HomeMy WebLinkAbout09-03-1935192
SEP 3 1935 ---
Minutes of a regular meetinr, of the Common Council of the City,
i
1
of Rochester, Minnesota, held in the Council Chambers in the City Hall in
said City at two o'clock P. M. on September 3; 19354
i
Meeting called to order by President Liddle:
i
Present: Liddle; Amundsen, Pryerr;: Green; Moody, Richman, i
It
!i Absent: L emmon.
i
i Mrs. Bert Elliott Eaton; representing the Civic Leagues was be-
fore the Common Council with a request that the Common Council sponsor a
W. P. A. Project for the repair of the Woodworth Building; the Civic League
to pay for the materials, and the work to be done under W. P. A.. Upon
I
! motion by Amundsen second by Fryer, and all voting in favor thereof; the
i;
City Clerk was instructed to sign this application for the City of Rochester,
j�
i as sponsoring this project.
It
I
President Liddle announced this as being the time nd place fixed
i'
1 for the hearing on the construction of a sanitary sewer in "'ifbh Avenue
Southeast, from Flev-.nth Street to Twelfth Street Southeast- and asked
i
;i
i if there were any person present who wished to be heard concerning; this
improvement.
i
!, There was no person 'present who wished to be heard concerning
I:
J
i
the construction of the above described sanitary sewer:
President Liddle announced this as being the time and place fixed
r'
p
.I
for the hearing on the construction of a sanitaxy sewer between the center
'
�i of the intersection of First Avenue Northeast and Eleventh Street Northeast,.
t
Is
;I and the center line of the alley running, north and south between blocks
35 and 36 in said Nerthern Addition, and President Liddle asked if there was
any person present who wished to be heard concerning the said improvement.
.
There was no person present who wished to be heard concerning the
�I •
J! construction of the above described sanitary sewer.
i;
j President Liddle announced this as being the time and place fixed
I
fl
�
193
for the hearing on the Bituminous Treatment of Fourth Avenue Southwest, between
Fifth Street and Sixth Street Southwest, and asked if there any person present who
wished to be heard concerning the said improvement.
There was no person present who wished to be heard concerning the
Bituminous treatment of Fourth Avenue Southwest as above described.
The reports of the Northern Natural Gas Company on gas tests t ak en at
Sioux City, Iowa, showing an average BTU Qf 1007 for the week ending August as 1935
andan average BTU of 1010 for the, week ending August 28, 1935, were each read.
The following communication was read, and President Liddle ordered that
the same be placed on file:
"August 279 19 35 .
President of the City Council
City, of Rochester
Minnesota.
Dear Sir:
This office wishes to thank the City of Rochester for the cooperation
with our men in apprehending liquor violators in your city. Our inspector,
George G. McPartlin, reports that he received splendid cooperation from the
Mayor, Doctqr W. Moore; both financially and with the information he had on
hand*
The last legislature cut our appropriation so that this department has
no longer a fund that can be used in investigating these offenders and we fully
appreciate the cooperation of the City of Rochester in furnishing these funds
and information to enable the investigations.
Again wishing to thank you for your cooperation, we are
'fours very truly,
DAVID R. AP.UNDEL
MINNESOTA LIQUOR CONTROL COMMISSIONER
By J. Mahoney "
The applications of May Arilla -Tolan, Belle P. Walker, Elmer Orville
Marshall,and Minnie S. Engel for Old A ge Pensions, were each read, and President
Liddle ordered that the same be placed on file:
The following ruling by the City -Attorney was read; and President Liddlel
ordered that the same be placed on .file:
19 �-
SEp A 1926
C
"August 269 19 35
To the Honorable Mayor and Common Council
To the City of Rochester:
Gentlemen:
The City Engineer has submitted a plat, and certificate in reference to that
Part of Third Avenue Northwest in the City of Rochester, where the same
runs through Outlots Three, Fbur and Five, which plat and certificate
have been filed in the office of the City Clerk.
To throw further light upon the question as to whether or not that avenue
is a legal highway, on July 17, 1935 I gave a written opinion to the
Rochester Utility Board of this city, as follows:
"July 17, 19350
Public Utility Board;
Rochester, Minn.
Gentlemen:
You have requested my opinion as to whether or not the highway
now known as Third Avenue Northwest in the City of Rochester, where
the same runs through Outlots 3, 4. and 5, is a legal highway:
The City Engineer of said city informs me that there may be a
variance between the traveled highway as it now exists between said
Outlots and the platted highway as shown upon the plat and map of our
city, i.e., that the portion now traveled may not be within the lines
shown upon the mapo
As facts in reference to said highway; I am reliably informed that
the traveled highway in its present location has been in that location
for no doubt more than twenty years and durinE that time has been
traveled continually by the public, used continuously for highway pur..
poses; has been improved by the proper authorities of our city, and no
claim on the part of any individual has ever been made that it was not
a legal highway and no steps ever taken to close it up:
Upon examination of the law in reference to highways; roads and
streets, I find the following Mason's Statutes 1927, Section 2590 read -
ing as -follows:
"Dedication by user - Whenever any road or portion thereof shall
have been used and kept in repair and worked for at least six
years continuously as a, public highway, the same shall be deemed
dedicated to the public, to the width of two (2) rods on each side
of the center line thereof and be arld remain until lawfully vacated,
!; a public road, whether the same has ever been established as a
Public highway or not: (121 ci 323 50).
;j
i?
i!
---------- - ----- rt- `
To constitute a common law "dedication" of a roadway there must be
an appropriation or smrrender by the owner to public use and an
acceptance by the public4 It may be express, or implied as a fact
from attendant circumstances. 158 Minn. 939 197 N. ".99.
195
6
:: .
The keeping ° in repair and working of a road for six years, must be
done under the authority, and at the expense, of government; functioning
through an appropriate agency. Town of Wells V. Sullivan, 125 Minn. 353,
147 N. Wei 244; is controlling to that fact. 159 Minn. 1459 198 N. W. 420-. "
"Common-law dedication of a roadway is established by proof of long -
continued public use under such circumstances that the knowledge and assent
of the owners, known or unknown, may be presumed. Metalsk v. R. 184 Minn.
2609 238 N. W: 378, See Dun. Dig. 26464"
After careful consideration of the facts and of the law of the State of
Minnesota, it is my opinion: `
That, the highway above described as now located and used by the public is a
legal public highway to the width of two rods on each side of the center line
thereof:"
Very t espectfully yours,
( Signed) Irving L Eckholdt;
City Attorney*"
I suggest that this opinion be filed along with the plat and certificate now on
file in the office of the City Clerk:
Very respectfully yours;
Irving L: Eckholdt;
City Attorney. "
The following remonstrance which was signed by twenty-one persons inter-
1 ested in this improvement % was read:
"REPdON STR I& CE
i
To the Honorable Mayor and Common Council of the City of Rochester:
The undersigned; property owners and holders along Eighth Avenue N. W,
from Third Street to Fifth Street, and along F:1fth and Sixth Streets, N. Ws from
Eighth Avenue to Eleventh Avenue, protest against the proposal to curb and
i
apply bituminous treatment to said streets, for the following rea.ons:
i
The region is remote from the business district, and the project is not
warranted by density of population or amount of traffi c4
The roadways &Xe almost constantly in good condition, and their maintenance
has not been difficult. -
The expense of the project is out of proportion to the ground values, and
if the plan is carried out, it will add little or nothing to * said values.
Payment of the cost will work an unnecessary and untimely hardship on
many of the undersigned who are carrying a burden of debt on their homes."
Theodore A. Schacht, representing tJxe signers on the above remonstrance,
Leo Herrick and Arthur Mitchell, were before the Common .Council in Apposition to the
_96
` EP 3 IM
;i proposed improvements of Eighth Avenue and Fifth and Sixth Streets North-
i
westa
i; Upon motion by Moody second by Amundsen, the above petition was
j
i;
placed on the table for consideration at such time as there is formal
hearing on the improvement of these •streets4
I
j Fred R. Finch was before the Common Council with a request that
'i
i�
ment Department be granted the use of Room 209 in the
�. the NdtJbne►1 Reemploy
City Hall for the ladies department of the National Reemployment Office,
and upon motion by Green second by Richman, the matter was referred to the
I�
ii Public Grounds Committee and the Chief of Police with power to act.
Upon motion by Green second by Amundsen, the City Clerk was
instructed to sign releases on License Bonds of L. F. Milostan; J. A. Daly,
li
and George Popple;
Iv
�
The duplicate insurance policy #76850written by the Anchor Casualty
Company to the Rochester Bus Line Inci, covering their operation of jitney,
' buses in the City of Rochester, was read, and upon motion by Amundsen
•�•
ii
j second by Fryer, the same was accepted and it was, ordered that it be placed
4 on filei
An Ordinance regulating the placing erecting and maintaining of
signs over public streets; sidewalks, and public grounds in the City of
Rochester, Minnesota, was given its second reading:
s
I
The following communication was read:
"August 24; 1935i
,
The Honorable Mayor and Common Council.
l;
'
i
Gentl omen:
�•
II
�I
The Board of Trustees of the Firemens Relief Assn ask your approval
•
in regard to changing the loan on the home of Edward J. Dillon located
at 307 1st Place S. E. which was approved to a home that he has bought
i
located at 1046 8th Ave. S. E. Lot 11, Blk 19 Johnsons Addition, subject
��
19
E
to the same conditions as the other_ loan was approved.
Respectfully submitted
Peter S. Mackey
Secretary: "
The following committee report was read, and upon motion by Richman
second by Amundsen the said report was accepted, and the request therein was granted:!
"Ro chest er, Minnesota.
August 31 st ; 193501
Honorable Mayor and Common Council,
City of Rochester; Minn.
Gentlemen:
We, the Finance Committee of the Common Council of the City of
Rochester, Minnesota, recommend that the loan
approved
by the
Common Council on
the property of Edward J. Dillon, located at
307 First
Place
Southeast be trans-
ferred to cover the home at 1046 Eighth Avenue Southeast (Lot 11, Block 1,
Johnson's Addition) in accordance with the request of Peter S, Mackey, Secretary
of the Fire Department Relief Association, under date of August 24th9 1935:
Respectfully submitted,
TREE FTNANTCE COMMITTEEo
By J. T. Lemmon, Chairman
S. Smith Fryer
Geo. Richman
I. L . Eckhol dt , City Atty.
G
The reports of the Milk Inspector for the months of July and August were
each read, and President Liddle ordered that the same be placed on file.
The requisition by the Health Officer upon St. Mary's Hospital, for the
"
isolation of Anne Joyce Ming, aged three years, living at 809 Eleventh Avenue North-
east, and diagnosed to be suffering from Poliomyliti s, was read, and President
Liddle ordered that the same be placed on file.
The report of the City Engineer for the month of August 1935, showing
disbursements from the General Fund for labor, in the amount of 3704,699 from the
Street and Alley Puhd .5801.99, frem the Sewer Fund �;v213.£329 from the Bridge Fund
�1625.16., and from the P. I. R. Fund j320.91, was read, and President Liddle ordered
198
SFP 3 1935
---------------
that the some be pieced' on file. ^
The report of th.e Clerk of the Municipal Court for the week end-
11 ing Adgust 26 9 1935, showing Criminal Pines collected �"112020t Civil Fees
received .116.909 Conciliation Court Pees '$,40759 Court Costs charged to
is
Olmsted County 118*-00, Pines etc., collected (hie to Olmsted County ""'30,00,
was readq ,n.nd President Liddle referred the same to the City Attorney,*
j Upon motion by Amundsen second by FTyer, the sum of 030400 was
appropriated from the General Fund, and it was ordered that the same be
jf
paid to Olmsted County, Minnesota, for local Municipal Court fines collected,
due to Olmsted County.
The following Notice of Termination of Lease was rea.d9 and President
IlLiddle ordered that the same be placed on filee.
"To the City of Rochester, Minnesota:
Ij We have accepted an 0:!,-'fer to me-ke improvements upon and lease
a part o.c the Mill Reservation in Moe & old's Addition to the town,
now city9 of Rochester, lying south of a. line thirty feet south of the
II south wall of the mill building upon said Promises and west of the con-
crete wall a3.,onp, the Zumbro River and east of the public alley which
makes it necessary, greatly to our regret'$ to terNinate your lease
thereof
it Therefore you are hereby notified that the lease of said premises
to you, dated May 7thq 19351 will be. terminated on September 4tI191935.
Dated Auk-ust 229 1935-0
Mayo Properties Association,
By W. J. Mayo, Chairman.
Geo. We manger, As'st Secretary.
Circular letters from R. A. Radford Acting State Director PeW*A*g
t
calling attention to the fact that all applications for P. W. A** grants must
-
II
be in their offices not later than September 7th, was read,, and President
r
Liddle ordered that the same be placed on file* -
The following copies of resolutions passed and adopted by the
11 Sinking Fund Commission, were each read, and upon motion by Moody second by Anundsen ( !
a
the actions set forth therein were approved, and it was ordered that the same be
placed on file:
"BE IT RE,Ms 'D by the Commissioners of the Sinking Fund of the City
of Rochester, Mi -.u.r;sota, that the sum of $1994470009 be and the said sum is
hereby appropriated from the Sinking Fund of said City, and paid to the Bi gel ov
Webb 'and. Company of Minneapolis, Minnesota, for the purchase price of $17,000.
State of Minnesota 4% Rural Credit Bonds, maturing December 15, 19439 `17,000.
principal, 12,309,11 premium and $137*89 accrued interest to August 28, 1935;
$171,000, thereof being from Code 23 and i 2047.00 from Code 24 of the Sinking
Fund. "
"BE IT RE`i)LVFD by the Commissioners of the Sinking Fund of tbCity of
Rochester, Minnesota; that the sum of 01141,519 be and the said sum is
hereby appropriated from the Sinking Fund of said City; and paid to the
Bigelow -Webb and Company of Minneapolis*$ Minnesota, for the purchase price
of .1,000.00 State of Minnesota 3"" Highway Bond, maturing July 15, 1945;
.,$19000:00 thereof being principal on said bond; $137.0 3 premium and -4 48
accrued interest to August 28, 1935; 411,000.00 thereof being from Code 23
and $141051 being from Code 24 of the Sinking Fund* "
"BE IT RESOLVED By the Commissioners of the Sinking Fund of the City of
Rochester$ Minnesota, th6tthe sum of $15037.27, be and the said sum is here-
by appropriated from the Sinking Fund of said City, and paid to the Bigelow-
ffebb and Company of Minneapolis, Minnesota, for the purchase price of $13,000,
State of Minnesota 4:�% Highway Bonds, maturing May 15, 1943; $13000.00 thereof j
J
being principal on said bonds; $1879.19 premium and $158.08 accrued interest
to August
28,
1935;
$l39000 00 thereof being from Code 23 @Ad $2037.27 being
from Code
24 '
of the
Sinking Fund. "
The Official Bond of E. L, Anderson as Assistant City Engineer, with the
American Surety Company as Sdrety thereon, in the amount' of'$500.0q was read, and
upon motion by Green second by Richman; the Surety thereon was accepted, the said
bond was approved, and it was ordered that the same be placed on file,
The following copies of resolutions passed and adopted by the Public
Utility Board, were each read, and President Liddle ordered that the same be placed
on file:
200
SEP - 3 1935
"Be it and it is hereby resolved by the Public Utility Board of
the City of Ro chest e^ , Minnesota that the Hon. Common Council of the
saod City be and is hereby requested to authorize the said Board to
enter into a contract with L. III. Feller of this City for the furnishing
of the necessary labor, materials and equipment for. the extension of
RIP -RAP CONSTRUCTION AT the Hydro Electric Plant in accordance with
specifications on file, for a lump sum price of EIGHTEEN HUNDRED AND
THIRTY DOLLARS and the sum of ONE HUNDRED AND NINETY FOUR DOLLARS for
the repairing of the North end of the present wall, the latter item
not being included in specifications; making a total contract price
of TWO THOUSAND AND TWENTY FOUR DOLLARS 1$2024,00l-said L. M. Feller
being the lowest responsible bidder:"
"Be it and it is hereby resolved by the Public Utility Board of
the City of Rochester, Minnesota that the Ron. Common Council of the
said City be and is hereby requested to authorize the said Board to
enter into a contract with the L. A, Kepp Contracting Company for the
furnishing of -all the necessary labor, materials, .including ornamental
r standards, and equipment to make complete installation,of an ornamental
4 street lighting system in Second Street Southwest from Eleventh Avenue
to Sixteenth Avenue Southwest, in accordance with plans and specificatinhs
on file and in
Center Street West from Second to Third Avenue
First Street Southwest from Second Avenue to Third Avenue
First Street Southwest on South Side of street froin third
Avenue to- Fourth Avenue
Thira Avenue Southwest from West Center Street to Fit st Street
• r
Southwest on the East Side of Street
Third Avenue Southwest from First Streit to Second Street Southwest
in accordance with plans and specifications on file, the total lump
sum contract price for the installations herein stipulated to be
THIRTEECt THOUSAND TWO HUNDRED AND' SEVENTY SIX DOLLARS ($1327640) and
the said L. A. Kepp Contracting Company being the lowest responsible
bidder s:"
"Be it and it is hereby resolved by the Public utility Board of
the City of Rochester, Minnesota that the Honorable Common Council of
this City be and is hereby requested to authorize the said Board to
enter into a contract with Ralph D. Thomas and Associates, Consulting
Engineers of Minneapolis, Minnesota .for the furnishing of engineering
services for the installation of the proposed new boiler and auxiliaries
such services to consist of revamping the present specifications to
r
�_
eliminate Powdered Coal Firing; checking the changes to be made in same,
i
offer suggestions regarding same, tabulating bids and to recommend the equip-
ment and contractor selection after opening of bids; the amount involved in
said contract to be at the rate of $50.09 per day not to exceed one per -cent i
of the total cost of the work covered by the plans and specifications."
"Be itand it is hereby resolved by the Public Utility Board of the
City of Rochester; Minnesota that the Hon: Common Council be and is her e�y
requested to authorize the Board to purchase the properties of the Olmsted
County Power Company including it's lines; transformers and other egaipment
for the sum of Tj'VETTTY SEVEN THOUSAND FIVE HUNDRED DOLLARS (12795000O00 . in ac-
cordance with the terms of a proposal from the said Company, a copy of which is
hereto attached and made a part of this iesblution:"
Aldermdn Fryer introduced the following resolution which was read:
"Be it resolved by the Common Council of the City of Rochester,
Minnesota:
That the Board of Park Commissioners be and the said Board is hereby
1
authorized and directed to make application with the Federal Government for a
-- a
45% grant on the proposed construction of a swimming pool in Soldier Field; the
estimated cost of said pool being $55-000 00,
Be it further resolved by the said Common Council:
That the Board of Park Commissioners be and they are hereby authorized
and directed to furnish such information as the bxnited States of America through;
the Federal Emergency Administration of Public Works may reasonably request in
connection with the application which is herein authorized to be filed. "
A. R. Zick opposed the construction of a swimming pool:
Upon motion by Green second by Ricbman, that the above resolution be
adopted as read, and all voting in favor thereof; President Liddle declared the
said resolution duly passed and adopted
The request of the Board of Park Commissioners for authority to send t
Board Members and the Superintendent of Parks to the National Convention of Park
Executives at Portland, Oregon, fraan 'Sept`eouber 15 to 18, 1935 was taken from the
table for consideration at this time: Harold Thompson stated that Mr. Starkey had
202
I SEP : 3 1935,
0
withdrawn, and t.het the Park ro,rd were only requesting authority to sand
one Board Member and the Superintendent to the said Conventions
granted.
Upon motion by Richman second by Amundsen, their request was
The following request from the City Engineer was read, and
President Liddle ordered that 'the same be placed on file:
"August 26, 1935.
Hon. Mayor & Common Council, `
City
Gentlemen:
I hereby request that $10 ;000; be appropriated to the
Street and Alley Fund; and $2,000.- to the General Fund$ for use of
the Street and Alley Committee:
Respectfully;
Co" H: Armstrong,
City ESngineeri "
Q:
E. Ginther; Chief
of the Fire Department,
submitted specificatln
Lions for a
service truck and
specifications for 2,000
feet of 2-2" Fire
hose$ and upon motion by Amundsen second by Moody$ the City Clerk was in—
structed to draw a resolution accepting these specifications and ordering
advertisements for bids;
The aPPlicationsof T: V: Nagle for Public Dance Permit at the
Woo dnan Hall August 249 1935 and of S. J. Wentworth for Public Dance Permit
at the Woodman Hall September 7 and 141 19359 were each read:
The application of Lloyd Bennett for a license to connect with
I sewers and drains was read; 'and upon motion by Amundsen second by
;Richman, license was granted;
The License Bond of
Lloyd Bennett
covering his license to
connect
,with sewers and drains$ with
the Fidelity
Casualty Co: of New York
as
II Surety thereon, in the amount of $19'0000'00 was read.
Upon motion by Green second by Richman; the Surety thereon was
203
L
accepted, the said bond was approved, and itwas ordered that the same be placed on
The application of George H. Popple for a Plumber's License was read,
and upon motion by Green second by Moody, license was grantedi
The Plumber's License Bond of George H. Popple, with the Seaboard Surety
Company as Surety thereon, in the amount of $1000 00 was read; and upon motion by
Green second by Richman, the Surety thereon wan accePted; the said bond was approved,
and it was ordered that the same be placed on file4
The applications of the Bluemoon Night Club; Midway Lunch, and the Golden
Rod Cafe,. for permits to place 'and: maintain signs were each read; and upon motion by
Moody second by Green, permits were granted4
Balance
sheet4
Income
Statements etc., prepared by the Public Utility
1
Department for the
months
of May
i
and July 19359 were each read, and President i
Liddle ordered that the sane be placed on file; the Income Statements for the month
of July 1935 showing a net profit inthe Light Department for July of $49671,0929 and
for the four months of this fiscal year $32,844:65t and a net income in the Light
of this fiscal year of
Department for July of $2-432026, and for the four months' O.36,35049; a net profit
of this fiscal year of
in the Water Department for July $947. 71, and for the four months'$10 ; 769;15; a net
income loss. in the Water Department for July $412:971 and a net income for the four
months of ttiiis fiscal year of $89187.91,
The following certificate by the City Engineer was read, and President
Liddle ordered that the same be placed on filet
"August 279 1935:
Hon. Mayor & Common Council _
Gent 1 am on:
I herewith submit certificate No. 1 in favor of the Purington Paving
Brick Company of Galesberg, Illinois - for furnishing to the City of Rochester,
Minnesota 22" Dunn -Lug -Vertical -Fibre -Cut No. 1 Paving Brick.
SEP
�i 606000: Brick at $32:00 per,M f.00-b4 cars;
freight paid to Rochester, Minnesota 016,192:00 ( j
I
Daily Invoices of shipments and Car Numbers with sworn statements
are hereto attachedi
Certified as being correct:
Respectfully;,
C: H,4 Armstrong
City Engineer. "
Alderman Green introduced a resolution appropriating $16,19240
from the Street and Alley Fund Code 18, and ordering payment made to the
'Purington Paving Brick- Company, Galesberg, Illinois, for furnishing
1 506 9000 22" Dunn -Lug -Vertical -Fibre -Cut No L; Paving Brick, in accordance
with the above certificate by the Engineer, 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 de-
clared the said resolution duly passed and adopted:
The following claims were read, and upon motion by Green second
by Amundsen, the same were allowed and the Mayor and City Clerk were
authorized and directed to draw warrants upon the City Treasurer and make
payments accordingly:
From the General Fund: The Frank Shepard Co: $10401 Ede Amundsen
023:409 Health Office Intact Office Fund $9:969 C-eo. N: I-Tentges $2420,
General Fund Code 28 :9161 08, Devlin' s $1.30, John Luce $a259 Flora Co
Anderson 020400, Olive R. Jones $40 00, Nellie Hanrahan 3400,000,
From the Street and Alley Fund: Olmsted County Power Co. $30.46 9
General Fund Code 28161:88, Co -Operative Oil Co. 04718
Prom Frank E. Williams Estate Fdtnd $119 4 48 0
From the Permanent Improvement Revolving Fund: General Fund
Code 28 *$10:58:
Prom the Sewer Fund: Co -Operative Oil Co: $36.650*
205
Aldermen Moody introduced a resolution granting Public Dance Permit to
i
I
T. V4 Nagle for the Woodman Hall August 249 19359 and fixing the fee at $3 00,
which was r-ead:
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 Richman introduced a resolution granting Public Dance Permit to
S. J. Wentworth for the Woodman Hall September 7 and 14, 1935, and fixing the fee
at $600, which was read4
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 resolu-
tion duly passed and adopted.
Alderman Richman introduced the folloi�d.ng resolution which was read: {
"WHEREAS, on August 5th, 19359 the Common Council of the City of Rochester,
Minnesota, adopted a resolution ordering that local public improvement be done
in said City as follows:
I
That part of Fourth Avenue Southwest, between Fifth Street Southwest and I
i
I
Sixth Street Southwest shall be paved with bituminous treatment, ' and on
i
August 23rd, 19`7)5, adopted a resolution determining to assess the whole cost
and expense of said improvement against each lot, piece and parcel ofland
benefited by said improvement- and ordered a notice of a public hearing to be
held on September 3rd, 1935 at 2 o'clock'Po M:, and ordered due notice to be
given in accordance with the City Charter, and
WHEREAS, the said notice has not been given in accordance with the City
Charter;
NOW THEREFORE, Be it and it is hereby resolved by the Common Council of
the City of Ro chest er, Minnesota:
That a public hearing will be held on September 23rd, 19359 at 7:30
o'clock P, M., in the Council Chambers in the City Hall in said City where all
persons and parties interested in said improvements may then and there appear
and be heard before said Common Council upon all matters relating to the said
206
SEP . 3 1935
impr
ovement or to the mode of assessment for the cost and expense of `
said improvement upon which they may desir & to be heard:
Be .it further resolved by the said Common Council:
i' That the City Clerk of said City of Rochester, Minnesota, is here-
�I
by authorized and directed to give public notice of said hearing in ac-
cordance
with the provisions of the City Charter of said City in such cases made
and provided. "
Upon motion by Amundsen second by Richman, that the saidresolution
>e adopted as read, and all voting in favor thereof, President Liddle de-
lared the said -resolution duly passed and adopted:
-ead:
Alderman Amundsen introduced the following .resolution which w4s
"V,R%�?,EAS, the Common Council of the City of Rochester; 1innesota,
at a meeting held on August 2391935, did pass a resolution declaring
it expedient and necessary that a sanitary sewer be constructed, com-
mencing at the Center of the intersection of First Avenue Northeast
and Eleventh Street Northeast in the City of Rochester, to the center
line of the alley running north and south through Blocks 35 and 36 in
the Northern Addition to the ,,'own$ now City of Rochester s Minnesota,
if said alley were extended across said Eleventh Street Northeast; and
ordering that a public hearing of all persons interested be held at
2:q0 o'clock P. M. on September 3, 1935, in the Council Chambers in
the City Hall, in said City", and directed the City Clerk to c4
.�use notice
of the tAm.' , place and purpose of 'said hearing to be pub,li.shed as re-
quired by law, and said resolution was approved and sinned by the jkay4r
of said City of Rochester, and
WHFRFAS said City Clerk did duly and in due time publish a notice
of the time, place And purpose of said Public hearing- in the official
newspaper of said City, to wit: In the Rochester Post Bulletin, on
August 26; 1935, and
W1IMEAS, on September 3, 1936- at 2:00 o'clock P. M. , said.: Common
Council duly met at the Council Chambers, in the City S?all in said
City, pursuant to said resolution and notice of saidpublic hearing was
then and there held and all persons interested in the` said sanitary
sewer who were present, were heard before said
and relating to the said sanitary
Common Council concerning
207
sewer, dald said Common Council having duly considered the matter of the con-
struction of the said sanitary sewer and the arguments and. reasons for and
against the same and deeming it expedient and necessary that, the said sanitary
sewer be constructed;
THMEFORE, Be it and it is hereby resolved by the said Common Council:
That a sanitary sewer be, constructed commencing at the Center of the
j4
I
intersection of First Avenue Northeast and Eleventh Street Northeast in the City of
Rochester, Northeast to the center line,of the alley running north and south
through Blocks 35 and 36 in the Northern Addition to the Town, now City of
Rochester, Minnesota, if said alley were extended across said ;Eleventh Street
Northeasta
BE IT FURTHER RESOLVED by the said Common Council: That the aforesaid
improvement be made and done in the manner hereinabove set .forth and that the
R * r
whole cost and expense ofthe saidimprovement shall be paid by special assessments
i
{
levied as provided by law:
BE IT FURTHER RESOLVED by the said Common Council: That the Sewer Pipe
used in the sanitary sewer shall be eight (8) inches inside diameter, that all
pipe shall be salt glazed vitrified clay pipe of standard thickness, that all
joints in pipes shall be filled with Portland cement, that all manholes shall be
constructed of good quality brick and covered with a cast iron cover and ring,
together. with weighing not less than 380 pounds, and the "Y" branches shall be
placed on the said sewer for house connections at such intervals as the size of
the abutting lots may require.
BE IT FURTHER RESOLVED by the said Common Council: That the City Engineer
of said City be and he is hereby directed to make and furnish to said Common
Council an estimate of the cost and expense of the construction of the said
sanitary sewer as above described and to prepare and file in the office of the
City Clerk of said City, detailed plans, profiles, and specifications for the
said sanitary sewer as herein described "
Upon motion by Richman second by Moody that the said resolution be
l 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 $10,000*00 from the
Street and Alley Fund and $29000,00 from the General Fund, for use of the Street and
Alley Committee, which was read.
208
SEP 3 193�
W
Upon motion by Green second by Fry-®r, that the said resolution
be adopted as read, and all voting in favor thereof, President Liddle de -
Blared the said resolution duly passed and adopted%
Alderman Green introduced a resolution authorizing and directing
the Public Utility Board to enter into contract with L. M. Feller for the
furnishing of the necessary labor, materials and equipment for extension of
Rip -Rap Construction at the Hydro Electric plant, and for the repair
of the north end of the present wall, in accordance with the above quoteed
of the surety bond
resolution request, and fixingthe amount to be given by the said Contractor
at the sum of 2902440, which was read.
Upon motion by Moody second by Amundsen that the said resolution
be adopted as read, and all voting in favor thereof, President Liddle de-
clared the said resolution duly passed and adopted:
Alderman Fryer introduced a resolution authorizing; and directing
the Public Utility Board to enter into contract with L. A. Kepp Contracting
Company for ornamental steet lighting system, in accordance with the above
of the surety bond
;quoted resolution request, and fixing the amount'to be given by the said
Contractors at the sum of $13,27600, which was read.
Upon motion by Green second by Fryer that the said resolution be
adopted as read, and all voting in favor thereof, President Liddle declared
he said resolution duly passed and. adopted*
Alderman Fryer introduced a resolution authorizing sad directing
he Public Utility Board to enter into contract with Ralph D. Thomas and
Associates,for engineering services in accordance with the above quoted
esolution request, which was read.
• f
Upon motion by Fryer second by Richman that the said resolution
e adopted as read, and all voting in favor thereof, President Liddle declared
a
r,
If
in
209
j
the said resolution duly passed and adopted,
;
Alderman Moody introduced a resolution appropriating :t688.30 from the I
General Fund, and ordering payment made to the Co-Operetive Oil Company for 7,937
r,
i
R .
gallons of nasolind shipped in Car GfiTX 26480, which was read.
Upon motion by Green second by Amundsen that the said resolution be i
i
adopted as read, and all voting in favor thereof, President Liddle declared the said
3
fr
I
resolution duly passed and adopted.
.
Alderman Moody introduced the following resolution which w s read:
a.
rz
"Be it resolved by the .Common Council of the City of Rochester, Minnesota:)
'
�4
« 1
•
That the sum of $547 40 be and the said sum is hereby appropriated
�j
from Code 18, General Fund, of said City and ordered paid to Charles Foster,
M it
!i
Consulting Engineer, for Engineering services in connection with report on
_ improvements to Electric. Generating Plant, during the period July 8th to
xb �I
b.
i August 109 19351, a total of 10 days at $50400 - $50040 - Bus fare, dinner,
4�.
luncheons, etc. furnished during this time $47.40 - being a total of $547,140.
1
{
i
The Mayor and City Clerk are hereby authorized and directed to draw a
�
IliI
warrant for said sum upon the City Treasurer in accordance herewith, and cause
said payment to be made. "
PF _
Upon motion by Richman second by Green, that the said resolution be
�r
t
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 $11,043.30 from
the Park Improvement Fund, • and ordering payment made to the Mayo Trust Fund for
payroll for labor during the week ending August 309 19359 which was read.
r
i Upon motion by Moody 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.
1`4
I The City Clerk called to the attention of the Council the matter of the
`SEP 3 193511
assessments for sprinkling of the. streets where Bituminous treatment has been
placed, and President Liddle referred the matter to the Street and Alley
Committee, the City Engineer and the City Clerk.
Alderman Moody asked the City Attorney if the City of Rochester
could legally purchase the Olmsted County Power Line properties, at which
the Attorney gave his oral opinion that the City of Rochester could not
legally buy this Power Line: for the reason that it is not an extension of
any present line but is an additional line.
A motion by Moody second by Richman that inasmuch as we have beard
legally
the oral ruling of the City Attorney, that we cannot buy this Poster Line,
the Public Utility Board shall not be authorized to enter into contract with
the Olmsted County Power Line, for the purchase of their line without a legal
vote of the citizens of. the City of Rochestere-
Upon motion by Green second by Fryer, Stanley C. Flanning was ap-
pointed Constable of the Third Ward for the balance of this official year.
Upon motion by Amundsen second by Green the City Engineer was
authorized and directedto prepare specifications and estimate of cost for the
furnishing of a 3/4 ton truck for use in tphe Street and Alley Department.
Upon motion by Fryer second by Green, the Public Utility Department
were instructed to place a street light on Third Street Southeast, either at
the old mill or a location near there.
Upon motion by Amundsen second by Fryer, the sum of 1122e88 was
'appropriated from the General Fund for payment to J. W. Feller, Post Master,
r one thousand two -cent stamped envelopes for the City Engineer.
Upon motion by Amundsen second by Fryer, Manfred H, Waldron was
anted a four -days vacation commencing September 23, 1935.
Upon motion by Moody second by Amundsen, the City Clerk was in-
ructed to notify the Telephone Company to'remove their poles in the alley
ast of Bhoadway, and make connections to the underground system which has
een installed there.
211
The City Clerk accordingly addressed the Telephone Company as f.ollows:
"Sept einb er 49 19 ,-�5
Tri-State Telephone & Telegraph Co. ,
Rochester, Minn.
r
Gent 1 em en :
At a meeting of the Common Council of this City, held yesterday after-
noon, I was instructed to request that you remove the telephone poles etc.,
in the alley east of Broadway where the new underground system has been
installed. Therefore you are respectfully requested to consider their wisheso
Yours truly,
Lillian R. Sveom
City Clerk"
f
i
Upon motion by M.aady,_second by Amundsen, the Common Council adjourned,
!
i
to 7:30 o'clock P. M. on September 23rd, 1935. !
City Clerk:
r