City Weighmaster for the month of August. showing
88 private loads weighed and receipts $8:809 was read, and President Liddle referred
IIthe same to the Finance Committee:-.
The surety bond of C. C: Pagenhart in the sum of $7,000 00 with the
Aetna Casualty and Surety Company as surety; covering contract for the furnishing of
all labor, materials and equipment necessary for the construction of curb and gutter
on and widening of First Street Northwest , from Broadway Street North to Fourth
Avenue Northwest, was read, and on motion by Lemmon second by Fryer, the bond was
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approved, the surety thereon accepted, and it was ordered that the same be placed
on file.
The surety Bond • of C. C: Pagenhart , in the sum of $5000,00, cv ithithe
Aetna Casualty Company as surety, Covering contract for the furnishing of all labor,
materials and equipment necessary for Ibm Paving!.. -.of'. the'_ east. and .west'= :&lley in Blo
17 Original Plats from the west property line to 140 feet east, was reads and on
motion by Lemmon second by Fryer, the bond was accepted, the surety thereon approve
and it was ordered that the same be placed on file:
The surety bond of L M Feller, in the sum of $239500.00 with the
Seaboard Surety Company as surety covering the contract for the furnishing of all
labor, materials and equipment necessary for the construction of curb and gutter on
and widening of First Street Southwest, from Broadway Street South to Sixth Avenue
Southwest, 'was read, and on motion by Amundsen, seoond by Moody, the bond was
approved, the surety thereon accepted, and it was ordered that the same be placed on
The application signed by Cleo Lyke for a pin ball machine license at
501 Eighth Street Southeast, was read, and on motion by Amundsen second by Fryer,
license was granted:
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An application signed by J CID, Kleckner for a license -to pperate
two pin ball machines at ll� and 13-2 North Broadway, was read, and . on
motion by Green second by Amundsen, license was granted.
A communication signed by C:C.Pagenhart for a permit to move a
building from the C G.W. R. R. Co. tracks. opposite the Central Fire
Station to a location outbide the city limits, was read, and on motion by
Lemmon second by Fryer, permit was .granted:
A communication signed by the Sever Committee and the City
Engineer recommending that a sanitary sewer be constructed on Eleventh
Street Southwest from Sixth Avenue Southwest to a point 400 feet southwest,
was read, and on motion by Lemmon second by Amundsen, said report was
accepted, and ordered placed on file; ,
A communication signed by the Street and Alley Committee and the
City Engineer recommending that a sidewalk be constructed on the west side
of Thirteenth Avenue Northeast, from Center Street East to Second Street
Northeast, was read, and on.motion by Lemmon second by -.Fryer, said report
was accepted , and ordered placed on file. -
Mr. James TaSpillane representing the Chamber of Commerce, and
the Olmsted County Business Men's Association presented a proposed ordin-
ance prohibiting .the use of loud speakers, and all unnecessary sounds on
motor vehicles while using the streets or alleys of the City of Rochester.
Alderman Amundsen introduced an ordinance entitled an ordinance
prohibiting the use and operation of louts speakers : and amplifiers of arq
kinds prohibiting the use andoperation of motor propelled vehicles with
a muffler out off open and prohibiting all unnecessary sounding of
horns on motor vehicles while using the streets or alleys of the City of
Rochester, Minnesota, which was given its first reading:
An ordinance. amending an ordinance regulation the sale of
intoxicating liquor within the City of Rochester, providing for such sales
by duly licensed persons, establishing regulations for the operation of
places where such intoxicating liquor is sold, providing regulations for
419
k granting of such licenses, setting` --license fees, providing penalties for the violatio
thereof and repealing all inconsistent ordinances, this is an. emergency ordinance
rendered necessary for the :pres'ervation of the public peace$ health and safety, which
was given its Urst reading .on Aigast ,2nd,1937, was given its' second reading.
: An ordinance:: regulating peddling, soliciting, canvasers, hawkers,
itinerant merchants, and trantient venders of merchandise, introduced and given its
first reading on August 2nd919379 was given its second reading.
An ordinance'.prohibiting the sale or distribution of fire works or fire
crackers in the city of Rochester, Minnesota, introduced and given its first reading
on August 2nd,1937, was given its second reading.
An ordinance establishing an automobile testing station, requiring motor
vehicles to be tested, fixing a fee for making tests, and providing a penalty for
the violation thereof, introduced and given its first, reading on August 2nd, 1937,
was given its second reading.
An ordinance annexing Block 1 and the east half of Block 2, and the
adjacent streets and alleys in West Lawn Addition, a sub -division of a part -of Sec-
tion 3, Township 106-149 which was introduced and given its first reading on August
2nd,1937, given its second reading on August 16th919379 was given its third and
final reading.
On motion by Lemmon second by Green, to not adopt said ordinance as read,
and upon roll call all -members present voting in favor of said motion, President
Li -idle declared the said ordinance not adopted:
Geo. J. Allen representing Harvey W. Harrison, et. al-, presented a
petition and proposed ordinan ce . annexing Block 1 and the east half of Block 2, West
Lawn Addition and the west 8 rods of the north 2 acres of the east 10 acres of the
west 33 acres of the north half of the northeast 4 of Section 3 in Township No.106
North of Range 14 West.
Alderman Lemmon introduced an ordinance entitled, "An ordinance anne
to the City of Rochester, the following described real estate, situate in Olmsted
County$Minnesota. to -wit: All of Block 1 and the east half of Block 2, and the
adjacent streets and alleys in Westlawn Addition, and West 8 rods of the North 2 acres
of the . East 10 acres of the West 33 acres of the north half of the Northeast 4 of
420
�cp - ;337
Section 3 in Township No.106 North of Range 14 We.st, which was given its
first reading.
- 11 Mr. James T. Spillane representing Walter Riege, the owner of the
west 8 rods of the north 2 acres of the east 10 acres of the west 33 acres
of the north half. of the Northeast 4 of Section 3 in Township No.106 North
of Range 14 West, was before the Council and raised the question of the
legality of the ordinance annexing the property belonging to Walter Riege.,
and also protested the fact that said ordinance made no provision for
donating any portion of said proposed tract to the City of Rochester, for
public purposes. ,
With .the consent of Alderman Lemmon, who had introduced the said
ordinance, Mr Allen' s request for permission to withdraw the said
ordinance was granted.
Alderman Lemmon moved that the action -of the Council in not
adopting an ordinance armexing Block 1 and the .east half of Block 2,
11 in West Lawn Addition to the City of Rochester be reconsidered and
rescinded, which motion was seconded by Alderman Fryer, and all
members present voting in favor, whereupon President Liddle declared the
said motion carried.
A motion by Alderman Lemmon to adopt said ordinance as read,
annexing Block 1 and the East half of Block 2 in Westlawn Addition to
the City of Rochester was declared lost by President Liddle for want of
a second.
IIUpon motion by Fryer second by Green to not adopt said ordinance
as read, annexing Block 1 and East half' of Block 2, *Westlawn Addition to
. 11 the City of Rochester, and .upon roll oall , Amundsen. Fryer, Green and
moody, voting Aye, and Lemmon Nay, whereupon President Liddle declared the
said ordinance not adopted:.
Upon motion by Lemon second by Amundsen, the City Attorney was
-instructed to draft an ordinance repealing Ordinance No.279 entitled an
ordinance providing that no petition, application or plat for the annex-
ation of land to the City of Rochester shall be accepted or approved, nor
any land be made an addition to said City until at least 10% of the total
J
421
4 &Zea of such land exclusive of streets. and alleys therein shall have been dedicated
for some public purpose to b'O.. approved by the Common Council of said City.
'k A committee representing the Olmsted County Business Man Association
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was before the Council regarding unpaid bills of employes of the City of Rochester.
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Upon motion by Lemon second by Fryer the City Cleric was instructed to
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t' notify the heads of each department of the City of Rochester to take the matter up
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a with all employes in their respective departments.
r A committee representing the civic league of Rochester, was before the
council regarding the room in the City Hall dedicated to the use of the Civic Leagu
and on motion by Moody second by Fryer the Custodian of the City Hall was instruct
to return the use of said room to the Civic League .
Alderman Amundsen introduced an ordinance entitled, "An ordinance
prohibiting the placing on or in any motor vehicle in the City of Rochester, Minne-
sot.a, except with the consent of the owner or person in charge of said vehicle of
card, plackard$ hand bill, pamphlet, booklet, manuscript or any advertising matter tf
c.
any kind or description, "which was given its first reading.
Alderman Amundsen introduced an ordinance amending an ordinance regula-
tion the operation of bicycles and other similar conveyances upon the public street
of the City of Rochester, Minnesota, which was given its first reading:
Upon motion by Lemmon second by Amundsen, and all members present
voting in favor thereof, the rules were suspended and the said ordinance was given
its second reading:
Upon motion by Fryer second by Lemmon, and all members present voting
favor thereof, the rules were suspended and the said ordinance was given its third
and final reading:
Upon motion by Moody -second by Fryer to adopt said ordinance as read,
1 and upon roll call all members present voting in favor thereof, President Liddle
declared the said ordinance duly passed and adopted:
Upon motion by Fryer second by Green, the Public Utility Board, were
instructed to place street lights on Third Avenue Southwest between Second Street
Sout hmest and Third Street Southwest , and in the north and south alley between
Center Street West and First Street •Southwest and west of Eleventh Avenue Southwe
422
stp 1937
Alderman Moody introduced a resolution fixing the salary of
Peter Lynaugh and M. Putman, employes of the Street and Alley Department
per month
of the City of Rochester, Minnesota, at the sum of $123 67/, which was read.
Upon motion by Lemmon second by Moody, that the said resolutionbe
adopted as read, and all voting in favor thereof, President Liddle
declared the said resolution duly passed and adopted.'
Alderman Amundsen introduced a resolution ordering hearing on
the construction of a sanitary sewer in Eleventh street Southwest, from
Sixth Avenue Southwest to a point 400 feet southwest, which was read.
Upon motion by Green second by Lemmon, 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 `resolut ion transferring $225:23
from the Mubical Engertainment Fund to the Band Fund, thich was read
Upon mot ion by Moody second by Greeli,that - the said- resolution be
adopted as read, and all voting in favor therec'f, President Liddle declared
the said resolution duly passed and adopted.
Alderman Amundsen introduced a resolution transferring the
uncolleoted tax budget balance in the kusic$l Entertainment Fund to the
Band Fund, which was read.
i
Upon motion by Amundsen second by Lemmon, that the said resolution
be adopted as read, and all voting in favor thereof, President Liddle
declared the said resolut ion duly passed and adopted:
Alderman Green introduced a resolution ordering a sidewalk
constructed on Thirteenth Avenue Northeast, from Center Street East to
Second Street Northeast, 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
declared the said resolution duly passed and adopted.
Alderman Fryer introduced a resolution appropriating 022120 from
the Street and Alley Fund and ordering payment made to C.M.Boutelle for
sidewalks constructed, which was read:
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Upon motion by Amundsen second by Moody, that the said resolution be
zy..
r adopted as read, and all` voting in favor thereof, President Liddle declared the said
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resolution duly passed and adopted:
' Alderman Green introduced a resolution appropriating 256.85 from the
.k,
General Fund and ordering payment made to the Rochester Post -Bull etin,for official
publications and printing during August ,1937$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 declared the said
resolution duly passed and adopted.
Alderman Green introduced a resolution appropriating a4214, from the
Street and Alley Fund and ordering payment 'made to the National Cushing and Parts
Company'for Manley compressor.; e,letite rock crusher, washers, screws, etc., which
was read.
' Upon motion by Lemmon•second by Green that the said resolution be
adopt ed•as,read.-and all voting in favor thereof, President Liddle declared the said
resolution duly passed -and -adopted. ,
Alderman Fryer introduced a :resolution appropriating $680.82 ,from the
General Fund and ordering •payment made to the Cities Service Oil Company for 7989
gallons of gasoline furnished,in car No.EORX 6255t which was read.
, Upon motion by Green second ,by Moody,that the said resolution be adopt
1' I as read, and -all voting in favor thereof, President Liddle declared the said resolu-
tion duly_ Massed and adopted. '
11 Alderman Fryer introduced a resolution appropriating $694.74 from the
11 Street and Alley 'Fund and or'ddring payment made to the Barrett Company, for 1 tank
car tarvia,, which was read.
° ( 'Upon motion by Amundsen second by Green,that the said resolution be
adopted as read, and all vot'ing 'in favor thereof , President Liddle declared the said
resolution duly passed and adopted.
° Alderman Fryer" introduced a resolution appropriating $2139.20 from the
�t II Park Improvement Fund and ordering payment' made to the Mayo Trust Fund for' payrolls
for labor during the half month ending August 3lst,1937,which` was' read.
' Upon motion by Lemmdh '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.
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SU
The following claims were read, and upon motion by Fryer second
by Amundsen, and all voting in favor thereof, 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: Tom Moody $156-009 Berij: S:Green $15:00,
Be' Amundsen $15 00, Amiel L.Hlabe $15*00, W. A. Moore '8v15:00, Thfifty Drug
Store $2.46,
John C.
Byrne $60 000 9
Schnorr'
s Auto
Service 5.50, Mac's
Standard
Service $6.30;
Mayo Clinic
$41:66,
Weber
Rc Judd Co. $1:399 Health
Office Intact Office Fund $11o,139 Nelson Tire Service $21 95, Ceneral Fund
Code 28 $10:529 Louis W-Scott $79:009 John W. Gridley $8:069 Clements
Chevrolet Co: -�30'859 Postier & EggLers $15A01 Tri-State Telephone Co.$54:70,
Mason Publishing Co. $7:50; Hack & Goetting $9 00, The fix It Sinop $4.95;
R: A: Rockwood $10 00, Alvin E.Benike $13:209 Adams Book Shop $16.459 Quality
Print Shop $17:75, Adams Bood Shop $1 75, Victor A: Qvale $:20, 13- B.Smith
& Co. $8.25, China Hall $;30; Witte Transportation Co. $J50; Jensen Hardware
Co. $ 55, Hanson Hardware Co: $1635, Carl, G:Schwarz"'-$19a50,. Municipal Court
Contingent Fund $2715; Rochester Egg & Poultry Co: $;35, J:W:Ahderson $11000
Parkhill Brothers $1 94, J:F:McAdams •$157.50, BeC. Zuehlke $41.00, Adams
Book Shop $13 71, Whiting Press 0870-60, Adams Book Shop $14-65, F?:
Electric Co. $13 90, Victor Av Qvale. $2 56, J.M.Pruett $5:88, O:G Hanson &
Son $:209 Alexander Auto Electric Co. $15 80, Kruse Lumb4r Co: $54859 Dodge
Lumber & Fuel Co. $ 7.89;
From the Street & Alley Fund: C.& N:W. Ry.- Co. $:97,, Norman
Zimmerman $15 00,
J. M:
Pruett 01*509 Geo. N. Hentges
ll-;75, Theo. Farak
$1440, Rochester
State
Hospital $15:009 J:C:Thompson
& Co: $61.48, Alexandw
Auto Electric CO.` $16X8, Jensen Hardware Co: $1:80 % Dodge Lumber ;,c Fuel Co.
$1.14;
From the Sewer Fund: Trohn' s Supply Inc: $16,; 13, John St : Peorge
03:00; Rochester Ice & Feel Co. $2.-70, H: & H. Electric Co. $8:25, Jensen
Hardware Co: $4:209 Community Oil 001 $26:78, Tri-State Telephone Co. $5.75;
J M Pruett $3:001 Tom's Electric $4:501 O:GeHanson & Son 0:35; Jensen Hdwe:
COO $28.59;
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a:. From the Fire Protection Fund: Gambel Stores p8:84, Rochester Plumbing &
Heating Company p3:009 Dodge Lumber & Fuel Cibmpany << 15:21, Home Oil Company $3.301,_,
Quality Print Shop p16.25, Tri-State Telephone Company p21.39, Botsford Lumber
.yp Y
Company p4:68, Rochester Electric Company $25:159 Alexander Auto Electric Co p77:00,
4^
Carpenter, Idf.g. Co. p37:35; Jensen Hardware Co. $16.579 Pure Paint Co. 3.40, Hanson
F t,
Hardware Company p10:.30, Carl G Schwarz 42 00;. J.M.Pruett $5032, National Bushing &
.,_Y
Parts Co: 46p24.76, M W Associate Store $70229 John St -George 06.00;
From the Permanent Improvement Revolving Fund: Kruse Lumber Co.p3.55;
k' t From the Park Improvement Fund: J. M: Pruett $29e76, George Wood p10:00
- u
Weiser & Judd Co. p1:25, Monsanta Chemical Co' p90:00, Lyle Signs Inc:, $13.67, Chas
fr M• �
' Baldwin p7050, Rochester I.ce & Fuel Company $32a159 Morrison Electric Co. p1:759
E. A. Knowlton Company p5.369 Rochester Post -Bulletin p7.759 Tri-State Telephone
Company $300201
From the Bridge Fund: ' Hanson Hard fare Company p2:031 C. C: Pagenhart
II $5.90; 0: G. Hanson & Son p2:10, Dodge Lumber &Fuel Co. p2a37;
From the F E:Williams Estate Fund: Pure Paint Co. #8 35, 0. G. Hanson
& Son c$9:809 Hanson Hardware Co. p1:95, Geo: M. Hentges $2.00;
From .the Band Fund: Town Taxi $1: 50 .
Upon motion by Lemmon second by Moody, Alvin E:Benike, Building, Electri
and Plumbing Inspector was .granted a ben day vacation beginning September 13th,1937.
Upon motion by Lemmon second by Moody the Common -Council adjourned.
City Clerk:
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