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HomeMy WebLinkAbout07-18-1938737 ! 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 at 7:30 o'clock P.M., July l8th,1938. Due to the death of W.R.Liddle, the President's Chair was vacant and Alderman Moody was appointed to act as President Pro Rem of the Council.. Alderman Moody accordingly took the Chair and called the Council to order and upon roll call the following members were present: �mundsen, Fryer, Green; Lemmon, Moody, Richman. Phe following resignation of J.T.L emmon as Alderman of the Second Ward was read: "July 18,1938. Honorable Mayor and Common Council, City of Rochester, Minnesota. Gentlemen, I hereby resign tram my position as Alderman of the Second Ward of the City of Rochester; Subject to your approval. Respectfully yours, J. T. Lemmon " Upon motion by Green second by Richman, the foregoing resignation was accepted. Acting President Moody stated that the next order of business would be the appointment of an Alderman at Large for a term ending the first Monday in April,1939, and on motion by Fryer second by Amundsen, and all voting in favor thereof, J.T. I Lemmon was appointed Alderman at Large for the City of Rochester for a term ending on the first Monday in.April, 1939. Mr. Lemmon took the usual oath of office and took his Chair as President of the Council and in a few chosen words expressed his appreciation to the members olf ( the Council for appointing him to preside of the Council, and pledged himself to conduct the meetings in an impartial and business like manner. President Lemmon stated the next order of business wound be the appoint- i i ment of an Alderman for the Second , Ward. for a term, ending on the first Monday in April,1939, and on motion by Green second by Richman, and all voting in favor thereof Mr. D.L.Williams was appointed Alderman for the second Ward of the City of Rochester I i for a term end ing on the first Monday in April,1939. 738 ;j �) Upon motion by Fryer second by Richman, the minutes. of the meet- ;; it • ing of -July 5th, were approved. ` jlderman Amundsen intro Reed the following resolution. which ' r was read: "WHEREAS, It hath pleased Almighty God in his infinite mercy to call from our midst and these earthly duties our Beloved Friend and co-worker, Wylie R.Liddle, and WHEREAS, During his residence in the City of Rochester he was looked up to as a leader in the community, always showing kindness and consideration toward his fellow citizens, and WREREAS, As a public official of the City of Rochester he gave willingly and freely of his time and talents and faithf'ully carried out the duties of the trust which he held. NOW THEREFORE, Be it resolved by the Common Council of the City of Rochester, Minnesota that in the death of Wylie R.Liddle the City of Rochester has lost a citizen and public official whose kindness and services will be deeply missed. BE IT FURTHER RESOLVED, That the said resolution be entered upon the records of the City of Rochester and that a certified copy thereof be delivered to Mrs. Liddle, his surviving wife, and the sympathy of the Mayor and Common Council -of said City is hereby expressed to her and to the other relatives in this hour of sadness." Upon motion by Fryer second by Richman, hhdt the said resolution be adopted as read, and all voting in favor thereof, President Lftmon declared the said resolution duly passed and adopted. President Lemmon stated this as the time set for hearing on the levying of special assessments for the paving of the alley in Block 16 Read and McMahon's Addition, and asked if any One present wished to be heard concerning the levying of said assessments. No one -present wished to be heard concerning the said assess- ments for paving the alley in Block 16 Head and McMahon's Addition. t Upon motion by Fryer second by Amundsen, the hearing was adjourned to August lst,1938, at 2:00 o'clock P.M. President Lemmon stated this as being the time set for levying of special assessments for the construction of curb and gutter on $roadway i' Street South from Fourth Street Southwest to Sixth Street Southwest, and asked if any one present wished to be heard concerning the levying of said special assessments. No one present wished to be heard. I - 739 President Lemmon stated this as being the time set for hearing on the levying of special assessments for paving of Broadway Street South from Fourth i Street Southwest to Sixth Street Southwest, and asked if any one present wished to be heard concerning said assessments. No one wished to be heard and on motion by Fryer second by Amundsen sail hearing was adjourned to August lst,1938, at 2 :00 o'clock P.M. President Lemmon stated this as being the time set for a hearing on the construction of a trunk line sanitary sewer in First Street Northwest from Thirteenth Avenue Northwest to Sixteent Avenue Northwest, and asked if any one presbAtriViahed to be heard concerning the said improvement. No One present wished j to be heard. i President Le.mmon stated this as being the time fixed for receiving and i i " I opening bids for the construction of a trunk line sanitary sewer in First Street Street Northwest from Thirteenth Avenue Northwest to Sixteenth Avenue Northwest, and the following bids were received and opened at, this time: wm. C. Fraser & Son $2880.00; The Sanitary Company $3041.00, Christianson Brothers $3043.40. President Lemmon referred the above bids to the Sewer Committee and the City Engineer for recommendation. President Lemmon stated this as being the time set for a hearing on the placing of bituminous paving on Sixth Street Southeast, from Third Avenue to Fourth Avenue Southeast, and asked if any one present wished to be heard concerning the said impr ovement . No one present wished to be heard concerning the said improvement President Lemmon stated this as being the time set for a hearing on the petition of the McCallum Land Company asking for a change in the classification of Lot 3, Block 2, Ireland's Addition from a residential to a commercial district, and asked if any one present wished to be heard concerning the said matter. No one present wished to be heard. The above referred to petition having been previously referred to the Zoning Board of the City of Rochester for investigation and recommendation, and saidi i Zoning Board having investigated the same and recommended that said petition be not j granted, a motion by Green seconded by Richman carried that the report of the Zoning Board be accepted and the said petition was not granted. 740 , Mr. D. L. Williams came in at this time and took the usual oath of office as Alderman of the Second Ward and took his place at the table and assumed the duties as Alderman of the Second Ward. President Lemmon stated this as being the time set for hearing on the petition of Dora Hannenberger, et. al., asking for a change in the classification of the north 198 feet of the -north half of Block 45, Original Plat,, from a multiple dwelling to a commercial district, and asked if any one present wished to be heard concerning the said matter. No one present wished to be heard. Alderman Moody introduced an ordinance entitled,"An ordinance amending an ordinance entitled,'An ordinance for the purpose oT' promoting health, safety, order, convenience and general welfare by regulating the ji 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 accordance with a comprehensive plan.'" which was given its first reading{ the purpose of said amendnient being to change the classification of the north 198 feet of the west half of Block 45 Original Plat from a multiple dwelling to a residential district. Upon motion by Moody second by Green, and all voting in favor thereof, the rules were suspended and the said ordinance was given its second reading. In answer to a letter sent to N.W.Ellsberg, Commissioner of Highways. fbr permission to mark thirty degree angle parking spaces, spaced 10 feet apart on Broadway Street. the following telegram was received and read: "Aani e 1 L . Gla be City Clerk u . Feel we should hold decision until parking survey now under way can be studied. W F.Rosenwald." Upon motion by Moody second by Fryer, and ei roll call all members voting in favor thereof, the Police Department was instructed to secure the necessary men and materiels, and to work under the Street and Alley Committee and the City Engineer to mark 30 degree angle parking spaces spaded 10 feet apart on Broadway Street South in the City of Roches- t, er. . 741 The report of the Clerk of the Municipal Court for the week ending July 4th, showing, crimin�gl fines and costs. collected $402.90. civil fees received ?$21.25, and conciliation court fees 82.50; for the we -Pk ending July llth showing criminal fines and casts collected $184.30, civil fees recei�►ed -111.00, and conciliation court fees I i $5.00; and for the week ending July l8th, .showing erimianal fines and costs collected i $116460, civil fees received $18.85, and conciliation court fees received $3.50, were each separately read, and having been previously approved by the City► Attorney, President Lemmon ordered that the same be placed on file. The report of the City Weighmaster for the month of June showing 400 private loads weighed and total receipts d$4.00, was read, and President Lemmon referred the � i same to the Finance Committee. I A petition signed by Joe Bean, et. al., asking that a sanitary sewer be i. i constructed in Seventh Avenue Northwest from Seventh Street Northwest to Tenth Street Northwest, was read, and President Lbnftbn referred the same to the Sewer Com- mit,t,me and the City Engineer. A petition asking that Fifth Street Northwest from Second Avenue Northwest to Third Avenue Northwest, and First Avenue Nort.rieast, from Fleventh Street Northeast to Twelft?! Street Yortheast be oiled, were each read, and President Lemmon referred the same to the 2pritIR11bg Committee and the City Engineer. A communication from 'W. A. Moore, Mayor, announcing the appointment of Ole J. Anderson, and W.A.Iitttchins, as Special Policemen for the TNeek J;zl.y 7th to 13thi, I i and the week from July 14th to 20th, were each separately read, and President Lemmon ordered that the same be placed on file. j Notices of claim signed by Marie Stortz and Albert Stortz, in the sum of y$6500.00 for .damages for injuries alleged to have been received by Marie Stortz by tripping over reinforcing bars and screens left on the cross walk at Broadway ' Street South Ind First Street Southwest, were read, and President Lemmon referred thel f I 'same to the City Attorney.. i Aprlicationsilsigned.by Euttrey's-Store and R. A. Violet for permits to place and maintain signs were each separately .read, and on motion by Amundsen second by Fryer,. permits were granted. 742 Applications for drivers licenses signed by Walter Cords, �i Raymond T,ewls, and James Hubbard, were each separately read, and on motion i }i by Richman second by Moody licenses were granted.. j Applications signed by Harrison. Poole for soft drink dealers t? ii• license was read, and President ,Lemmon. referred the same to the License 1�Comm-ittee. An application signed by Fellows and Ailmer for an auctioneer's license was read, and on motion by Green second by Richman, license was granted subject however to filinG of L surety bond g;i-ven by F. F. Hilmer. The surety bond of Leonard Fellows in the sum of A1,000.00 with h the National surety Corporation as surety covering auctioneer's license, was read, and on motion by Green second by Richman the bond was approved, the surety thereon .accepted, and it was ordered that the bond be placed on file. Application signed by F.T,.Ritter •for a license to conduct an auction sale at 223 Broadway Street North on July 21st, 22,nd, 23rd, and 25th, together with an inventory of furniture to be sold and the surety bond, in the sum of t19000.00 with the Fidelity & Casualty Company of New York as surety, were each separately read, and on moti.on.by Richman second by Fryer, the license was granted, the bond approved, the surety thereon accept-d, and t it war ordered tr.at the bond be placed on file. The surety bond of the Standard 011. Company in the sum of 08509.60, with the United States Guarantee Company of -New York. as surety covering his license to connect *ith sewers and dr?tns in the City of Rochester was read, and on motion by .Amundsen second by Fryer the bond was I, accepted, the surety thereon approved and it was ordered that the bond be �. placed.on file. A petition requesting that a :street Light be installed at 212 101 Place Southeast, was read, and President LtMQ4 referred the same to the Lighting Committee, A petition asking that Seventh Street Northwest, between Broadway Street and E18vonth Avenue Northwest be made a thru stop street was read, and President Lemmon referred the same to the Police Committee and the Chief of Police. 743 �, 9 I t The following committee report was read, and President Lemmon ordered that the same be placed _on •file: , "July 1p, 1938 Hon. Mayor & Common Council Gentlemen: 0 The Street & Alley Committee and Gity Engr. recommend. that the proposition offered by Mr. Mackey be not accepted, unless •all streets are at least sixty-six (86') ft+ in width, and -the above streets graded. Respectfully.. STREET x A,LEY COMMITTEE By Benj. S.Green,Chei.rman Tom Moody B.Amundsen Arleigh C.Smith,City Engineer." Upon motion by Fryer second by Amundsen,the foregoing report was accepted, and the City Clerk instructed to furnish a copy of said report and return the quit claim deed. ! The following clans were read and upon motion by Green second by Amundsen and all voting in favor thereof, the same were allowed and the Mayor and 19ity Clerk were authorized and directed to draw warrants upon the Uily Treasurer and make payments accordingly From the General Fund: Quality Print Shop $12.00", Weber & Judd Co. $0.39, 'dark Blanchard $72.00 , Donald L.-Barrett $2.00, Belva Johrwon $2.00, Lloyd Pryer �! 8.25, Pederson's Place A17.55, Motor Sales Service $19.05, Woochouse Brothers 1.75 Strem:t & Alley Fund $13.929' Barbes Cafe $70.75, H. Dornack $3.60, Walter Nelson 050.00.1 Burt Elliott Eaton $38.60, Foster Mracbek Electric Co. $9.95, Rochester Electric Co. $.85; Vern Langton $48.00, .Wm., Behnken i$2.50, Pink quPRly Qo. 022.68, R.C.Drips •Grocer Co. $17.00, National Safety Council $5.00, C. & N.W.Ry.Co. $.509 Minn.Northern Natural.Gas Co. $3.45, Mary L.Whiting $1.00, M.E.Sehl $2.00, Margaret Madden $2;0p, John Vihstadt $2.00, Frances McKenzie $2.00, Helen Skogsmark $2.00, i Bernice Roepke $2.00, Maude Finch $2.00 , J. G. Rpard $2.00, Wm. Helkay $2.00, Etta Knusel $2.00% Amiel L.Glabe $10.00, Bi4rrough's Adding Machine Co. �$8.00, Free Press Company $2.95, J.C.Briese 035,50, Charleg Mohr $5.009 Adolph Gruszynski $50.00 9 C.a.W:R.:R.Co. $15.00, Co- Operative Oil Co. $l2a00, Mason Publishing Co. 061.00, Geo.Wood $62.75, Quality Print Shop $150.50, Hayes Lueas•Lumber•Co. $15.11; Coununity Oil Company•$1.80, Wm. C.Fraser & Son $6.00; . . ti. From the Street and Alley Fund: White Motor Company Ik9.35, mi.nneapoli s Iron Store Co. -05.25, Spencer M.Knapp 1.2.72, Firestone Auto Supply Co. $51.97, Wm. F. Ziegler Co. 134.96, Co -Operative Oil Co. 11.20, Allen Rc Skelly 4.55, Mpls. Iron Store Co. .15.93, Witte Transportation Co. $.55, Standaud Oil Co. 1.50, Mpla. Iron Store $4.43, McCormick Deering Store $9.11, Seth Morse 'M,20, Wm. C. Klebs $1.75, Orcutt Sign Shop $6.00, Dodge Lumber & Fudl Co. 016.00, Mpls. Iron Store Co. '�26.58, Witte Transpor- tation Co. •�fi.d5, Wm. C. Fraser & Son A65.0/0, From the Sewer Fund: Street and Alley Fund 55.99, W-r:. C.K_lebs i .15.50, Foster Frachek E1Rctric Co. 445.60, Street and Alley Fund '�32.00; • From the Fire Protection Fund: George Orton t14.00; From the park Improvement Fund: Nelson Tire Service A6.86, L.F.Milostan $75.07, Carl G.Schwarz 130.30, Peterson's Fleetri.e Co. 1125.99H School Dist. No.5, $11.04, Botsford Lumber Company f20.22 , J.M.Pruett `N22 .84 , Morrison Electric Co. 1?,0.15, Eagle Drug Store $3.10, Tri-State Telephone `� j i Telegraph Co. $27.77, Dodge Lumber & Fuel Co. 16.90, Wm. C.Klebs $.5C, Allen �I Se Skelly A14.27, Motor Sales & Service Co. 15.17, E.A.Knowlton Co. $2.205 . . Parkside Dairy 19.60, Sanitary Company �30.90, Rochester Grocer. Co. 1122.00, �I Riege Br.otbjers $2.50, Orcutt Sign Shop 155.30, Southern Minnesota Golf I� Ase' n. $10.00 , Minn. Northern Natural Gas $2.90 , Witlliams & Car 4139.509 O.G. Hanson & Son 14.60, Rochester Post -Bulletin 1p,3.75, Fra.tzko� Brothers $22.04, Rochester. Icp. & Puel Co. •8. 5.22, Adams Book % Art Shop $.70., ,Mangan Hardware I� • ``I Go. 1.7C, '"e,llaae 8. TiernanaCo.$8.08, .Quality Print Shop $.i3.0q, Street & i� •I� Alley •Fund $2,.56, Wallace & Tiernan Co. $38.27, C3�4w.n gjebbi.r..g Co. A4.839 I Toro Mfg. Corp. �1.40, Minn. Northern Natural -Gas Co. .1,;,)3.30, Railway Express I Agency.91, Hayes-L'ucaG Tnzmber Co. t15.11, •Community Oil. Co.8:5d, City of I) Rochester, Llght 'Dcpt. I , From the Lighting Fund. City'o� Rochester, Light Dept. .6.25, I) • he^tAr.. Tight •Dept. 15.00; City of Roc From the F.F.wi 1? !ams Estate Fund: Herbert C. Knopp 43.00,Foster . . II Mrgchek.88.20,R.M.Kru3er t3.50,Dodge Lumber & Fuel. -!.54,Rochester Electric Co. i� 02.20, Hanson. Vn,rdware C041.25, O.G.Hauson & $on.$3.48,Woodhouse Brot ers$1.24 I. I� Rochester Egg ".: ''0o-1 try I. II 745 1 1` A report, signed by the Sewer Committee and the City Engineer recommending that the bid and proposal of Wm. C. _Fraser & Son, for the construction of a sanitary sewer in First Street Northwest from Thirteenth Avenue Northwest to Si_xt.eentb Avenue Northwest be accepted, was read, and President Lemmon ordered that the.same be placed on file. Alderman Richman introduced a resolution accepting the bid and proposal of 'Ab. C. Fraser Sc Son in the sum of $2890.00 for furnishing all labor, materials, etc., necessary for the construction of a trunk line sanitary sewer in First Street Northwest fr an Thirteenth Avenue to Sixteenth Avenue Northwest,which was r ead. Upon motion by Amundsen second by Green, that the said resolution be adopted as read, and all voting in favor thereof, President t,emmon declared the said resolution duly passed and adopted. Alderman Amundsen introduced a resolution levying special assessments for the construction of curb and gutter on Broadway Street south,from Pourth Street Oouthwest to Sixth Street Southwest, which was read. Upon motion by Richman second by Fryer that the said resolution be i adopted as read, and all voting in favor thereof, President Lemmon declared the said resolution duly passed and adopted. i Alderman Amundsen introduced a resolution ordering plans for bituminous treatment �of Sixtb Street Southeast from Third Avenue to Fourth Avenue, which was r e ad. Upon motion by Fryer second by Elreen,that the said resolution be adopted as read, and all voting in favor thereof, President Lemmon declared the said resolu- tion duly passed and adopted. Alderman Amundsen introduced a resolution appointing Martin Eppard as Judge of Election for the Second District of the First Ward, to replace John D.Crowe,� j' which was read. Upon motion by Fryer second by Richman, that the said resolution be adopted as read, and all voting in favor thereof, President Lemmon declared the said resolution duly passed and adopted.' I( 746 Alderman Richman introduced a resolution appropriating `§331.67 from the Sewer Fund and ordering payment made to the City of Rochester, Light and Plater Departments for electricity and water furnished at the sewage disposal plant and sewage lift stations, which was read. Upon motion by Amundsen second by Fryer,that the said resolution be adopted as read, --Lnd all voting in favor thereof, President Tjemmon de- clared the said resolution duly passed and adopted. Alderman Moody introduced a resolution appropriating $661.51 fram i the Street and Alley Fund and ordering payment made to the Permanent Improvement, Revolving Fund for the etty's share of the cost of paving the alley in Block 16, Head and McMahon's Ad�ition $340.31, and for city's. char. a of cost of curb and gutter on Broadway Street South $312.20,which was r ead. Upon motion by Green second by Richman,that the said resolution be adopted as read. and all voting in favor thereof, President L6ish3n declared the said resolution duly passed and adopted. Alderman Williams introduced a resolution appropriating 01359.48 from the General Fund and ordering payment made to the Standard Oil Company for three tank cars of road oil furnished June 28th to July I9t,1938,which was read. Upon motion by Fryer second by Amundsen,that the said resolu- tion be adopted as read, and all voting in favor thereof, President L*dk6n declared the said resolution duly passed and adopted. Alderman Green introduced a resolution appropriating $1723.67 from the Park Improvement Fund and ordering payment made to the Mayo Trust Fund for payrolls for labor during the half month ending July 15,1938,which was read. Upon motion by Amundsen second by Green, that the said resolution . be adopted as read, and all voting in favor thereof, President Lemmon declar- ed the said resolution duly passed and adopted. Alderman Fryer introduced a resolution appropriating 1309.96 from the Street and Alley Fund and $1284,90 from the General Fund and orderin payment made to the fitreet and Alley Fund for use of equipment and stock used during June,1938,which was read, 747 Upon motion by Fryer second by Williams,that the said resolution be adopted as read, and all voting in favor thereof, President Lemmon declared the said resolution duly passed and adopted. The matter ofa suitable polling place for the Fourth District, Third Ward was brought up and President Lbftbn referred the matter to Aldermen Richman and Green, with power to act. Upon motion by Fryer second by Amundsen, the City Attorney, Building Inspector and Board of Public Health and Welfare, were instructed to enforce the ordinance regarding trailer camps. Upon motion by Green second by Fryer the Board of Public Health and Welfare were notified that is is the wish of the Common Council that some action II, be taken regarding ttagnant water in the -dumping grounds near the Great Western 'i Railway property. The following communication from I.L.Eckholdt, City Attorney regarding i� claim for damages by Connell Kingrey was reed, and on motion by Green second by Richman said report was accepted and ordered placed on file: "July 18,1938. Honorable Mayor and Common Council, City of Rochester, Minnesota. Gentlemen, In connection with the claim for damages,of Connell Kingrey, sustained on May 30,1933, at the Municipal Swimming Pool in Soldiers' Field, after a careful study of the facts and the law relative to said claim for damages I find no liability on the part of the City of Rochester, Minnesota. In the first place I am unable to see any negligence on the part of said City and in the second place under the law of -Minnesota, as shown in the case of Roy St.John vs.City of St.Paul, 179 Minn 12, which case holds that there is no liability on the part of the City in the main- tainance of a swimming pool, even where a small fee is charged for the use of its supplies, on account of the fact that the City in maintaining the swimming pool is engaged in a governmental function. J 1 - I also attach hereto a copy of the opinion of the Attorney General of our State, dated April 17,1936. For the reasons aforesaid, It IS MY OPINION that the City of Rochester, Minnesota, is not liable in damages for the injuries received. Very respectfully yours, Irving L. Eckholdt, City Attorney." r. 74R t i I In a meeting of the Common Council held July 5th, the question was submitted to the City Attorney as to whether the west 15 feet 1i of the North 150 feet, and the east 15 feet of the North 150 feet of 'f �! Outlot 7 Cummings Addition to the City of Rochester is or is not a public alley and the City Attorney submitted a lengthy' opinion wherein he held i 11 that the said described property is a public alley and President Ltdd6a , y ordered that the said report be placed on file. l Harry Tompkins, acting Chief of Police, stated that the Mayo h d . Clinic,thru Harr J.Harwick, wish to i! y present the City of Rochester with a i i Packard Ambulance, and that the City may dispose of in any. way, the present ambulance which they have, and on motion by Fryer second by Amundsen the said gift was accepted and the Chief of Police and Police Committee were h !' authorized to dispose of the ambulance which the City is now using to the best advantage of said City of Rochester. i; Upon motion by Amundsen seconfl by Richman tho Chief , of Police iI I; was authorized to purchase 2500 bicycle license plates. President Lemmon announced theappointment of Alderman Fryer V It as Chairman of the Finance Committee replacing Alderman Lemmon as_Chairman li of such committee, and the appointment of Alderman Williams as a member of the following committees replacing Alderman Lemmon: Finance Committee, Fire Department Committee, License, Purchasing, Lighting, Insurance,and Tax i iCommittee. Upon motion by Green Second by Richman,the Mayor,City Engineer, City Attorney and City Clerk,were instructed to prepare the necessary plans, and application forms asking for a P.W.A.grant for the constructi'Ja i of a City Warehouse, paving Birth Street Southwest from Broadway to Second Avenue Southwest, and First Avenue Southwest from Fifth Street Sout twest to Sixth Street Southwest, construction of sanitary sewers in First Avenue Southwest,tot Rifth Street Southwest to Sixtb. Street Southwest and in Sixteenth. Avenue Southwest from First Street Northwest to Second Street Southwest, and the construction of a Soldier Field storm sewer. it Upon motion by Richman second by Fryer the Common Council (l adjourned. City Clerk. I I A