HomeMy WebLinkAbout04-25-1938651
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Minutes of an adjourned regular meeting of the Common Council of the
City of Rochester, Minnesota, held in the Council Chambers, in the City Hall, in
said City, on April 25th,1938.
President Liddle called the meeting to order at 7:30 o'clock P.M., the
following members being present: Liddle, Amundsen, Fryer, .Green, Lemmon, Moody,
Richman. Absent: None.
Upon motion by Moody second by Richman,the minutes of the meeting of
Apr i 1 18th .were approved.
President Liddle stated this as being the time set for receiving and
• opening bids for the purchase of the Witherstine Property, and asked if any one
present wished to submit a proposal. No one present.su4mit,ted a proposal and
the City Clerk reported that none had been filed in his office either.
President Liddle stated this as being the time set for receiving and
opening bids for the furnishing of a used bituminous distributor for use of the
City Engineer's Department, the following proposals were received and opened;
Thorman W. Rosholdt Company: Used Rosco Model Bl distributor without i
truck $1475.00., New RJD Rosco 1938 model, without truck $2182.00; new RJD Rosco
experimental job $1800.00;
lGunnison Manufacturing Company: One Gunnison distributor mounted on
1937 Ford truck $2800.00; Gunnison Distributor mounted on 1935 truck $2500.00;
Proposals were also received from Wm. H. Ziegler Company and Pioneer
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Engineering Works but certified checks did not accompany said proposals and.
therefore coulc not be considered at this time.
President Liddle referred the above bids to the. Street and Alley
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Committee and the City Engineer for recommendation.
Mr. G.H.Sanberg, City Superintendent of Schools was before the Council
regarding an appropriation for the Rochester High School Band, and on motion by i
adses, second by Fryer the sum of $100.00 was appropriated from.Code 4 of i
the Band Fund to be paid to the Rochester High School Band for music on the public
streets and grounds in the City of Rochester.
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Mr. Joe Adamson representing the Rochester Automobile Dealers
was before the Common Council regarding a proposed ordinance which had been
submitted to the Common Council by said Association and referred to the City
i' Attorney.
III.,.Eckholdt, City Attorney submitted an opinion wherein he
stated that if the proposed ordinance were passed it,woul[d not be legal
under the laws of the State of,Minnesota. President Liddle ordered that the
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said opinion be placed on file.
Upon motion by Green second by Fryer, the City Attorney was
instructed to draft an ordinance regulating second hand auwmobile dealers .
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Mr. M. J. Myrow, representing the Liquor Dealers Association
of the Ci t,y of Rochester, was before the Council asking that the ordinance
be amended so as to allow on sale liquor dealers the right to purchase off
sale non -intoxicating malt liquor licenses, and on motion by Lemmon second
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by Moody, the matter was referred to the City Attorney.
The report of the Clerk of the Municipal Court for the week
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ending April 18th, showing criminal fines and costs collected $264.20, civil
fees received $2135, conciliation court fees received $8.50, and for the week
ending April 25th showing criminal fines.and costs collected $338.60, civil
fees received $5.65, and conciliation court fees received $3.00, were each
separately read, and having bean previously approved by the City Attorney,
President Liddle ordered that the same be placed on file.
A notice of claim in the sum of $1500.00 by Albert Siewart,
guardian for Ruben Breiske, for injuries alle#ed to have been received on
his foot on the sidewalk on First Street Northeast between Second Avenue and
Third Avenue, was read and President Liddle referred the same to the City
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Attorney.
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The following recommendation of the Zoning Board was read,
and President Liddle ordered that the same be placed on file:
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"April 25,1938.
Honorable Mayor and Common Council
City of Rochester; Minnesota
Gentlemen:
At a meeting of the Board of Zoning held April 22nd at
5:00 o'clock P.M., the matter of the appeal of Albert M. Snell
appealing from the decision,of the Building Inspector in refusing
to issue a permit for an addition to the building known as No.709
Ninth Avenue Southwest, was taken up and considered by the Board.
After considering all things pertaining thereto, a
motion was made and carr$ed recommending to the Common Council that
the said appeal be granted, and a permit issued.
Yours very truly,
Amiel L.Mlabe
Secretary, Board of Zoning."
Upon motion by Moody second by Lemmon a hearing on the matter of the
appeal of Albert M. Snell was fixed for 2:00 o'clock P.M., on May 2nd, 1938.
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The following Committee reports were read, and on motion by Amundsen
second by Green said reports were accepted and .ordered placed on file:
"Rochester, Minnesota,
April 25, 1938.
Honorable Mayor and Common Council,
City of Rochester, Minnesota.,
Gentlemen:
We, the Finance Committee wish to recommend that $29000.00
be permanently transferred from Code 18 of the General Fund to the
Library Fund, to apply on the purchase of new furniture and fixtures.
Respectfully submitted,
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THE FINANCE COMMITTEE
i By J.T.Lemmon, Chairman
S.Smith Fryer
Geo. Richman."
""Rochester, Minnesota,
April 25,1938.
Honorable Mayor and Common Council, •
City of Rochester, Minnesota.
Gentlemen:
We, the Finance Committee, wish to recommend.that $18,000.00
be permanently transferred from Code 18 of the General Fund to the Park
Improvement Fund.
Respectfully submitted,
THE FINANCE COMMITTEE
By J. T. Lemmon, Chairman
S. Smith Fryer
Geo.Richman. "
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I; An application signed by Lyle Nelson for -the Gohper Sales
Company for a pin ball machine license at No.4 Second Street Southwest
was read, and on motion by Moody second by Fryer said license was granted
subject to the approval of the Chief of Police.
An application signed by Geo. Gray for a soft drink dealers
license at No.13 South Broadway was read, and upon motion by Lemmon second
j' by Fryer, license was granted.
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An application signed by John Morrissen for an electrician's
License together 'with a surety bond in the sum of $1,000.00 with the Em-
ployers Liability Assurance Corporation as surety, were each separately
read, and on motion by Richman second by Fryer, the license was granted,
the bond approved, the sureties thereon accepted, and it was ordered that
i; the bond be placed on file.
Applications signed by Swartz Grocery and Lunds Clothes Shop,
for a permits to place and maintain signs were each separately read,
and on motion by Lemmon second by Richman permits were granted.
The surety bond in the sum of $55.00 of J.H.Ganley with the
Continental Casualty Company as surety covering contract for paving
Broadway Street South from Fourth Street Southwest to Sixth Street Southwest
was read, and on motion by Lemmon second by Moody, the bond was approved,
the surety thereon accepted, and it was ordered that the same be placed on
file.
The official bo*ncd of Joseph J.Schuster in the sum of $500.00
as Assistant Custodian of the City Hall, with the Fidelity & Casualty
Company of New York as surety and the official bond of Geo. Wood in the
sum of $500.00 as City Scavenger, and Dog Catcher, with the St.Paul
Mercury and Indemnity Company as surety, were each separately read, and
on motion by Moody second by Richman the bonds were approved, the
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sureties thereon accepted, and it was ordered that the same be placed on
file.
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SO THEREFORE, Be it resolved by the Common Council of the City of
Rochester, Minnesota:
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That a public hearing of all persons and parties interested in the
said improvements will be held at 7:30 o'clock P.M., on May '9th,1938, in the
Council Chambers, in the City Hall, in said City, at which time and place the per-
sons and parties interested in the said improvements may •appear and be heard by
said Common Council in relation to the said improvements.
Phe City Clerk of said City is hereby authorized and directed to
cause to be published in the official newspaper of said City, a notice to all
interested persons and parties of the time, place and purpose of said meeting and
hearing,"
Upon motion by Moody second by Fryer that the said resolution be.
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adopted as read, And all voting in favor thereof, President Liddle declared the
said resolution duly passed and adopted.
Alderman Richman introduced a resolution deeming it expedient and
necessary that a bituminous distributor, be purchased,.adopting the specifications and;
estimate of co-st as submitted by the City Ehgineer and ordering that the same be
placed on - file in the office of the City Clerk, said estimate of cost being $3850.00,
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and directing the City Clerk to advertise for sealed proposals to be received and !
opened at a meeting of the Common Council which is to be held at 7:30 o'clock P.M.,
on May 9th,19389 which was read.
Upon motion by Amundsen second by Fryer, that the said resolution be
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adopted as read, and all voting in favor thereof, President Liddle declared the said j
resolution duly passed and adopted.
Alderman Fryer introduced a resolution appropriating $29000.00 from
the General Fund, Code 16, and ordering payment made to Code 6.of the Library Fund, i
as a permanent transfer forpurchase of furniture and fixtures, which was read.
Upon motion by Amundsen 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.
Alderman Amundsen introduced a resolution appropriating 018 9000.00 from 1.
Code 18 of the General Fund and ordering payment made to the Park Improvement Fund
as a permanent transfer for maintenance and improvement of parks within the City of
Rochester , which was read.
Upon motion by Richman 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.
The following communication from the Board of Park Commissioners
was read, and President Liddle ordered that the same be placed on file:
" April, 25th,1938
Honorable Mayor and Common Council
City of Rochester, Minnesota
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Gentlemen:
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At a meeting of the Board of Park Commissioners held
April 25th,1938, the following resolution was adopted:
BE IT RESOLVED that the salaries of employees of the
Board of Park Commissioners be set at the following
amounts per month: Superintendent,$250.00; Foreman,
i $150.00; Florist, $162.50; Swimming Pool Operator and
R epairman,$137.50; Florist's Assistant,$130.00; Florist's
Assistant,$100.00 and Utility Man $120.00. Seasonal
Employees as required by the Superintendent $123.76, all
these salaries to be paid semi-monthly from the Mayo Trust
Fund during such time as their services are required'.
BE IT FURTHER RESOLVED that the secretary of the Board
of Park Commissioners shall receive $65.00 per month.
These salaries also to be paid semi-monthly from the
Mayo Trust Fund.
It is respectfully requested that your Honorable Body
approve the above resolution as adopted by this Board.
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!i Respectfully xuUm ttted,that your
BOARD OF PARK COMMISSIONERS
By Harold Thompson,President
James H.Starkey, Secretary"
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Alderman Amundsen introduced a resolution approving the salaries
of employees of the Park Board as recommended by the Board of Park
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Commissioners, which was read.
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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.
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The Mayor reported receipt of a telegram from the Minnesota Highway
Department advising that the plans for repaving Broadway had been forwarded ;
to the Bureau of Public Roads at Washington and if approval was received not
later than May 4t h, bids would be taken May 27th.
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Upon motion by Lemon second by Richman, the matter of the extension
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of water mains to St.Mary's Hospital to be used in fire protection only, was
referred to the Public Utility Board and thq City Attorney.
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Upon motion by Green second by Lemmon, H.C,Bluhm was appointed a
member of the Firemen's Civil Senvice Commission for a term of three yeard.
Upon motion by Lemmon second by Moody the sum of $199.00 was appro-
pr iated ,from the Genepal Fund and ordered paid to W. A..Moore Mayor, for use in his
Mayor's Contingent Fund he to 1 y g , properly account for the expenditures therefrom.
The following ruling from the City Attorney was read and President
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Liddle ordered that the same be placed on file:
" April 2 1,1938. j
Honorable Mayor and Common Council,
City of Rochester, Minnesota.
Honorable Sirs,
The question ha been submitted to me whether or not Venetian blinds,
when used on the inside of the outside windows in a place where intoxicating
liquor is sold, 'On Sale', may be legally used.
I find a provision of the State Laws reading as follows:
Section 89Chapter 469 Laws, 1933: 'No 'On Sale' place of business shdll
be permitted to have swinging doors or opaque windows. All sales shall be
made in full view of the public'.
The provision of our ordinance reads as follows:
Section 129 Ordinance #463: (a) 'No 'On Sale' place of business shall
be permitted to have swinging.doors or opaque windows and the view of the
whole interior of the said place of business shall be unobstructed by screens,
curtains or partitions.'
(b)'All sales shall be made in full view of the public.'.
On January 15,1934, the Attorney Geberal of the State of Minnesota legally
construed the above law as follows:
tProvision that all sales shall be made in full view of the public does
not mean in full view of the public from the outside of the building but in
full view of the public in the place of business.'
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' I attach hereto a recent opinion by the Attorney
}r, General, dated April 7, 1938, which re -affirms his opinion
heretofore cited.
I find no decisions by the Courts relative to the matter
under consideration and in the absence of such Court decision the
opinion of the Attorney General has the force of law until changed
by the Court.
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In accordance with the above IT IS MY OPINION, subject to
the deci-sions of any District Court in onr State upon the matter,
that Venetian blinds, on inside of outside windows so placed that
the sale of riquor is within the full view of the public from the
inside of the building, are legal.
Respectfully yours
Irving L.Eckholdt,
City Attorney."
Arleigh C.Smith City Engineer reported that the Minnesota,
Highway Department and the United States Bureau of Public Roads were
considering the installation of automatic traffic signals at the
railroad crossing on Broadway Street North, and on motion by Green second
by Richman the City Engineer was authorized to inform said Highway
Department that the City would have no objection to such installation
providing however that such installation would be no expense to the City.
Upon motion ,by Lemmon second by Rirchman the Common Council
adjourned.
City Clerk.
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