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HomeMy WebLinkAbout03-07-1938550 j �4inutqs o f a re`g�ular meeting of the Common Council of the City of. P.ocl}ester, Minnesota, held in the Council Chambers, in the City Hall .t-ci -:e.:i.d on Pebruary 7th,1938. President Liddle called the meeting to order at 2:00. o'clock P.M. , the following. members beuig present: Liddle, Amundsen, Pryer, Green L emmon, iftoody, Richman.. Absent: None Upon motion by Moody second by Amundsen the minutes of the meeting of January 17th, were approved: ' This being the time fixed for receiving and opening bids for the purchase o .910,,000.00 2-2-c,4 Permanent Improvement Revolting Fund Bonds, the following bids were received and opened at, this time: Paine Webber & Company 1092400-00; Union National Bank, Rochester jAinnesota 4' 10,137.00; Sinking Fund Commissioners, City of Rochester, $10,071.60. President Liddle referred the above bids to the City Attorney for recommendation as to the legality of the bids.. President Liddle announced this as being the time set for .a hear- ing on the recorinendation of the Board of Zoning on the application of Kris Nielson, asking -at the north half of the north 963.07 feet of that part of Outlot 59 Northern Addition, which lies east of the road, be changed from a residential to an industrial district. Mr. Joe Strief, representing the property owners in the near gicinity and Wm. Schacht representing Kris Nielson, the petitioner, each reviewed the proceedings which had been before the Zbhing Board: Mr. A.R.Zick also spoke in favor of the proposed change. Alderman Amundsen introduced the following ordinance which was giver_ its first reading: "An ordinance emending an ordinance entitled "An ordinance for the purpose of promoting health, safety, order, convenience and general welfare by reggmlating the use of land, the location, size, .use and heir;hth of buildings and the arrangement of building on lots and the density of'. population within the City of Rochester, Minnesota, all in accordance with a comprehensive plan." The Common Council of the City of Rochester do ordain: Section 1. That Section_ two (2) of an ordinance entitled '-An Ordinance for the purpose of promoting health, safety, order, convenience, and. general welfare by regulating the use of land, the location, size, use and height of buildings and the arrangement of building on lots and the density of population within the City of Rochester, Minnesota, all in - 1. 55t Fr =t W8 �r. E laccordar_ce with a comprehensive plan' , be and the `)pame' i s hereby. amended by adding t the paragraph, described as . Northern Addition contained in the Commercial District o Se6tion Two (2) , the following description, to -wit: North half (g) of the North Nine hundred sixty three and ..seven one -hundredths (963.07) feet of that part of Out Lot Five (5) of Northern Addition'to the Town, now City of Rochester, Olmsted County, Minnesota, which lies east of the road" A committee .representing the painters union was before the Council regarding the City of Rochester employing -licensed painters. ;. On motion by Amundsen second by. Fryer, President Liddle was requested t appoint a committee to confer with the �. pp painter's union regarding said matter. Presi- dent Liddle accordingly. appointed Aldermen Amundsen, Fryer, Green and Moody, the City Engineer, the Chief of Police and the City Attorney. The report of the Clerk of the Municipal Court for the week ending January 24th showing criminal fines and costs collected 0117.809 civil fees received $3 85, conciliation court fees received $13451 for the week ending January 31st, showing criminal fines and costs collected %1112 00, civil fees received $9.709 conciliation court fees received 910,009 and th-eck from Olmsted County $211V'30; for th week ending February 7th,showing,criminal fines and costs collected $64.40, civil fees received $3.855 and conciliation court fees received $'1.50, were each separat read, and having been previously approved by the City Attorney, President Liddle II ordered that the same he placed on file: The report of the City Engineer for the month of January showing disbursements for labor from the General Fund $106 34, from the Street and Alley Fund $15560-379 and from the Sewer Fund $1540461, was read, ,and President Liddle ordered that the same be placed on file., Y The report of the Building, Electrical and Plumbing Inspector for the • j month of January, showing building permits issued ,$34.00, electrical permits 'ti12.75 and plumbing permits $29:259 was read, and President Liddle referred the same to the Finance Committee. A communication from Peter S. Mackey, Secretary of the Firemen' s Relief Association, requesting the approval of a first mortgage loan of $1,000.00 on the home of Charles W. Smart, at 703 Ninth Avenue Southeast, was read, and President Liddle referred the same to the Finance Committee. A communication from Dr. TeB.Magath, City Health Officer, regarding th situation of trailers.and eating places in'the City and requesting that a committee from the Council be appointed to meet with representatives of the Board of _Tiealth and welfare was read, and President Liddle accordingly appointed.Aldermen Richman 552 Building Inspector, and L emmon, A. F. B enik e/ andI.L. Eckhol dt , City Attorney, as such committee. A request from the City Engineer for an appropriation of 03,000.00 from the Street and Alley Fund and $1,000.00 from the Sewer Fund, for use cf the Street and Alley Committee, was read, and President Liddle ordered that the same be placed on file. The surety bond of Wm., Co Fraser 7,c Son in tithe sum of $13,000.00 with the United St -.motes Guarantee Company as surety covering their contract II for the construction of a trunk line sanitary sewer in Sixth Street South- west from Broadway Street South to the Fourth Avenue Southwest sewage lift station,was read_, and on motion by Lemmon second by Moody, the bond wwas .accepted, the surety thereon approved, and it was ordered that the same be placed on file. Stipulation of dismissal and the release of all damages in the case of Geo: A.Penton against the City of Rochester was read, and President Liddle ordered that the same be placed on file: A statistacal report of the Rochester Public Library was read, and President Liddle ordered that the same be placed on file: The application of the Foster Mrachek Electric Company for an electrician's license was read, and on motion by Moody second by Richman, the license was granted and the City Clerk instructed to issue the said license upon the filing of a surety bond covering the said license4 Applications signed by Cleo Daniels, Lawton Leigh Leon€a.rd, Ossar Janda, and Wm. •F. Daly, for•drivers licenses were each separately ead, and on motion by Richman second by Amundsen, licenses were granteds The following communication was read, and President Liddle ordered thc:t the same be placed on file: "TO THE COW -ON COUNCIL AAD TFLE BOARD OF PARK C0151ISSIONERS OF T'IE CITY 011 ROCUESTER:- We have long recognized the fact that one of the urgent needs of our city is a public auditorium of sueh design and site as adequately to meet many civic requirements. The existing contract between Mayo Properties Association and the City of Rochester and the Library Board of the City of Rochester provides that money received from the sale of the old library property shall be applied toward the construction of an auditorium. To . accomplish this. objective .in the immediate future and provided the above fund is now made avai101e for this purpose, we offer to construct cnd to equip on the site hereafter mentioned a- suitable building sufficient in size to meet public needs for many years, to supply the additional funds necessary for such construction and equipment, and when the building is completed, to transfer it as a gift to the City of Rochester; 553- We believe that with such a building properly eGuipped for cultural, social and recreational. purposes, facilities now lacking in our city will be pro- vided and many conventions, meetings, public gatherings and athletic contests from a wide territory will be brought to Rochester and that theatrical, musical and other civic functions will be induced to come here. Such a building might be used .for many activities, at the public schools of Rochester to supplement school facilities, although it would not be a substitute for adequate assembly quarters and needed cla s rooms for our splendid educational system. I We are making this proposal at this time because many in this city are unemployed due to general business conditions. The construction of a building of the size contemplated would furnish employment to a lame number of men. We also feel that for proper development of the city and the benefit, of its citizens, such a building is an immediate necessity and sculd be erected and put to use as soon as practicable' Such a gathering place'should be close to the center of the city and easily accessible, with convenient parking space in the:vicinity. After full consideration, we have reached the conclusion that the most desirable location is in Mayo Park at or. near the location shown by the attached plat. The building so to be erected shall be known as and called 'kfayo Civic Auditorium" and shall become & part of the park property' of this city: -1 We do not wish to impose any conditions upon the use of this building as conditions imposed today might be unsuitable and onerous tomorrow, but it is out wish that the :charges which may be made for the` use thereof shall be only such as are necessary for maintenance and operation and the creation of a fund sufficient t keep it in first class repair. Should this proposal be accepted, we will at once have plans and specifications prepared in order that the work may be commenced as soon as possible Dated January 31, 1936 Charles H. Mayo MAYO PROPERITIES ASSOCIATION By W. J. Mayo, Chairman H. J. Harwick, Secretary." Alderman Amundsen introduced the resolution, which was read: "WI?1�ZEAS, Dr: Charles He" Mayo and Mayo Properties Association in written communication to the Common" Council and the Board of Park Commissioners of the city of Rochester have offered to construct and equip a pivic auditorium in Mayo Park.and pay the entire cost thereof over Uhd above the amount which may be realized from the sale of Lot 5 and the east 36 feet of Lot 6, Block 1S, Original Plat, which is known as the old library property, and when completed, to present the same to the City of Rochester to become.a part of the park property thereof; NOW, THEREFORE, Be it resolved that said proposal be, and the same is hereby, accepted and that the board of park commissioner's, be, and they hereby are requested and authorized to accept the same and take such other action in regard thereto as may be necessary or conveni-ent to carry the same into effect; Be it further resolved that said building be known as and called "Mayo Civic Auditorium". Be it further resolved that, upon the sale. of the old library property the proceeds thereof be placed in a special fund to be knawn as the "auditorium �31 W➢ ui (554 fund" to be paid to Mayo Properties Associartion upon the certificate of Ellerbe &. Co. , architects of said building, that..the labor,performed and materials supplied for such building are qqual to the amount of .such fund." Up n motion by Green 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• .adopted. Aldermen Fryer introduced the following resolution, which was r ead: "WHEREAS, Dr. Charles IT. Mayo and Mayo Properties Association have offered to erect and e uip an auditorium in Maro Park and present it to the City of Rochester as a part of its park property;. "N07-1 TH'.tI?EFORE, Be it resolved by the Common Council of the City of Rochester, that, in behalf of the City of•Rochester and its residents, we express to the donors our great appreciation of their generous gift which again evidences the great interest whichtheY have alwEz-.;-s i ir.Lken in 011... ccr muni ty , heir eagerness to' be of service to _ it, and their love and affection for it; Words are inadequate to fully express the esteem in which we hold . [r1 both,'Dr. C'Qarley' and'Dr. Will', not for their many generosities, but. 3' because of their outstanding example of civic minded and true citizens in the best s4nse of the word. fig While we could say much more, we feel that they will fully poli understand our sentiments towards them and again we extend to them the = thanks of a greatful community..' Be it further resolved, that certified copies of'this resolution be delivered to Dr. C'Oarles He Mayo and Dr. Ift. J. Mayo, and the Mayo Properties Association." Upon motion by Moody second by Pryer, that the said resolution be adopted as read, and all voting in favor thereof, President Liddle declared the said resolution duly passed and adopted: A copy of a resolution passed and adopted by the Board of Park Commuissioners of the City of Rochester, accepting the* proposal of Dr. Charles H. Mayo and the Mayo Properties Association, to construct and equip an.auditorium in Mayo. Park, . was read, and President Liddle 'i ordered that the same be placed on file. The City Engineer submitted an estimate in the sum of 01895e83 in favor of Wm. C. Fraser & Son, for 85't, of the cost of material on hand, and work completed on the construction of a sanitary -sewer trunk line sewer in Sixth Street Southwest. €: The Finance Committee of the Common Council submitted a communica- tion in writing; recoiwnending that a loan of $1 0OU4,00 be made by the Rochester Firemen's Relief Association to Charles T. mart on his home at 703 Ninth Avenue Southeast. 1 555 .. Upon motion by. Green second by Amundsen the report of the Finance Committee was approved. ..� The following ..communication, from the off Sala liquor dealers of the rx. , City of Rochester, was read, and President Liddle referred the matter to the } City Attorney: :s 7 , "Rochester, Minnesota, . January 26, 1936. >= x' To the Honorable Mayor, ' and City Council Rochester, Minnesota. Gentlemen: We, the Off Sale liquor dealers of Rochester, ask you to reduce our bond requirements to one thousand dollars. The State requires a minimum bond of three thousand dollars for On Sale dealers, with a maximum of five thousand dollars, and one thousand minimum, three thousand maximum for Off Sale 'f>= stores. The Off Sale dealers in Rochester are bonded under the maximum, while t ' on sale dealers the latalmimu dquir:ementsi.of.: ,the State e The monies for these bonds goes out of town- the ' City of Rochester does not benefit. We hope you will see fit to reduce our bonds before April first: Joe Wallace Christ Margellos Hazel "Kitzmc,n Emanuel Kostakes Robert Kennedy Leo A. Huey x , R.M. Graen " II The City Attorney submitted the following opinion regarding the proposals for the purchase of .jlO tOOO,0O Permanent Improvement Revolving Fund Bonds which had been submitted: "February 7 ,19 38 Honorable Mayor and Common Council, .;# City of Rochester, Minnesota. Gentlemen, The matter of the bids for the sale of $10,000,00 Permanent Improvemenu :;♦ Revolving Fund Bonds has been submitted -to the undersigned for examination and recommendations, Upon examination of the bids I find one bid by Paine, Webber & ComyDany > w wherein they offer to pay in addition to the principal the sum of 010( 00.OQd :.aty and accrued interest and in -addition thereto $240.00. This bid is made upon condition, among other things, that all of the taxable property in the City of ` Rochester ,�e subdect to a levy of an unlimited tax to pay the principal and �V r ; � interest on these bonds when due: In accordance with the Charter of the City of Rochester these bonds were Y issued under authority given in Section 16,B, sub -division 5, of our Charter an they are parable from the Permanent Improvement Revolving Fund or, if on r4 account of non-payment of assessments there shall not be sufficient monies in such Fund, to pay them then from the General Fund. The payment of these bonds is not within the terms of the proposal of Paine, Webber & Company and for tha reason I recommend that their .bid be not considered: I find one bid made by the Union National Bank of Rochester, Minnesota, wherein they agree to purchase said bonds on a basis of two percent (2%) yield or a two percent (2%) interest. I find, also, a bid from the Sinking Fund 5-56 -�J Vommissioners of the City of.Rochester, wherein they agreeto pur- chase said bonds and pay a premium therefor of %871.801 together with accrued interest. The bid by the Union National Pank is the low bid, complies with all conditions, and I recommend that, its bid be accepted: ' Very res ectfully yours, Irving L..Ec4holdt, City Aj;torney. " Alderman Lemmon introduced the following resolution$which was ' r ead: "Be it resolved by the Common Council of the City of Rochester, Minnesota: That the bid and proposal of the Union National rank of Rochester, Minnesota, for the purchase of $10;000.00 .Rochester ,2�1-% Permanent Improvement Revolving Fund Bonds, at par, a premium of $137.00, and accrued interest from date of bonds to date of delivery, be and the said bid and proposal is hereby accepted." Upon motion by Fryer second by Amundsen,that the said resolution be adopted as read, and all voting in favor thereof, President Liddle A declared the said.resolution duly passed and adopted. Upon motion by Amundsen second by Moody, the City Clerk was authorized to return the certified check which accompanied the proposal of Paine, Webber & Company. Alderman Moody introduced a resolution appropriating U20000 froll the General Fund and ordering payment made to Christensen x Ronken, for services in District and Supreme Court in Campion vs. City of Rochester, which was read. Upon motion by Fryer 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 Moody introduced a resolution appropriating $212.60 from the Park Improvement Fund and ordering payment made to the. Jrensen Tardware Company, for floor enamel, park bench green, etc. furnished during Januesy,19.389which was read; Upon motion by Green second by Moody,that the said resolution be adopted as read, and all voting in favor thereof, President Liddle declared the said resolution duly passed and adopted; Alderman Lemmon introduced a resolution appropriating $320.85 from the General Fund and ordering payment made to the City of Rochester, Steam Heating Dept. , for steam heat furnished at the. City t-all,which was read. I 557 a 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 L emmon. introduced a resolution appropriating $362055 from the Park Improvement Fund and ordering payment made to the Sanitary Company, for labor and materials for soldier Field Clubhouse, which was read: Upon motion by Lemon 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 adopted:. Alderman Green introduced a resolution appropriating $403:44 from the Street and Alley Fund and ordering payment made to the General Fund, Code 289 for gasoline furnished from the City Filling Station,which was read Upon motion by Moody second by Green,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 appropriating44241 30 from the Park Improvement Fund and,ordering payment made to the Fullerton Lumber Company, for lumber, insulite, cement, etc-9 for Soldier Field Clubhouse, 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 said resolution duly passed and adopted: Alderman Fryer introduced a resolution appropriating $470:17 from the Street and Alley Fund and ordering payment made to the Street and Alley Fund, for Use of equipment during January,1938,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 adopted4 Alderman Fryer introduced a resolution appropriating $75139 from the Park Improvement Fund and ordering payment made to the Mayo Trust Fund, for payrolls for labor during the half month ending January 3191938,which was read. Upon motion by Richman second by Lemmon that the said resolution be adopted as read, and all voting in favor thereof, President Liddle declared the said r_esclution duly passed and adopted. 558 Alderman Richman introduced a resolution appropriating $1895,083 from the Sewer Fund and ordering payment made to Wm C. Fraser & Son, for estimate No.l on contract for construction of trunk line sanitary in' Sixth Street Southwest, which was read. Upon motion by Moody second by Amundsen, that the said resolu- tion be adopted as read,'and all voting in favor thereof, President Liddle declared the said resolution duly passed and adopted. Alderman Richman introduced a resolution appropriating $2730.55 from the General Fund and ordering payment made to Anna P. Campion, for damagesdandgcourt costs in district court judgment of Campion vs. .City of Rochester ,. which was read: UPon motion by Lemmon 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 adoptedz Alderman Amundsen introduced a resolution appropriating 04 9000-000 for use of street and Alley Committee, $3,0000-00 thereof from the Street and Alley Fund, and $19000.00 from the • Sewer Fund, which was readz Upon motion by Green 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 $4520.00 from the Fire Protection Fund and ordering payment made to the City of Rochester, Water Department, for fire hydrant rental,which was read: Upon motion by Fryer second by Moody that the said resolution be adopted as read, and all voting in favor thereof, President Liddle declared the said resolution duly passed and adopted. An ordinance repealing an ordinance prohibit'ing)txcept in case of extreme emergency, the use of the public streets or alleys in the City of Rochester, Minnesota, for the purpose of delivering goods, wares or merchandise, to others, between the hours of twelve o' clock midnight and five o'clock in the forenoon of any and all days during the months of December, January, February and March of each year, and between the hours of twelve o'clock midnight and four o'clock in the forenoon on any and all days during the months of April, Ma�> June>.July► Auguust r September, October and November each year, introduced and given its first T >� ' 'at I 559 reading on December 6th,19379 its second reading on January 3rd919389 was given its third and final reading. ' On motion by 'Fry E second by Green, to adopt t1fe said ordinance as read, and upon roll call, 'Aldermen Amundsen, Fryer Green and Moody -voting "Aye", an Aldermen Lemmori and Richman `voting "nay", Whereupon President Liddloe declared the said,. ordinance duly 'passed and adopted: An ordinance eepealing an'ordinance providing that no petition, applic IILion or plat for the annexation of any land to the City of Rochester shall be accel ted 'or approved nor any land be made an addition to said •City unless at least ten per cent Hof the total area of such land, exclusive of streets and alleys therei , shall have been dediCated'to some public purpose to be approved by the -Common Council of said City, introduced and given its first reading January l'Ith91938, was given its second reading. _ Mr J. C. RCbb-ei.s,.District Construction Engineer of the Minnesota Highway Department, was before the Council and discussed the matter of repaving Bro%dw%y Street North and South. Upon motion by Lemmon second by Richman, the City Clerk was instructed to prepare the necessary resolution to be submitted at the next meeting of the Common Council, calling a hearing on the construction of curb and gutter on and paving of that part of Broadway Street South, from the south line of Fourth Street Southwest and Southeast to the South line of Sixth Street Southwest and Southeast. Upon motion by Fryer second by Richman, the City Clerk was instructed to notify the different departments of the City to prepare and file'inventories of their various departments as of February 28th,19380' r The following; claims were read, and on motion by Moody second by r'PG Lemmon, and all voting in favor thereof, ther,,168--ar��eTsd.&flowed and the May and r}' ` City Clerk were authorized and directed to draw warrants upon the City Treasurer an make payments accordingly:. ' From the G-eneral Fund: George Wood $220-50, Standard Oil Co. $13.25, Tri-State Telephone Co. $26.15,- R. .C. Drips Grocer Coo $8.00, General Fund Code 28 1.5,27146, Mayo Clinic $ 4' 1 66, Sehnorr's Auto Service $6.93, Health Office Intac(b Office Fund 81$.221 Miller Davis Company $38 001, J.M.Kittley $P68620, Tri-State Telephone Co $27.60, Dr. F.H Powers`$h2.00, Postier & Eggers Co. $16050, Co�1minity Oil Company $19.15, Lloyd Fryer $11.78, H.- & ICI. Electric Co. $6.80, Earl L. Irish $�2.06'.1 General Fund, Code 28, `4v145.04, Western Union $2.78,- Klein's Service rs:i �ff'N Station U0.989- Nelson Tire Service 01:;2.59 Barbes Cafe $55.509 Tri-State Telephone .56 0 Company $514309 Hanson Hardware Co. $2.45, Whiting Press 061000, Geo. A, Fenton $75.00, City of Rochester, Light Dept. n°34.50, Free Press Co.. $4.7r9 Victor Meyer $75.00, Miller -Davis Co. $1.9 5, Schmidt Printings - Co. ¢9.25, C. F. I{asset' Co. w2.029 The Sanitary Company $8059 Jacob Holzer $1.56, Tim PATyear $45.00, Schmidt Printing Co. $4.40, J D:+ Kelly $89-150, Pruett's Fuel Co. $42.0-5Q, H. P:_ II*, Electric Co. $31„75, I1. Dornack $19.01, Jensen Hardware Co $13.919 R.0 Drips `Toter Co: $24.30, Geo.N.Hentges $2.25, Mack Int;ernationAl Motor "'ruck Corp. $3.73, Street and Alley Fund $7.669• General Fund Code 28, $57.23, &aEaSwanson Co: v$6 4,1001 Mack International Motor Truck Corp. $130-459 Quality Print Shop $91.75, Motor Sales & Service Co $15 53, Adams -Book Shop $180-909 Rochester Post -Bulletin $157090, Pruett'.s Star Laundry $3,24, Schmidt Printing Co. $12400, 00, C-. ?Tanson c Son 00.35, Alexander •Auto Electric r$4030, Wm. C. Klebs ,$11.30f From the Street and Alley Fund: McCormick Deering Store $1865, Sewer Fund $3.75, H. :. H. Electric Coo Al 50, Pruett's Star Laundry $1a50, Harry J. Johnston $30859 City of Rochester, Light Department, v 2.00, Seth Morse 0172.80, Nelson Tire Service $3.15, ?�oche'ster Auto a� Market 04.32, General Fund $31 50,Stre'et. and Alley fund .0530 66, 0. GG Hanson & Son $.27, Carl GO -Schwarz, $20 55,.Alexander .:Auto Electric $330,861 Dodge Lumber & Fuel Company $66075, Fullerton Lumber Coo ° 3.559 Wm. C. Klebs $1660 ; From the Sewer Fund: City of Rochester, Light Dept: $1E.00, Simplex Valve & Meter Company •$4:469' "-eneral Fund, Code 26 $2472, Pruetts : x Star Laundry 403.00 , Tri-State. Telephone Co. $5.75, Rochester Plumbing & Heating Co. $9.409 Jensen hardware Co. $4.32, Rochester Ice' :° :uel- Co. $87.43, Dodge Lumber & Fuel Co.. $169�279 .Fratzko mothers, $4.819 Fratzke Brothers •, .45, Street and Alley 'und $178:00, Maass ci McAndrew Co. 8,7.259 Sewer Fund $124'00 9 Street and, Alley Y-Und $.35; Jensen 111.ardwaye Co. $.70 The Sanitary Co. $.20 , 0. G.$anson � Son $ �20 , Carl G�. Schwarz ; i Rp, �•a:. $440 - Dodge Lumber Fuel Co. 18.81 Fullerton Lumber Co. $24= From the Fire Protectign F nd:,. Tri State Tel Co. $18.059 .Fullerton Lumber Company $31&36,, Railway Express Agency $.91, Carl G. SLvhwarz,.$l165.'. F.•J. Paine Company $96.#75-1 Maass MCAndrew Co. $.3D9 Alexander Auto Electric Co: $29.40, C� F4 Massed Co $72.189- Rochester f r '56 1 14 : Grocer Co. 11140,30, Geo. N. Hentges $$ 259' Quality Print Shop 08.201 H: XQ Johnston 01 75, 'Rochester' Electric Co 24:94$ Dodge Lumber .& Fuel Co. $69.90, American LaFrance & Foamite In dustries,Iric $142.50, ' Seagrave Corporation $1000, Jensen. Hardware Coy 4.55; _ From the Park Improvement Fund: Dodge Lumber & Fuel Co. '8535.08, Tri- Telephone C.o $17 00, Otto W: Riess 7.809 Carl G Schwarz, ti59.05, 0 G�Hanson & Son 116,36, H E Swanson Co 41:40, City of Rochester,Light Dept. $84'001 General Fund $127.87, Charles Baldwin $7:50„Rochester .loe.& Fuel. Co. $184.60, Eanle Drug Store 1 1.;, Maass &McAndrew Co $a50, .L�F:Milostan $10 85, ^Wm: Co, Kl ebs 82.75, Roche§ter Auto* Parts $22 59,'•Fratzke Brothers $8 42'; 'Witte Transportation Co. �`.50, Rochester Grocer Co s10:509Adams Book Shop $1:209Royal Typewriter Co. 1.25, McCormick Deering Store $26, Motor Sales & Service Coo 05.35, Nelson Tire Service 13d07; City of Rochester, Light Dept. $17:26; From the Lighting Fund:bity of Rochester, Light Dept. $5 00; From the F E Williams Estate Fund: Cii�#y of R o c h ester, Light Depty $6 08, Rude Kruger p2.50, Simon Stenstud $�100d69, L F:Milostan $2 80, Hanson i Hardware Co. Dodge Lumber & Fuel Co. $11380*70, The Sanitary Compary $.65, Kruse 'ComparV $50:880- Upon motion by Green second by Lemmon the City Clerk was instructed to request Warren S. Holmes Company to adjust the values of pity properties as of April lst,1933 for insurance purposes. An application signed by the Cc -Operative Oil Credit Union for a permit to hold a Public dance, in the Armory,.on February 10th9was read. Alderman Richman introduced; a resolution granting public dance permit to the Co -Operative Oil Credit Union, for the Armory on February l0th91936, and fixing -the fee at $3.00, which wa's-read. ". Upon motion by Richman second by .Lemmon that t:11.e said resolution he adopted as read, and all voting in favor thereof, President.Liddle declared the said resolution duly passed and adopted. Upon motion by Richman second by Lemmon the Common Council adjourned to 7:30 o'clock P.p.M., on February 23rd,1938. p 3 -�93g c a City Clerk. Minutes of a regular meeting of the Common Council of the City of Rochester, Minnesota, held in the Council Chabbers, in the City Hall, in 'said City, on March 7th,1938. President Liddle called the meeting to order at 2:00 o'clock P.M.. the following members being present: 'Liddle, Amundsen, Fryer, Greefi, . Lemm•on, Moody,Richman. Absent: None. Upon motion by Moody-r.i second by Amundae4,the minutes of the meeting of February 23rd, were approved.. Mr. Joseph F. Mackey was before the Common Council and presented e4 petition signed by Joseph F. Mackey, et. al., petitioning the Common . . . N- Council to serve notice on the Minnesota orthern Natural Gas Company of the Cityts intention to acquire'ownership of the .gas distribution system. Mr. Mackey stated that other petitions will lie presented later sand President Liddle ordered that said petition' be placed on file. Mr. A. H. Clemens was before the council representing residents of North Rochester and offering objections to the authority being granted to the peoples co-operative power association of Olmsted County for use, of streets, avenues, and city duct line in North Broadway Street, and Iother city property for the erection of transmission lines. Mr. James T. Spillane, Attorney for the Peoples Cc -Operative Power Association, was also present and spoke in support of the authority granted to said Association by the Common Council. The matter was left open and to be referred to Committees to be appointed at some future time. Mr. Wm. S. LaPlante, presented 'a petition signed by Floyd E.Plein and Elvira M. Plein, owners of the south 91.67 feet of the West 76 feet of Lot '101 Anditor's Plat "A", and the South 91.$7 feet of the west 131.15 feet of Lot 101, Auditor's Plat "A", except the west 76 feet thereof, respectively, asking that said tracts be changed from a residential district, as defined in Section 2 ofthe Zoning Ordinance of said City, to a Commercial District, and on motion by Lemmon second by Fryer, said, petition was received and ordered placed on file and referred to the Zoning Soard of said City. k 01 V 571 Sfii��: - I{1JU Mr. Robert W. ,Langgonss Manager of Buttreys Store, was before the Cou: - cil protesting against the placing of a sign for the Connolly Beauty Shop at No. ll* South Broadway. The report of'the Clerk of the Municipal Court for the week ending February 28th, showing criminal fines 'and costs collected $116.809 Civil fees received $16.459 conciliation court fees received $$4.00, and check from Olmsted County $$32.00; and for the week ending March 7th, showing criminal =f Ines and costs collected U51.20, . civil fees received '011.959 and conciliation court fees received were each separately read, and having beyep previously approved by the City Attorney, President Liddle ordered that the same be placed on file. The report of the City Wefghmaster for the month of February showing 233 private loads weighed and receipts $$23.80, was read, and President Liddle referred the same to the Finance Committee. ` The report of the Building, Electrical aria Plumbing Inspector for the month of February showing building permits issued $$74.009 electrical permits $8.50, and plumging permits issued $$35.50, was read, and President Liddle referred II the same to the Finance'Committee. • The report of the. City •Engineer for the month of February showing disbursements for labor from the General Fund $102.25, from the Street and Alley Fund $1310.15, and from the Sewer Fund $1512.22, was read, and President Liddle ordered that the same be placed on fire. Copies of requisitions by the Deputy Health Officer for the isolation Gf Catherine La-::bert, living at $16 Sixth Street Southwest, and ?aelvin VVyburE,,, living at '1L.• 1 Second r_ tx' . t Northwe::;t, each diarrriosed fi:o be ;:,uffering froin c;:,r let fever, v,!.;re read, and '_Iresl.dent Liddle crdered that the ooiuuiunicat ion vwl ordered that the saucier be placed on file: "To the Mayor. and Common Council of the City of Rochester: "The undersigned members of a Citizen: Co-i-;wittt:e, a:i-ter considering the matter, are of the opinion that the city of Rochester, on or before May 15th,1939, should give official notice to Minnesota Northern Natural Gas Company, of the. intention of the city to take over the gas distribution system in this city, pursuant to the- provisions of Ordinance No.445, pmd , respectfully, request that such notice be given. Dated March 2, 1938 Henry• 0. Christensen, Austin A.Kennedy Ma;t,t Fitzpatrick Joseph F. Mackey S. 0. Sander son " 572 1 ;J3 A communication from Rosamond Skyhawk, protesting the assessment of %A2.00 against Lot 18, Block ?, Elm Park Addition for cutting weeds during the 1937 season, was read, and on motion by Fryer second by Moody, the City Clerk was instructed to notify Mrs. Skyhawk and Mr. J.F. "I.cAdats City weed Ind pector.. that the matter will be -considered by the Common Council at a meetinu Wdnesda,zr es be. prr:>-;nt. ,;r< a'e(l).^ ;.r.Lpz-.rti A communication from Arleigh C.Bmith, City Engineer, requesting aii appropriation of .929000000 from. the Sewer. Fund for use of the Street - and Alley Committee, was read, and President Liddle ordered that the same be placed on file. A copy of a resQlUt1on^pe►ssed and adopted by the Public Utility Board requesting authority to enter into a contract with the McVane Cast Iron Pipe Company for the furnishing of pipe in a' lump sum of $3; It I-.:.9Y.) and authority to enter into a contract. with: the International Harvester Company for the furnishing of .one . model D .40 -International truck and other equipment, for the sum of �'4 j004..50 , were each :r,ead, and . President Liddle ordered that the same be placed on file. Applications.siped by Julius Feind and, -Donald Lukehardt for drivers licenses were each separate.ly.read, and on.motion.by Amundsen second by Moody licenses were granted. An application signed by Jack Joker.,. for -.,permit to hold a public dance in the Armory, was read, and President Liddle ordered that the same be placed on file. An application signed by Ida A.. Connolly for permit to place and maintain a sign at 113j South Broadway, and.Ernest A.Jensen for. a permit to place and maintain a sign at 318 South Broadway, were each separately read, and on motion by Green second by Amundsen permits wer.e granted. Alderman Green introduced an ordinance amending an ordinance entitled, "An ordinance regulating 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 the granting of such licenses, setting license fees, providing penalties for the violation thereof, and repealing all inconsistent ordinances. This is an emergency ordinance rendered necessary for the preuenvation of the public peace, health and safety" which•was given its first reading. y fir.. 573 The following applications for retailers off sale liquor licenses, ' and license bonds were read: r Robert P. Kennedy at• 12 Fourth Street Southwest, together with a surety bond in the sum of $1,000.00 , with the Standard Accident and surety company as surety; A R. M. Graen, at 14 First Street Southwest, together with a surety bond A: in the sum of $1,,000.00 with the Western Surety Company of Sioux Falls, as surety; Joe Wallace, at 16 First Avenue Northwest, together with a surety bond in the sum of O1,000.00 with the Western Surety Company of Sioux Falls as surety; ' tti i r Emanuel Kostakes at 116-A South Broadway, together with a surety bond in the sum of $1,000.00 with the Seaboard Surety Company of New York as surety;. =Y Christ Margellos at 20 South Broadway, together with a surety bond I f-fit in the sum of $19000.00 9 with the Seaboard Surety Company of New York as surety; Leo A. Huey at No.280 South Broadway, together with a surety bond in I the sum of $19000.00, with the Western Surety Company of Sioux Falls as surety; Hazel.V. Kitzman at 221 First Avenue Southwest, together with a surety I bond in the sum of $19000.009 with the Seaboard Surety Company as surety; and Andrew C. Chafoulias, at No.6 North Broadway, were each separately f ..e' read, and on motion by Green second by Richman, the said licenses were granted, the said bonds approved, the sureties thereon accepted, and it was ordered that the said bonds be placed on file: i A communication from Andrew C. Chafoulias, requesting that United States of America 3 3/8 % Treasury bond, in the sum of $1,000.009 numbered 69 482-B and dated July 16th,19289and now in the hands of the City Treasurer, be continued in lieu of a surety bond covering off sale liquor license, was read, and on motion •_+ by Lemon second by Moody, the said request was granted, and the bond accepted. Alderman Richman introduced a resolution granting public dance permit to Jack Joker, for the Armory, and fixing the fee at $3.00, which was read. Upon motion by Amundsen second by Green,, that the said resolutionbe adopted as read, and all voting in favor thereof, President Liddle declared the said, f i resolution duly passed and adopted. t � Alderman Moody introduced the following resolution,which was read: i "Be it resolved by the Common Council of the City of Rochester, Minne- sota: That the. Public Utility Board of said City, be and the said Board is hereby authorized to enter into a contract with the McWane Iron Pipe Company of 574 IIi I' Birmingham, Alabama, in accordance with the following quoted resolution i' request: 'Be it and it is hereby resolved by the Public Utility Board of the City of Rochester, Minnesota that the Hon. Common Council of the said City be amd is hereby requested to authorize the said Board to enter into a contract with the McTane Cast Iron Pipe Company of Birmingham, Alabama for the furnishing, in accordance with specifications and with their bid of the following cast iron pipe and fittings- ' - 2880 '-16" 16' McWane Class 150 -B & S Cast Iron Pipe !-D $.8650 per foot 880 ' - 4" 16' " " " " " " " ' @ $,.6024 per foot togetyer with approximately 1765 pounds of 6" fittings and 740 pounds 4" fittings at 5-� and 6 cents per pounds respectively making a total lump sum contract of THREE THOUSAND ONE HUNDRED SIXTY TWo DOLI.,ARS AND EIGHTY SEVEN CENTS ($3162.87), the said McWane Cast Iron Pipe Company being the lowest responsible bidder.'" 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 Green introduced the following resolution,which was read: "Be it resolved by the Common Council of the City, of ) ochester, Minnesota: That the Public Utility Board of the City of Rochester, Minnesota, be and the said board is hereby authorized to enter into contract with the International Harvester Company for the furnishing of a Model D 40 International truck, 'equi-�_ ped with' a Model U 12 Grayb'br body and to be equipped with power take -off, collapsible power wheel, : towing hook, and telescoping H M Pole derrick at a price of four thousand two hundred and sixty five dollars ($49265.00) . less the amount of $260.50. allowande for 1929 CMC-truck making a,total contract price of $4004.509 in accordance with the resolution -request of the Public Utility Board dated February 25th91938." Upon motion by Green second by Moody that the said resolution be adopted as read, and all voting in favor thereof, President Liddle declared the said resolution duly passed and adopted. Alderman Fryer introduced a resolulon appropriating $29000.00 from it i! the $ewer Fund for use of the Street and Alley Committee, which was read. Upon motion by Lemon second by Green, that the said resolution !; be adopted as read, and all voting in favor thereof, President Liddle i� declared the said resolution duly- passed and adopted. Alderman Moody introduced e, resolution appropriating $200.00 from the Fire protection Fund and ordering payment made to the Gamewell Company for one 3 fold master box, which was read. ! Upon motion by Moody second by Richman that the said resolution be adopted as read, and all voting in favor thereof, President Liddle declares '; the said resolution duly passed and adopted. is 0ID 4"q C Alderman Moody introduced a resolution appropriating $308.25 from thf General Fund and ordering payment made to the City of Rochester, Steam Department, for steam heat furnished at the City Rall in accordance with the February 5th, billing, which was read. Upon motion by Lemmon second by Moody, that the said resolution be adopted as read, and all voting in favor thereof, President Liddle declared the said resolution duly passed and adopted. ' I Alderman Fryer introduced a resolution appropriating $335.03 from the Street and Alley Fund and ordering payment made to the Street and Alley Fund, for use of equipment during February919389which was read. Upon motion by Green 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 $625.00 from the General Fund and ordering payment made to the Park Improvement Fund, for transfer i of funds for Special Patrolman's salary during 1937,which was read. Upon motion by Amundsen sec®nd by Moody,that the said resolution be i adopted as read, and all voting in favor thereof, President Liddle declared the said resolution duly passed and adopted. I Alderman Green introduced a resolution appropriating $695.20 from the Park Improvement Fund and ordering payment made to the Mayo Trust Fund, for i payrolls for labor during the half mpnth ending Pebrua.ry 28th,19389 which was read. Upon motion by Lemmon second by Richman that the said resolution be i adopted as read, and all voting in favor thereof, President Liddle declared the said resolution duly passed and adopted. Alderman Lemmon introduced a resolution appropriating $75t.52 from the Park Improvement Fund and ordering payment made to the General Fund, Code 31,' i for insurance covering park buildings, which was read. Upon motion by Bryer second by Green, that the said resolution be adopted as read, and all voting in favor. thereof, President, Liddle declared the i said resolution duly passed and adopted. Alderman Amundsen introduced a resolution appropriating $1185.00 from; the General Fund and ordering payment made to the Gamewell Company for furnishing emergency equipment to the Polic3 Department, which was read. D o `) 'i Upon motion by Green 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. The followingTClaims were read, and upon motion by Moody second by_Richman, thdiall voting in favor thereof, the same were allowed and the Mayor and City Clerk were authorized and directed to draw warrants upon tye City Treasurer and make payments accordingly: . From the General Fund: St.Mary's Hospital 0137.509 Health Office Intact Office Fund, $$11.16, Motor Sales & Service Co. $ .75, Tri-rState Telephone Go!. 923.15, Mayo Clinic $41.66, Weber & Judd Co. $1.009 Fullerton Lumber Co. t2.759 Street and Alley Fund 040009 Railway Express Agency $.689 Miller -Davis Co. $4.96., Tri-State Telei-hone Co. $$21.59, Yellow Cab Co. $.859 Kruse Lumber Co. $1.919 Community Oil Co. $$20431, Maass & McAndrew Co. $1.00, Henry Blickle $$.35, W. E. Mosing $2.16, Postier & Eggers Co. $1.75, The Gamewell Co. 0148.04, Tri-State Telephone Co. $51.35, Tim Pur*ear $45.00, R. C. Drips Grocer Co. $4.50, Chicago Northwestern Railway Co. $.71, Western Union $.359 Rochester Electric Co. $3.459 Victor A. Qvale $.85, J. M. Pruett $3.59, H. Dornack $5.09, City of Rochester, Light Dept. $40.05, Mpls. Blue Printing Co. $26,86, J. A. Pruett $33.86, Arleigh C.Smith $29.00, J. W. Anderson $13.00, is Granger & Blethen $12.259 Jacob Holzer $1.50, Acme Chemical Co, $186009' Street- & Alley Fund $.509 Bemel Bros. Auto Parts $2.009 Co -Operative Oil ji Co. $3.00, H. & H. Electric Co. $35.39, Adams Book Shop $18.35, Allen & i' Skelly $1.259 Jensen Hardware Co. $8,.79, Adams Book Shop $10.49, Hanson r. Hardware Co. $$12.90, Rochester Post-Bulletin,$128.359 Quality Print Shop $45.769 Postier & Eggers $3.159.National Bushing & Parts Co. $$63.81, Parkhill Brothers $9.60, Wm. C. Klebe $2.000 From the Street and Alley Fund: General Fund $60.50, H. J. Johnstai 07.50, Art %,?ebers Leather Shop $1.75, Miller Garage $.75, J. M. Pruett $1.50, Dodge Lumber & Fuel Co. $28.30, City of Rochester Light Bept. $3.309 Carl G. Schwarz �7.10, Jack McHugh $31.009 Alexander Auto Electric Co. $4.351, McCormick Deering Store $12.81, Sewer Fund $1.50, Street & Alley F Fund198.30, O.G.Hanson & Son .,p2.64, Postier & Eggers $1.20, National Bushing & Parts Co. $$82.49, Parkhill Bros. $1.43, Wm. C. Klebs $2.91; I . 1 - ".�_41-,ff, 577 l' I� I i. — From the Sewer Fund: Sewer Fund $23.259 Street & Alley Fund $10.169 City of Rochester, Light :Dept. $19.50, Win. C. Klebs $66.659 Robert Orr $1.75, Tom's ,Electric $4.25, Hanson Hardware Co. $18.00, Jensen Hardware Co. $5.05., Foster Mrachek Electric Co. $1.20, Rochester Ice & Fuel Co. $42.11, Tri-State Telephone Co. $6.509 J. M. Pruett $3.00, Dodge liumibdr & Fuel Co. $183.359 Street & Alley Fund' $181.00, National Bushing & Parts Co. $3.93; Tni N ly. No-4 -f. G From the Fire Protection Fund: No -Skid Co. $8.40, Twin City Chromium I Plating Co. $45.009 Chamberlain Metlal Weather',Strip Co. $11-1.00, Pink Supply Co. i $17.50, Standard Oil Co. $19.19, Wm. C. Klebs $13.44, National Bushing & Parts Co. i I $3.79, Tri-State Telephone Co. $16.609 Adei4s Book Shop $2.109 Janesville Apparel Co. $15.30, Pure Paint Co. 4.30, Maass &.McAndrew Co. $.259 Witte Transportation Co. $.509 Chicago & Northwestern Railway Co. $.50, M. W. Associate Stores $2.60, J. M. Pruett $33.369 H. J. Johnston $3.50, Jensen Hardware Co.$U2, Art Weber's Leather Shop $1.25, Dodge Lumber & Fuel Co. $102.01) Park Improvement Fund: Charles Baldwin $6.00; I I From the F.E.Williams Estate Fund. Rochester Plumbing & Heating Co. i $8.659 0. G. Hanson & Son $.74, Rochester Electric Co. $1.80, F. J. Paine Co. $9.251 Maass & McAndrew Co. $4.95, City of Rochester,Light Dept. $4.77. Alderman Fryer introduced a resolution appropriating $488S.N7from the Sewer Fund and ordering payment made to Wm. C. Fraser & Son, for estimate No.2 on the construction of a trunk line sanitary sewer in 6th Street Southwest, Broadway to Sewage Lift Station, which was read. i i 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. Upon motion by 'Lemmon second by Richman thetstmh of $20.00 was appro- priated from the General Fund for stamps for the Building Inspector. An ordinance amending an ordinance for the purpose of promoting health safety, order, convenience and general welfare by regulating the use of land, the i location, size gind height of buildings and the arrangement of building on lots and the density or population within'the City of Rochester, Minnesota, all in accordance I with a compreh6nsive plan, introduced and given its first reading February 7th, 19389 was given its second reading. An ordinance repealing ordinance No.2799 introduced and given its first reading January 17th,1938, its second beading February 7th,19391 was given its third and final reading. i j Upon motion by Lemmon second by Fryer, to adopt said ordinance as read, and upon roll call all voting in favor thereof, President Liddle P declared the said ordinance duly passed and adopted. A requisition from the W.P.A. office for an appraisal of local W*P*A*Projectsg was referred.to the City Attorney and the City Clerk. Upon motion by Leirmon second by Richman the purchasing committee of theCommon Council was authorized to purchase a typewriter fob use of the City Assessor's offide. Upon motion by Ptyler second by Richman the Common Council adjourned to Mafch*9th91938, at 7:30 o'clock P.M: City Clerk. 9 • 4 I 1 .1