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09-04-1923
91 U v Rev. Minutes of a regular meeting of the Common Council of the City of Rochester, Minnesota, held in the Council Chambers, in the City Hall, in said City, on September 4th, 1923, at 2 O'clock P.M. Meeting called to order by President Weeksi w Roll Call: Present: Weeks, Cook, Lemmon, Roeder, Witzke, Absent: Kitzman, Newhouses Motion by Roeder second by Lemmon carried that the minutes of the meeting held on August 2"jth, 19239 be approved• .Alderman Kitzman came in at this time and took his Chair. Dan Macken asked for permission to continue the proposed sidewalk I C T I . ! i • C along the south side of the Public Comfort Station.from the south entrance of the said building along the north line of the City Hall property to a point about twenty feet from the rear Hof the building in which he is located ,and motion .by Lemmon second by Cook carried that such permission be granted, he to pay all costs of the construction of the said -sidewalk, and to remove the same forthwith upon the order of the Common Council of the City of r Rochester, Minnesota. The request of the Standard Oil Company for permit to erect a filling station at the northeast corner of the intersection of Second Street Southwest and Eleventh Avenue Southwest, which was on August 27th, 1923, • laid on the table until September 4th, 19231 at 2 o'clock P.M., was brought up for consideration. ; d remonstrance against the granting of a permit for, or the erection of, said filling station, signed by many residents and property ' owners of the locality concerned, was read, .. Mr. Slater of the Standard Oil Company, asked that the considera- tion of their request be continued until the next meeting of the Common Councils ' Alderman Newhouse came in at this time and took his Chair. ' Mmition by Newhouse second by ;{itzman carried that the request of ;the Standard Oil Company for permit to erect a filling station on the pro - petty at the northeast corner of the intersection of Second Street Southwest and Eleventh Avenue Southwest, be laid on the table until the next meeting of this Common Council, which is to be September IOth, 1923, at b O'clock P.M* Dr. r?. F. Bleifuss, Chief of Police Newsome, Paul N. Priebe and --- W. W. Burge appealed to the Common Council for the passage- of an ordin- ance entirely prohibiting the setting off of fire crackers, fire works, etc, within the City of Rochester, Minnesota. An ordinance prohibiting the setting off of fire crackers, fire works, etc., within the City of Rochester, Minnesota, except between the hours of eleven A.M, and three P.AF, on the Fourth of July, was given its third and final reading. Upon motion by BPitzke second by Lemmon that the said ordinance be 263 not adopted, and all voting in favor thereof# President Weeks declared the said t s ordinance ,not adopted, , • r TA motion by Witgke second ,by Lemmon that the City Attorney ;be instructed to draft an ordinance providing that, no firre icrackers., fire works, etc., shall be set off within the City of Rochester, Minnesota, was, on motion by ,L`emmon `second by Cook, amended-tca- the effect that there be an exception 'in case of ,munielpal celebrations, Aldermen Kitzman and Newhouse voting "Nay" on the motion to amend, and Alderman Newhouse voting "Nay" on the original motion as amendeds A petition that a coiieret'e curb and gutter be constructed on Fifth Avenue Northwest between. the north line of Center Street West and the south line of Second Street Northwest, signed by Mrs. Lenora Desbeins, Mrs. Jane Woods, Peter D * Clemens, M. F. Gaffaney, L. A. Greenwood, C. W. Eastman and George T. Pelz, e4o a .remonstrance against the construction of the, said curb and gutter, signed by 11. A. Lawler, Dan A4acken, Mrs. Mary Kinsella, Emil 0. Ludtke, Curl Pakler, Mrs.. William Y.. Rutz, Frances Halloran, Wh•Y ord Gutzmoen,. bank Dibble, J. P. 9,tellmaker,*-,Mike Hof fman,Will?F-sling, W, F. Healey, Olaf Weiberg, Marie Kelley, T. W._ Riley, A. w. Dieter, J. If* Pennington, and Augusta Podelske, were each separately read, and motion by Cook second by Newhouse carried that the same be referred to the Street and Alley,Committee for investigation and report at the next meeting of this. Common Council. An' additional petition for the construction of a sanitary sewer along Third Avenue Southwest beginning at a point 95,feet south of the south line of Sixth Street Southwest extending to Seventh Street Southwest, also that water mains be laid along said street for the same distance, signed by Mrs. Lucy Kalb,, was read, and President Weeks referred the same to the Sewer Committee. 3 President Neeks announced that this was the time and place fixed for a hear- ing on the levying of special assessments for the cost and expense of 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, and asked if there was any one present who wished to be heard in any matter concerning the said sanitary sewer. There was no person present who wished to be heard. The following report of costs for the cor�struct�ion of the above mentioned sanitary sewer was read, and President Weeks ordered that the same be, placed on file: "September Fourth, Nineteen Twenty -Three. Honorable Mayor and Common Council, ` City of Rochester, Minnesota. Gentlemen: I respectfully report the following as being the costs for the construction of a sanitary sewer commencing at the center of the, intersection of Second Avenue Northwest ar_d Eleventh Street Northwest, thence south along the center line of Second Avenue Northwest td 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 and the center line of the alley running north and south across Block Fourteen (14) in North- ern Addition, thence south along the center line of said north and south alley in Rlock 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, Job 609: 264. 1548 ft. of'8" pike sewer @ 010Q $1548.00 49 pieces 6" on 8 Y's ® $1020 58w80 5 M.H: @ $50400 2500;00 39&76 cus yds. loose rock excavation @ $2a50 per yd. 99e40 15e24 cu. ydse Solid rock excavation @ $7 00 per yd. 106168 Lat or in drilling test holes 8a50 Interest ,@' 6% on $8.50 paid June 150 19239 to September 4, 1923 inclusive, i12 Interest @ 6% on 61959*79 paid August ,14, 1923, to September 4, ,1923, inclusive, $2078,69 Respectfully submitted, A. Fa Wright, City Clerk;" - Alderman Cook introduced a resolution levying special assessments for the cost and expense of the construction of the above described sanit- - ary sewer, which was reade • Upon motion by-Witzke second by Cook, and all voting in favor thereof, President Weeks declared said resolution duly passed and -adopted. ' Motion by Cook second by Newhouse carried that. the sum of $95i&23 be 'appropriated frord the Sewer Fund 'and paid to the Permanent Improvement Revolving Fund for assessment made for sanitary sewer in -Second Avenue Northwest along Cascade Park. 0. C. Ronken appeared in behalf of the Winona Oil Company with request for permission to erect and operate a gasoline service station on the west 78 feet of Lot,13 in Block 1 in East Rochester Addition, and motion by Newhouse second by Roeder carried that the same be referred to r the Street and Alley Committee for investigation and report at the next meeting of this Common Council Irving L. Eckholdt, as Attorney for R: H. Goodenough, asked for definite action on his recent offer to accept $80000 in settlement of Mr. Goodenough's claim for` personal injuries, Lind motion by Lemmon second by Witzke carried that nothing be paid to Mr. Goodenough on his claim for damages, and, that the City Attorney be instructed to defend . the City of Rochester's interest in the matter, Aldermen Kitzman, Lemmon, Roeder and Witzke voting "Are", and Aldermen Cook and Newhouse voting "Nay"* The August, ' 1923, report of the City Weighmaster, Showing fees ; collected in the amount of $16a10, was read, and -President Weeks referred the same to the 'Finance • Committees The August, 1923, report of the City Treasurer, showing the sum of $270,551.68 as being on hand, was read,iand President Weeks ordered that the same be placed on filee The August, 19231, report of the City Engineer, showing expendit- ures from the General Fund for labor in the amount of $968.13, from the ; .Street and Alley Fund in amount of $2452.829 from the Sewer hind in amount of $5,63190,' from the Bridge Fund in +amount of 1p'2700 'and from the Permanent Improvement Revolving IFUnd in amount of q"P'26o50, was read, and President Weeks ordered that` the same be referred to. the Street and Alley Committees I `�65 The August, 1923; report of the Building and Eloctrical•Inspector, showing; building inspection fees collected in the amount of w4940, and (electrical , inspection -fees --cbllecte'd in the amount of 07&509, was react, and, President Weeks ordered that the same be referred to the Knance Committee. The report of the ,Clerk of the Municipal Court, for the week ending August 13, 1923, showing fines collected,in amount of $147,30 and civil fees collected in amount of$3.70; the. report of -the Clerk of the Municipal Court for the week ending August 20, 1923, showing fines collected in amount of $218@00 and civil fees collected in the amount of 2,��0; and the report -of tho- Clerk of the Municipal Court for the week ending August 2'/th, 1923, snowing fines collected in. the amount of "6300.m®, eivi.l.fees. collected in the amount of N060, apd Olmsted County feels. for July, 1923s, collected in ;amount of $41:759 were each, separately read, and President Meeks ordered that the same :be referred to the City Attorneys r This] being the time and place fixed for ad journed and continued action on 5 the bids for the erection of the old Seventh Street Northwest bridge on,Eighth Street Northeast over -the mill race of the Rochester Milling Company, Alderman Newhouse introduced a, resolution acoepting . the bid . of . John J. Kerr, which was read. Motion by Newhouse second by Roeder that said resolution be adopted as read lost by the following vote: Ayes: Kitzman, : Newhouse, Roeder. Nays: Cook, Lemmon, Witzke, Peeks. Motion by Witzke second by Newhouse earried,tbrat all bids -for the erection of the old Seventh Street Northwest bridFge on EYghth Street Northeast over the mill race of the Rochester Milling Company be rejected,, and that' the certified checks which accompanied the said bids be returned to the bidders: Motion by Witzke second by 'Newhouse carried that the City Engineer be auth- orized and directed to secure the necessary labor and materials .and erect the old Seventh Street Northwest bridge on Eighth Street Northeast over the mill race of the Rochester Milling Company, according to the plans, profiles and specifications for the erection of the said bridge now on file in the office of the City Clerk of said City, This.being the time and place fixed for adjourned and continued action on ' the construction of an) extension of the EighthStreet, Northeast, sanitary server under the above mentioned bridge,- motion"by Cook second by Roeder carried that the City Engineer be authorized and -directed to secure the necessary labor and materials and construct an extension of the Eighth Street Northeast sanitary sewer, under the above mentioned Eighth Street Northeast bridge, from a point 33 feet west of the west line of Second Avenue Northeast to a point 175. feet east, according tO the plans, profiles and specifications for said sewer now on file in the office of the City Clerk of said City. The reports of the �Ulk Inspector far' the weeks ending July 28th, August 4th, August llth, August 18th, and August 25th, 19239 were each separately read., and were considered by the Common Council, at which motion by Witzke second by Cook carried that the City Clerk be instructed to return the above mentioned reports and notify the s1 Milk Inspector that this Common Council formally adopts the form of report which is 266 now -'being used by him, and intend to require that alb. data, called for by. this form shall be shown on each reportw r The appointments, ,by the Mayor,, of. John Ploof e.s Special Pati-ol- r►ean in the Police Department ,of the City of Rochester, Minnesota, for the periods, August 28th, 1923, to September 3M, 19239 inclusive, and Sept- ember 4th, 1923, to September 10, 1923, inclusive, were, each separately read, and President Weeks ordered that the same be placed on file* The application of the J. C. Penny Company - for permit to place and maintain a sign on.. the building 'known as 7-9-11 Second Street .Southeast, and of the Central Auto Company for permit* to -place and maintain a sign. on .the building known as 112 Center Street East,,_ were each separately read, 'and. motion by Newhouse second by Roeder, car'tied that the ' same -be referred to the Street and Alley Committee. Reports, made by the Chairman of the Finance Committee,.. to the effect that c,he July and August, 19239 reports of the City Vveighmaster, and the July and AuLnxst, 19239 reports of the Building and Electrical Inspector had each been examined and found correct!, were each 'separately read, and President Weeks ordered that the said reports be placed on file$ Lotion by Lemmon ,second by .Cook carried that the above mentioned reports of the City Weighmaster and the Building and Electrical Inspector . be each accepted 'and placed on files, r The report of the Street and Alley Committee, to the effect that they had checked the August, 1923,, report of the City Engineer , and found same to be correct, was read, and motion by Lemmon second by Cook carried that the said report of the Street and Alley Committee be accepted and placed' on file, and that the said report of the City Engineer be accepted and pl dc; ed on file. The following report of the Street and -Alley Committee. rwas read, and motion by Cook second by Newhouse carried that the -same be accepted and placed on file, and that the City Engineer be instructed to secure the necessary labor,material's, etc., and gravel the described part of Tenth Avenue Southeast and Sixth Street Southeast: r "Ro ehast er, Minnesota, September 1, 1923 Fonorable Mayor and Common. Councilf GeAtl emen: We have examined Tenth Avenue Southeast from Fourth to Sixth Streets, and Sixth Street Southeast from Eighth to Tenth Avenues, and recommend that they be gravelled: Respectfully submitted, STREET AND ALLEY COMMITTEE, By Fred R. Witzke, Chairman C. H. Armstrong, City Engineer: a 261 The following communication was read, and President Weeks ordered that the same be placed on files "ELECTRIC LIGHT AND WATER DEPARTMENT Rochester,' Minnesota, August 30th, 19239 :The Mayor and the Hon. Common Council, City of .Rochester, Minn., .Gent leme�n: - At a 'meeting of the ,Public Utility.' Board, held, on 'this .date, the, following resolution was adopted - a it-. and it is hereby tresolved that -the contract -for the excavating and refilling of 3700 feet of water -main ditch, as per specifications submitted by the Superint,endemt,, be. awwr'ded, to Wm. C. Fraser at a price o'i;.50 per foot plus 4•2.50 per ft. Yde of loose rock and 10100 er Cu. Yd.'of solid rock excav- acing, end that; the ion. Common Council be asked ,for permission to outer into contract accordingly-of I he bid, of Wpe C. Fraser, was the only one received and it was therein stipulated that home labor would be employed. Respectfully submitted, r Public Utility Board, AJL r A. J. Lent fer- Se crA!lary." Alderman Newhouse introduced the following resolution which was -read: WHEREAS-, the Public Utility Board of the 'City of Rochester,' Minnesota;, has made request that said. Board be authorized to enter into contract with Ift. C. Fraser and Son for the excavating and back filling for the laying of water mains which are proposed to be laid in parts of Ninth Street Northwest, Tenth Street Northwest, Fourth Avenue Northwest, Fifth Avenue Southeast, Eighth Avenue South- east, Seventh Avenue Sputhwes� and Broadway Street South, and this Common Council having considered the 'bid of Wm. C. Fraser and Son, and all other matters relative to the. making of the- said contract, NOW, THEREFORE, Be it resolved by the Common: Council 'of' the City of Rochester, Mi r_ne sot a, That the -said Public Utility Board be authorized to enter into contract with Wm. C. Fraser and Son for the excavating and back filling for the laying- of water mains, in the following described parts of streets and avenues at a price of 50 cents per foot, plus 2.50 per cubic yard for the excavation of loose rock and yr7.00 per cubic yard for the excavation bf Bol:i-d rock, with the provision that home labor be employed by the said contractor: Ninth Street Northwest from Second Avenue to Fourth Avenue - 450 feet. 'Tenth Street Northwest from Sbcond Avenue to Fourth Avenue - 500 feet. Fourth Avenue Northwest from Tenth Street North-200 feet. Fifth Avenue Southeast from Sixth Street to Seventh Street - 300 ft. EigA' th Avenue Southeast from Center Street to Fourth Street - 1500 ft. Seventh Avenue Southwest from Seventh Street to Eighth Street - 450 ft. Broadway back of Fire Station from Hydrant to City Warehouse - 300 ft. The amount of the bond to be given by the said contractor is hereby fixed at the sum of $4500.00. The motion of Newhouse second by Roeder thatsaid resolution be adopted as read carried by the following vote, at which President Weeks declared the said resolu- tion duly passed and. adopted: Ayes:. Lemmon, Newhouse, Roeder, Weeks. Nays: Cook, Kitzman, Witzke An ordinance providing for the regulation and control of the Market Grounds An the City of Rochester, Minnesota, was given its second reading. Motion by :Vitzke second by Newhouse 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 accordingly. , Upon motion by Cook second by Newhouse that the said ordinance be adopted as Y I i ; 9,6 8- read., and all voting in favor thereof, President Weeks declared said ordinance duly passed and adopted.. The following claims were read, and motion by Lemmon second by Newhouse 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: t From the General Fund: Electric Blue Print Company, $i92; The i Blakely Printing Company. $6400; S. J. Hauck, $52150; Miller -Davis Co., $3.47; Carl W. Nielsen, '$5700; E. C. Jorgenson, $4e52; John Ploof, $329%64; ;W. E. -Haber, $18.06; Walter N. Newsome, 5040; -Alderson Bros.;, ,710; Star Laundry,. $il5; Rochester Mectri,c Company, 610@08; H. and H. Electric Co., '$3.10; J. C. Kiefer, *48; Hanson Hardware Compedly; $140'; H. S. Adams, $8.45; The Liddle Hardware, $1475; West and Postier Go 30; Standard Oil Co., $105.35; F. J. Lehner, $5475. From the Street and Alley Fund: West and Posti er. Co., 0.30; Standard Oil Company, $125 51Y Contractors Supply and Equipuent Co., �21.94 ; �C. G. W. R.. R. Co., 6.52; Ellis Machine and Auto Co., 0433; Sawinski Auto Repair, $1.50; F. J. Lehner,31.25; Dodge Lumber ,and Fuel Co., xP19.84. From the Sewer Fund: F. J. Lehner, $2 25; Hanson Hardware Co., $53-75. t t i From the Bridge Fund: F. J. Lehner, 314256 From the Park Improvement blond: Fordham Electric Co., $18,iO; R. Co Drips Grocer Co., $5i44; Dodge Lumber and Fuel Co., 199*46; Priebe gild bratzke, $24*33; The Rochester Electric Co., 044.37; Hawkeye' Oil Co.9 .c1.^ The claiin of the Fo -rdham Electric CoTaany for a 12" oscillating fan furnished for the Policewoman's office.;i.in amount of 030 00, was reed, I and motion by Witzke second by Cook carried that the same be referred to I the Finance Committee for investigations _ Motion by Witzke second by Newhouse carried that the matter of { 'the Purity Bread Company peddling bread within the City of Rochester, 1 'Minnesota, be referred to the City Attorney fbr his ruling as to whether :or not they can be required to take out a license. jAlderman Newhouse introduced a resolution levying special assessments for cleaning o, privy vaults and removing filthy material and rubbish,. which was read. Upon motion by temmon second by Cook, and all voting in favor thereof, President Weeks declared said resolution duly passed and adopted. President N+eeks at this time excused Alderman Newhouse who left the Council Members* Motion by Witzke second by Lemmon carried that the Police ,Committee be ;authorized.to purchase six "saps" .cuffs for use in the Police Department. I. if I' and three pairs of hand- i i I `469 Motion by Cook second by Witzke carried that the City Engineer be authorized and directed`to secure the necessary labor and materials to cut over the Eleventh Avenue Northwest and Southwest sanitary' sewer into the,Northwest disti-ict trunk line sanitary sewer at the intersection of Eleventh Avenue Northwest and Second Street Northwest6 Motion by Cook second by Witzke carried that the matter of the delay in the grading of Ninth Avenue Northwest between the north line of First Street Northwest and the south line of Second Street Northwest be referred to the Street and Alley Committee "or recommendations at the next meeting of this Common Council: Motion by Witzke second by Roeder carried that the City Engineer be.authorized and directed to purchase one carload of 3 inch creosoted wood blocks' Motion by Lemmon second by Witzke carried that' the City Engineer be author- ized. and directed to purchase 20 barrels of brick paving filler. Motion by v itzke second by Kitzman carried that the matter of the installa- tion of a street light at the intersection of Third Street Northeast and Thirteenth Avenue Northeast be referred to the Lighting Committeeb The following report of the Chairman of the Sewer Committee was read, and motion by Lemmon second by Cook carried that the same be accepted and placed on file, all voting in favor thereof, except Alderman Witzke who voted "Nay"i °Rochester, Minnesota, Hon. Mayor and Common Councils, City of Rochester, Minnesota: Gentlemen: September 4th, 1923, The Chairman of the -Sewer Committee reports favorably on the construction of a sanitary' sewer in Third Aveme Southwest beginning 95 feet south of the south line of Sixth Street Southwest and.extending south and southwest to the Sewage Lifts Respectfully submitted, John J: Cook, Chairman, SEWER COMMITTEE". On motion by Cook second by Lemmon Council adjourned to September 10, 19239 at © o'clock P.M' City Cl erke