HomeMy WebLinkAbout08-13-19232,38
Minutes of an. adjourned regular meeting of the Common Council of
the City of Rochestot, Minnesota, held in the Council Chambers, in the City
Hall, in said City, on August 13th, 1923, at 8 o'clock .P M
Meeting called.to order by President Weekst
Roll C�11: Present: Weeks, Cook, Kit_zman, Roeder, Witzke. Absent:
Lemmon, Newhouses
Motion by Cook second by Roeder carried that the minutes of the
5 meetings held on July 30, 1923, August 6, 1923, and August 11, 1923, be
each approved.
Alderman Newhouse came in at this time'and took his Chair
The Standard Oil Company, in a communications rvhioh was reed,
asked for permission to install and maintain a service station for storage
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and sale of petroleum products in the City of Rochester, Minnesota* on Lot
2, Block 1 of Elliott's Subdivision of the ' Test one-half of outlotss 4 and
5, Cummings Addition to the Town (now. City) of the City of Roohester, r4inn-
esota, being the northeast corner of Second Street Southwest and Eleventh
Avenue Southwest.
Reverend Bunge, W. LMercer, Lawrence O'Neill, Mrs. Pearson,
iMrs. Phoebe Schacht, Pr' S. Kelley, Hubert Harvey and others opposed the
granting of such permission.
Motion by Newhouse second by Roeder carried that the said request
of the Standard Oil Company be laid on the table until 41derman Lemmon
:Teturnsii .
The F. F. Palen Company, in a. communication which was read, asked
for permission to buil& a canopy over the front entrance to the building
Which they are now erecting at 115 Third Street Southwest, and motion by
Witzke second by Cook carried that such permission be granted, conditioned
that they comply with the proposed ordinance for the licensing of public
Property for private use .
President Weeks announced that this was the time and place fixed
for a hearing on the sprinkling of parts of Fburth Avenue Northwest and
Twelfth Avenue Southwest, and asked if there was any person present who
wished to be heard upon any matter concerning the said sprinkling.
There was no person present who wished to be heard in regard to
such sprinklings
President Weeks announced that this was the time and place fixed
for a hearing on the proposed construction of a curb and gutter on Fburth
Avenue Northwest between the north line of Center Street West and the
tracks of the C.G-W R.Pd.Co. said gutter to be 24 inches Wide and said
curbing to be 6 inches wide and set to a distance of 30 feet between the
inside faces, and asked if there was any one present who wished to be
heard in any matter concerning said curbing or gutter.
A. I.R. Zick .appeared in this matter and said that Y&ile there had
been a petition circulated opposing this improvement, its promotors found
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so little support that they decided to allow the improvement to b;e made. ,
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Alderman Witzke,introduced.a resolution ordering that the above curbing and
gutter be made and done,that the cost and expense be paid for by special assess-
ments, and. that the City Engineer prepare ej}d file in the office or the City Clerk
detailed plans, profiles ..and specifications for said improvement and make yand report '
an estimate of cost to the Common Council of said City, which was read.
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Upon motion by,Witzle second by Newhouse, and all voting in favor thereof],
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President Weeks declared said resolution duly passed and adopted.
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This being the time and place fixed for the opening of bids for the erection
of the old Seventh Street Northwest bridge on Eighth Street Northeast- over the mill
race of the Rochester A.4illing Company, the following bids were Opened and read:
-John J* I�err.: Erection according to specifications, $1650@00; extra
concrete in place, $2000;-extra steel in place per pound, 5 cents; excavation of
loose rock, per yard, $1.450; excavationof solid rock, per yard, $2150t
Feller_ Eros.: Erection. in. accordance with specifications, $179600; extra
concrete per cubic yard in place, exclusive of reinforcing, $25:00 per cubic yard;
extra re�nforc.ing steel per pound in place, 5 cents; extra structural excavation,
$3.00 per pubic yardi e t
Motion by Witzke second by Cook that the above mentioned.bids be rejected,
and that the City Engineer be instructed to secure labor, materials, etc., and cause
the said bridge to be erected, lost by the following vote: Ayes: Cook, Witzke, Nays:
Kitzman, Newhouse, Roederw,
The City Clerk reported that there were no bids received for the construct-
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ion of "an exftfension of Eighth Street Northeast sanitary sewer,. under the proposed
Eighth Street Northeast bridge,, -from a point 33 feet west of Second Avenue Northeast
to a point '175 feet east:
Alderman Newhouse introduced a resolution aECEpting the' above mentioned bid
of John J. Kerr for the'erectidn of the old'Seventh Street Northwest bridge on Eighth
Street Northeast over the mill race of the Rochester Milling- Company, and fixing the
amount of the bond to be given by said contractor at the sum of $2000..00, which was
readi
- A motion by Newhouse second by Kitzman that the said resolution be adopted
as read lost by the following vote: Ayes: Kitzman, Newhouse, Roeder. Nays: Cook,
Witzke; reference hewing been made to Section 165' of i lie local Charter, at which
President Weeks declared the said resolution not adopted because of the fact that
there were not dour members of the Common Council voting in favor of it.
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4otion by Newhouse second. by Roeder carried that action on the above I
mentioned bids for'the erection of the old Seventh Street Northwest bridge on Eighth
Street Northeast over the mill race of the Rochester Milling C=pany, be adjourned
and continued to August 27th, 19239 at 8 o'clock P.M., all voting in favor thereof
except Alderman Witzke who voted "Nay"
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+ Motion by Newhouse second by Kitzman carried that action on the construct-
ion of the above described sanitary sewer be adjourned and continued to `August 279,
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19239, 'at 8 O'clock P.Mi r
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The City Clerk submitted the following veto'�by the Mayor upon
the resolution passed and adopted August 6th, 1923, authorizing the
Public Utility Board -.to purchase 150 Trident water meters at a price of
$11655 each, F. 0, B& Rochester, Minnesota, which was reads
"Rochester,, A4inne sot a,
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August, llth, 1923;
Ronk Common Louncil,
Rochester, Minne sot ai
Gentlemen:
As this resolution was passed before the discussion, I hereby
return this unbigned Ifor further consideration,' and further I submit
herewith letter from the National Meter` Company relative to�this matter.
Respectfully submitted, r
Julius J: Reiter,
I?ayor of said City*"
Telegrams from the Waters Departments of Duluth, Saint Paul,
Minneapolis, Saint Cloud,; Brainerd, Faribault and Mason City, Iowa,
relative to ' water meter: 'matters, were each separately read.
President Weeks called attention that this resolution must
again be voted upon, and asked if any member of the Common Council
wished to move its adoptohnotwithstanding the Mayor's veto®
Alderman Witzke moved the adoption of said resolution notwith-
standing the Mayor's veto which` was second by Cook, and upon roll eall
Alderman Witzke voted "Aye", and Aldermen Cook, Kitzman, Newhouse and
Roeder voted "Nay", at which President Weeks declared the motion losti
The July, 19239 report of the Health officer was read, as was
.his annual report upon his inspection of the construction and management
of the City lock -up,- and President Weeks ordered that the same be placed
on filer
The report of the Clerk of the Municipal Court for the week i
ending July 23, 19239 showing fines collected in the amount of $23900
and civil fees coAlected in the amount of $10r00; the report of the -
Clerk -of the Municipal Court for the week ending July 30, 1923, showing
fines collected in the amount of $187@05 and civil fees.collected in the
amount -of $4i25; and Olmsted. County fees for June, 1923s, collected in
the amount of $17 a90 ; and the .report of the' Clerk of the Municipal Court
for the week ending August 6th, 1923s, showing fines collected in the
.amount of $37.30 and civil fees collected in the amount of $8r009 were
each separately read, end President Weeks ordered that the same be re-
ferred to the City Attorney.
The report of.the City Treasurer for the month ending July 31.,
.19239 showing; a balance on hand in amount of $332,321.34, was read, and
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President Weeks ordered that the same be placed. on filei.
The report of the Health Officer for the City Farm for the month of July,
1923, showing receipts in the amount, -;of 0733e53 and disbursements in amount of $1667.26
and a balance on hand in the,, amount. of-0259243s was read, and President Weeks ordered
that the same be placed on files..
The application of Wallace Charles Bibeau for a driver's license was read;
and motion by Newhouse second by Kitzman carried that license be granted.
The appointment, by the Mayor, of John Ploo f as a Special Patrolman in the
Police Department of the City of Rochester, Minnesota, for the period, August 7th,
1923, to August 139 192.3, was read, and President Weeks ordered that the same be
laced on file:
A petition of Mrs. •Newman by F.' D . L. Smith, tigent, .and ?Mrs. Clyde
Wright., that a 4 inch water main be laid in First Avenue Northwest .from Fifth Street
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Northwest to Sixth Street Northwest, upon which they agree within 60 days after the
completion of the laying of the said main to connect with and commence the use of the
:said water service, was read, and motion by Newhouse second by Cook carried that the
(. same be referred to the Water Committeee
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The following communication was read, and President Weeks ordered that the
same be placed on file:
i "To the Members of. the Honorable Common Council of the
City of Rochester:
GENTLEIM:
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Inasmuch as your committee duly appointed and working with a like committee
of the Rochester Civic Association has seen fit not to recommend my proposition, I
desire to withdraw it entirely and submit the following:
Firmly believing that my proposition is feasible, reasonable and economical,
also firmly believing that the acceptance of this project will result in the not only
IitLiediate solution but the permanent future requirements as well;
Also that the solving of the water supply immediately and in the one operation
produces .the less essential but nevertheless desireable objects,' to -snit:
First-adequa,te and immediate water supply:
,. Second -swimming pool and bathing beaeha
Thiird- skating rink for,winter sports, and
Fourth -though mentioned last, but by no means'least, an extention of Mayo
Park, the popularity of which will exceed anything ever attempted for our beautiful
city, and believing myself to be of sound mind, though having ,no guidance in this
matter save my own conscience and my Creator, I do herewith 'present for your careful
consideration and hope and trust you may see fit to accept it.
We.will deed all our right, title and interest in the aforesaid premises
forever under the following expressed stipulations, to-o:it.:' Any amount not expressed
in German marks consistent and reasonable that may be determined by youselves with
reasonable consideration for use Such amount tendered to be 'absolutely satisfactory
and final.
Trusting that this offer may meet with your approval and acceptance and
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that thereby we may have a bigger, better and more beautiful appearance to
our many visitors.
Respectfully yours,
Isaac 3oslyn"
The following report of the City Attorney was read, and motion
by Witzke second by Roeder carried that he be rauthorized and directed to
secure the quit claim deeds and certificates of judgment mentioned therein:
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To the Honorable Common Council,
Of the City of Rochetster, Minna
Gentlemen:
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I have the abstract of Lots Nosi twenty six (26), twenty-seven
(27), twenty eight (28) and twenty nine (29) in State Subdivision of School
Section Thirty six (36) Township one hundred seven (107) Range Fourteen
(14) west in the City of Rochester, and I find the abstract shows a good
title but I have no certificates of judgment, which should be obtained
before the matter is finally closed6
I would further say that although the title is good of record,
there should be a quit claim deed from John J. Whitney, and Albert A.
Cl amfet:
Respectfully submitted,
Thomas Fraser,
Dated August 13th, 19230 City Attorney@"
The report of the Street and Alley Committee and the City Attorn-
ey on the acceptance of the quit claim deed of an- 18 foot alley running
north and south across Block 52 in Morse and. Sargent's Addition, which was
on August 6, 1923, laid on the table until August 13, 1923, was brought 'Up
for action, and motion by Witzke second by Cook carried that the recommends
Lion be referred to the City Attorney for his ruling upon the advisability
of the acceptance of the said quit claim deedw
The 'report of cost, made by the Superintendent of the Water
Department, for the Seventh 'Street Southeast water main from Eighth Avenue
Southeast to Eleventh Avenue Southeast, which was r6h August 6, -1923, laid
on the table until August 13, 1923, was brought up for action, and motion
by Cook second by Witzke carried that they said report of cost be accepted
and placed on file, all voting in favor thereof a-tcept Alderman Newhouse
who vested, "Nay" o t
The following report of the Street and Alley Committee was read,
and motion by Cook second by F:itzman carried that the same be referred to.
the City Attorney with instructions that hie take action to restrain L.
Van Tassel from aTlowin-g toe water from his jitney bus wash rack to floe
onto the
alley running
east
and west
across
Block 4
in Head and McMahon's
Addition
and onto the
alley
between
Block 4
in Head
and McMahon's Addition
and Block 4 in Original Plat: r
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"Rochester, Vinr_e sot a,
rU gust 13th, 1923.
Honorable Mayor and Common rouncilp
Gentlemen: t
We, the Street and Alley Committeeand the City Engineer, respectfully report
that we are unable to obtain action in the. matter of the Van Tassel alley, and beg to
suggest that the matter be r1eferred to the City Attorney.
r Respectfully submitted,
STREET AND ALLEY COIA-41TTEE,
By Fred . R . Wit zk e, Chairman.
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C. H. Armstrong, City Engineer:"
The following recommendation of the Street- and Alley Commi :.tee was read, and
motion by Newhouse second by Roeder carried that the same be accepted and placed on
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file, and that the City Engineer be instructed to secure the necessary labor, etc., and
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cause gravel to be placed upon the parts of streets and avenues mentioned therein:
"Rochester, Minne sot a,
August 119 1923,
Honorable Mairor and Common Council,
City of Rochester, Minnesotan
'Gentlemen:
The Street and. Alley Committee recommend that the following streets be
gravelled:.Sixth.Avenue Southwest from Sixth Street to Ninth StreetSouthwest; Ninth
Street Southwest from Sixt4 Avenue to Ninth Avenue Southwest; Ninth Avenue Southwest
from "'inch Street to Eleventh Street Southwest; Seventh Avenue Southeast from Center
Street East to Fourth Street Southeast; Tenth Avenue Southeast from Center Street East
to Fourth Street Southeast.; and Ninth Avenue Southeast- from First to Fourth Street
Southeast.
Respectfully submitted,
STREET AND ALLEY .COMMITTEE,
By Pred, Re Witzke, ' Chairman."
The following recommendations of the Public Grounds Committee were read, and
motion ,by Newhouse second by Cook carried ghat the same be accented and placed on file,
Lnd that the City Clerk be instructed to request of Roy H. Goodenough and A. Ja
Vlilliamsz that they make payment to Carl W. Nielsen accordingly:
i "Rochester, Minnesota,
August 13th, 1923.
Honorable Mayor and Common Council$
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City of.Rochester, Minnesota.
Gentlemen:
Reporting on matters
which have been
referred
to us relative to
the Comfort
Station, 'we recommend that Roy
H. Goodenough be
required
to pay $2.00 on
the 4p3.00
claim of Carl W, Nielsen fbr hauling ashes, and that A. J. tfilli'ams be required to pay.
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the other dollar; and report that we find the screen doors and sanitary
conditions at the ComfortrStationto be in a satisfactory condition at
this time: +
?respectfully submitted,
r PUELI C GROUNDS . COMMITTEE,
By M. Kitzman, Chairman*
The following recommendation of the City Farm Committee in the
matter of the delinquent 1922 r tax on City Farm property, was read, and
motion by` Cook second by Newhouse carried that the same be accepted and
placed on file,' and that the City Attorney be instructed to appear be-
fore the Board` of County. 'Commissioners with request that this said
$86.37 delinquent ' 1922 tax on City Farm property be abated:
"Rochester, Minnesota,
August 13td, 1923i r
Honorable Mayor and Common Council,
City of Rochester, Minnesotan
Gentlemen: 1
Relative to the W&87 delinquent 1922 tax on City Farm
property, we have to report that we have had a conference with the City
Health Officer on this matter and it is our ;recommendation•that this be
referred to the City Attorney with instructions to appear before the
Board of County Commissioners with request that this tax be abated.
Respectfully submitted$,
CITY FARM COMMITTEE,
By M. Kittman, Chairman" f
Alderman Cook introduced a resolution accepting the sanitary
sewer in parts of Second. Avenue Northwest, Tenth Street Northwest, Ninth
Street Northwest and the alley running north and south across Block 14
in Northern Addition, as being completed according to contract by Wm. i
C. Fraser and Son, Contractors, which was read: .
Upon motion by Cook second by Newhouse, and all voting in
favor thereof; President Meeks declared said resolution duly passed and
adopted.
First and final estimate,' prepared by Charles H. Armstrong,
City Engineer, in` favor of Win. C. Fraser sand Son, for the construction
of a sanitary sewer in parts of Second Avenue Northwest, Tenth Street
Northwest, Ninth Street Northwest and the alley running north and south
across Block 14 in Northern Addition, showing the. sum of $1959.79 as
being due the said contractors, was read, and motion by Newhouse second
by Cook carried that the said estimate be accepted and placed on file.
Alderman Cook introduced a resolution appropriating .31959.79
from the Permanent .Improvement Revolving Fund and ordering payment made
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to Wm. 'IC. Fraser and Son for payment of the above mentioned first and, final estimate,
for the construction of a sanitary sewer in parts of, Second Avenue Northwest, Tenth
Street Northwest, Ninth Street Northwest and the alley rupniAg north and south across
Block 14, Northern Addition,,which was read:
Upon motion by Witzke second by Reeder, and all voting in favor thereof,
President 7-eeks declared said resolution duly passed and adopted.
Alderman Newhouse introduced a resolution fixing 2,olclo*ck P.M. pn�-the 4th
day of September, 1923, as the day for a hearing on, and the levying of special
assessments for the construction of a sanitary sewer- commencing.. at the center of the
intersection of Second Avenue Northwest and Eleventh Street Northwest, thence south
along the center line of Second Avenue Northwest to the center of the intersection of
Second Avenue Northwest and Tenth Street Northwest, thence west along the center line
of Tenth Street Northwest to the center of the intersection of Fourth Avenue Northwest
and Tenth Street Northwest, and commencing at the center of the intersection of Tenth
Street Northwest 4nd the center line of the alley running north and south across Block
Fourteen (14) in Northern Addition, thence south along the center line of said north
and south alley in Block Fourteen (14) to the center of Ninth Street,_Northwest, thence
west along the center line. of Ninth Street Northwest to the center of the intersection '
of Fourth Avenue Northwest and Ninth Street Northwest# , which was. read&
Upon motion by Cook second by Kitzman, and all voting in favor thereof,
.President [leeks declared said resolution duly passed and adopted.
Alderman Roeder introduced a resolution ordering that Fourth Avenue Northwest
from the north line of Fifth Street Northwest to the south line of Sixth Street North-
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rarest, and Twelfth Avenue Southwest from the south line of Seventh Street Southwest to
the north line of Second Street Southwest be sprinkled with water during the period
beginning August 14th, 1923, and ending November 1st, 19239 and instructing the City
Engineer to procure all necessary horses, teams, labor, .etc., for the doing of the
said sprinkling, which was read:
Upon motion by Witzke second by Kitzman, and all voting in favor thereof,
President Weeks declared said resolution duly passed and adopted.
The following claims were read, and motion by Newhouse second by Cook carri-
ed that the same be allowed and that the Mayor and City Clerk be authorized and direct-
ed to draw warrants upon the City Treasurer and make payment accordingly:
From the General Fund: The Tri-State Tele. and Tele. Co , $$51.05; Western
Union Telegraph Co., $19 53; J. A; Pierce, $$.35; The Yellow Cab Company, $24,75; George
Schmelzer, $16,80; A. H. Barber -Goodhue Company, $17e65; Service Motor Company, $$1.05;
Fred R. Witzke, $700; Union National Bank, $$2.00; Northwestern Stamp Works, $$1,05;
Postal `telegraph -Cable Co., $$135; Maass and McAndrew Co., $$2.00; The Tri-State Tele.
and stele. Co., 49.65; S. J. Hauck, $$e85; Wigwam Cafe, $$11125; Charles T. Granger, $$900;
Hawkeye Oil Company, $62635,
From the Street and Alley Fund: Hawkeye Oil Company, $$123.09; New Ulm Stone
Company, $9905; Rochester State Hospital, $26.40.
From the Sewer Fund: Woodhouse Bros., 0 1.154
From the Park Improvement Fund: Maass and McAndrew Company, 04,75; C. N.
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Buu`r, 04:75; Orcutt's Advertising Co,, $6340; Rochester State I#ospit'al,- '
$5e25; George Jensen, , 467; Rochester.'Ice and Fuel Co., $9470; Hawkeye Oil
Company, $187; 0. G. Hanson and Son, $3.05; Minnesota Steel Metal and Roof-
ing Company, $10e25; Sullivan and Marwick, $1:2*64;, Priebe and Fratzke,
$16b95; Hanson Hardware Company, $80i42; J. •C. Thompson Company, $26.90;
The Liddle Hardware, $2.62; R. C. Drips Grocer Co., $5:50; The Tri-State.
Tele• and Tele. bo., $6.75; Midlatid Lumber. and Coal Co., $26.00a
r Votion'by Witzke second'by Newhouse carried that the order author-
izing and directing the City Engineer to secure labor, material, etc., and
replank the bridge on.Broadway Street'.North over the Zumbro River, be can-
celled, and that ' the City Clerk be instructed to close out the account for
the' expenditures thus' farw
Motion by Newhouse second by Cook carried that the City Engineer
be authorized and directed to secure the necessary labor, materialsp etc.,
for the making of test holes for the proposed sewage disposal plant.
Motion by Witzke second by Newhoude carried that the City Engineer
be instructed to place the old Council Chambers table in the City Warehouse
and that the, City ' Clerk be instructed to transfer it from Council Chambers
Equipment to Election Equtipment on his records.
Motion by Newhouse" second by Witzke carried that the Purchasing
Committee be authorized and directed to purchase a gas testing machine:
On motion by Newhouse second by Roeder Council adjourned to
Augu st 27th, 1923, at 8 'O'clock PMi
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City Clerks:
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