HomeMy WebLinkAbout08-27-1923Minutes 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,
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on August 27th, 1923, at 8 o'clock PjM.
Meeting called to order by President Weeksi
Roll Call: Present: Weeks, Kitzman,.Lemmon# Roeder, Witzke. Absent: Cook,
Newhouse..
Motion by Witzke second by Roeder carried that the minutes of the meeting
held on August 13th, 19239 be approved.
Alderman Newhouse came in at this time and took his Chairs
A petition asking for.the.constructi-on of a sanitary sewer in Third Avenue
Southwest beginning at a point 75 feet south of the south cline of Sixth Street South -
'west and running south .to Seventh Street Southwest, and that water mains be laid in
said part of Third Avenue.Southwest, signed by Oscar W. Hjeriing, S. 0s, Sanderson,
Johanna Mackey, Ida and Anna J. Hendricks and G. E, Mitchell, was read, and a remon-
strance against the construction of the above,described sanitary sewer, sided by Mrs.
• Mattie Mattson, Mrs. Rroselia Eaton and Sabina _Kalb, was,readi Mrs. John P. McGovern
re resentih the.. intere.sts�:of Mrs. Sabina Kalb p g_ _ , opposed the construction of the above
described sanitary sewer. r
Motion .by Roeder second by Lemmon carried that the above mentioned petition
and remonstrance be referred to the Sewer..Committee.
In connection with the condition in the alley running east and west through
Block 4 in Head, and McMahon's Addition and. the north and south alley between Block 4
;. in Head and-McMahon's Addition and Block 4- in Original Plat, W. F. Caustin agreed to
grade the sprid north and south alley without cost if grade' lines were furnished to him,
and if a sidewalk grate be installed at the end of said alley on the north side of
Sixth Street. Southwest, and L. Van Tassel agreed to construct a surface drainage sewer
to take care of the water from his jitney wash rack provided that said alley is graded.
Motion by Witzke second by, Roeder 'carried that the City Engineer be instruct-
ed to provide grade lines for the above mentioned grading and surface drainage sewer,
and a sidewalk grate for the intersection of the, above mentioned North and South alley
with Sixth Street Southwest, and that W. F. Caustin be given permission to grade the
said North and South alley, and that L. Van Tassel ba: given permission to construct
the above mentioned surfacb drainage sewer.
The request of the Standard Oil Company for a filling station permit on the
property at the northeast corner of Second Street Southwest and Eleventh Avenue South-
west, which on August 13th, 1923, was laid on the table until Alderman Lemmon's return,
was brought up for actions
Alderman Lemmon moved that this permission be not granted but his motion
received no second.
Motion by Newhouse second by Roeder carried that the request of the Standard
Oil Company for a filling station permit on the property at the northeast corner of
Second Street Southwest and Eleventh Avenue Southwest, be laid on the _table until
September 4th, 1923, at 2 o'clock P.M.
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Firs Chief Cudmore reported that the clock ' on the Central Fire
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Station is out of orders and motion by Lemmon-second by Roeder carried
that the matter be referred to the Publio Grounds Committee with power to
act.
Motion -by Newhouse second by Rodder carried that the Chair appoint
a Committee for the investigation of local fire insurance rates and class-
i fi cations, ai'l,1. the Chair accordingly tappointed ' the Mayor, the Fire Chief,
and the City Attorney as members of the said Committee. '
-This being the time and place fixed, for adjourned and continued
action on the bids for the erection of the old Seventh Street Northwest
bridge over'the mill race of the Rochester Milling Company on Eighth Street
Northeast, the same were brought up for action, and Alderman Newhouse
introduced arresolution accepting the bid -of John J. Kerr.
Upon motion by Newhouse second by Kitzman that said resolution
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be adopted as read and roll call, Aldermen Kitzman, Newhouse and Roeddr
voted "Aye%- and -Aldermen Lemmon and Witzke voted "Ifay", at which President
`Weeks declared the resolution not adopted due 'to the fact that a majority
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of all the members of the Common Council did not voter in favor.
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Motion by Newhouse second by Lemmon carried that action on the \
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bids for the erection of the old Seventh Street Northwest bridge over the
mill race of the Rochester Milling Company on Eighth Street Northeast be
adjourned and continued to September 4th, 1923, at'2 o'clock P.M*
This being the time and place fixed for adjourned and continued
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action on the extension of the Eighth Street Northeast sanitary sewer,under
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the proposed Eighth Street Northeast bridge, -from a point 33 feet west of
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the west line of Second Avenue Northeast to a point 175- feet east, motion
by Newhouse second by Kitzman carried that action. be,adjourned and continu-
ed to September 4th, 1923, at 2 o'clock P.M4
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Reports of the,Milk Ins eeter for the weeks ending Jul 28 1 2
p g y , 9 3j,
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August 4, 19239 and August ll,,:1923, were, each separately .read, and motion
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by Lemmon second by Witzke carried that said reports be returned to the
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Milk Inspector for completion in that he did not show the scores of the
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various dairies inspected during those periods,. etci.
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The application of the Red Top Cab and Transfer Company for a
taxi license was read, and motion by Newhouse second by Kitzman. carried
that license be granted+
The application of Re M., Graen, for r4mpany C 5th Infantry Minn-
esota National Guard, for permit to hold, give and conduct public dances
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in the National Guard Armory on September 1st, 8th and 15th, 1923s was read,
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Alderman Lemmon introduced a resolution granting permit to R-94
uGraen,
for Company C, 5th .Infantry, Minnesota National Guard, to hold, give
and conduct public dances in the National Guard Armory on September 1st,
8th and 15th, 19239 and fixing the fee for the said three dances at the sum of
s `.
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3.009 which was,.readji
Upon motion by Newhouse second by Roeder., and, all voting in favor thereof,
President Weeks declared said resolution duly passed and adopted.
The appointment,. by the Mayor, of Henry Kiester, Frank Stoppel, Will Dietar,
Bert Dieter, George Schmelzer, Mrs. S. Bowron, C. Jorgensen, W. E'. Haber, Pat Lynaugh,
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and Elmer Olson, as Special Patrolmen in the Police Department of said City,, for the
period August 21st, 1923, to August.24t')i, 1923, inclusive, was read, and President
Weeks.ordered that the said appointment be placed on files
The appointments, by the Mayor, of John Ploof, as a Special Patrolman in
the Police Department of said. City, for the. periods August 14th, 1923, to August 20th,
1923, inclusive, and August 21st, 1923, to August 27th, 1923, incl.usive$, were each
separately read, and President weeks ordered that the same be placed on files
The report of the Division of Sanitation of the State Board of Health,
coveri,hg investigation of the water supply of the City of Rochester, Minnesota, made
under date of July 24, 1923, showing in conclusion that the :local water supply is
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considered safe for public consumption with the usual reservations, was read, and
President Weeks ordered that the same,be placed on files
A petition that Tenth Avenue Southeast between Fourth Street Southeast and
Sixth :Street Southeast be gravelled, signed by Carl E: Thomas, R. II. Leiferman, M.W.
Alexander, gtto Bartels, Robert P. Pfeifer, Fred W. Molzahn, John H• Berghammer, Ben
Thompson, W. A. Eastlick amd Frank L. Carr, was read, and motion by Newhouse second
by Lemmon parried that the same be referred to the Street and Alley Committee and the
City,Engineers
The following communication was read, and motion by Lemmon second by Newhouse
carried that the sdme be placed on filer
4To .the Honorable Mayor and Common Council and
Utility Board of the City of Rochester:
Gentlemen:
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Deeming it essential, aye, imperative, that :immediate steps be taken now
!-,hen the weather is favorable and rapid progress can be made, and as the council has
seen fit to postpone or ignore my proposition, I herewith again call your attention to
my previous offer and will attach thereto the following LIMIT:
Your immediate,aetion, one way or the other, is,not only requested but
herewith demanded no later than Monday, August 19th, 1923,` at twelve 'o I clock noon,
otherwise my offer to be considered null and void.
FURTHER MORE TAKE NOTICE,. I demand the removal of flash boards on your dam
at the water-works'or in°lieu thereof, the payment of one dollar per day for' flowage
from date of last payment to the present and forever after, so long as practice is
continued.
I have .requested you gentlemen to investigate my proposition, (theory) , I
understand some are pleased to call it, but none of you save the mayor and alderman
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of second precinct, first ward have seen fit to do so.
THEREFORE, I propose to make the following test and demonstration of
dependability, reliability, adequacy and absolute purity: As Vnecessity-
knows no law' ; likewise, fnecessity is the mother of.'inventiontii
This proposition of mine gentlemen, is the sure and absolute
solution of the water problem, and I wish to go on record right here with
the following demonstration, = the expense of which I will pay myself, if I
fail to to prove. Tlie city to pay such expenses if such test proves success-
fulo We will drive 'four, or more, if you please, well points anywhere you
may elect on my premises, except at east end where presence of stone prevent.
In close proximity or varying distances apart. The points so driven to be
at various depths from` .fifteen (15) to twenty (20) feet in the water bearing
sands•t When installed ewe will work thetse pumps continuously and without
cessation for twenty four (24) hours, (or more if you so desire), by six
(6) hour shifts, yourselves to select a task master to see that all is i
` faithfully performed. This demonstration and test to be staged no later
than the week following the closing of our local fairu
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Respectfully yours,
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Dated, Aur?ust 18th, 1923, Isaac Joslyn, "
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The application of Fred R. Witzke, as President of the Rochester
j Trades and Labor Assembly, for permit to hold, give and cond.0 ct ' a public
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on September 3, 1923, was read:
dance in the National Guard Armory E
Alderman Newhouse introduced a resolution,granting permit to Fred
i R. Witzke, as President of the Rochester Trades and Labor Assembly, to hold,
give and. conduct a public dance in the National Guard Armory on September 3,
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19231 and fixing t-he�. fee at the, sum of $1*009 which was read. !
Upon motion by Newhouse second by Lemmon, and all voting in favor
thereof, President Weeks declared said resolution duly passed and adopted.
The following copies of resolutions passed and adopted by the
Commissioners of the Sinking Fund were each separately reads. and motion by
"Witzke second by Kitzman-earrited that the -action set forth therein be
approved and than each of the said copies be placed on file:
3` Be it resolved by the Commissioners.of the Sinking Fund of the
It City of Rochester, Minnesota:
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That the sum. of $64 67 be and the said sum is hereby appropriated
from the Sinking Fund off'said City and paid to Gates, White and Company, .of
St. Paul, Minnesota, for payment of the balance on the accrued interest due
gat the time of purchase of "24,00000 State of Minnesota five per cent
Soldier's Bonus Bonds which were bought from the said . Company under date of
June 6th, 1923- '
! Passed by the Commissioners of the Sinking Fund of the City of
fl Rochester, Minnesota, this 22nd, day of August, A. D. 1923•
j Julius Je Reiter, j
Mayor of said City.
W. M. Weeks,
I President of Common Council of said City.
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J d T . L emmon,,
Chairman of Finance,. Committee of Common Council
of said City.
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Attest: A. F. Wright,
City Clerk of said City.
(Seal of City of Rochester, Minnesota@)"
" Be it resolved by the Commissioners of the Sinking Fund of the City of
Rochester, Minnesota:
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That the sum of $27p023442 be appropriated from the Sinking Fund of said
City and paid to Gates, White & Company of Saint Paul, Minnesota, $25, 000 ,-00 thereof
being for the principal on the following named bonds, $$19681i75 thereof being for
premiu4i on said bonds, and $341*67 thereof being for accrued interest thereon to the
date of purchase of the said bonds, the said bonds being as follows:
5 City of Rochester, Minnesota, Permanent Improvement Revolving Fund 6�
Bonds of $$1000.00 each, numbered 141 to 145, inclusive, dated April 1, 1921, and
maturing December 1st, 1926;
10 City of Rochester, Minnesota, Permanent Improvement, Revolving Fund 6%
Bonds of $1000.00 each, numbered 221 to 230, inclusive, dated April lst, 19219 and
maturing December 1st, 1929:
10 City of Rochester, Minnesota, Pprmanent Improvement Revolving Fluid 6�o
Bonds of. $$1000s00 each, numbered 241 to 250, inclusive, dated April 1st, 1921, and
maturing December 1st, 1930, each with interest coupons of maturity December 1st, 1923,
and subsequent maturities attached.
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Passed by the Commissioners of the Sinking Hind of the City of Rochester,
Minnesota, this 2.2nd day of Augmst, A. D. 1923+
Julius J. Reiter,
�• Mayor of said City.
W. Me. Weeks,
President of Common .Council of said City.
J. Ts Lemmon
Chairman of Finance Committee of Common
Council of said City.
Attest: A. F. Wri.nht,
City Clerk of said City:
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(Seal of City of Rochester, Minnesota.)"
"Be it resolved by the Commissioners of the Sinking Fund of the City of
Rochester, Minnesot4: r F
That the sum of y$23405.93 be appropriated from the Sinking Fund of said
City and paid to Lane, Piper and Jaffray, Inc., of Minneapolis, Minnesota, 023,000.00
thereof being for principal on the following named Treasury Certificates, $$100663
thereof -being for premium on the said Treasury Certificates, and $$305,630 thereof
being for accrued interest thereon to -the date of the purchase of -,the said Certificat-
es, the said Certificates being as follows:
Three United States 4j% Treasury Certificates of $$1000 00 each, numbered
1703809 170381 and 1703829 dated May 15th, 1923, and ;maturing March 15th, 1927;
Two United States 4 Treasury Certificates of $$10,000.00 each, numbered
26402 and 26403 dated May 15th, 19239 and maturing March 15th, 1927, each of said
Treasury Certificates having all interest coupons attached.
Passed by the Commissioners of the Sinking Fund of the City of Rochester;.
Minnesota, this 22nd day of August, A. D. 1923m,
Julius J. Reiter,
Mqr or of said City.
W. M. Weeks,
President of Common Council of said
City.
J. T. Lemmon,
Chairman of Finance Committee of
Common Council of said City.
Attest: A. F. Wrir,-it,
City Clerk of said City.
(Seal of City of Rochester, Minnesota*) "
Warranty deed, given by Margaret J. Butruff to ithe City of
Rochester, Minnesota, covering lands for right-of-way for the new Broadway
Street North bridge over the Zumbro River, was read, and motion by Newhouse
second by Witzke carried that the said deed be accepted and placed on record..
The claim,made by Saint Marys Hospital totalling $2535.00 for
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Isolation Hospitals services, accompanied the -following -reports each of
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which were read, and motion by Newhouse second `by Kitzman carried that .the
same be referred to the City Attorney for investigation:
r = "HEALTH DEPARTMLNT �
Rochester, Minnesota.
To the Honorable Mayor and Members of the Common Council:
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Referring to the: bill from St, Marys. Hospital for the care of city
p ati ent s with contagious di sea' e, which bill has been .referred to the
health' officer for a statement as to the authority under which the patients
were sent to the hospital, wish to say that the persons listed were seen by
me at the time of their illnes,9 and their removal to a hospital was .consid-
ered necessary for the protection of the public or because of the patient's
financial condition which rendered proper care in the home or boarding
places impossiblea Two, of the influenza patients were not seen by me until
after their arrival at .tjhe •hospital, but their cases were similar to the
others. I an told by the hospital authorities that the bills are not.
collectable because of the fact that the patients are unable to.pay.
The Isolation Hospital at St. Mary's is the only place at present
where contagious diseases may be eared for , outside of private homes, and
for this reason serves a valuable purpose as without this it would be
necessary to operate a municipal hospital# Ml patients, .regardless of
their financial condition, are accepted at -the' above hospital;;
' r Respectfully, r `
W. F. Bleifuss,.
{ Deputy H.O."
Reports of the City Attorney, to the effect that he had checked
the reports of the Clerk of the Municipal Court for the weeks ending July
23, 1923; July= 30, 1923, and August 6, 1923, and found each to be correct,
were each separately read, and motion by Newhouse second by Lemmon carried
ry that each of the said reports, of the City, Attorney be accepted and placed
on file, ' and that each of the said reports of the Clerk of the Municipal
Court be accepted and placed on filer_
Motion by Lemmon second by Newhouse carried that the sum of
$5.00 be appropriated from the General Fund and paid to D. L. Williams,
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Postmaster, for stamps for use of the City Clerk.
Estimate No. 19 prepared by Charles H. Armstrong, City Engineers
in favor o'f Hayes, -Luc as and Green, showing 'the sum of $672.80 as being due
,the said contractor, for -the furnishing of 232 barrels of Portland cement
at $2690 Per barrel, was read, end motionby Lemmon second by Newhouse carried that the
said estimate be accepted and placed on fi�lee ,
Alderman Newhouse introduced a resolution appropriating $672s80 'from the
Street and Alley Fundtand ordering payment made to Hayes -Lucas and Green in payment
of Estimate No. 19 for the Furnishing of 232 barrels of -Portland cement at $2.90 per
barrel, which was reader
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Upon motion by
Newhouse second
by Roeder, and
all voting in favor thereof,
President Weeks declared
said resolution
duly passed and
adopted:
Alderman Kitzman introduced a resolution appropriating $469.73 from the
Sewer Fund and ordering payment made to Wm. C. Fraser and Son for the 5% guarantee with-
held on surface drainage and sanit"arylsewer contracts, $236a40 thereof being for 5%
on Project No. 5 of Northwest and Southwest District Trunk Line -sanitary sewer, Job
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3769 and $233.33 thereof being for said 5% on the surface drainage sewer in Fifteenth
Avenue Southeast, Center Street East, etc., Job 460, which was reads
Upon. motion by Roeder second -by Newhouse, and all voting in favor thereof,
President Weeks declared said resolution duly passed and adopted.
Alderman Lemmon introduced a resolution appropriating '$203.41 from the
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Permanent Improvement Revolving Fund and ordering payment made to 111_m. C. Fraser and
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Son for the 511 guarantee withheld on . sanitary .sewer contract§, $ IQ9a91 thereof being
on Eleventh Avenue Southeast sewer, Job 518, $Q31,25 thereof' being for said
for said 5%
50,4 on Ninth Street Sout_�ieast sewer, Job'517, and $669(i?5 thereof being for said 5% on
Eighth Street Northwest sever, Job 519,, which was read.
Upon motion by Lemmon second by Roeder, and 'all voting'in favor thereof,
President Weeks declared said' resolution duly passed and adopted.
Alderman Vuitzke introduced a resolution appropriating $200040 from the
Street and Alley Fund for use of the Street and Alley Committee, which was read.
.Upon motion by Roeder second by Newhouse, and all voting yin favor thereof,
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President Weeks declared said resolution duly passed and adopted°
Alderman Witzke introduced a resolution appropriating $45540 from the Fire
Protection Fund and ordering payment made to J. N. Johnson Company, Inc., of Minnea-
polis, Minnesota, for 350 feet of 2-2 inch Double Jacket Duplex *'ater Proof Knit Hose
coupled in sections of 50 feet at $G14.30 per foot, with National standard thread, per
invoice of June 2, 1923, which was read:
upon motion by Witzke second by Newhouse, end all voting: in favor thereof,
President Weeks declared said resolution' duly passed and adoptedi -
Profile and abstract of grade line, prepared by Charles He Armstrong, City
Engineer, for an established grade line for that part of, Fourth' Avenue Northwest be-
tween the ognr dine of Center Street West and the C.G.W.R.R,Co6 tracks, were laid
before the Common Council:
Alderman Newhouse introduced the following resolution, gThich, was read:
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Be, it, resolved by the Common. Council of the City of RocYiester, Minnesota:
That the profile and abstract of grade lines, prepared by Charles H.
Armstrong, City Engineer, under date of August 22, 1923s, for that part of Fburth
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Avenue Northwest from the center line of Center Street rWest to the
tracks of the C.G*TiR.R.Compeny, be and -the said profile and abstract
of'grade lines ar'e hereby adopted as� the established grade line for
the above described part of Fourth Avenue Northwestd
' Upon motion by Witrzke second by Newhouse, and all -goting in.
favor thereof, President Weeks declared said resolution duly passed andtr
11 adopted+:
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Plans, profiles, ,specifications and estimate of eost, prepared
by "Charles $. Armstrong City Engineer, for, the. construction of a concrete
curb and gutter on Fourth Avenue.Xor-thwest between the north line of
Center Street West..and toe ,C.G.W.R*Ris Cow tracks, were laid before the
Common Council,;
- Alderman Roeder introduced the following resolution which was
read: ,
WHEREAS, the Common Council of ,the City of Rochester, Minne sot a,
at a meeting held on August 13th, 19230 after due notice given and
hearing had as provided by law, did pass and adopt a resolution order-
ing that a concrete curb and gutter be constructed on Fourth Avenue
Northwest between the north line of Center Street, West and the tracks
of the C.G.W.R.R.Cor, said gutter to be 24 inches wide and said curb-
ing to be 6 inches wide and set to a distance of 30 .feet between the
inside feces, and in. said resolution directed the City Engineer to
prepare and file in the office of the City Clerk of said City detail.
ed plans, profiles and specifications for said concrete curb and
gutter, and to matte and furnish to said Common Council an estimate of
the cost of said concrete curb and gutter; and said City Engineer on
August 22nd, 19239 pursuant to said direction, did file in the office
of said City Clerk, detailed planes, profiles and specifications for the
said. concrete curb and gutter and did report to said Common Council
an estimate of the cost and expense of said concrete curb and gutter;
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THEREFORE, Be it and it is hereby resolved by said Common
Council:
That the plans, profiles and specifications so made and filed
by said City Engineer be and the same are hereby adopted as the
plans, profiles and specifications according to which said concrete
curb and gutter shall be constructed; and that the estimates of the
cost of -the said concrete curb and gutter reported by,said City
Engineer be filed in the office of the City Clerk:
Be it further resolved by said Common Council:
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That the whole .,cost and expense of constructing said concrete
curb and gutter, to -fit: On Fourth Avenue Northwest between the ,
north,.line Hof Center Street West and the tracks of the C.G4W4R.R.Co.,
said gutter to be 24 inches wide and said curbing to be 6 inches wive
and set to a distance of 30 feet between the inside faces, all accord-
ing to the plans and specifications for the''sameton file in the office
of the City Clerk, shall be assessed upon and against each lot, piece
and parcel of land benefitted by the said concrete curb and gutter,
to-wit:.against each and every lot, piece. and parcel of land abutting
upon the said concrete curb and gutter, without regard to cash valua-
tion; ratably and in: proportion to the special benefits conferred by
said concrete curb and gutter, respectively, upon each said lot,
piece and parcel of lands
} Be it further resolved by said Common Council:
That a meeting of said Common Council wily be held at 3
o'clock P.M, on Sept emberr loth, 1923s at the Council Chambers, in
the City Nall, in . said City, at which meeting all persona interested
in the said concrete curb 'and gutter may appear ands be heard before
said Common Couneil,in relation to the said concrete curb anal gutter,
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or to the mode of the assessment for the cost and expense thereof, or any other
matter or objection relating to the said concrete curb and gutter upon which they
may desire to be hearde The City Clerk is hereby ordered and directed to prepare
a list which shall contain a description of each and all of the properties abutting
upon the said concrete curb and gutter above described and the names of the owners
of the said properties so far as the same are known, which list, together with a I
notice of the.time and place of said meeting and hearing above mentioned, he shall
cause to be -published once in the official paper of said City at least ten days
before the date of said meeting and hearing.
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Be it further resolved by said Common Council:
That the City Clerk be and he is hereby ordered and directed to advertise
for bids as provided .by law, for furnishing all materials and doing all work
necessary for the construction of the said concrete curb and gutter above des-
cribed. Said bids Shall be received and opened 'by said Common Council at a
public meeting thereof to be held at a o'clock P.Ms on Peptember loth, 1923, at
the Council Chambers, .in the City Hall, insaid Cityi Ech bid must be accompanied
by a certf. fi ed check for. at least ten per cent of the amount of the bid: The
right is'reserved to reject any and all bids*
Upon motion by Witzke second by Newhouse, and all voting in favor thereof,
President Weeks declared said resolution duly passed and adopted.
Alderman Witzke called attention to the need of street lights, one at the
intersection of Third Street Northwest and Fifth Avenue Northwest; and one at the
intersection of Sixth Avenue Southwest and Eleventh Street Southwest, and motion by
Lemmon second by Newhouse carried that the matter be referred to the Lighting Committee
for investigation.
The following report was read, and motion by Newhouse second by Kitzman
carried that the same be accepted and placed on file:
"To the Honorable Common Council,
Of the City of Rochester, Minna
Gentlemen:
In regard to the application of R. C. Beebe for refundment of building permit
fee, I have looked up the facts thereto and would say thereiis no liability on the part,
of the City calling for refundment, and would advise that the claim be disregarded:
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Dated August . 24th, 19230-
Respectfully submitted,
Thomas Fraser
City Attorney."
The following report was read, and President Weeks ordered that the same be
placed on file:
To the Honorable Common Council,
Of the City of Rochester, Minna,
Gentlemen:
In Re: Stephen`..'R,Willey claim for personal lin-juri,es.
In regard to this claim, I Would iadvise that this party has left. to�vri -and
there f's serious doubtiif there is any liability on the part of the City, and I would
advise that the claim be refused and the matter dropped.
Respectfully submitted,
Dated. August 24th, ly23.
Ed
Thomas Fraser,
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City Attorney."
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` The following report was read, and President Teeks ordered that
the same be placed- on file:
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To the Honorable Common Councils
Of the City.;of Rochester, Minn.
,G ent l em en:
In regard to damages to fire auto truck on, West Second Street, on
or about April 4th, 1Q23, I would respectfully report that this party lives
west of Stewartville, on a farm owned by George Peters;'
As'.fdr as I am able to discover he has no property that could be
reached 'in Coll eotion. ` $e claims that he is not to blame in 'this matter
and has consulted. an attorney in an attempt to bring suit against the City
.o f , Rochester 'for damages« There may have been,- negligence on both. sides,
but my opinion is that a recovery, would be practically Impossible,in. litiga-
` tidn. r
T have been unable to get him to do anything and I doubt whether
a judgment against him would be of -any value as he is not a resident of
this city, and not knowing our laws, as to -right-of-way of fire trucks, he
would be given adv&ntage over all doubt, and I do not think it advisable
to make further effort:
Respectfully submitted,
Thomae Fraser "
City Attorney.
The following report was read, and President Weeks ordered that
.the same be placed on file:
To the Honorable Common Council,
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Of the City of Rochester, Minn:
Gentlemen:
The question of discontinuing the sprinkling or water service in
front of property on certain portions of the 'streets where it is not wished
or requested, as on the east part of Fourth Street in the City of Rochester,
where the question arose, T do not believe in that c"ase the right to make
an assessment on the balance of the property would be affected by discon-
tinuktLon on this portion.
It might raise some complications in making • an adjustment, but
i f handled in a practical -way, T think it could be donei As a rule the
time to decide is at the hearing, but under some conditions, I think the
Council can cease sprinkling a portion of the part left without annulling
the .right to assess the. balance of the property on .the street. It should
not be followed as a practice and each case should. be carefully examined
before doing sor
Respectfully submitted,
Thomas Fuser
Dated August 24th, 1?2City Attorney:"
The following, report. v7as read, and President Peeks ordered that
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the same be placed on file:
To the 7onorable Common Council,
Of the City of Rochester, Minn.
Gentlemen:
In Re: Arthur Mitchell's claim for damages to .automobile.
In regard to this claim, I would advise that there is no liabil-
ity on the, part of the City, and would advise that no offer for settlement on the
part o.f the city be made;
Respectfully submitted,
i
Thomas Fraser,
Dated AuL_-U9t :'lth, City Attorneys"
The following report was read, anO president, Weeks ordered that the same be
placed on file: -
. 1 I
To the Honorable Commcn Council.,
Of the City of 'Rochester, Uinn:
Gentlemen:
In regard unpaid Justice ..Court , fines of C. I -I. ,Ella son, I have investigated
this claim, -from a legal.standpoint and think it is questionable whether the City
Uustice can be forced to pay these fines or note&
I have not sufficient evidence t,o express an, opinion on the facts but mill
trace it somewhat further: I doubt whether it will pay to attempt further to collect.
Respectfully submitted,
Thomas Fraser.
Dated August 27th, 19231 City Attorney."
- The following report was, read, and motion ,by Newhouse second by Kitzman
carried that the. same be accepted and placed on file, and that the City Attorney be
instructed to proceed accordingly:
"Honorable Mayor and. Cc mmon f Council,
City of Rochester r
Gentlemen
We have examined the strip of land offered by lfr.:Otto Reiss to the City for
street purposes and wish to report that the Olmsted County Bank holds a mortgage on
this. land but that the Bank will release this part of the mortgage and recommend that
the City Attorney get the necessary papers to legalize this transactions
Respectfully Submitted,
Fred , R. Witzke
Chairman St. and A. Committee
C. H. Armstrong
City Engineer. it
Motion by ffitzke second by Newhouse carried that the City Attorney be
instructed to have a conference with Miss Anna McMillin relative; to whether or not
she will deed lands for the proposed extension of Eighth Street Northeast&
The report of L. P. Wolff, Consulting Engineer, on light and power rates
for Rochester, Minnesota, was laid before the Common Council, and motion by VIitzke
second by Roeder' carried that the same be accepted and placed on file.
Motion by Lemmonsecond by Witzke carried that the City Attorney be instruct-
. ,.
ed to notify the sureties on the bond of R. H. Goodenough that they will be required
to pay the $240 claim of Carl W.' Nielsen for hauling ashes from. -the Comfort Station.
Continuation certificates on the sign maintenance bonds of the Rochester
Z 258
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Motor Car Company and the Barker Bakery, were each separately read, and
motion by P,Titzke second by Lemmon carried that the some be accepted and
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placed on filed
The following agreement was read:
"HEALTH DEPARTMENT
Rochester, Minne`sot a.
August _27th, 1923.
To the Fonorable Mayor and Common Council,
City of Rochester, Minnesota, 3
Gentlemen:
In consideration of an agreement by the Common Council of said
City of Rochester to pay to the Olmsted County Public Health Association
or the President of said Association, each month beginning September lst,
1923, and continuing for thereafter,.a`sum equal to the present monthly
salary of the Public Healtrh Nurse' of said City and •iri further considera-
tion of the reeeispt by 4te of 'the said monthly salary each and every month
during the present term of my position of Public Health Nurse of said City
of Rochester and providing the said monthly salary is in f4ct received by
me when due, I hereby release the said City of Rochester from any finan-
cial obligation to me , as said Public Health Nurse -subject however to the
above provisions. r
Guiditha Ko S. Spillane R.Ni"
Alderman Witzke introduced the following resolution which was
read:
WHEREAS, . The Federal Government has agreed to .depo sit with the
State Treasurer of Minnesota, the sum of Twelve Hundred r-'i.fty Dollars
($125000) to be disbursed by said State Treasurer in carrying -on
work.,in maternal and child hygiene, within.. the County of Olmsted and
City of Rochester, in partrpayment of the salary of the public health
nurse assigned to such work, provided the City of Rochester will de-
posit an equal amount with said State Treasurer to be likewise dis-
bursed w-ith said Federal funds for carrying on said work within said
City of Fochester; and
WHEREAS, The City of Rochester is not authorized under the Law,
to advance said money ,in the first instance and deposit the same ,in
the State Treasury, but is authorized to reimburse an agency or per. -
son depositing said money for earryingr on said work after said funds
shall have been. expended in payment of said salary of public health
nurse, engaged in said maternal and child hygiene N:ork, from month
to month,. as said expenditures shall be made; and
WHEREAS, The Olmsted County Public Health Association operating
in Rochester is willirng and has agreed to, advance and pay over to the
State Treasurer of Minnesota, said sum of Twelve Hundred Fifty
Dollars ($1250a00), in order to insure the carrying on of ,said work
59
in said City of Rochester, during the fiscal year beginning September 1st, 19239,
and terminating. July lst, 1924, provided, that the City of Rochester will agree to
reimburse said Olmsted County Public Health Association the amount thereof that
shall be paid for carrying on said work in said City 'of Rochester, monthly.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester, ;
Minnesota:
That ,the City of Rochester hereby agrees and pledges to the Olmsted County
Public ;Health. Association that it will ,from month to month deposit and allow the
itemized -verified bill of the Olmsted County Public Health Association for the
amount expended each month, in carrying on said maternal and child hygiene wont
in said City of Rochester, out of said funds so deposited in the State Treasury,
to meet the Federal Aid, likewise deposited in the ,,State Treasury for carrying on
i
said work in the City of Rochester, it being understood that said monthly dis-
bursement shall be One Hundred Twenty eve .Dollars ($125.00) monthly for a period i
of ten months beginning with the month of September 1923,
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Upon motion by Witzke second by Lemmon, and -all voting in favor thereof, r
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President Meeks declared said resolution duly passed and adopted.
Motion
by LeImmon second
by Roeder
carried that 0. E.
McCoy,
City
Weighmaster
and Custodian of
the City Hail be
granted a
vacation with pay
of ten
days,
commencing
i
September 3, 19236
e .' . _ r
Alderman Witzke introduced the following resolution which was read:
WHEREAS, the State Highway Commission of the State of Minnesota has offered
to build and construct a six foot sidewalk on each, side of their proposed bridge
on Trunk Highway No. 59, over the Zumbro River in the City of Rochester, in
accordance with plans and specifications therefor on file in theofficeof the
Commissioner of Highways,
which plans
and
specifications provide fbr
a six foot
side-
walk to be built on each
side of the
said
bridge to be built on North
Broadway.
The
said extra cost for constructing said sid6walks to be charged to the City of
Rochester, provided that the said amount shall not exceed 061,000.00, and,
WHEREAS9 the said Highway Commission have tendered a contract and agreement i.
providing for and setting out the terms of said agreement.
THEREFORE, be it resolved by the Common Council of the City of Rochester,
Minnesota:
That the City enter into said contract for the building of said sidewalks
according to the statute with the said State Highway Commission.
NOWO THEREFORE, the said Mayor and the City Clerk are hereby authorized and
directed to enter into said contract with said Highway Commission for the con-
struction of said six foot sidewalk on each side of said bridge on Trunk Highway
No. 591, over the Zumbro River, in the City of Rochester, according to the plans
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and specifications therefor on file in the office of the Commissioner of Highways,
which contract is in the following words and figures, to -wit:
i
"THIS AGREEMENT, made t1jis 27th day of August Nineteen Hundred and Twenty
i
Three, between the State of Minnesota acting by and through its Commissioner of
I
`'60
ti Highways, party of the first part, hereinafter called the Commissioner,
and the City of Rochester acting through its City Council, party of the
second part:
WITNESSETH, that the Commissioner for and in' consideration of the
payment or p %rments hereinafter specified and to be made by the party
j of the second part, hereby covenants and agrees to construct State
Bridge No. 4138, commonly known as Broadway Bridge, located on Trunk
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Highway No 59 over the Zumbro rRiver in the City of Rochester,' -in
P,
iaccordance with the plans and specifications therefor on file in the
office of the Commissioners which plans and specifications are hereby
' made a part of this agreement and provide for a six foot sidewalk to be
built -on each side of the bridge, which would not be necessary to ac-
comodate normal trunk highway traffics
For and in consideration of the completion of said Bridge No.
j4138, including sidewalks, by the Commissionery the party of the second
part does hereby r agree to pay into the Trunk Highway Fund, upon com-
pletion of the construction outlined ire the plans for said bridge, the
actual cost-of•the two sidewalks provided however that the amount to
be paid by the party of the second part shall in no case exceed
�j
06, 000 r00i
The party of the second apart hereby approves the grades shown on
the aforesaid plans and also agrees to provide the necessary right of
wa for the new structure and ap
proaches pproaches theretoe"
Upon motion by Lemmon second by Newhouse, and all voting in favor
thereof, President Weeks declared .said resolution duly passed and adopted..
!-alderman Lemmon introduced an ordinance .amending Section 1 of an
{ ordinance entitled "An ordinance to prohibit. gambling within the corporate
5
' limits of the City of Rochester and to punish same; which, was given its
.first rgaging
Motion by Lemmon second by Newhouse carried that the rules be
suspended and that the said ordinance be given its second .reading, and it
was given its second reading accordingly;
Motion by Witzke second by Roeder carried that the rules be
suspended and that the said ordinance be given its third and final reading,
and it was given its third and final reading accordingly6
Upon motion by Lemmon second by Newhouse that the said ordinance
be adopted as read, and all voting in favor thereof, President Weeks
declared said ordinance -duly passed and adopted.
AldeC11rman Kitzman introduced an ordinance providing for the
-
regulation and control of the Market Grounds of the City of Rochester,
which was given its first readings
The following claims were read, and motion by Newhouse ' second by
Lemmon carried that the same be allowed, and that the Mayor and .City Clerk
be authorized and directed to draw warrants upon the City Treasurer. and
make payment accordingly:
From the General Fund: Thomas DYaser, $$8:00; F. Je Paine Company, $$339.68;
John Ploof, �$94.84; Frcjnk *Stoppel, $ l8 i06; V7. E. Dieter, $$18e06; Pat Lynaugh, ' 18e06;
Elmer Olson, 118*06; Geo Schmelzer, $$1806; Mrs. S. Bowron, $$18e06; B. A. Dieter,
$$18,06; Henry Kiester, $$18 66; Geo. `Schmelzer, $27,65; The Weber and Judd Company,
$ L40; The Bates Manufacturing Co., $$3.34; C.G.W.R.ReCo., $I5.00; A. T+. Wright, ;020;
Miller -Davis Co., $$4.28; C.; Geo. Meredith, 912606; Fred W. Haase, $12.00; Ernest A.
Jensen, Clerk of Court, $li90.
From the Street and Alley Fund: Russell Grader Mfg. Co., $$3.28; Russel
Grader Mfg. Co., v 15.35;" C.& N.W.Ry Co.,$62i26; American Railway Express Co., 0.50;
Ellis Machine and Auto Co., $$76-40vo
From the Fire Protection Fund: Ellis Machine and Auto Co., $$4.80; The Model
Laundry, 331000; Midland Lumber and Coal Co., $2.20.
From the Park Improvement Fund: Public Utility Fund, y$23671; Southern
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Minnesota Gas and Electric Co., ONO6:
Motion by Witzke second by Newhouse carried that the City Engineer be
authorized and directed to purchase a new conveyor belt for Gravel Pit Equipment if
such becomes necessary:
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On motion by Lemmon second by Roeder Council adjourned sine die.
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City Clerk.
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