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10-08-1923
300 Minutes of an adjourned, regular meeting of the Bommon Council of the City of Rochester, Minnesota, held in the Council Chambers, in the. City Hall, in said City, on October ,8th, 1923, at 8 o'clock Pimi Meeting called to order by President Weeks& Roll Call: Present: Weeks, Cook# Kitzman, Lemmon,-Roeder, Witzke. Absent: Newhouse President Wee&e 'afinounced that this was the time and place fixed for 'a' hearing on the proposed construction^ot &'sanitary sewor in Fourth Street Southeast commencing at the center of the intersection of Fourth Street Southeast and Thirteenth Avenue Southeast, and running thence east along the center line of Fourth Street Southeast to a point 400 Feet east, and asked if there was any one present who wished,to be heard,in any matter concerning said proposed sanitary sewer& There was no person present who _,wi *ed to be heard: The,application of Matt Fitzpatrick and Charles Fitzpatrick for permission to place storage tanks and gasoline pumps in the boulevard on the west and north sides;of the property at the southeast corner of the intersection of Third Street Southwest and First Avenue Southwest, was read, and motion by Cook` second by Lemmon carried that the same be referred to the Street and Alley Commi Ltee and the City Engineer: Alderman Newhouse came in at this time and took his Chair6 Mr. Higgins, ro f 'the , Southern Minnesota Gas and Electric Company, was before the Common Council relative to the adjustment of the local gas rates, and motion by Newhouse second by Lemmon carried that the Chair appoint a Committee to go over ,the local gas rate matter thoroughly with the Gas CoInpany and make :report to this Common Council at the meeting to be held on November 5th, J923:. President Weeks accordingly appointed the Mayor, the City Attor- ney and Aldermen Cook, Lemmon and Witzke as members of said Committee. The report of the Clerk of the Municipal. Court for the week end- ing September 17, 1923,.showing fines collected in the amount of $10„00, and civil fees oollected in amount of $6iw35; the report of the Clerk of the Municipal Court for the week ending September 24, 1923, showing fines collected in amount of $139e60 and civil fees collected in amount of $4 25 and the report of the Clerk of the Municipal Court for the week ending October 1, 1923s showing fines collected in amount of $123,:300 and civil fees collected in amount of $12e60, were each separately read, and Presi- dent Weeks ordered that�the same be referred to the City Attorneymi Reports of the Milk Inspector for the weeks ending July 28, August 4, 119 189 251, September 1,,.8, 15, and 22, 1923, were each separate- ly read, and President Weeks ordered that the same be placed on file. The report of the Health Officer for the City Farm for the month 9 i } Jyj Sw }4T� 5 301 1 ' of September, 1923, showing receipts in amount of $301ti88; disbursements in amount ' of $2065:42, .and a balance on hand in amount of $3546.84, was read, and President ' i i Weeks ordered that the same be placed on rile: The applications of Don Emerson for two sight-seeing automobile licenses were each separately read, and motion by Newhouse second by Lemmon carried that the t_ licenses be- granted: j Y The application of Peach Bmsi for permit to place and maintain a sign on the building known as 213� Broadway Street South, was read, and motion by Newhouse second by Kitaman carried that such permit be granted. The application of the Zumbro Auto Company, Incorporated, for permit to j place and maintain a sign on the property known as 112 Center Street East, was read, and motion by Newhouse second by Cook carried that such permit be granted: The application of Henry Bl1 okle to place and maintain a sign on the pro- ' perty known as 21 Second Street Southwest was read, and motion by,Newhouse second by i Lemmon carried that such permit be granted. The application of Daisy Shadduck, as Chair Lady of the Ladies of Columbus, for permit to hold, give and conduct a public dance in the Masonic Hall, on Friday night, October 12th, 19239- was read* �i The application of Catherine Sawyer, Chairman, and M. Van Campen, Treasurer, of the "Girlb' Get Together" for permit to hold I� dive and conduct a public dance in the National Guard Armory on October 26th, 1923, was reads The appointment, by the Mayor, of John Ploof, as Special Patrolman in the Police Department, for the period October 2, 1923, to October 89 1923, was read, and = President Weeks ordered that the same be placed on filei j A report of Harold H. Crawford, Architect, upon his inspection of the heat- ing plant at the public Comfort Station, was read, and motion by Newhouse second by Roeder carried that the same be referred to the Public Grounds Committee with in- } structions to make report to this Common Council at the next meeting thereof.' Alderman Newhouse introduced a resolution granting permit to Catherine Sawyer, Chairman, and -Me Van Campen, Treasurer, of the "Girls' Get Together" to hold, give and conduct �6 public dance in the National Guard Armory on October 26, 19239 and fixing the fee at the sum of $1jj00, which was read6 Upon motion by Lemmon second by Newhouse, and all voting in favor thereof, y President Weeks declared said resolution duly passed arid, adopted. Alderman Newhouse . introduced a resolution granting permit to Daisy Shadduck, Chair Lady of the Ladies. of Columbus, to hold, give and conduct a public dance in the Masonic Hall on October 12, 19239 and fixing the fee at the sum of $400, which was readi Upon motion by Cook second by Roeder, and all voting in favor thereof, President Weeks declared said resolution duly passed and adopted* Reports of the City Attorney, to the; effect that he had checked the reports ! ; ii of the Clerk of the Municipal Court for the weeks ending August 13, 20, and 27, 1923, : �{ s and found- same to -be. correct, were each separately read, and President Weeks ordered that the, said reports of the City Attorney be placed on file, and that the said reports of the Clerk of the Municipal Court be placed on . file@ The report o'f the Finance Committee, to the effect that they had checked the September, 1923, reports of the Building and :Electrical In- spector, was read, and: President Weeks ordered that the said report of the Finance Committee be placed .on file.. and that the said reports of the Building and Electrical ..Inspector be placed` on files The report o'f the Street and Alley Committee, to :the effect that they had checked the September, 1923, . report . of the City Engineer, and found same to be correct, was read,.aAd President Weeks ordered that the said report of the Street and Alley Committee be placed on file, and that the said report of the. City Engineer be placed on fLle. The recommendation of the Street and Alley Committee that the i intersection of First Avenue Northwest and Sixth Street Northwest be sub- graded, and that Sixth; .Street. Northwest. and Northeast be gavelled between Second Avenue Northeast and Fifth Avenue Northwest, was read,.and motion by Newhouse. second by Lemmon carried that the said recommendation be =j accepted and placed on file, and that the City. Engineer be instructed to secure the necessary labor and materials and. sub -grade, the said inter- . section and.. cause gravel to be placed on the said part of Sixth Street Northwest and Northeast. Recommendation of the Street and Alley Committee that gravel be placed upon First Avenue Northeast between Center Street East and Third Street Northeast, Second Avenue Northeast between Center Street East and Second Street Northeast, First Street'Northeast between'Broadway Street North and the Zumbro River, and Second Street Northeast between Broadway it ttreet North and Second Avenue Northeast, was read, and motion by Newhouse second by Cook carried that the said recommendation be accepted and placed on file, and that the City Engineer be instructed to secure the necessary labor and materials and cause gravel to be placed accordingly. The report of the City Clerk that the cost of sprinkling and flushing during the season'of the year 19233, was $9,596124, was submitted I 15 C to the Common Council, and motion by Lemon second by Cook carried that �q ! said report of costs be accepted and placed on files �;. The report of the City Engineer, showing the distribution of the �' above mentioned sprinkling and flushing costs, was read, and motion by' Cook second by Kitsman, carried that the said report of distribution be accepted and placed on-filee I� Motion b Lemmon second b Cook carried that there shall be no y y �1 �i exemptions in making the assessments for the 1923 sprinkling and flushing, j : tthat is, all property abutting streets and avenues which have been sprinkl- 303 ed during the season of the year 1923 shall be assessed according to the benefits receivedi Alderman Lemmon introduced a resolution levying special assessments for the sprinkling of Broadway'Street,North and South from Fourth Street Southwest and South- east to the bridge over the Zumbro River, which was read: Upon motion by Witzke second by Newhouse, and all voting in favor thereof, President Weeks declared said resolution duly passed and adopted. Alderman Newhouse introduced a resolution levying special assessments for the sprinkling of First Avenue Southwest and Northwest from Fifth Street Southwest to ' Sixth Street Northwest, which was'read. Upon motion by Lemmon second by Witzke, and all voting in favor thereof, President Weeks declared said.resolution duly passed and adopted: Alderman Newhouse- introduced a resolution levying special assessments for the sprinkling of Second Avenue Southwest and Northwest from Sixth Street Southwest to Tenth Street Northwest, which was read: Upon motion by` Newhouse se'eond by ...-Cook, and all voting in, favor 'thereof, President'. 'Weeks deolared said res©lution duly psssed and 'adopted. alderman Newhouse Introduced `a resolution levying special assessments for the sprinkling of Third Avenue Southwest and Northwest from Sixth Street Southwest to Third Street Northwest, which was read. Upon motion by Kitzman second by Roeder, and all voting in favor thereof, President Weeks declared said resolution duly passed andadopted. Alderman WItzke 'introduced a resolution levying special assessments for the sprinkling of Fourth Avenue Southwest and Northwest from Seventh Street Southwest to Seventh Street Northwest, which was read. 0 Upon motion by Witzke second by Lemmon, and all voting in favor thereof, President Weeks declared said resolution duly passed and`:. adopted. Alderman Newhouse introduced a resolution levying special assessments for the sprinkling of Fifth Avenue Northwest and Southwest from Fourth Street Northwest to First Street Southwest, which was read. Upon motion by Newhouse second by Roeder, and all voting in favor thereof, President Weeks declared said resolution duly passed and adopted. Alderman Witzke introduced a resolution levying special assessments for the E sprinkling of Fifth Avenue Southwest from Seventh Street`Southwest to Second Street Southwest, which was read. Upon motion by Witzke second by Cook, and all voting in favor thereof, President Weeks declared said resolution duly passed eAd.,adopted. Alderman Witzke introduced a resolution levying special assessments for the sprinkling of Fourth Place Southwest from Second Street Southwest to First Street Southwest, which was read. Upon motion by Roeder second by Lemmon, and all voting in favor thereof, President Weeks declared said resolution duly passed and adopted. 304 { Alderman Witzke introduced a resolution levying special assess- ments for the sprinkling of Sixth Avenue Southwest from Seventh Street Southwest too ' Second Street Southwest, which was read, Upon motion by Lemmon second by Cook, and all voting in favor thereof, President Weeks declared said resolution duly passed and _adopted: ., Alderman Witzke Introduced a resolution levying special assess- ments for the sprinkling of Sixth'Avenue Southwest and Northwest from Second Street Southwest to Third Street Northwest, which was read. Upon motion by Cook second by Newhouse, and all voting in favor r .s thereof, President Weeks declared said -resolution duly.passed and adopted. Alderman Newhouse introduced a resolution levying special assess- ` ments for the sprinkling of Seventh Avenue Southwest from Fourth Street Southwest to Seventh Street Southwest, which was read- i Upon.motionby Roeder second by Witzke, and all voting in favor thereof, President Weeks declared said resolution duly passed and adopted. R ' Alderman Roeder introduced'a.resolution.'levying special assess- ments for the sprinkling of Seventh Avenue Southwest and Northwest from Second Street Southwest to Third Street Northwests :.which was ' ready i Upon motion by Newhouse second by Lemmon, .and. all voting in favo r thereof, President Weeks declared said resolution.duly passed and adopted: Alderman Witzke introduced a resolution levying special assess- ments for the sprinkling of Eighth. Avenue Southwest from Eighth Street Southwest to Third Street Southwest, which was read. s� Upon motion by Lemmon second by Cook, and all voting in favor thereof, President Weeks declared said resolution duly passed and adopted. } Alderman Witzke introduced a resolution levying special assess- ments for the sprinkling of Ninth Avenue Southwest from Fourth Street Southwest to Sixth Street. Southwest, which was read: Upon motion by Roeder second by Newhouse, and all voting in favor thereof, President Weeks declared said resolution"duly passed and adopted. Alderman Newhouse introduced a resolution levying special assess N meats fbr the sprinkling of Tenth Avenue Southwest from Fourth Street Southwest to Eighth Street Southwest, which was read: Upon motion by Roeder second by Witzke, and all voting in favor l;! theredf, President Weeks declared said resolution duly passed and adopted. Alderman Newhouse introduced a resolution levying special assess- ments for the sprinkling of Eleventh Avenue Southwest and Northwest from I Second Street Southwest to Second Street Northwest, which was read. PII Upon motion by Cook second by Lemmon, and all voting in favor i I FI. thereof, President Weeks declared said resolution duly passed and adopted. i!! Alderman Witzke introduoed a resolution levying special assess- . inents for the sprinkling of Fourteenth Avenue Southwest from Second Street 305 Southwest to Sixth Street Southwest, which..was read: Upon motion by Witzke second by Newhouse, and all voting in favor thereof, President Weeks declared said resolution duly passed and adopted. Alderman Witzke introduced a resolution levying special assessments for the sprinkling of First -Avenue Northeast and Southeast • from Second Street Southeast to 2hird Street Northeast, which -was read Upon motion by Roeder second by Newhouse, and -all voting in favor thereof, President Weeks declared said resolution duly passed and adopted. Alderman Roeder introdu ced a resolution levying special assessments for the sprinkling of Second Avenue Northeast and Southeast from Second Street Southeast to Second Street Northeast, which was read: TQpon motion by Lemmon second by Kitzman, and all voting in favor thereof, :I President Weeks declared said resolution duly passed and adopted. Alderman Roeder introduced a resolution levying special assessments for the 1 l sprinkling of Second Avenue SQutheast.from Fourth Street Southeast to Fifth Street Southeast, which was read@ Upon motion by Kitzman second by Newhouse, and all voting in favor thereof, j President Weeks declared said resolution duly passed and adopted:` ' Alderman Roeder introduced a resolution levying special assessments for the sprinkling of Third Avenue. Southeast from FourthStree , Southeast. to Tenth Street i Southeast, which was read.. Upon motion by Lemmon second by Kitzman, and all votilig in favor thereof, 1 President Weeks declared said resolution duly passed and adopted. Alderman Roeder introduced a resolution levying special assessments for the sprinkling of Sixth Avenue'Southeast from Fourth Street Southeast to Center Street ,I East, which was read: I Upon motion by Cook second by Newhouse, and all voting in favor thereof, 1 President Weeks declared said resolution duly passed and adopted° Alderman Roeder introduced a resolution levying special assessments for the sprinkling of Seventh Avenue Southeast and Northeast from Fourth Street South- east to the tracks of the C. & Ni W. Ry Co., which was read. Upon motion by Witzke second by Roeder, and all voting in favor thereof, President Weeks declared said resolution duly passed and adopted. ? l - I Alderman Roeder introduced a resolution levying special assessments for the sprinkling of Eighth Avenue Southeast from Center Street East to Fourth Street Southeast, which was ready Upon motion by Newhouse second by Lemmon, and all voting in favor thereof, President Weeks declared said resolution duly passed and adopted: Alderman Newhouse introduced a resolution levying special assessments for 1,he sprinkling of Eleventh Avenue Southeast from Fourth Street Southeast to Center i Street East, which was ready Upon motion by Kitzman second by Cook, and all voting in favor thereof, President Weeks declared said resolution duly passed and adopted., 306 Alderman Roedef introduced a resolution levying special assess- ments fbr the sprinkling bf Fifteenth Avenue Southeast from Second Street i Southeast to Center Street East, which was read - Upon motion by Cook second by Katzman, and all voting in favor thereof, President Weeks declared said resolution duly passed and adopted. Alderman Lemmon introduced a resolution levying special assess- ments for the sprinkling of Center Street East and West from Sixteenth Avenue Southwest and Northwest to Fifteenth Avenue Southeast and North- east, which was read r Upon motion by Kitzman second by Roeder, and all voting in favor thereof, President Weeks declared said resolution duly passed and adopted Alderman Lemmon introduced a resolution levying special assess- ments for the' sprinkling of First Street Northwest from Broadway Street North to Eleventh Avenue Northwest, which was read: Upon motion,by Newhouse second by Witzke, and all voting in favor thereof, President Weeks declared said resolution duly passed and adopted. Alderman Cook introduced a resolution levying special assess- ments for the sprinkling of Second Street Northwest from Broadway Street North to Eleventh Avenue Northwest, which was read:. A Upon motion by Lemmon second by Newhouse,'and all voting in favor thereof, President Weeks declared said resolution duly passed and adoptedi Alderman Cook (introduced a resolution levying special assess- r ments for the sprinkling .of Third Street Northwest from Broadway Street North to Eighth Avenue Northwest, which was read; Upon motion by Cook second by Lemmon, and all voting in favor thereof, President Weeks declared said resolution duly passed and adopted Alderman Cook introduced a resolution levying special assess- ments fbr the sprinkling of Seventh Street Northwest from Broadway Street North to Fifth Avenue Northwest, which was read: Upon motion,by Newhouse second by Lemmon, and all voting in favor thereof, President Weeks declared said resolution duly passed and ad opted. Alderman Cook introduced a resolution levying special assess- ments fbr the 'sprinklings of Ninth Street Northwest from Broadway Street North to Second Avenue Northwest, which was read: r Upon motion by Kitzman second by Witske, and all voting in favor thereof, President Weeks declared said resolution duly passed and adopted. Alderman Cook introduced a resolution levying special assess- ments fbr the sprinkling of First Street Southwest and First Street South-- r east from Second Avenue Southeast to Sixteenth Avenue Southwest, which I 307 was read: Upon motion by Cook second by Lemmon, and all voting in favor thereof, - z President weeks declared said resolution duly passed and adopted. Alderman Cook. introduced a resolution levying special assessments for the sprinkling of First Street Southeast from Eighth Avenue'Southeast to Eleventh Avenue Southeast, which was reads Upon. motions by Kitzman second by Newhouse, and all voting in favor thereof, President Weeks declared said resolution duly passed and adopted: Alderman Lemmon introduced a resolution levying special assessments for the sprinklingof Second Street Southwest and Southeast from Sixteenth' Avenue Southwest to i i Second Avenue Southeast' which was read: i Upon motion by Roeder second by Witzke, and all voting in favor thereof, President Weeks declared said resolution duly passed and adopted. lid Alderman Newhouse introduced a resolution levying special assessments for f the sprinkling of Third -Street Southwest and Southeast from Sixth Avenue,Southweet to Mill of the Rochester Milling Company,. whicA was read. Upon motion by Witzke second by Cook, and all, voting in favor thereof, President Weeks declared said resolution.duly passed and adopted: Alderman Kitzman introduced a resolution levying special assessments for the sprinkling.of Fourth Street Southwest and Southeast from Tenth Avenue Southwest to a point 400 feet east of Eleventh Avenue Southeasts which was reads Upon motion by Lemmon second by Kitzman, and all voting in favor thereof, President Weeks declared said resolution duly passed and adopted. Alderman Kitzman introduced a resolution levying special assessments for the sprinkling of Fifth Street Southwest from Ninth Avenue Southwest to First Avenue Southwest, which was read:, ` Upon motion by Roeder second by Newhouse, and all voting in favor thereof, President Weeks declared said resolution duly passed and adopted: Alderman Newhouse introduced a resolution levying special assessments for the sprinkling of Fifth Street Southeast from Third Avenue Southeast to First Place Southeast, which was read. Upon motion by Newhouse second by Kitzman, and all voting in favor there- of, President Weeks declared said resolution duly passed and adopted. Alderman Kitzman introduced a resolution levying special assessments for the sprinkling of Sixth Street Southwest from Second Avenue Southwest to Ninth I Avenue Southwest, which was reads Upon motion by Lemmon second by Newhouse, and all voting in favor there- of, President Weeks declared said resolution duly passed and adopted Alderman Lemmon introduced a resolution levying special assessments for the sprinkling of Seventh Street Southwest from Eighth Avenue Southwest to Fourth Avenue Southwest, which was read« :a 308 Upon motion by Newhouse second by Katzman,. and all voting -in favor thereof, President Weeks declared said resolution duly passed and adopt edii Alderman Lemmon introduced a resolution levying special assess- ments for the sprinkling of Eighth Street Southwest from Eighth Avenue Southwest to Tenth Avenue Southwest, which was read: c rt Upon motion by'Cook second by Witzke, and all voting in favor thereof, President Weeks declared said resolution duly passed and adopted. Alderman Kitzman introduced a resolution levying special assess- ments for the sprinkling of Sixth Street Northwest from Broadway Street . North to Fourth Avenue Northwest, which was read; t Upon motion by Kitzman second by Roeder, and all voting in favor thereof, President Weeks declared said resolution duly passed and adopted. Alderman Kitzman introduced a resolution levying special assess- ments for the sprinkling of Tenth Stet Northwest from Broadway Street North to Second Avenue- Northwests which was read: Upon motion by Witske second by Lemmon, and all voting in favor thereof, President Weeks declared said resolution duly passed and adopted: Alderman Kitzman introduced a resolution levying special assess- ments for the sprinkling of Twelfth Avenue Southwest from First Street Southwest to Second -Street Southwest, which was read. s Upon motion by Kitzman second by Rodder, and all voting in favor thereof, President Weeks declared said resolution duly passed and adopted. `Alderman Kitzman introduced a resolution levying special assess- ments for the sprinkling of Third Avenue Northwest from Fifth Street Northwest to Sixth Street Northwest, which was read. Upon motion by Newhouse second by Lemmon, and all voting in favor thereof, President Weeks declared said.resolution duly passed and adopt eds Alderman Witske introduced a resolution deeming it expedient and necessary that a concrete curb and gutter be constructed in Ninth Avenue Northwest between the north line of Center Street West and the south line of First Street Northwest; in Third Avenue Southwest between theasouth line of Center Street West and the north line of Third Street Soutiwest; An Third Avenue Southwest .between the south line of Fburth Street South- west end north line of Sixth Street Southwest;:in Sixth Avenue Southwest between the north line of Second Street Southwest and the south line of Center Street West; in Sixth Avenue Northwest between the north line of Center Street West and � the C.G.W.R.R.tracks; in Third Avenue Northwest from the north line of Center Street West to the south line of Fourth Street Northwest; in Fifth Avenue Northwest between the north line of Center Street West and the south line of Second Street Northwest; and in Fifth Avenue. Northwest between the north line of Second Street Northwest H 309 .F, and the C:G:WR.Ra Co: tracks, and fixing -a hearing for 8 o'clock P.M. on October 229 19239 which was ready Upon motion by Witzke second by Newhouse, and Aldermen Newhouse, Roeder, Witzke and President Weeks voting "Aye",.and Aldermen Cook, Kitzman and Lemmon voting "Nay", President Weeks declared said resolution duly passed and adopted. A communication from the Park Board, asking for authority to enter into contract with. the JDhn C. Moninger Company., in amount of $2207.57 for materials for a new -green house, and for the services of a Superintendent of Erection at a cost of $LM per hour, plus transportation charges, was read, and President Weeks ordered that the same be placed on,file. Alderman Kitzman introduced the following resolution which was read: Be it resolved -by the Common Council of the City of Rochester, Minnesota: That the Park Board of said City be and the said Board is hereby authorized to enter into contract with the John Ce Moninger Company of. Chicago, Illinois, for the furnishing of materials for the construction of a new green house in amount of $2207e57 P. 0. B. Chicago, the terms of� payment to be 60 days net, or 2q, discount for cash 30 days after date of billing, and for the services of a working Superintendent of Erection at $160 per hour plus transportation charges, the said services are to be paid, for 10 days net. The amount of the bond to be given by said contractor is hereby fixed at the sum of $2500 e00. . Upon motion by Newhouse second by Roeder, and all voting in favor thereof, President Weeks declared said resolution duly passed and adopteds Alderman Lemmon introduced the following resolution which was read: WHEREAS, warrant #3989, drawn September 19th, ` 1922, payable to the Rochester National Bank of Rochester, Minnesota, in the amount of five thousand dollars ($5000) for the purpose of realizing funds in anticipation of collection of gener- al taxes for the year 1922, and, WHEREAS, there not being sufficient funds for the payment of said warrant upon its maturity, warrant #54571, dated March 31st, 1923, was drawn payable to the order of the. said Rochester National.Bank, for the renewal of said warrant #3989. and, WHEREAS, there not being sufficient funds for the payment of the said warrant #545 J at its maturity on October 1st, 1923: NOW, - THEREFORE, Be it resolved by the Common Council of the City of Rochester, Minnesota: - That a warrant be drawn in favor of the Rochester National Bank of Rochester, Minnesota, in the amount of five thousand dollars ($5000)9 with maturity on or before January 1st, 1924, 11with an interest rate of six per cent per annum for, the renewal of the above mentioned warrant #5457. The Mayor ,and the City Clerk are hereby authorized and directed to draw the said warrant upon the City Treasurer for the purpose of making the said i renewal. j' 4 � � 1' x • Upon -motion by Lemon second by Newhouse, and. all voting, in favor thereof, President Weeks declared said resolution duly passed and, adoptedi Motion by. Cook second by Kitzman curried that 015740 be appro- priated from the Interest Fund and paid to the Rochester National Bank of Rochester, Minnesota; for interest from March 31, 1923, to October 9, 1923, inclusive, at -6% on the above mentioned warrant Non 5457i Profiles and abstracts of grade lines, prepared by Charles H. Armstrong, City Engineer, for that part of Eleventh Street Northwest be- - tween Fourth Avenue' Northwest and Second Avenue Northwest, and for that part of Pburth Avenue Northwest from Tenth Street Northwest to Eleventh 'Street Northwest, were laid before the Common Council and were considered by them. t Alderman Witzke introduced the following resolution which was read • Be it resolved by the Common Council -of the City of Rochester, Minnesota: That the profiles and abstract `of grade lines, prepared by Chas. H. Armstrong, City Engineer, -for that part Eleventh Street Northwest between Fourth Avenue Northwest and Second Avenue North- west and for Fourth Avenue Northwest from Tenth Street Northwest to Eleventh Street Northwest be and the said profiles and abstract of grade lines are hereby adopted as and for the. established grade lines for the said parts of Eleventh Street Northwest and Fburth.Avenue Northwesti ' Upon motion by Newhouse second by Cook, and all voting in favor thereof, President Weeks declared said resolution duly passed and adopted. read: Alderman Witzke introduced the :following resolution which was WHEREAS, the Common Council of the City of Rochester, Minnesota, has made local public Improvements within said City, the cost and expense of which is to be paid by special assessments levied by law, said improvements consisting of the construction of a concrete curb and gutter in the following.named streets and avenues in said City: On Fourth Avenue Northwest between the north line of Center Street West and the tracks of the C.GiW.R.R. 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. THEREFORE, Be it Resolved bysaid Common Council., That said Common Council will meet at 8 o'clock. P.M i on the 22nd day of October, 19239 at the Council Chambers, in the City Hall, in said City, and will then -and there levy special assessments for A the cost and expenses of the above named improvements, according to the resolu- tion heretofore adopted" by said Common Council determining the mode of said ` assessments for said improvements. Be it farther resolved: That the City Clerk of said City be and he is hereby directed to cause notice of the time and place of said meeting and the purpose for which the same is to be held and cause the same to be published once !` in the official paper of said Cit not less than ten days P P y, y prior to the date of said meeting: Upon motion by Witzke second"by Newhouse, and ail voting in favor thereof, President Weeks declared said resolution duly`passed' and adoptede k i Alderman Witzke introduced the following resolution which was read: ►E WHEREAS, the City Engineer of the City of Rochester has caused to be repair- ed, under and in accordance with the provisions of Sections 249 and 257 inclus- ive, of .the Charter of the Cityof Roches er Minnesota,, t , innesot , sidewalks in the. said 'i City, and has filed with the City Clerk of said City a report of the cost of , such sidewalk repairs in each case with a description of the lot or parcel of land abutting upon each sidewalk on which such repairs have been made, which b said report is now on file in the office of the City Clerk as aforesaid. THEREFORE, Be it resolved by said Common Council of said City of Rochester: That said Common Council will meet at 8 o'clock P.M: on October 22nd, 1923, at the Council Chambers, in the City Hall, in said City, and will then and there levy assessments for the cost and expense of making the above mentioned repairs against the respective properties and lots benefited and abutting upon the side- walk upon which said repairs have been made, according to the provisions of Section 253 of the Charter of the City of Rochester determining the mode of such assessments for such.repairs as aforesaid. Be it further resolved by said Commoh Council: That each and all of the assessments so made by said Common Council pursuant to said Section 253 will be made by said Common Council unless sufficient cause be shown to the contrary and that objections to any, particular assessment must be filed with the City Clerk of said City one day before the time herein set forth: Be it further resolved: , That the City Clerk of said City be and he is hereby directed to cause f notice of the time and place of said meeting and hearing and the purpose and object thereof and cause the same to be published once. in the official newspaper t , of said City, not less than ten days prior to the date of said meeting and hearing. Upon motion by Witzke second by Cook, and all voting in favor thereof, President Weeks declared said resolution duly passed and adopted. Alderman Roeder introduced the following resolution which was read: WHEREAS, the Common Council of the City of Rochester, has made special assessments for sprinkling streets in said City during the season of the year 1923,Which, assessments are now before said Common Council: Therefore, Be it -and it is hereby resolved by said Common Council: That the .said special assessments are hereby ordered filed in the office of the City Clerk of said ,City for the inspection of all persons who may be interested in the same. Be it further resolved: That a public meeting of said Common Council .9dll be held at 8:00 o'clock P.M, on October 22nd, 1923s at the Council Chambers in < I the City Hall in said City, and at said time and place the Common Council will consider and a¢t upon said assessments and each of them and will then and there hear any and.all objections which persons or parties interested in said assessments, or either or any of them,. may desire to make or offer theretos The City Clerk is hereby ordered to publish in the official paper of said City a notice to all persons and parties of the time I and place of said meeting and of the purposes for which the same is to be held. Upon motion by Lemmon second by Newhouse, and all voting in favor thereof, President Weeks declared said .resolution duly passed and adopt ed,. Alderman Cook introduced the following resolution which was read WHEREAS, the Common Council of the City of Rochester, Minnesota, at a meeting thereof held on September 24th, 19239 duly passed and adopted a resolution declaring it expedient- ,and necessary that a local public improvement to be paid for by special assessments, levied as provided by law, be made in said City ass follows: j r That a sanitary sewer be constructed, conu�encing at the center of the intersection of Fourth Street Southeast and Thirteenth Avenue Southeast and running thence east along the center line of Fourth r ' Street Southeast to a point four hundred (400) feet East, and, WHEREAS, said Common Council in acid by laid resolution ordered that a public hearing be held at 8 o'clock P.A(i on October 8th, 1923s at the Council Chambers, in the City Hall, in said City, and directed the City Clerk to give notice of said hearing as provided by law, to all persons interested in :he said improvement, and. said resolution was approved and signed by the Mayor of said City, and, r WHEREAS, said City Clerk did duly and in due time, as ordered Publish a notice of the time and place of said public hearing and of the purpose for which the same was to beheld, in the Rochester Daily Bulletin,. the official paper of said. City, on September 26th, 14 313 1923, and, WHEREAS, on October 8th, 19239 at 8 o'clock P.Ma laid Common Council duly met at the Council Chambers, ,in said City Hall, in said City, and said public hearing was then and there held and all persons intserested in the said improve- ment, who were present,` were then and there heard before said Common Council in relation to the said improvement`; and the said Common Council having duly con- sidered the matter .of making the said improvement, and the reasons and arguments for and against the same and deeming it expedient and necessary that the said 'improvement be made; THEREFORE, Be it and it is hereby resolved by said Common Council: That the aforesaid improvement and the whole thereof.be made and done and the same .is hereby ordered to be made and done and that the whole cost and expense of the said improvement be paid by _special assessments, levied as provided by law. Be it further resolved by said Common Council: ',hat the City Engineer of said City be and he is hereby directed to prepare and file in the office of the City Clerk of said City detailed, plans, profiles and- specifications for said improvement as herein; ;set forth, . and to make and report to said Common Council an estimate of the cost and expense of said im- provetent. ` Upon motion by Newhouse second by Cook, and all voting in favor thereof, President.Weeks declared said resolution duly passed and adopted. Plans, profiles, specifications and estimate of cost, prepared by Charles H. Armstrong, City Engineer, for the construction of a sanitary sewer in Fourth Street Southeast, commencing at the center of the intersection of Fourth Street Southeast and Thirteenth Avenue Southeast, were laid before the Common Council and were consid- ered by them. Alderman Cook introduced the following resolution which was read.: WHEREAS, the Common Council of the City of Rochester, Minnesota, at a meet- ing held on October 8th, 1923, after due notice given and hearing had as provided by law, did pass and adopt a res.,lution ordering that a sanitary sewer be con- structed as follows: Commencing at the center of the intersection of Fourth Street Southeast and Thirteenth Avenue Southeast and running thence east along the center line of Fourth Street Southeast to a point four hundred (400) feet east, and in said resolution directed the City Engineer to prepare and file in the office of the City Clerk of said City detailed plans, profiles and specifications for said sanitary sewer, and to make and furnish to said Common- Council an estimate of the cost of_-Isaid sanitary sewer; and said City Engineer on October 8th, 1923s pursu- ant to said direction, did file in the office of said City Clerk detailed plans, profiles and specifications for the said sanitary sewer and did report to said Common Council an estimate of the cost and expense of said sanitary sewer; 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 specifica- tions according to which said sanitary sewer shall.be constructed; and that the estimates of the cost of the said sanitary sewer reported by said City Engineer be filed in the office of the City Clerk. Be it further resolved by said Common Council: That the whole cost and expense of constructing said sanitary sewer, to -wit: i commencing at the center of the intersection of Fburth Street South- east and Thirteenth Avenue Southeast and running thence east along the center line of Fburth Street Southeast -to a point ,.four hundred (400) feet east, all according to the plans and specifi cat ions for the same on file yin the office of the City Clerk, shall be assessed upon and against each lot,, piece and parcel of land benefitted by the said - sanitary sewer, to -wit: against each and every lot, piece and parcel of land abutting upon the said sanitary sewer,without regard to cash valuation, ratably and in proportion to the special benefits conferred. _ by said ,sanitary sewer, respectively, upon each said lot, piece and parcel of land. Be it further resolved by said Common Council: That a meeting of said Common Council will be held at 8 o'clock P.M. on October 22nd, 1923, at the Council Chambers, in the City Hall, in said City, at which meeting all persons interested in said sanitary sewer may appear and be heard before said Common Council in relation to the said sanitary sewer, or to' the mode of the assessment for the cost and expense thereof, or any other matter 'or objection relating to the said sanitary sewer upon which they may desire to be heard. 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 sanitary sewer above described and the names of the owners of the said properties so far as the same are known, which list, together with a 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; 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 sanitary sewer above described. Said bids shall be received and opened by said Common Council at a public meeting thereof to be held at 8 O'clock P A4. on October 22nd, 1923, at the `Council Chambers, in the City Hall, in said City. Each bid must be accompanied by a certified check for at least ten per cent of the amount of the bid`: The right is,reserved to reject any and all bid sw j Upon motion by Cook second by Katzman, _and all voting in favor ; thereof, President Weeks declared said resolution duly passed and adopted. Plans, profiles, specifications and estimates of cost, prepared by Charles H. Armstrong, City Engineer,.for the construction of a surface i> ;3 { drainage sewer in Seventh Avenue Southwest from Ninth Street Southwest to Eleventh Street Southwest, and in Eleventh Street Southwest from Seventh i Avenue Southwest to Sixth Avenue Southwest thence south 33,degrees 50 minut a, es east 176 feet to ' � pond in out lot8 in Williams, Healy and Cornforth s Addition; and for a surface drainagge sewer'in Ninth Avenue Southeast from Ninth Street Southeast to Eighth Street Southeast and in Ninth Street South eest from Ninth Avenue Southeast to Eighth Avenue Southeast, and in Eighth j Avenue Southeast to points 300 feet north and south from manhole in north; side of Ninth Street Southeast, were laid before the Common Council and i were considered by them,. i:. } 4 Alderman Cook introduced the following resolution which was read: WHEREAS, The Common Council of the City of Rochester deem it expedient and necessary that surface drainage sewers be constructed in said City+,as follows: -- In Seventh Avenue Southwest from Ninth Street Southwest to �. 3 1915 Eleventh Street Southwest and in Eleventh Street Southwerift from Seventh Avenue Southwest to Sixth Avenue Southwest and thence south 33 degrees 50* East 176 feet to pond in Out Lot eight (8) in Williams, Healy and Cornforth's Addition. In Ninth Avenue Southeast from Ninth Street Southeast to Eighth Street South- and in Ninth Street SoutheaSt from -Ninth Avenue Southeast Eighth Avenue east to Southeast and in Eighth Avenue Southeast to points three hundred (300)-feet north and south from manhole in north side of Ninth Street Southeast, and, WHEREAS, Said Common Council has ordered the City Engineer of said City to prepare and file in ,he -office of the City Clerk of said City detailed plans., profiles and specifications for the said improvements, and to report to the Common Council an.estimate of the cost and expense of the said improvements., I and, WHEREAS,'the City Engineer pursuant to said order did so file P'l enss profiles and specifications for the said improvements and did report estimates of the cost and expense thereof to the Common'Council of said City: THEREnRE, Be iT and it is heReby resolved by said Common Council: That the aforesaid improvements and the whole thereof be made and done and the same are hereby ordered to be made and done& Be it further resolved: What the plans, profiles and specifications for the said improvements, so.:.-:.'. filed be and the same are hereby adopted'as the plans, profiles and specifications f for the said improvements, and that the estimates of cost so reported to the Common Council be accepted and ordered filed in the office of the said City Clerk: Be it further resolved: That the City Clerk of said City be and he is hereby directed to' advertise for bids as provided by laws for furnishing all the materials and doing all the work for making the said improvements* Said bids shall be received and opened by the Common Council at a meeting thereof to be held at 8 o'clock P.M i on October 22ndt 1923, at the Council Chambers in the City Hall in said City: Each bid to be accompanied by a certified check for at least ten per cent of the amount of the bid and the right being re- served to reject any and all bidsi Upon motion by Roeder second by Lemmong and all voting in favor thereof, President Weeks declared said resolution duly passed and adopted* The following report of the City Attorney was reads and motion by Newhouse .second by Lemmon carried that the same be placed on file, and that the City Attorney be instructed to secure and report to this Common Council. the present sale price of said property: To the Honorable The Common Councils Of the City of Rochester, Minn: Gentlemen: Having been requested to take up the question of lease of certain lots with ,3 16 r I` a' a, 1 nl n the Rochester Milling . Company in connection with the tourist park, would advise that the Messrs. Knapp on the part of the company, feel that it Would not be advisable for them to make a lease for longer than three years There might be future damage -to their property by tourists and, in three _years time they would be in better shape to know what -they would . want to ;do. , They also do not feel at this time that they could decide on a price to be Made three years from now: They wish to accommodate and work with the Council but feel undecided as to what the future might bring forth. I would advise that no buildings of value or of permanent nature be located on the land on a three years basis. The chance to condemn at the end of the lease is very questionablei, I report for instructions from the Council. Dated Oct* 8th, 1923. Respectfully submitted, Thomas Fraser City Att.orney." Motion by Lemmon second by Newhouse carried that the sum of $10*88 be appropriated from the General Fund and paid to the sprinkling and flushing account (Job 379) for the 1923 sprinkling of the Carnival grounds, and that the sum of $2408 be appropriated from the Street and .Alley Fund and paid.to the sprinkling and flushing account (Job 3�79) for .the 1923 flushing of the alleys East and Test of Broadway. _.Motion by.Newhouse second by Roeder,carpied that the sum of 01764 be appropriated from the General Fund and paid to the sprinkling and flushing account ( Job �79) for adjustment of the charges for the s sprinkling of the Fair Grounds during the season of the year 1923, in that the credits for the water used in said sprinkling was deducted from the above mentioned report of cost by the City Clerk but the said credits were not considered in the above mentioned distributions made by the City Engineers; y Certified copy of a resolution of the Board of Education levy- ing special school tax for the year 1923 of $2702870.00, and asking approval of the Common Council of the City of Rochester, Minne sot a, upon the said levy; was read, and the proposed budget for the 1923 tax levy submitted by the Vi.nance Committee, the Mayor, the City Clerk and the City Engineer was also read, and motion by- Newhouse second by Lemmon carried that the said levy made by the Board of Education, and the said proposed budget for the 1923 general tax levy be laid upon the table until October 22nd, 1923, at 8 o'clock P.M, and that the City Clerk be instruct, ed to request of the local newspapers that they give publicity to the fact that at that time the Common Council will hear ;any and all persons on matters relative to the said tax levies. <317 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 authorised and d.ir. ected to draw warrants upon' the City Treasurer and make payment accordingly: From the General Fiend: The Blakely Printing Co., $3:99; Elmer W. Lyon, 14.50; Miller -Davis Company, $$468; , Rochester Electric Co..; $$1.00; H. S. Adams,.50; H. and H. Electric Co., $$400; E. R. Terry, $$4i50; Sullivan and, Harwick, $6.50; Hanson ?hardware Co., $2.75; The Yellow Cab Co., $2500; Rochester Oil Company, $$7614; Tri- State Tel: and Tel. Co: 5 80; The Quality Print SUop-, $10 00; Star Laundry, $$.30; Fairbanks, Morse and Co., $2675; Service Motor Co., $$.5Q; Western Union Telegraph Co., M.26; Thos. P. Hall, $$11@50; J. C. Kiefer, $205; Star Laundry, $$1.30; Public Utility Fund, 2364i77; Rochester Oil Co., $$4237. From the Sewer Fund: Western Union Telegraph,Co., $$.68; Hayes -Lucas and ..Green, $12.50; Public .Utility Fund, S13:46; West and Posti er Co., $$1.30; Rochester Iron Works, 860 50; Botsford Lumber Coil, $199.10, From. the Fire Protection Fund: Public Utility Fiend, $$22.92; Service Motor Co., $.95; C. P. Fjerstad, ftOO; Foster Battery Co., $$4Z0; Star Laundry, $$124190; Woodhouse Bros:, 3 48; Tri-State Tel. and Tel, Co $6:00; The Model Laundry, $$%50. From the Park Improvement Fund: Public Utility Fand, 0123.47; Rochester Electric Company, $4.00. From the Street and Alley Fund: Rochester Oil Company, $$67.13; West and Postier Co., $2 15; 01 G. Hanson and Son, $$2i40; Botsford Lumber Co., $8:65. From the Permanent Improvement Fund: Public Utility Fund, $$3:75. Motion by Lemmon second -by Newhouse carried that the better lighting of the alleys in the business section be referred to the Lighting Committee with power to act in the matter* On motion by Newhouse second by Lemmon Council adjourned to October 22nd, 1923, at 8 o'clock PM., all voting in favor thereof except Alderman Witzke who voted •Naya� City Clerk. 2