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HomeMy WebLinkAbout09-24-1923282 r Minutes of an adjourned regular meeting of the Common Council of the City of Rochester, Minnesota, held in the Council Chambers, in the City Hall, in said. City, on September 24th, 1923, at 8 o'clock P.M. Veeting called to order by President rWeeks. Roll Call: Present: Peeks, Cook, Kitzman, Lemmon, Roeder, Witzke. Absent: Newhousei 'Motion by -Roeder second by' Lemmon carried that the minutes of the meetings held on September 101, 1923, and September 19, -1923, be each approv- edi President Weeks announced that this was the time and place fixed r for a hearing on the proposed construction of a sanitary sewer commencing at a point in the center of Third Avenue Southwest 93 feet south of the south line of Sixth street Southwest and running south ` along the center line of Third Avenue. Southwest 197 feet, thence southwesterly to a point 37 feet east and 45 feet south of the southeast corner of the intersection of Fourth Avenue Southwest and Seventh street Southwest, and asked -if there was any person present who wished to be heard in any matter concerning said. sanitary sewer. Mrs. Jo P. McGovern, for Mrs. Sabina Kalb, and I-drs: Mattie Mattson opposed the construction of the said sanitary sewer, while S. 0. Sanderson.and Oscar Hjerling favored it. Alderman Newhouse came in at this time and took his Chair. Alderman Cook introduced! a resolution ordering the construction r of the above described sanitary sewer and' directing the City Engineer to r. I - prepare an( -I. file in the office. of the City Clerk `detailed plans, profiles and specifications for the said improvement, and make and report to said Common Council an estimate of the cost and expense of said improvement, which was .reado ` A motion by Cook second by Lemmon that the said .resolution be adopted as r. ead,lost by the following vote; Ayes: Cook, Lemmon, Newhouse. Nays: Kitzman, Roeder, Witzke; President Weeks not voting and ruling the motion lost because of the fact that five=sevenths did not vote in favor of its adoption. L. Van Tassel asked that the City of Rofchester build* the proposed sewer in the alley running east and west across Block 4 in Head and Me Mahon's Addition and the alley running north and south between Block 4 in Original Plat and Block 4 in Head and McMahon's Addition, and motion by Lemmon second by Cook carried that the City Engineer be instructed to secure the necessary labor, materials, etc., and ,cause the said sewer to be constructed, and that Mr. Van Tassel. be billed. for the expense: S. 0. Sanderson .asked that the Common Council view the lanes lying southwest of the City of Rochester, Minnesota, which he proposes to annex to said City. Motion by Alderman Witzke that the Chair fix . a date upon which I I 283s' t to view the above mentioned lands,received no second: The application of R. M. Graen, for Company C ,Fifth Infantry, Minnesota National Guard, for permit to hold, give and conduct five public dances in .the Nation- al Guard Armory,, the dates to be September. 29th, 1923, Octlober 69 139 20 and 279 19239 was read. a Alderman Newhouse introduced a resolution granting permit to R. M. Graen, for Company C, Fifth Infantry, Minnesotan National Guard, to hold, give, and conduct five public dances in the National. Guard Armory, the dates .to be September 299 1923, and October 6, 13, 20 and 27, 19c3, and fixing the fee for said five dances at the total sum of $5.00, which was read:= Upon motion by Newhouse second by Roeder, and all voting in favor thereof, President W-eeks declared said resolution duly passed and adopted. Motion by Lemmon second by Newhouse carried that the City Clerk be instruct- ed to request of Drs George J. Anderson, Milk Inspector, and Dr. W. F. Bleifuss, Deputy Health Officer, that they appear before this Common Council at the next meeting there- of, which is to be held on October lst, 1923, at 2 o'clock P.M,, for a conference relative to the data which shall be incorporated in the' weekly repol-ts of the Milk Inspector: ` The application of T. A: Perkins for a bus license was read, and motion by Newhouse second by Cook carried that such license be granted with the provision that said automobile shall not be used in local taxi or jitney service. A petition signed by Mrs. Walter A. Alexander, 0. J. Anderson and Charles Mattson, asking that gravel be placed on Eighth Street Southeast between Eighth Avenue Southeast and Ninth Avenue Southeast, was read, and motion by Newhouse second r by Lemmon carried that the same be referred to the Street and Alley Commmittee. A petition sinned by C. W. Oesterreich, V. 1% Dreaheim, D. T. Patterson, C. IT., Rogers, Mrs. Ii. 11. Per±sons, Mrs: F. G. Phelps, T. H. Pag@, Julius E. Miller, t Caroline Hare, Elmer W. Lyon, James E. Town, H. A. Stewart, V.- McCabe, Elmer W. Hack, 4 Peter Christensen, Henry Knutzen, Nelson Pederson, A. G. Heine, J. Lbntfer, Louis Tomforde and Carl Barlow, asking that gravel be placed on First Street Southeast from Eighth Avenue Southeast to Eleventh Avenue Southeast, was 'read, and motion by Cbok second by Newhouse carried that the same be referred to the Street and Alley Committee. Copy of a notice served by H. L. Sehellin, building Inspector, upon John W. Gardner and William Gardner that withla fifteen days thby shall remove the partially burned building located on outlot 27 and outlot 26 in William, Healy and Cornforth's Addition to the City of Rochester, Minnesota, or that the City of Rochester will be forced to do so and charge it to the property, was read, and motion by Lemmon second by Kitzman carried that the same be placed on file. The follpwing.ruling' was read, and motion by Lemmon second by Newhouse carried that the same be accepted and placed on file: °To the Honorable The .Common Council, Of the City of Rochester. R 4 Gentlemen: The City Ch.ar.ter provides in Sub -division six in section one hundred thre '(103),` page, forty foul► (()' of Specific Powers of the Common Council, 'the t Common Council may fregulate oir prohibit the storage, receipt, transporta- tion, dealing in and use of gunpowder, dry pitch, resin, coal tar, benzine, naptha, gasoline, turpentine, gun cotton, nitroglycerine end any product -thereof, and other combustible or explosive material within the city, or within one mile from the city limits thereo frp ete.' Under this provision, I .think they Council may limit specific territory and make conditional regulations., 'This section is,nnt specific, but the power is pretty broad and it would seem that if it can be prohibited in the whole city, that it could be prohibited in certain sections. Novi, this seems to be -going quite far in limiting the general t rights but believe the Charter attempts to give that power. Respectfully submitted, Those ,Fraser, Dated Sept. 24th,- 19236: City Attorney." The following communication was read, and motion by Lemmon second by Roeder carried that the same be placed on file: To the Honorable Mayor and Common Council of the city of Rochester: The undersigned hereby withdraws.. its application made to the Mayor r and Common Council of Rochester for permission to erect and operate a gaso- line service station on the West Seventy Eight (78) feet of Lot number Thir- teen (13) in Block number One (1) in East Rochester in the city o f Ro chest er, Olmsted County, Minnesota, which application was made and filed with the city clerk on the 4th day of September, A. Do 1923. . , Dated September 20, A, De 1923; '"` Winona Oil Coi By H. D. Clow, Its resident manager." The following communication was read, and motion by Lemmon second by Cook carried that the same be placed on file: r "Ro clie st er, Minnesota., September 24th, 1923. Honorable Mayor and Common Councile r n Gentlemen: r We hereby withdraw our- application for permit to improve the building known as the Garden Theatre Respectfully submitted, Hack and Goetting per G. W. Goettings" The following recommendations of the Water Committee were each separately read, and motion by Cook second by, Newhouse c rri ed that the 2185 same be accepted and placed on file: .t A .i i Honorable Mayor and �. Common Council. I Gentlemen: r "Rochester, Minnesota, September 229 1923. 0 The Water Committee recommends that a water main be laid in Ninth Street 'Northwest from Foupth Avenue to Fifth Avenue Northwest. Respectfully submitted, WATER COMMITTEE, By Wm. G. Roeder, Chairman." "Rochester, Affinne s of a, September 229 1923, Honorable Mayor and Common Council. Gentlemen: The Water Committee recommends that a water main be laid in the boulevard on the east side of First Avenue Northwest, that thirty feet of four inch cast iron pipe be laid in Sixth Street Northwest, and that the line be continued south with Lf inch galvanized pipe to connect with the service pipe now in use at Fifth Street Northeast Respectfully submitted, WATER COMMITTEE, By Wm. G. Roeder, Chairman." The following report was read, and President 'Seeks ordered that the same be placed on file: "Rochester, Minne sot a, September 24, 1923. Ronorabie Mayor and Common Council; Gentlemen r We have examined the building on the corner of Broadway Street South and First Street Southeast, known as the Garden Theatre Building, and find that -the walls on both sides- are very weak, and that the roof is liable to come down at any time, and recommend that the same be condemned° Respectfully submitted, PUBLIC GROUNDS COMMITTEE, By It.' Kitzman, Chairman. FIRE DEPARTMENT `COMMITTEE, By Fred R. Witzke, Chairman. s H. L e Schellin, BUILDING AND ELECTRICAL IYSPECTOR." The following report was read, and President Weeks ordered that the same be placed on file: ` Rochester,, 11-Tinne sot a, September 22, 192.3. I `?86 E I Honorable Mayor and Common Councile, Gentlemen: r � : .We hate examined the application of the Wilber Transfer Company to place a sign on the boulevard at the southeast corner of the . Garden Theatre Building, and recommend that the application be not granted. Respectfully submitted, STREET. AND ALLEY COLVITTEE, By Fred. R. Witzke, Chairman, Motion by Cook second by Kitzman carried that the Wilber Trans- fer Company be given permission to allow the sign to remain on the boule- vard at the southeast corner of the building known as the Garden Theatre until further orders of this Common Council;; President Weeks brought the attention of the Common Council to the matter of the fast driving on Center Street East near the intersection of Eleventh Avenue Northeast and Southeast, and motion by Lemmon second by Cook carried that the City Engineer be instructed to check up on the needs and place sufficient "drive slow" signs to equip all of the street inter- sections at the local schools. r Recommendations of - the Street and Alley Committee that a con- crete curb and gutter be constructed on Fifth Avenue Northwest between the north line of Second Street Northwest and the C.G.W.R.Ratracks; that a concrete 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, and that gravel be placed on the said part of Fifth Avenue North- west; that a concrete curb and gutter' be constructed on Third Avenue Northwest from Center Street ?Test to Fourth Street Northwest, and that gravel be placed on the said part of Third Avenue Northwest; that a con- crete curb and gutter be constructed on Third Avenue Southwest between Third. Street Southwest and Center Street West, and on Third Avenue South- west between Fourth Street Southwest and Sixth Street Southwest, and that gravel be placed on the said parts of Third Avenue Southwest; and that a concrete curb and gutter be constructed on Sixth Avenue Southwest and 'Northwest between First Street .Southwest and Center Street West, and from Center Street West to the C.GoWetrac)Cs,. were :each separately read, and motion by Newhouse, second by Roeder carried that the same be placed on file; all voting in favor thereof except Alderman Witzke who voted "Na/l, The fola.owing report was read, and motion by Newhouse second by Witzke carried that the same be accepted and placed on file: "Rochester, Minnesota, September 24, 1925 Honorable Mayor and Common Council. Gentlemen: In .regard to sign to be hung on the garage known as the Zumbro Auto Company on Center Street East, we wish to report favorably, providing c =I87 they comply with the new ordinance being drafted under the supervision of the Build- ing Inspector: Respect fully submitted, i t STREET - AND ALL L'Y CO?A�RI TTEE, By Iced R. Witzke, Chairman-" The following report was read, anal President Weeks ordered that the same be placed on file: "Rochester, Minnesota, September 24, 1923• Honorable Mayor and Coi- mon Council, Gentlemen: -u In r. egaxd to permit of the ,Winona Oil Company to erect a filling station on the Property at the Southeast corner, of the intersection of Third Avenue Southeast and Fourth Street Southeas t$,. will say, the applicatioft was withdrawn` today, F Respectfully submitted, STREET AND ALLEY COMMITTEE, t ! By Fred R. Wit zke, Chairman. " r Motion by �Alaerman Lemmon that .thsCity Attorney be instructed to do. oper- ate with West Side. residents in theirs legal fight to restrain the Standard Oil Co. from building a gasoline .filling station at the northeast corner of the intersection_ of Eleventh Avenue Southwest and Second Street Southwest, received no seconds The following recommendation was read, and President Weeks ordered that the same be placed on file: !L "Rochester, Minne sot a. Sept ember 24, 1923 , f; Honorable ?Mayor and Common Council. r ? Gentlemen: x� S I have investigated the {natter of grading on Ninth Avenue.Northwest between First Street Northwestc and Second Street Northwests and find that Lo L. Kennedy has hired C. B. Conaty and he will go to work next meek. . Respectfully submitted., i'• ' Fred R. Witzke, Chairman, STREET AND ;1giL4.:,Y CoEiIITTEE. " The following ruling was real, sand Pres�dent leeks ordered that the same be placed on file: r t To the Honorable The Common Coun ci 1, Of the City of Rochester. Gentlemen: I would respectfully -report that the Purity Bread Company is not subject to taxation according to the best facts, which I can obtain, at the present time, considering their present, practice. Respectfully submitted, 988 Thomas Fraser, City Attorney. " The following report,made by the Committee for the investigation of local gas rates, was read, and motion by Newhouse second by Roeder carried, that the same be accepted and placed on file, end that, the City Attorney be instructed to notify the local Gas Company to maintain the rates provided for in their local franchise effective from April, 1, 1923: itTothe Honorable he Common Council, .Of tho City of Rochester: Gentlemen: s The undersigned, your special committee, appointed by the Common Council to tame up the question of gas and gas rates in the City of Rochest- er, after a careful investigation, would report to' your Honorable Body: That the franchise, under which said corporation now furnishes gas to the City of Rochester, is dated June 13th, . 1923, and approved on the same date, and is presumed to' run subject to conditions for thirty years* That the maximum rate allowed by said franchise is contained in this provision: t 'Gas used for illuminating purposes, the sum of two (2) dollars Per thousand cubic feet.,,, and gas used for fuel purposes when controlled by special meter, -the sum of one dollar slid seventy rive ce.LLts (,tir1075) per tnousa4d cubic feet., and consumers- shall,be entitled to a discount of twenty five cents ('�.25) per thousand cubic feet from the foregoing prices, provided payment therefor is made on or before tie, loth day of each month at the office of the Company for gas consumed during the previous month., j That the gas must 'equal in quality to what is known as.eighteen (1&) candle power' . , h end that the same must be what is known as coal gas subject to exceptions under certain circumstancesa i Section 2 of said franchise provides for arbitration but only in contemplating of lowering the rates below the above figures and has a special provision that the rates should not , be higher that is so fixed' but the .rates so fixed stall not exceed the rates fixed by this ordinance', which are the above ratesa Your committee would- respectfully recommend that the said rate be agreed upon for a reasonable length of time, but in no case should higher rates be allowed at that timed i Your committee further respectfully reports that in their opinion the _final statement Punished by the said company. on February 5th, 1923, .rid filed with the present Council, is not sufficiently i-n detail; that they be required to report in detail the price for which their coke was sold and -the number ' of tons; the different prices for which their gas was sold, itemized as gas sales; also the items composing the amount under !residuals'; also items under tMfg. Expense' and that they be made to show the amount which went .for ' mat,eri al' and the amount for ' 1 appr' ; and in brief the rate paid for coal; also a general- statement as to the labor expenses; also an itemized statement showing what was included in the !general expenses'; also in their ?schedule of liabilities and assets'. Respectfully submitted, Thos. Fraser, + Cit'y Attorney. Julius J+ Reiter Fred R. Witzke i J. T . - L emmon n ;Dated September 24th, 1923. John J. Cook Various quotations for insurance on Sinking Fund �irivestment �= 'securities were laid before the Common Council, and motion by Newhouse I a 289 .,, second by Witzke carried that the same be referred to the Finance Committee for con- 1 } sideration and report to this Common Council at the next meeting thereof. Alderman Cook introduced a resolution deeming it expedient and necessary that a sanitary sewer be constructed in Fourth Street Southeast commencing at the intersection of Fourth Street Southeast and Thirteenth Avenue Southeast and. running t" thence east along the center line of Fourth Street Southeast to a point 400 feet east, and fixing a public hearing at 8 o'clock Pali. on October 8, 1923, which was read. Upon motion by Lemmon second by Newhouse, and all voting in favor thereof, i } President Weeks declared said .resolution duly passed and adopted. Motion by Witzke second by rook carried that 11m. E.. Cudmor.e, Chief of the 4 Fire Department be authorized to attend the International Convention of Fire Chiefs = at Richmond,, Virginia,, at the expense of the City of Rochester, Minnesota. Estimate Not 20 prepared by CYiarles H. Armstrong, City Engineer, in favor ; t of Mayes -Lucas and Green, showing the sum of 4777e20 as being due the said contractor for furnishing 268 barrels of Portland cement at200 , was read, and motion by Lemmon second by Cook carried that the said estimate be accepted and placed on file* Alderman Lemmon introduced a resolution appropriating ; ppropriating �'77�62U from the Street and Alley Fund and ordering payment made to Hayes Lucas and Green for i'ttrnish- i ine 263 barrels of Portland- cement, at '492«90 from cars Nos. 22571 and 108312, in accordance with Estimate No. 2, which was read. - ' ; Upon motion by ?Vitzke second by Newhouse, and all voting in favor thereof', President Weeks declared said resolution duly passed and adoptede Alderman Lemmon introduced an ordinance regarding the firing and discharg- ing of fire-cracicers, etc., which was given its first readings; Alderman Newhouse introduced an ordinance amending an ordinance entitled, An ordinance regulating the placing, erecting and maintaining of signs over streets, Walks and public grounds in the City of Rochester, Minne sot a, " which was given its first reading** Motion by Newhouse second by Witzke carried that the rules be suspended, and that the said ordinance be given its second reading, and it was given its second reading accordingly. Aotion by Witzke second by Gook 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 Witzke second by Roeder that the said ordinance be adopted as read, and all voting in favor thereof, President Weeks declared sadd ordinance duly passed and adopted. Alderman Witzke introduced a resolution appropriating $1000.00 from the Bridge Fund for use of the Street and Alley Committee, which was read.. Upon motion by Witzke second by Lemmon, and all voting in favor thereof, President ,'leeks declared said -resolution duly passed and adopted. Alderman Witzke introduced a resolution appropriating g62000.00 from the Street and Alley Fand .for use of. the Street and Alley Committee, which was read.. t t 3 0 Upon motion by Cook second by Roeder, and all voting in favor r thereof, President Weeks declared said resolution duly passed and adopted. Motion by Lemmon second by VIitzke carried that the sum of 4$.80 be appropriated from the General Fund and paid to the Superintendent of Documents, Government Printing Office, Washington, D.Cd for two pamphlets upon the subject of Gas Testing, viz.: Publications C-48 and T-36. The following claims were read, and motion by Lemmon second by Cook carried that the sameTbe 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 Viand: 0. E. McCoy, Constable, 445,75; The Model Laundry, `.1$.60; Weber and Judd Co.,$?_.55; Mabel K1list, Bessie Adams, $1.12`; Mary Keinz, <I$1,12; Geo, Abel, $3.00; 7. S. Nott uo:, $6415; J. P. Spencer, v *60, mom the Street+ and Alley Fund: J. P, Spencer, 24,20; Deader Mercantile Co., :;$17600; Eagle Drug Store,-'4460; C. and N.W.Ry Co., "; 8,56; Rochester State Hospital, 846.20; C. N.tiv.Ry' Co., 08.63, r. From the Fire Protection Fund: C. €� N,W.Ry Co., 1b476; Geo, r Abel, 4'3,00; J. P. bbencer, $.156 From the Bridge Fund: Kalman Steel Company, $531e4� Motion by Witzke`second by Newhouse carried that the City Engineer be authorized 'and directed to r n.. n purchase 30 barrels of Tarvia On motion by Witzke second by Newhouse Council adjourned. r City Clerks r r T • r !.