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HomeMy WebLinkAbout11-28-19244 774 Minutes of an adjourned regular -meeting of th.e . Common Council of the City of Rochester, Minnesota, held in .the Council Chambers, in -the City call, in said City, or_ November 28th, 1924, at 8 o'clock P.M. President Weeks being absent on account of the illness of him- self, motion by Lemmon second by Nowhouse carried that Alderman Cooly act as President Pro Tem, and Alderman Cook accordingly took the 8hair as such. President Pro Tem Cook called the meeting to order. Roll Call: Present: Cook, Kitzman, '.Lemmo.n, Newhouse, Wright. 4bsent: Weeks, Roeder.. Motion by Newhouse second by Wright carried that the minutes of the meeting held on November IOth, 1924, be approved. President Pro Tem Cook announced that this was the time and place fixed for a continued hearing and adjourned action on the construction of a sanitary sewer in Third Avenue Southwest commencing at the manhole on the South side of the Sewage Lift Station and .running to a point 93 ft. South of the South line of Sixth Street Southwest, and asked if there was any person present who wished to be heard in any matter concerning the said sanitary sewer. There was no person present who wished to be heard relative to the said sewer. Motion by Newhouse second by Kitzman carried that the hearing on the said sanitary sewer be continued to and that the action be adjourned to December lots 1924, at 2 o'clock P.M.. President Pro Tem Cook announced that this was the time and place fixed for a hearing on the construction of a sanitary sewer described, commencing at the center of Fburth Street Northeast and First Avenue North- east and .running East in Fburth Street Northeast to a point ten (10) feet East and ten (10) feet North of the Northeast corner of Block 62 in Original Plats thence South in Second Avenue Northeast to a manhole in center. of Second Avenue Northeast and the North line of the Right -of -Way of the C. &• 1 N. W. Rye Co., and also beginning at a point ten (I0) feet East and ten (10) feet North of the Northeast corner of Block 62 in Original Plat and running thence South sixty degrees East across the Zumbro River and intersecting the East Side Sanitary Sewet 191 feet North of manhole t.n North side of Right -of - Way of the C. & N. We Rye Coo., 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 but the following written objection was .read: In the Matter of Proposed Sanitary Sewer in parts of Fourth Street Northeast, Second Avenue Northeast, in the City of Rochester, Minnesota. TO THE UONORABLE CITY COUNC£L OF THE CITY OF RO CHESTER, MINNESOTA: 775 Now comes Chicago & Northwestern Railway Company and, appearinf specially and not generally in the above entitled matter, ob jects to the jurisdiction of said City Council in or over said matter upon the ground that notice in accordance with law of said proceedings and of the assessment proposed therein has not been given. If the foregoing objection be over -ruled, then said Chicago & North-1,11estern Railway Company objects to said proceeding and to any assessment therein upon the .following grounds: 1. That said City Council has no jurisdiction of. said proceeding. 2. That no property belonging to said Chicago & North-Western Railway Company is benefited in any ananner in said proceeding. 3. That all property belonging to said Chicago & North-Western Railway Company in any manner involved in said pr.oaeeding.is exempt from assessment. 4. That there is no warrant in law for assessing any property belonging to said Chicago & North-Western Railway Company for any benefits in said pbroceeding. Dated November 19, 1924. CHI CAGO & NORTHWESTERN RATLWAY COMPANY BYE Gr anger-&- Cemen—s.�� Rochester, 2finnesota. Rr_ �lln. Sawan-& Sawy ez.- ?Vinona, Minnesota. tts Agents and Attorneys. " This being the time and place fixed for the opening of bids for the con- struction of the above described sanitary sewer in parts of Nburth Street Northeast and Second Avenue Northeast, the follosing bids were opened and read: �Uilliam C. Fraser & Son: 12" vitrified pipe. sewer 2.00 per ft. 6" n n n 50 9.- n n " each. '� : on. � 12" " Ys , �3.00, Manholes with valvos, A100.00 each. 1 special manhole in 4th St. and 2nd Ave. $300.00, Loose rock excavation $3.00 per cu. yd. Sand " is 5.00 Solid " " 7.50 Note: All rock excavatidn below elevation 70 above price. Concrete in place $25.00 per yd. 12" inverted siphon line $11.00 per ft. Peterson, Lodegren and Lofquist: 12" vitrified pipe sewer $2.00 per ft. 12" cast iron pipe $14.00 per ft. 12" vitrified pipe sewer $1.40 per ft. 6" n n n •60 n n Manholes, 150.00, each. 2 special manholes $100.00 each. 1 special manhole $300.00, Loose rock excavation 06.00 per cut yd. extra*. Sand " " 8.00 Solid " " 18.00 to be double the Motion by Lemmon second by Wright carried that the said bids be referred to the City Fr_, �ineer for tabulation and recommendations in the matter. Alderman Roeder came in at this time and took his Chair. The following recommendation of the City Engineer was read, and motion by Lemmon second by Kitzman carried that the same be placed on file: 776 " 11-28-24 Hon. Mayor and Common Council. . Gentlemen: - I herewith report that W. C. Fraser Son Is low bidder on construction of sewer in 4th St. and 2nd Ave. N.E. , and T recommend that the contract be awarded. Respectfully submitted, C. H. Armstrong, C. E. it The report of the Milk Inspector for the week ending November 12th, 1924, was read, and President Pro Tem Cook ordered that the -same be placed on fi e. The .report of the Clerk of the Municipal Court for the week i ending November lath; 1924, showing fines collected in the amount of $155.209, and civil fees received in the amount of 50 cents, and the report of the Clerk of the Municipal Court for the week ending November 24th,_ 1924, show- ing fines collected in the amount of $255,00, and civil. fees received in the amount of $4.25, were each separately read, and President Pro Tem Cook re - (erred the same to the City Attorney. The application of Glenn B. Hagaman for permit to hold, give and conduct public dances in the Woodman Hall on December 2nd, 1924, and 9th, 1924, and the application of R-. M. Graen, for Co. C. 205th Infantry, for permit to hold, give and conduct public dances in the National Guard Armory on December. 13th and December 20th, 19249 were each separately read* Alderman Roeder introduced a resolution determining.tp adhere to all former resolutions passed and adopted.in the proceedings relative to the above describedc!sanitary sewer to be constructed in parts of Fourth Street Northeast and. Second Avenue Northeast, ' whi ch was read. Upon motion by Lemmon second by Wright, that the said resolution be adopted as read, and ail voting Xn favor thereof, President ]pro Tem Cook declared the said resolution duly passed and. adopted. Alderman Roeder introduced a resolution accepting the above mentioned bid of William C. Fraser and Son, for the construction of a sani- tary sewer in parts of Fourth Street Northeast and Second Avenue Northeast, and fixing the amount of the bond to be given by the said contractor, at the sum of $5500.009 which was read. Upon motion by Wright:: second by Newhouse that the said resolu- tion be adopted as .read, end all voting in favor thereof, President Pro Tem Cook declared the said. resolution duly passed and adopted.. Motion by Newhouse second by Roeder carried that.the certified checks of the unsuccessful bidders on the construction of the above describ- ed sanitary sewer in parts of Fburth Street Northeast and Second Avenue 777 Northeast be returned to them. The application of Co. C. for roller skating rink license at the National Guard Armory during the period December 2nd, 1924, to January 2nd, 1925, inclusive, was read, and motion by Kitzman second by Newhouse carried that a license be granted at a fee of $25.00 for the period mentioned. The application of C. J. Wilber for an electrician's license was read, and motion by Kitzman second by Newhouse carried that a license be granted. The electrician's license bond of C. J. Wilber, with J. J. Toomey and Wm. G. Roeder as sureties thereon, each in the amount of $1000.00, was read, and motion by Newhouse second by �emmon carried that the said sureties be accepted, and that the said bond be approved and placed on file. The appointment by the Mayor of E. G. Larson, as a Special Patrolman in the Police Department, for the period November 20th, 1924, to November 26th, 1924, inclu- sive, and for the period November 27th, 1924s to December, 3rd, 1.924, inclusive, were each separately read, and President Pro Tem Cook ordered that the same be placed on file. The following communication was read, and motion by Lemmon second by New- house carried that the permission requested therein be granted with the condition that the ednstruction and installation be under the supervision of the City Engineers " THE KAHLER CORPORATION, Rochester, Minnesota. _ November 26, 1924. City Council, Rochester, Minn. Gentlemen: We hereby beg your permission to construct a subway on First Street Southwest, connecting ,with the subway now connecting The Kahler with the Mayo Clinic, from there running east under the sidewalk adjacent to the Clinic Building and across the alley between the rear of the Clinic Building and the,Zumbro Hotel, entering the nofthwest corner of the Zumbros very truly yours, T?lE KJV--,ER CORPORATION.L �F.,Jan son. EEJ-erp t Chief Engineer. " A petition signed by ITugh McMillin and Burt W. Eaton, asking that a sanilrary sewer be constructed and a water main laid in Tenth Avenue Southeast from the center of the intersection of Tenth Avenue Southeast and Sixth Street Southeast, to-a-poiat 150 ft. South of the South line of Sixth Street Southeast, was read, and motion by Newhouse second by Lemmon carried that the said petition be referred to the Sewer Committee. "'A, petition signed by Henry Blickl.e, the Lyman Co., Inc., and Adler & Bach, asking that a light be placed in the private alley et the rear of their stores, was read, and motion by Lemmon second by Roeder carried that the City Clerk be instructed to notify the Public Utility Board to make the installation accordingly. 778 Motion by Newhouse second. by Wright carried that, the sum of $10.00 be appropriated from the General Fund and paid to D. L. Williams, Postmaster, for stamps for use of the City Clerk. Votion by Lemmon second by Newhouse carried that the City Clerk be instructed to notify M. P. Maloney that at 2 o'clock P.M.on December 1st, 1924s he will be given an opportunitytghow cause why License No. 100, coveriftg-the privilege to operate eight pool and billiard tables at 11.6 Broadway Street South, shall not be revoked@ The following copies of resolutions passed and adopted by the Commissioners of the Sinking Fund, were each separately read, and motion by Newhouse second by Roeder carried. that the actions set forth therein be approved and that the said copies be placed on file& "Be it .resolved by the Commissioners of the Sinking Fund of the City of -Rochester, Minnesota: '.►_'hat the sum of $4748.96 be appropriated from the Sinking Fund of said City and paid to the Tnterest Fund of said City for to apply on Interest due -January 1st, 192-3, on City of Rochester, ?Minnesota, Electric Light Bonds, numbered one (1) to six hundred fifty (650) inclusive, said sum being interest collected on Sinking Fund investments less accrued in- terest paid on Sinking Fund. investments. " "Be it resolved by the Commissioners of the Sinking Fund of the City of Rochester, Minnesota: That the bum of $16,258.00 ,be appropriated ,from the Interest Fund of said -City and paid to the First National Bank of Rochester, Minne- sota, for the purchase of a draft parable to the American Exchange National Bank of New York City, for interest due January 1st, 1925, on Electric Light Bonds, numbered 1 to 6509 inclusive; $16,2.50.00, thereof, being for the said interest, and ";m"3.00 thereof, being for the purchase of the Above men- tioned draft. "Be it resolved by the Commissioners of the Sinking Fund of the City of Rochester, Minnesota: That the sum of $402,77 be appropriated from the.Sinking Fund of said City and paid to the General Fund of said City for the return of temporary .transfers in accordance with November 24th, 1924, tax settlement; $13.30 thereof applying to the 1922 tax budget and 0389,47 thereof apply- ing to the 1923 tax budget. " A certificate from Amiel L. Glabel, County Auditor, showing refundments made by the linnesota Tax Commission from the 1923 tax levy of $12.23, was read, and motion by Newhouse second by Wright carried that the City Clerk be instructed to adjust his tax records accordingly. A communication from the Standard Oil Company relative to the deduction of the $20.00 made by the City Engineer in his estimate for the payment of road oil, was read, and motion by Newhouse second by Roeder carried that the same be referred to the City Engineer, and the City Attor- ney, ney, for their_ investigation and report to this Common Council at the next meeting thereof. Motion by Lemmon second by Wright carried that, the sum of $5.00 be appropriated from the General Fund and ordered paid to the .Univer- 779 sity of Minnesota for twenty 1925 calendars of Minnesota Govenmente motion by Lemmon second by Vitzman carried that the sum of $48.64 be appro- p ri at ed from the General Rind and paid to the Treasurer of the State of Vin.nesot a for per diem and expenses of public Xxaminers in budget ledger.matters. Motion by Newhouse second by Fright carried that the sum of 90 cents be -appropriated from the . General Fund and paid to John 11j. Volde as a refundment of the error made by- the City Treasurer in collecting sprinkling assessments against the East 90 ft. of Lot 1 in Block 909 Original P].at, the said refundment to be charged -against defected' special assessment No. 541. The statement from the County Treasurer showing 1923 tax of $65.60 as being dike on lots 26, 279 28 and 29 in State Subdivisidn 'of Section 36-107-14, was read, and motion by Newhouse second by Kitzman carried that the same be referred to the City Attorney. Motion by Lemmon second by Newhouse carried that the sum of $13.50 be appro- priated from the General Fund and paid to the Street and Alley Fund for correction of City Engineer's payroll error in the hauling of brick for the new trault in the City Hall basement, Job : No. 743P and the sum of $6, 00 be appropriated from the Permanent Improvement Revolving Rind and pe-id. to the Street and Alley Rind for City Engineer's payroll error in the hauling of brick and manhole excavation in eonnection with the completion of the opening of Fifth Avenue Southeast, under Job No., 405. First and Final estimate prepared by Chas. IT. Armstrong, City Engineer, in favor of Wm. C. Fraser and Son, for the construction of surface drainage sewer in parts of Fourth Street Northwest and Fifth Avenue Northwest, showing the sine of - $1326.46 as being due to said contractors, was read, and motion by Newhouse second by Roeder carried that the said estimate be placed on file. Alderman Kitzman introduced a resolution granting permit to Glenn B. Hagaman to hold, give and conduct public: dances in the Woodman Hall, on December 2nd, and Dec- ar!ber 9th, 19249, and fixing the fee at the sum of 810.009 which was read. Upon motion by Roeder second by Newhouse that the said resolution be adopted as read, and all voting in favor thereof, President Pro Tem Cook declared the said resolution duly passed and adopted. Alderman Newhouse introduced a resolution granting permit to Co. C. 205th Infantry, to hold, give and conduct public dances in the National Guard Armory on December 13th, 19241, and December 20th, 3.924, and fixing the amount of the fee at the sum of .jp'2.00, 97hi ch was read. Upon motion by Wr4ght second by Kitzman that the said resolution be adopted as read, and all voting in favor thereof, President Pro Tem Cook declared the said resolution duly passed and adopted. Alderman Lemmon introduced a .resolution appropriating $30,000.00 from the Permanent Improvement Revolving Fund, and ordering payment made to the Merchants National Bank of St. Paul, Minnesota, for principal due December 1st, 1924, on Permanent Improvement Revolving Fund Bonds, Nose 61 to 90, tnclusive, which was read. Upon. motion by Newhouse second by Roeder that the said resolu- tion,be adopted as read, and all voting in favor.thereof, President Pro Tem Cook declared the said resolution duly passed and adopted. Alderman Wright introduced a resolution appropriating $87200.00 from the Permanent Improvement Revolving Fund and ordering payment made to the Yerchan#s Nationa.1 Bank of St. Paul, Minnesota, for interest due Decem- ber lot, 1924, 1_'on Permanent Improvement Revolving Fund Bonds, numbers 63. to 300, inclusive, which was read. Upon motion by Lemmon second by Newhouse that the said resolu- tion be adopted- as read, end all voting in favor thereof, President Pro Tem Cook declared the said resolution duly passed and adopted.. r r Alderman Lemmon introduced a resolution appropriating $4277,90 from the General Fund and ordering payment made to the Permanent Improvement Revglving Hind being for the said Revolving Fund's share in the tax penalties in the November 1924 tax settlement, which was read. Upon motion by Wright second by Roeder that the said resolutinn be adopted as read, and all voting in favor.thereof, President Pro Tem Cook declared the said resolution duly passed and adopted. Alderman Lemmon introduced a resolution appropriating $1954e42 from the General FlL,nd and ordering payment made to the Permanent Improvement Revolving Fund being to apply on deficit in the said. Revolving Fund, in accordance with the November 1924 tax settlement on the 1922• and 1923 tar. budgetio,which was read. Upon motion by kitz►ran second by Newhouse that the said•resolu- tion be adopted as read, anal all voting in favor thereof, President Pro Tem 'Cook declared the said resolution duly passed and adopted. Alderman Wright introduced a resolution appropriating'$1334.75 frdm the General P5nd`and ordering payment made to.the City'Farm Fund, being the November 10,24, settlement of collections made on the 1922 and 1923 tax budgets for financial assistance to the City Farm in the collection and dis- posal of residence garbage, which was read. Upon motion by Wright second by Roeder that the said resolution be adopted as read, and all voting in favor thereof, President Pro Tem Cook declared the said resolution duly passed and adoptede Alderman Roeder introduced a resolution appropriating $4418.94 from the Lighting Fund and ordering payment made to the Public Utility Find for $1791.22 balance on billing for September 1924 public lighting, and $2627.72 billing for October 1924 public lig�iting, arhich was read. Upon motion by Newhouse second by Lemmon that the said resolu- tion be adopted as read, and. all voting in favor thereof, President Pro Tem Cook declared the said resolution duly passed and adopted.. i� 781 Alderman Roeder introduced a resolution appropriating $6.01 from the General Fund and ordering payment made to the Sever Fund being for the November 1924, settlement of collections *Wade on the 1922 tax budget for return of money paid for injury received by John Brumm, which was read. Upon motion by Newhouse second by Wright that the said resolution be adopted as reed, and all voting in favor thereof, President Pro Tem Cook declared the said resolution duly passed and adopted. Alderman Newhouse introduced a resolution appropriating $95.19 from the Fire Protection Fend and ordering payment made to the General Fund, being the November 1924s tettlement of collections made under the 1922 tax budget for the return of temporary transfers. Upon motion by Wright second by Newhouse that the said resolution be adopted as read, end'all voting in favor thereof, President Pro Tem Cook declared the said .resolution duly passed and adopted. Alderman Roeder introduced a resolution appropriating $51.73 from the Lighting Fund and ordering payment made to the General Fiend being for the November 1924 settlement of the collections under the 1922 tax budget for return of temporary transters, which was read. Upon motion by Lemmon second by Newhouse that the said resolution be adopted as read, and all voting in favor thereof, President Pro Tem Cook declared the said resolution duly passed and adopted. Alderman Lemmon introduced a resolution appropriating $1326.46 from the Sewer Fund and ordering payment made to Vim. C. Fraser and Uon, for first and final estimate on contract for construction of surface drainate sewer in parts of Fourth Street Northwest and Fifth Avenue Northwest, which was read. Upon motion,by Roeder second by Newhouse that the said resolution be adopted as read, and all voting in favor thereof, President Pro Tem Cook declared the said resolution duly passed and adopted. Alderman Roeder introduced a resolution appropriating ,i%9000.00 from the Gener- al Fund and ordering payment made to the Permanent Improvement Revolving Fund. as a temporary transfer of funds for use in the said Permanent Improvement Revolving hand, which was read. Upon motion by Newhouse second by Roeder that the said resolution be adopted as read, and all voting in favor. thereof, President Pro Tem Cook declared the said resolution duly passed .and adopted.. Alderman Newhouse introduced the following resolution, which was' read: "1hia"F.E,AS, the City of Rochester, Minnesota, has heretofore done by day labor and materials purchased, the following local public improvement in said City, the cost and expanse of which said public improvement shall be paid by special assess- ments levied in the manner provided by law, to -wit: The grading of FigAth• Avenue Northwest from. the North line of .Second Street Northwest to the Bridge across Cascade Creek, to an established grade line and to a Width of thirty d30) -feet; 782 TREREFORE, Be it and it is hereby resolved by the Common Council of the City of Rochester, Minnesota: That the said Common Council will meet at 8 o'clock P.M. on December 15th, 19249, in the Council Chambers, in the City TT -all, in said City, and. will at said time and place levy special assessments for the cost and expense of making and. construdting of the improvement above described, accord- ing to the resolutions heretofore passed and odopted by the said Common Council determining the mode of the said special assessments. The City Clerk is hereby ordered and directed to cause notice of the time and place of said meeting and of the purposes for the said meeting, to be held, to be publish- ed once in the official apaper of said City not less than ten days prior to the date of said meeting. " Upon motion by Newhouse second by Wright th,,t the said resolu- tion be adopted as read, and all voting in favor. thereof, President Pro Tem Cook declared the said resolution duly passed and adopted. The application of Taylor Cutshall for the Fifty -Fifty Club for permit to hold, give and conduct public dances in the A. 0. U. 111. Tie.11, on December. IOth, 1.924, and December 24th, 1924, was read. Alderman Newhouse introduced a resolution granting permit to Taylor Cut shall for the Fi fty- Fi fty Club to hold, give and conduct public dances in the A. 0. U. W. Ball, on December loth, 1924, and December 24th, 1924, slid fixing the amount of the fee at the sum -of $2.009 which -was read. Upon :notion by Lemmon second by Kitzman that the said resolu- tion be adopted ad read, and all voting in favor thereof, President Pro Tem. Cook declared the said resolution duly passed. and adopted. The following claims vrere read, and motion by Lemmon second by Wright 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: Prom the General Fund: E. Go Larson, $65.23; Carl W. Nielsen., $64.50; T. P. Hall, $11.75; Louis F. Dow Co., $8.63; Olmsted County Public Health Association, $125.00 ; H. & H. Electric Co., $17.40; Burrough's Ad.d- ing M4chine Co., $4.51; Miller -Davis Co., $3.58; Matt Fitzpatrick, $7.50; American Railway Express Co., $.48; From the Street and Alley Fund: Russell Grader Mfg. Co., $19.46; Joseph Lay' Co., $24.00; American Railway Express Co., $2,24; A. R. Voss Stone Co., $67.65; Standard Oil Co., $28.75; From the Fire Protection Fund: American Railway Express Co., $1.06; Foster Battery Co., $6.30; Atlantic and Pacific Tea Co., $7.74; ublic Utility Department, $42.36; Maass and McAndrew CO., $2.35; Model Laundry, $3.0.50; J. Co Thompson Co., {$285.60; T. P. Rall, $2.85; From the Park -Improvement Fund: Rochester Iron Worksgd4 27 .43; J. P. Spencer, $4.65; R. C. Drips, Grocer;. Co., $5.44; Interstate Power Co., $13.80; Public Utility Department, 137.00; J. F. Volz, $40.00; Rochester Blumbing & Feating Co., $4.09; Midland Lumber & Coal Co., $50.90; Midland Lumber. & Coal Co., $201670; George Abel, -13,00; From the Permanent Tmprovement Revolving Fund: John J. Kerr, $5.34; ' Alderman .Lemmon introduced a resolution levying special assessments for - cleaning privy vaults and removing . filthy material and rubbish, which was read. Upon motion by Newhouse second by Kitzman that the said resolution be adopted As ream, . and all voting in favor thereof, President Pro Ten Cook declared the said resolution'duly passed and adopted. Motion by'Lemmon second by Roeder carried that the matter o.f police call boxes be referred to the Police Committee, the Chief of Police and the ghief of the Fire Department, On motion by Newhouse second by Roeder Council adjourned. CTTY CLERK.