Loading...
HomeMy WebLinkAbout12-01-1924784 Minutes of a regular meeting of the Common tbuncil of the City of Rochester, Minnesota, held in the Council Chambers, in the City Hall, in said City, on December 1st, 1924, at 2 otclock P.M. President Weeks being absent on account of the illness of him- s6lf, motion by Newhouse second by Lemmon carried that. Alderman Cook act as P-esident Pro Tem, and Alderman Cook accordingly took the Chair as such. President Pro Tem Cook called the meeting to order. This being the time and place fined for A. hearing on the license of M. P. Maloney to operate eiq�ht pool and billiard tables at 116 Broadway Street South, and Mr.. Ifaloney being before the Common Council, he was ques- tioned relative to the conduct of his place of business% President Pro Tem Cook announced that this wes the time and place fixed for a continued hearing and adjourned action on the proposed construction of a sanitary sewer in Third Avenue Southwest comecing at the manhole in the South side of the Sewage Lift Station and. running to a point 93 feet South of the South line of Sixth Street Southwest, and asked if there (va.s any person present who r,Ished to be heard relative to the said s anit ary sewer. There was no person present who wished to be heard in any matter concerning the said sanitary sewer.. Motion by Lemmon second by Wright married that the bids for the construction of the above mentioned sanitary sewer be rejected and that all further proceedings in the matter be abandoned and that the certified. checks which accompanied the said bids be released and returned to the bidders. The report of the Building and Electrical Inspector. for the month of November., 1924, showing building inspection fees collected in the amount of $19.00, and electrical inspection fees collected in the amount of $6.00, was read, and as the report of the Finance Committee to the effect that they had chec'ced the said report, accompanied it, President Pro Tem Cook ordered that the said report of the Building and Electrical Inspector be placed on file. The .report of the ?Milk Inspector for the week ending November 29th, 1924, was read, and President r.ro Tem Cook ordered that the same be Placed on file. The application of the William T. McCoy Post No. 92, American Legion, for permit to hold, Five and conduct public dances in the National Guard Armory on December 31st, 192/, and January 1st, 1925, was read. The following communication was read, and motion by Kitzinan second by Newhouse carried that _permission therein requested be granted and that the installation be made under the supervision of the City Engineer: :a� 785 " Dec. 1, 1924 To the Honorable Council, City of Rochester, Minnesota. Your permission is hereby respectfully asked for the installation of 2 curb gasoline pumps in front of our place of business located No. 4 4th St. SE, said pumps to be placed about 50 feet from corner of Broadway and 4th Street, Capacity said tanks to be 500 gal. each. Olmsted Motor, Co., By 1. H. Ri ckerman. " A representative of the Griswold Safety Signal Company talked before the Common Council relative to " The American Bobby " traffic signal, and motion by Newhouse second by Kittman carried that his proposition b6 re.ferred'to the Street r and Alley Committee and the City Engineer for Investigation and recommendations in the matter. The following communication was read, and motion by Newhouse second by Lemmon carried that the sum 'of $100,00 be appropriated from the General Fund and paid to Oscar Reiter, Treasurer of Veterans' Rospital Fund, to apply on expenses of a committee to go to Washington, D. C. in the attempt to secure this Veteran's Hospital for Rochester, Minnesota: The Mayor and the lion. Common Council, City of Rochester, Minnesota, Gentlemen - A Committee composed of members of the Rochester Civic Associ- ation and the American Legion has been working for sometime to get the U. S. Government to place in Rochester the One and a Half Million Dollar Tubur cu 1 ar Hospital The'pro*pects for same are very good and the Committee feels that a working fund is necessary in order to carry on the details of the work and to send a Committee to Washington to present Rochester's claim to the Director General, We should therefore like to ask that the Ron. Common Council appropriate the sum of One Hundred Dollars so that Rochester's claim for consideration may be as forcibly presented to the Director as that of other contending cities. Respectfully submitted, ?1. A. Beach, Secy• Civiv Assn., Arthur E. Reiter, - Command er-Wm.T -Mc Coy Post, American Legion. " The following communication was read, and motion by Newhouse second by Roeder carried that the same be placed on file: " November Twenty-ninth Nineteen Twenty-four TO THE HONORABLE CITY COUN C.TL : - I have appointed Doctor D. C. Lochead as Deputy Health Officer to succeed Doctor W. F. Bl ei fuss who has resigned. Doctor Lo chead is woll trained in health work- both by education and e:-perience and I respectfully ask the Council to ratify this appointment in order that we avoid all possible complications in carrying out the health worl, in the city of Rochester. C. H. MAYO. " 7 786 The following copy of resolution passed and adopted by the Public Utility Board, was read, and motion'by Lemmon second by Roeder carried that the same be placed on file: "Be it and it is hereby resolved by the. Public Utility Board of the City of Rochester that the amount of 5 11554.56 ( ELEVEN THOUSAND FIVE HUNDRED FLFTY FOUR DOLLARS AND FTFtY SIX CENTS) be transferred from the Public Utility Hind to the interest fund of the City of Rochester subject to the approval of the Hon. Common Council of the said City, same being semi- annual interest on Electric Light Bonds Nos. 1 to 650 ine, plus $8.00 for craft, plus $34.14 being aecnued interest on investment in local school bonds Plus $11.38 for funds advanced in paying accrued thterest on Library Addition Funds invested in local school bonds, less the following amounts of interest collected on following' investments: $41.25 on local school bonds, $1770*00 on Perm. Imp. Rev.Fund Bonds, $10.93 on Savings Acct., $828975 on Liberty Loan 13onds, $1775.00 on Minn. Bonus Bonds, $311.65 on Rural Credit Bonds,. Less 011. 38 return on Library Fund Investment . " The report of the Finance Committed to the effect that they had checked the October 1924 report of the City Tleighmaster and found the . same to be correct, was read, and President Pro Tem Cook ordered that the said report of the Finance Committee be placed on file -and that the said re- port of the City Weighmaster be pl&ced on file. .Alderman ?Bright introduced the following .resolution, which was read: "Be it resolved by the Common Council of the --City of Rochester, Minnesota: That the appropriation made by the Public Utility Board of the City of Rochester, 'Vinnesota, under date of November 28th, 1924, for the sum of $11,554.56, payable to the Tnterest Pand -of said City of Rochester, Minnesota, to apply on interest due January lst, 1925, on City of Rochester, 'dinnesota, Electric Light Bonds, numbered 1 to 650, inclusive, be and the said appropriation is hereby approved by the said Common Council. " Upon motion by Lemmon second by Wright 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. The following Committee report was read, and motion by Lemmon second by Kitzman carried that the same be placed on file: " 12-1-24 Hon. Mayor and Common Council, Gentlemen: The following Committee on 1�lnds for Sewage Disposal, beg to report as follows: Mr. 0. W. Riess has sold the West 20 acres of out lots No. 6, ,8,9 of Northern Add. He claims to have given $1000.00 and a mortgage for 5000.00, making ) 6000.00 or $300.00 1fer acre for 20 acres* We beg to recommend that the 20 acres be purchased if it can be secured for $$3000.00, otherwise we recommend that all that part of Lot 9 that lies Test of the City Dump Grounds be purchased or condemned. C. H. Armstrong, City Engineer. J. T. Lemmon, Alderman 2nd Ward. Chas. Wright, " Aldermen 3rd Ward. 787 Motion by Lemmon second by Wright that the license heretofore granted to M. P. Maloney for the operation of eight pool, and billiard tables in the building known as No. 116 Broadway Street South, be revoked, lost by the following vote: "Oes% Lemmon, Wright, "Nays", Kitzman, Newhouse, Roeder. Motion by Roeder second by Newhouse carried that the M. P. Maloney pool and billiard table 'license matter be referred to the License Committee for their further consideration and investigation, and report to this Common Council; the vote on the said motion being "Ayes", Kitzman, Newhouse, Roeder, "Nayys", Lemmon, Wright. ?Motion by Newhouse second by Roeder 6hrried that the above mentioned Committee in the matter of lands for Sewage Disposal Plant,be authorized and direct- ed to offer heir.* Riess 300000 for the 20 acres above mentioned and should he refuse it, he is to be informed that the same will be taken by condemnation. The following .report of the Sewer Committee, was read, and motion by Lemmon .second by Roeder carried that the same be placed on file: n 12--1-24 Hon. Mayor and. Common Council, The Sewer Committee beg to recommend that a sanitary sewer be constructed in 7th St. N.W. from the center of 6th Ave. N.W. to the center of 5th Ave. N.W. Wm. G. Roeder Chairman Sewer Committee. " Alderman Lemmon introduced a resolution fixing R o'clock P0.49 December 15th, 1924, at the Council Cheanbers, in the City Fall, in said City, as the time and place for a hearing on the construction of a sanitary sewer in Seventh Street Northwest commencing at the center of the intersection of Seventh Street Northwest and Sixth Avenue Northwest, and .running Easterly along the center line of Seventh Street North- west.to the center of the intersection of Fifth Avenue Northwest and Seventh Street Northwest, 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. Estimate No. 1 prepared by C. F. Armstrong, City Engineer, in favor of the Best Construction Company for the construction of the ,bridge on the Chas. Kurth road, showing the sum of $1302.78 as being due to said. contractors, was read, and motion by Lemmon second by Wright carried that the said estimate be placed on file. Motion by Newhouse second by Wright carried that the City Engineer be 'authorized and directed to secure the necessary labor and materials and cause reinforced concrete slabs to be placed on the cattle passes or.. the Chas. Kurth road. The following copy .of communication was read, and motion by Newhouse second by Roeder carried that the same be referred to the City Attorney for a ruling in the matter: 788 I " November 29th, . 19P4. Mrs. Marguerite T. Montgomery, Clerk of School District NO* 89 Rochester, 1:�innesota. Dear Madam: At about, 11:30 o'clock on November 21st, 19a+, Yr, E. F. Degel, Secr. etary'to the Superintendent of School District No. 8, brought to my office the orders covering the November 1924 school pay roll# and stated that he wanted them by 2 o'clock P.V* that day, at which my 'steno.grapher started to record them and at about 2 o'clock P.M. he came back to the'office and. tools a -way the said orders although she had only registered Nos. 5015 to 5103, -inclusive, and he took these orders away without allowing the balance of them to be registered nor any of them to be countersigned by the City Clerk or his Deputy• T. hereby respectfully request that I' be allowed to contersign these above mentioned orders as Sections 112 and 113 of the Charter of the City of Rochester, Minnesota, which we assume gdverns the appropriations made from school funds, provides: " No such order shall be paid unless so ccunter- si med. " A IMI1, P Yours truly, A. F. Wright, CTTY CLERK. cc - Mr. John J. Fulkerson, County Treasurer of Olmsted County. cc - Mr.. J. F. Stephan, President of Board of Education. " The following ruling of the City Attorney was read, and motion by Lemmon second by Newhouse carried .that the same be placed on file and that the City Clerk be instructed to serve copies of the same. upon the Treasurer. cf Olmsted County and the Clerk+of School District No. B. "In response to the question submitted by the City Clerk as to whether orders by the school board upon the county treasurer wovld be good without his signature, I would make the following comments: The City Charter of the City of Rochester, provides: "Section 112. In addition to the above powers and duties, the City Clerk shall countersign all orders drawn on the City Treasurer, or on the Treasurer of School District No. 8 of Olmsted County, .whether. issued by him or by any other officer or board authorized so to do. o "such order shall h., n�tid unle�,� �Q o �n#� rsi He shall keep s record of each such order so countersigned in proper books, by him to be kept, in such manner as to show at all times the precise state of the several funds of the City, and as the system of bookkeeping authorized by the Common Council msy.require." Section 113, the City Charter reads as follows, " The City Clerk is expressly prohibited from countersigning any order on the City Treasury or the Treasury of said School District No. 89 for the payment of any amount not a valid claim against the -city of such school district, of av which may have been incurred contrary to the provisions of this charter or the laws of the state, � Div vote of the ' council . or of_ r3nv oard to the con- trary notwithstanding." I can see no reason why the words, "-. no such order shall be paid unless so countersigned" should not be construed literally. These are directions to the county treasurer, .who is the school treasurer, by virtue of law. This position is enforced. by reading section 113. Tt has been suggested that chapter 10 of the City Charter, which is a reproduction of sub -chapter 10 of chapter 48 of the Special Laws of 1891 conflict with this T can see no legitimate reason for this deduction. Chapter 10 of the City Charter is part of the Charter of the City of Rochester, the same as that part which defines the duties of the City Clerk, and the direction that "no such order shall be paid unless so countersigned." It was all prepared by the same body of men and became oper- ative by the vote of the citizens of Rochester. t'a 4 It 789 � A. Chapter 10 was part of the old City Charter under the special laws of 1891, and in adopting o�apter 109 they absorbed section 14 thereof, but this must be read with the rest of the chapter and is no more important than that which applies to the duties of the clerk. Section 1.12 and 113 of this Charter. The Charter Commission and the Citizens in adopting this new Charter, coilld as well have wiped out chapter 10# We therefore have either two statutes conflicting: or both can be read into the law and construed together. After reading- sections 1.14 and 113 with the rest of the Charter, no reasonable mind can doubt that the Charter Commission and the Citizens adopting the Charter intended to have every order of the school board scrutinized by the city clerks 'and h,a;%e his opinion as to its legality evidenced by his endorsement before the county treasurer ( school treasurer) .would be authorized to pay it. This does not impose upon the clerk any discretion but simply a judgment as to the legality, and anyone, who is familiar with the city departments, can well see the t;dvantage in having the order pass under the general inspection of the city clerk, and the further advant9ge of having his office show a record of the funds and balances of the school board, leaving the order of bookkeeping under the direction of the city council. The old Charter, that is the special laws of 1891, did not have this supervision requiring the city clerk to endorse the. order, thi s. makes it very appar- ent that phis was inserted intentiallye Ycu must. keep in mind that section 14 of subchapter 10, Laws 1891, as carried into the new Charter, is a grafted section and like an instrument, where part is written and part printed, the, written part controls. The Charter Commission and Citizens did not intend to repeal, but to add, not necessarily a conflicting clause, but an additional safe guard, when they added section 113 and 114 authorizing the scrutiny and signature of.the city clerk• You must keep in mind this subdivision 10 of chapter 48 is only one sub- division out of the Charter, which was rewritten and recompiled, but under the new. Charter, under which we are acting, could have all been repealed as well to have left tlxo clause "it is hereby continued in force". The two provisions must be read together and the intent is what controls and. there can be absolutely no doubt about the intent. A The power given by the constitution of the state of Minnesota, to cities to write their own home rule charter, slthough the language in the constitution might at first flash intimate the contrary, allows a home rule charter to repeal a former home rule charter, and also acts of the legislature where it applies to their oven community, and where the legislature have not restricted them specially, none of which apply in this case. The constitution provides, '" but such charter shall always be in harmony with and subject to the constitution and laws, -of the state of Minnesota ", but as was said in the case of Park vs City of Duluth, 134 Minn. Page 2999 " The power conferred upon cities to frame and adopt, their own charters is limited by the provision that such charter shall always be in harmony with and subject to the Con- stitution and laws of the state." This does not prohibit the people of a home rule city from adopting a new municipal program which may be inconsistent with existing state laws* It can easily be seen that in framing a home rule charter, if the community was required to only pass those in harmony with the laws` of the state of Vinnesota, o-nd could not legislate independently, there certainly would be nothing accomplished by a new charter for it would necessarily run crosswise to some laws. The new charter of the city of Rochester wipes out the old charter and wipes out the power of the school board so far as necessary for this charter to go into effect. _ My conclusion is that the county treasurer, acting as school. treasurer, should pay no orders that do not bear the signature df the. city clerk of the city of Rochester, out of money belonging to the 'city, and that the city clerk should perform his duties as required in sections 112 anal 113. Respectfully submitted, Thos. Fraser, City Attorney. • " 790 Aldermen Lemmon introduced the following resolution, which was read: "ZTTERFAS, the City of Rochester, Minnesota., has heretofore entered into contracts for meking local public improvements in said City . in the year 1924, which improvements are to be paid for out of the Permanent Improvement Revolving hind of said City from the proceeds of the special assessments, levied by' the Common `Council, of the said City, in the year 1924 ; And, Whereas, there is not sufficient money in said Permanent Imp.rovemer_t Revolving Fund to make the payments for the said local improve- ments as the same becomes due; And, Whereas, the Common Council of the City of Rochester., Vinnesota, deem it necessary for the purpose of maintaining said Permanent Improvement Revolving Fund and providing money in advance of, and in antici- pation of the collection of special assessments levied by said Commorl Council of said. City of Rochester, Minnesota, to issue, negotiate and sell the Bonds of said City of Rochester, 14innesota, to the aggregate amount of Ten Thous- and ($109000.00) Dollars. Fors Therefore, Be it and it is hereby resolved by said Vommon Council: That said Common Council, for the purpose aforesaid, do and (foes issue the bonds of said City of Rochester, Ifinnesota, in the aggregate amount of Ten Thousand Dollars. Said bonds shall be in denominations of One Thousand Dollars each, and numbered from 301. to 310, both numbers inclusive, all payable to bearer, and the sum of T.-n Thousand. Dollars of the principal of said bonds shell be clue on or before ..January 1st, 1929, provided however, that in case. said City of Rochester, Vinnesota, desires to pay any of said bonds at any time before due and the Mayor and Common Council of said' City, on or before any interest payment date causes sufficient money to be -set 'apart in the City `Preasury of the said City to pay the interest and princi- pal due thereon, in full to such interest payment date, no interept shall accrue thereon, thereafter. Said bonds shall bear date January 2nd, 1925, and interest at the rate of four and one-half (4 1) percent per annum.=from said date, payable semi-anni.iflly on July 1st, and January lst, each year, staid interest is to be evidenced by coupons attached to said bonds. .All principal and interest shall be paid at the office of the City Treasurer of the City of Rochester, Afinnesota,' out of the Permanent Improvement Revolving Fund of said City, and if there be not sufficient moneys in said fund for that purpose, then out of the General Mind of said City. The said bonds and interest coupons thereto attached shall be substantially in the -following form, viz: UNITED STATES OF AIJERI CA COUNTY OF OLMSTEDa_ STATE OF >!! MESOTA9 CITY OF RO CIMSTER . Permanent Tmprovement Revolving; Fund Bond. No. $1000.00 KNOW ALL VE.'N BY THESE PR)ESENTS: That the City of Rochester in the County of Olmsted and State of Minnesota, ac':rnowledges and certifies that it is indebted to, and, hereby promises to pay to, the bearer, on or. before January lst, 19299 the sum of One Thousand Dollars, together with interest on said sum from the date hereof until paid at the rate of four and one-half (4 -) percent, per annum, payable semi-annually on the first day of July and January in each year hereafter, both principal and interest payable in lawDil money of the United States of America, at the office of the City Treasurer of the City of Rochester, Minnesota, out of the Permanent Tmprove- ment Revolving Fund, of said City, or if there shall not be sufficient moneys in said fund to pay the same when due, then out of the General Fund of said City, and for the prompt payment of this Bond at maturity, with interest at aforesaid, the full faith and credit of the said City of Rochester, �Tinnesota, is hereby pledged; provided, however, that in case said City of Rochester, Vinnesota, desires to pay this Bond at any time be- fore due., and the mayor and Common Council of said City on or before any interest payment date causes sufficient money to be set apart in said City Treasury to :pay the principal and interest due hereon in full to such inter- 791 est payment date, no interest shall accrue hereon thereafter. This bond is issued for the purpose of maintaining the Permanent Tmprove- ment Revolving 1kind of . said City, and for the purpose of providing funds in advance of, and in anticipation. of the collection of moneys to be derived from• special assessments heretofore levied but not paid for the making of local improvements in the year 19?4. Tn Witness Whereof the City of Rochester by its Common Council has caused this Bond to be signed by the Mayor and at+,ested by the City Clerk and the corporate seal df the City to be affixed,hereto.and has caused the annexed interest coupons to be signed by said Mayor and City Clerk do, by the execution hereof adopt as and to their own proper signatures, their facsimile signatures, appearing on said coupons, all this -January 2nd, 1925. 2i yor OF said City. Att.e st City Clerk of said City. " No.___ _ _ __ On the First day of ,july ( January) , 19_ . $22.50 The City of Rochester, in the County of Olmsted, and State of Minnesota, Promises to pay to bearer Twenty-two Dollars, Fifty Cents, at the offl ce of the City Treasurer of the City of Rochester, Ifinnesota, for interest due on that day on its Revolving Fund Bond, No. Dated January 2nd, 1.925. ' Mayor of said City. Attest: City Clerk. Be it ' further resolved by the said Common Council: " That the 1fayor and City Clerk of said City are hereby authorized to make prepare and execute the Bonds of the City of Rochester in ,accordance herewith. 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 Kitzman introduced a resolution. granting permit to William T. McCoy Post No. 92, Anieri can Legion, 'to hold, give and conduct public dances in the Notional 'Guard armory on December' 31st9 1924, and January '1st, Y901-50 and fixing the fee at the sum of $?.00, which was read. Upon motion by Wright second by Roeder that the said resolution be adopted as read, and all voting in favor thereof, President Pro Tem Cook declared the said resolution duly passed and adopted. Alderman Roeder introduced a resolution appropriating w60b.42 from the Permanent Tmprovement Fund and ordering payment made to the Mayo Trust Fund for. Pay rolls for labor for work on the construction of the residence of the Superin- tendent of Parks, in accordance with sworn billing made by f`Jm. Ehke, Secretary of the Park Board, under date of December 1st, 1924, which was read. Upon motion by Roeder second by Wright that the said resolution he adopted as read, and all voting in favor thereof, President Pro Tem Cook declared the said 792 resolution duly passed and adopted. Alderman Newhouse introduced a resolution appropriating 1,1477.62 from the Park Tmprovement Fund and ordering Payment, made to the Vayo Trust Fund for. pay rolls for labor for the per, r. period during the weeks ending November 7th, 1924, to November 28th, 19241 in accordance with sworn billi.ng i made under date of December 1st, 19PJ, by Wm. Enke, Secretary of the Park Board, which was read. - Upon motion by Lemmon second by Kitzman that the'said resolu- tion be. adopted as read, and all voting in favor, thereof, President Pro Tem Cook declared the said resolution duly passed and adopted. A communication from Sam M. Andrews, City Recorder, of Far.i- baulto Minnesota, asking for support in the promotion of an amendment off'the �a present election law$ which allow a compensation of 25 cents and 39•cents per hour for election judges and clerks to a higher fixed maximum, was read, i and motion by Newhouse second by Wright carried that the City Clerk be in- structed to .request of Ilon. Allen J. Furlow and Hon. H. P. Christensen, that 5 t at the next, session of the State Legislature, they give their support tot e amendment of Paragraphs 5 and 6 in Section 5349 of the General_ Election Laws 6 , of the State of Vinnesota, insofar as they apply to cities of the third class,to the effect that the compensation -for judges and clerks and special peace officers of election be fixed at a maximum not to exceed 50 cents per hour, with the privilege that each municipality may pay as they see fi'. up to that amount. The following claims were read, and motion by Lemmon second by Wright carried that the same be allowed and that the U[ayor and City Clerk be authorized and directed to draw warrants upon the City .Treasurer and make payment accordingly: From the General Fund: A. F. '.'Fright, $1.20; The Schmidt Printing Co., $48,60; Miller -Davis Co., $4.78; M. E. Mulvihill, $7.50; Dr. W. F. Bliefuss, $6' ..50; Dr. W. F. Bliefuss, $10.50; $3.15; Co., 0142.31. F-, om the Street and Alley Fed: From the Fire Protection Fund: Construction Machinery Co., American LaFrance Fire Engine Or. motion by Lemmon second by Wright Council adjourned to December 15th, 19249 at 8 o'clock P.V. CITY CLERK .