HomeMy WebLinkAbout08-31-1925y
ra "; Minutes of an adjourned regular meeting 'of 'the Common Council 'of the
City of Rochester, Vinnesota, held in the Council Chambers, in the City IF8119
in said City, on August 31st,' 19251, at 8 o'clock P*M. '
Meeting called to order by President Weeks. '
Roll Call: Present: Weeks, Adler, Bach, Cook, Ki�zpan, Postier,
Wright: &sent: Nonea
Motion by Kitzman second by Cook carried that the minutes of the
meeting held on August ?�+th, 1925, be approvedi
i!I President Weeks announced that this was the time and place fixed for
a hearing on the grading and paving of the alley in Block 46 in Original Plat,
and .asked if there was any person present who wished to 'be heard:
There was no person present who wished to be_ heard relative to the
said grading and pavingi
President Weeks announced that this was the time and place fixed for
a hearing on the paving and curbing of Seventh Street Southwest from.the Rest
line of Ninth Avenue Southwest to the East line of Tenth Avenue Southwest,
and asked if there was any person present who wished to be heard relative to
the said paving or curbing:
;
There was no person present who wished to be heard but a remonstrance
{
against the said paving and curbing signed by Mrs G. Schwartz, F. R. Finch,
"! R. F. Finch, Howard H. Hartman, and Walter B. Tillinghast, was read, at which
yi motion by Adler second by Wright carried that farther proceedings in the paving
and curbing of Seventh Street Southwest as above described, be abandoned4
President Weeks announced that this was the time and place fixed for
a hearing on the construction of curb and gutter on Sixth Street Southeast from
'Third Avenue to Fourth Avenue Southeast, and asked if there was any person
j
present who wished to be heard relative to the said curb and gutter:
There was no person present who wished to be heard relative to the
!
said improvement:
This being the time and place fixed for the opening of bids for the
grading and paving of the alley in Block 46 in Original Plat, the following
i bids were opened and read:
Feller Bros., - Completed pavement per 046 Yd. $2.24, grading 90
cents per cuo, yd., loose rock excavation $2.00 per cu4 yd., solid rock excava-
! tion $3.00 per cui yda ;
John J. Kerr, - Completed pavement per sq. yd. $2a30; earth excava-
tion $1a00 per eu& yda, loose rock excavation $1.509 solid rock excavation
$2.50 per cue yde.
! On motion by Adler seednd by Bach the above mentioned bids were
referred to the City Engineer for tabulation and recommendations.
WX
395
.t .
The bid. of Feller Bros: for, the paving and curbing of Seventh Street
Southeast, (evidently meant for a proposal on the paving and curbing of Seventh Street
Southwest, 'as above described),, was. opened and read., but pursuant to the above abando -
ment of farther proceedings, no action was.tsken on the said proposal; the bid being -
completed pavement per sq 'yd., $2 37,:completed curbing.45 cants per lineal ft., loose
rock excavation $2 OO.per cui yd., solid,.rook.excavation $3.00 per cu. yds
On motion by Postier second by Cook the certified check of Feller Broso
which accompanied the above tmentioned proposal for paving and curbing of a part of
Seventh Street Southwest, was ordered returned to theme
This being the time and place fixed for the opening of bids for the furni6.
-'
t
ing of forty.(40) tons of asphaltic cement paving filler, the following bids were.
(yy .
opened and -read; the said paving filler to be subject to test as provided in Bulletin
314, U. S: D: of A., .Pages 18, 19, 25 and. 29 andL T. M., Standard Method Serial
Designation D-36-19: s
Standard Oil Company Stanolind paving filler *@ $27 10 per ton, Y4 0. B.
Rochester, Minnesota;: the said bid carr3ting the specifications for that brand of pav-
<`=
ing filler;
`r
The Barber Asphalt Company sco block filler ® $38120 per ton with the
said proposal carrying a certificate of analysis showing the characteristics of enaa
block filler.
On motion by Kitzman second by Cook the said bids were referred to the Cit;
Engineer for tabulation and reoommendationss
This being the time and place fixed for the opening of bids for the furnis.'
ing of 200,000 30 vertical fibre out paving brick F. 0. B. Rochester, Minnesota,
of a size and dimension known and designated as No. 1 pavers, the following bid was
opened and reads
The PurinSton Paving Brick -Company - #1--3" vertical fibre brick of which
tt takes 38 to lay a sqs yd, $36.05 per M:, #1--3" vertical fibre brick of which
it takes 34 to lay a sQe yd.`, $39#71 per Mi
The following report on the above mentioned proposals for the furnishing
of.paving filler, was read, and on motion by Kitzman second by Wright the same was
ordered placed on file: d
" 8 - 31 - 25
Honorable Mayor & Common Council,
Gentlemen:
i beg to report that the proposals to furnish brick filler
are as follows:
Standard Oil Co., 40 ton $ 108400
Barber Asphalt Co., 40 ton 1528.00
j The Barber Asphalt Co. bids in accordance with specifications
while the Standard Oil Co., bids their own specifications and do not com-
ply with specifications although there is a difference of $11.610 per ton
in #be bid:
-Respectfully,
Co H. Armstrong,
City Engineer: "
396
Motion by Postier second by Cook carried.that action off the above
mentioned proposals for the furnishing of paving filler be deferred to 6 o'clock
A. M., Peptember 4th, 19254
_. On motion by Postier second by -Cook the above mentioned proposal &e
for the. furnishing of paving brick .was referred to the City Engineer for tabu-
lWon,and recommendation:
The following report'on $.he proposals for the paving and grading of
the alley in Block 46 in Original •plat, - was read, and on motion by Cook second
by Adler the same was.aecepted and•ordered placed on file:
•" 8-31.-25
i Hon: Mayor & Common Council
Gentlemen:
. I.beg to report that Feller•Bros. is.low bidder
for paving at alley in Block 46 in 0.. P, _ -
4 C. HT Armstrong,
City Engineer. "
�I Alderman Cook introduced an ordinance to amend an ordinance entitled,
" An Ordinance establishing fire limits and providing for All matters, regulat-
ing the construction, maintenance, alteration, demolition and removal of build -
Ingo and other structures erected or to be erected within the City of Rochester,"
which was given its first r e ading@
J. 0. Nelson, C. F. Dabelstein, A. G. Whiting and John MeG. Miller
asked that careful consideration -be taken of the effect that the passage of
this�s�endment will have on the local building program, at which motion by Cook
second by Wright carried that.further action on the said proposed amendment be
deferred to September Sth, 19259 at 2 'o' clook P.M.
Alderman Cook introduced a•resolution.determining to adhere to all
former resolutions relative to,the paving and grading of the alley in Block 46
in Original Plat, which was read
a a a s
upon motion by Cook second by Wright that the said resolution be
adopted as read, and all voting in favor •thereof, President Weeks declared the
said resolution duly passed said adopted@
Alderman Cook ,introduced :a resolution accepting the above mentioned
proposal of Feller Brosvi for the grading and.paving of the alley running North
and South across Black. 46 in Original Plat, and fining the amount of thebond
to be . given by, the said contractor at the. sum. of $1500.009 which was readi
Upon motion by Cook second by Wright that the said resolution be
adopted as read, and all voting in favor_ thereof, .President Weeks declared the
said'resolution'duly passed and adopted4
The following copy of resolution passed and adopted by the Public
Utility Board of said City, was read, and Eugene Sehwar'z, Superintendent of
397
the Water Department, explained the necessity for. such action, at which'motion by
Cook second by Kitzman carried that the said copy of resolution be placed on file:
"WHEREAS on. August 25th last, the Sullivan Air Compressor at the City
Water Department was so damaged as to render it of no _further use thus curtailing
the supply of water from the deep wells, and
WHEREAS, because of a possible shortage of water an emergency confronts
the Public Utility Board
NOW THEREFORE, be it and it is hereby resolved by the said Publid Utility
Board that it does hereby, petition the Mayor and -the Von. Common Council in this
emergency measure to authorize the following action of the Board -
That the said Board .purchase of the Sullivan Machinery Company of Michi-
an City, Indiana, an Sir Comipressor similar to the one damaged at a price of.
3450.00, F.O.B: Rochester and that, the damaged compressor, the repair of which is
deemed inadvisable by the Public Utility Board and the Superintendent of the Water
Department, be returned; to the..said Sullivan Machinery Company and that the said
Board receive a credit in the. amount -of 050.00 toward the new machine leavinf a
- balance of $2500:00, plus `$110;00 for an unloading device on thenew machine:
Alderman Adler introduced the following resolution, which was read:
R "$e it resolved by the Common Council of the City of Rochester, Minnesota:
That thin Common Council does hereby appr ve the authority for the pur-
chase of one Sullivan air compressor, at a price of 93450001 the purchase of the
said air compressor being deemed an. emergency and the transaction was made as pro-"
vided for in Section 284 of the Charter of the said City of Rochester, Minnesota:
Upon motion by 'Wright second by Cook that the said resolution be adopted
as read, and all voting in favor thereof,. President Weeks declared the said resolu-
tion duly passed and adopted:
Motion by Kitzman second by Wright carried that the certified check of
the unsuccessful bidder on the above mentioned paving and grading of the alley in
Block 46 in Original Plat, be returned to himi `
The following report of the City Engineer on the above mentioned proposal
for the furnishing of paving brick, was read, and on motida by Postier second by
Cook the same was aocepted and ordered placed on file:
8-31-25
Hon: Mayor and Common Councils
Gentlemen:
I beg to advise that the Vid of the Purington Paving Brick
Co. be accepted for Vrnis�ing paving brick and that the price of
$39.71 for brick -to lay 34- to the sqi yde be accepted - on the basis
-of no* of yds. laid in place: Broken brick and Batts not to count.
Respedtfdlly submitted,.
C. H . Armstrong,
Oity ` Engineer. "
The report of the Clerk of the'Municipal Court for the week ending
August loth, 1925, showing criminal fines,cdllected in the amount of $45:00, and
divil fees received in the mount of $24359 and for the week ending August 17th,
192% showing criminal fines collected in the amount of $43:70 and civil fees reeeiv
ed in the amount of $12.40, and for the week ending August 24th, 1925, showing crim-
inal fines collected in the amount of $1484000 civil fees received in the amount of
$2.35 and Olmsted County fees received for the month of July 1925 in the amount of
a
i •
$114.70, were each separately read, and on motion by Cook second by Adler the
same were referred to the City Attorneyti.
The application of T. A. Perkins for a hotel bus license, was read,
and on motion by Kitzman second by Wrt#ht action thereon was deferr4d until
such time.as an amendment to the bus ordinance that will provide for public
liability and property' damage insurance, is effective.
The ,application of the Standard Oil Company for permit to place and
maintain a sign on the boulevard in front of the property known as 203 Fourth
Street Southeast, was read, and on motion by Postiex;second by Wright permik
was granted.
The application of the H. & H. Electric Co., for an electrician's.
'license, was read, .and on motion by Adler second by Postierr, license was grant -
ads•
The electrialan's license bond of the H. & H. Electric Co: with 0. G.
Hanson and Son and Wm* Ji Diedrich, as . suraties thereon, each in the amount of
$1000.009 a" read, and on motion by Postier second by Cook the.said sureties,
were accepted and the said bond approved and ordered placed'on files
The following applications for permits to hold, give and conduct
Public dances were each separately reads
'
Sunshine Club at A. 0: II. W. Hall, ow September 7th and 21st, 1925;
Fifty -Fifty Club at Woodman Hall, on September 8th and 22nd, 1925;
Queen City Club at A. 0. U. W. Hall on September 2nd916th and 30th,
1925;
The Junior Club at Woodman Hall on September 3rd and 17th, 1925a
Alderman Bach introduced the following resolution, which was reed:
"Be it resolved by the Common Council of the City of Rochester, Minne-
sot a:
That the proposal of The Purington Paving Brick Co. for the furnish-
K
ng of 200 ,000 3 vertical -fibre cut paving brick F. 0. B. Rochester, Minna -
i "
sots, in accordance with the specifications therefor, which are on file in the
oMce of the City Clerk of said City, viz: '
#1 - 3" vertical fibre brick of which it takes 34-� to lay a square.
yard, $3971 per Mi,
be and the said proposal is hereby accepted*
The amount of the bond to -be given by the said contractor is hereby
fixed at the stun of $80004004
IIpop motion by Cook seoond by Adler that the said resolution be adopt-
ed as read, and all voting in favor thereof, President Weeks declared the said
resolution duly passed and adopted*
� f
A petition signed by FArl H. Rommel, G. A. Smalley, Max Schrieber,
R. Nietz, Will Holm, F. H. Bliss, Albert Smalley And Mrs. Mary Spencer asking
• e
that Seventh Avenue Northeast from Center Street East to the Rigi$,!-of way of
the C. & N. W. Ry. .Co., be treated with calcium chloride, was read, and on mo-
tion by Cook second by Bach the said petition was ordered placed on file and
y the City Engineer was instructed to secure the necessary labor, materials, etc:
399
and treat the
said part
of Seventh Avenue
Northeast
as petitioned
fore,
A
complaint
signed'by.�Julius
J. Reiter,
and Julius J.
Reiter as agent for
Wm. Friedell, relative to the"condition of the barn on the Dr. Chase T. Granger pro4w
-perty, located'on Third .Street Southwest, was read, and on motion by Kitzman second
by Cook the same was referred to the Health Department for investigation and remedy.
The following.demand was read, and on motion by Bach second by Adler
the same was referred to•the City Attorney:
" DFa'6�AND.
I hereby demand from the City of Rochester payment of compensation under
the compensation law of the State of.Minnesota at the rate of twenty dollars per
week from and after June 1st, -715:5 up to and including the date of this demands This
demand is based on the. personal injury received by me while in the discharge of my dut
as a policeman for the City of Rochester at the.hands of one Fred Krahn Jr. on the 30t
day of March, 1925 at which time he struck me with his automobile. Payment of com—
pensation due for said injury in acknowledged from the date of said injury up to June
1st, .1925. This is to notify you that unless this compensation now due is paid with—
out. delay action will be taken to enforce payment
Dated st..Rocliestert,.Miunegota, this 31st day of August, 1925:
John Ploof
Rochester, Minnesota: "
A noticeafrom
the:Railroad
and Warehouse
Commission
of
the State
of
Minnesota., that a hearing
will be helot
at Rochester,
Minnesota,
on
September
16th,
1925, at one o.'olock P:Me on the petition of the Co & ke We Rye Co. for authority to
discontinue its passenger ..train No: 507 leaving Winona at 2:45 P.M. and arriving at
Rochester at 4:40 P.M., .and train No: 6-leaving Rochester at 3:10 P.M. and arriving
. � a
at Winona at S:OO,P.M.,_ was read, and on motion by Cook second by Kitzman the same
was ordered placed on file:
The certificate, of. Aaiel L�i Glabe, County Auditor, that he did receive
the .1925 assessment book from James' Kelly, City Assessor, under bate of August Nat,
1925, was read, and on motion by Cook second by Wright the said certificate was order-
ed placed onafile.
The following copy of resolution was read, and on motion by Cook second
by Wright the same was ordered•plaeed on file:
"Be it and it is hereby resolved by. the Public Utility Board of the City
of Rochester, Minnesota, that.the contract for the furnishing to the C6ty of Rochest
of one Burroughs Seventeen Column Duplex, Public Utility Machine in accordance with
specifications contained in Notice of Bids therefore together with certain parts and
egy*pment as contained in . their bid at a price of SIXTEEN HUNDRED AND SIXTY .FIVE
DOLLARS ($1665.00.) F. 0. Be Rochester, Minnesota`
Bait and it is hereby further resolved by the said Board that the Hon.
Common Council be and is hereby 'asked to authorize the above contract: "
President Weeks added the Mayor to the Committeewhich was heretofore
appointed fora conference with 'a Committee from the County,Commissioners of Olmsted
County relative to claims which the County has against the City of Rochester; and the
claim which the City of Rochester haq against the County, at which motion by Postier
O-econd by Cook carried that this -Common Council requests that the Mayor serve on the
400
1 above mentioned .. Committee and that he use his influence. toward an arrangement
P that. the County of Olmst4id, .through its proper officials, shall not regUlfE
that fines for speeding and other traffic fines collected through the local
Municipal Court shall not .be paid over to the County of Olmsted but shall relb
main in the local City Tressurr, to assist in the paying of the administration
1--of police supervision over such:
The following Committee report was read, and on motion by Kitzman
second by TrigXt the same was ordered placed on file:
" a--31-25
Honorable Mayor
and Common Council:
II Gentlemen:
Your committee in the matter .of wane method to relieve
:the dust situation on 4th St. Si E.,- To He Noi 7, beg to report
as follows:
The Committee having met with the' Dist. Maintenance
Rnr;.r. of the M. H. D. have arranged to treat the street to one
application of Dow Flake. The cost estimated at $100,00 to be
-_divided equally between the City and the State:
We beg to offer this report, and request that your Ilonor�
able - Body desigtiate such further action as may in your opinion
y • be advisable@
Sincerely,
} John J. , Cook
•-CoH. Armbtrbng
City Ewa .
Motion by Bach second by Adler carried tliat_: the certified eheok of
the Ceinden Construction Company_ who were the unsuccessful bidders. on the. prop
posals to construct a sanitary sewer which were opened August 24th, 1925, be
returned to theme
Copy of .requisition made by the Health Officer upon St: Mary's Hospi
tal for Isolation Hospitalservices in the establishing, maintaining and r. eleas-
ing of quarantine. in the case of Kathryn Moore, as a typhoid fever patient, was
read, and on motion bar Cook second by Bach the same was ordered placed on files
A petition that a street light be. installed on Eighth Avenue - Souther
east between Eighth Street SoutheastBinth Street Southeast, was read, and
on motion by Kitzman second by Cook the l'same was referred to the Lighting Com-
ma.-i;tee:
The recommendation of the License Committee that a driver's license
be granted to Darrell, P. Abolt, . was read, and on motion by Cook second by
Wright the said Committee report was sccepted and placed on file, and' a driver's
11 license was granted,to Darrell P. Abolti
The City Engineer submitted specifications and estimate of cost for
401
fifty (50) tons of paving asphalt and two hundred (200) ton of crushed granite or trap
�I
rock, which were considered by the Common Council, the estimate of cost for t1i e. s Lei d
i paving asphalt being $1250 00, and for the crushed gYanite or trap rock $620,00,
i On motion by Cook second by Adler the City Engineer was authorized to buy
I
j the said crushed granite or trap rock in car load, lots,
The: City I.,nginesr. submitted specifications and estimate of cost for a
complete asphalt mixing plant, which were considered by the Common Council, tF - e sF-Lid
e,,,timate of cost being,1000 yard capacity plant $8500400 , 700 yard capacity plant
16500.00 and a special material plant suitable for patching $1500.00* i
i
Alderman Postier introduced the following resolution, which was read:
"WHEREAS,the Common Council of the City of Rochester, deem it expedient
and necessary that a complete asphalt mixinr plant be purchased for use of said City, j
and I
WHEREAS, Chas. H. Armstrong, City b�igineer, having prepared plans, speci-
fications and estimate of cost for A',00mplete asphalt mixing plant;
SO THEREFORE, Be. it resolved by the said Common Council: j
That the said plans and specifications be adopted as the p18ns and speci-
fications for the said asphalt mixing plant and that the same be placed on file in
the office of the City Clerk of said ,City, and that the said estimate of cost be
placed on file in the office of the City Clerk of sidd. City;
Be it further resolved by the said Common Council: That the City Clerk
of said City be and he is hereby authorized and directed to advertise for bids for i
the furnishing of the said asphalt mixing plant in accordance with the above mention-!
;fed plans and specifications, the said bids to be opened at a public meeting of this j
Common Council which is to be held at 2 o'clock P.M., on September 8th, 1925; propos-
als to be solicited on the various types of machines; j
-Each bid must be accompanied by a certified check upon some reputable
bank drawn payable to the Mayor of the City of. Rochester, Minnesota, for at least
ten (10), percent of the.amount of the bid, which check and the amount of money speei-;
C fled therein shall be forfeited to the said City of Rochester as liquidated damages �
Jiif the bidder upon the letting of the contract to him shall fail to enter into the
;) contract so let. The said Common Council reserves the right to reject any and all
I� bids, "
Upon motion by Cook second by Bach that the said resolution be adopted
as read, and all voting in favor thereof, President Weeks declared the said resolu-
�tion duly passed and adopted.
Motion by Cook second by Adler carried that the previous motion relative
to authority for the City Engineer to purchase crushed granite br trap rock in car
load lots be reconsidered.
Motion by Cook second by Kitzman carried that all further proceedings
relative to the purchase of crushed granite or trap rock and paving asphalt be aban-W
donedo
i
The City Engineer submitted specifications and estimate of cost for three
automatic traffic control signals, -which were considered by the Common Council, the
estimate of cost for the said traffic control signals being $41;00,00a
i' Alderman Adler introduced the following resolution, which was read:
"WHEREAS, the Common Counsil of the City of Rochester, Minnesota, deem it
l expedient and necessary that three automatic traffic control signals be purchased and
installed in said City, and
WHEREAS, Chas. H. Armstrong, City Engineer, having prepared and submitted
i
I
402
plans, specifications and estimate of cost for various types of automatic
traffic control signals;
SO THEREFORE, Be it resolved by the Common Council of the City of
Jochester, Minnesota: That the said plans, and specifications for the said.
automatic traffic control signals be and the same are hereby adopted as the
plans and specifications for t1& sai.d signals and are hereby ordered placed on
file in the office of the City Clerk, and the said estimate of cost is hereby
ordered placed on file, in the office of the City Clerk of said City;
Be it further resolved by the said Common Council: That the City
Clerk of said City is hereby authorized and directed to advertise for bids for
the furnishing of various types of automatic traffic control signals in accord-
ance with the above,mentioned plans and specifications, the said bids to be
opened at a public meeting of this Common Council which is to be held on Sept-
ember 8th, 1925, at 2 o1clock P.M.
Each bid must be accompanied by a certified check upon some reputable
bank drawn payable to the Mayor of the ' City of Rochester, Minnesota, for at
' least ten (10) percent of the amount of the bid, which check and the amount of
money specified therein shall be forfeited to the said City of Rochester as
liquidated damgges if the bidder upon the letting of the contract to him shall
fail to enter into the contract so lets The said Common Council reserves the
right to reject any and all bids. "
Upon motion by Cook second by Adler that the said resolution be
adopted as read, and all voting in favor thereof, President Weeks declared the
i
! said resolution duly passed and adopted:
A report of the estimate of cost of constructing a diversion channel
for a part of.Silver Creek, was submitted by the City Engineer, at which motion
by Bach second by Cook carried that the said estimate of cost be referred to a
Committee to be appointed' by the Chair which Committee shall view the premises
and make recommendations in the matter, at which President Weeks appointed
j Aldermen Bach, Wright and Kitzman, the City Engineer and the City Attorney as
members of the said Committees
i
;i The recommendation of the Water Committee that a water main be laid
ii in Seventh Street Northwest from the West end of the present main to Sixth
Avenue Northwest, and thence North in Sixth Avenue Northwest to in front of the
residence of E. L. Dornack, was read, and on motion by Cook second by Wright
I
the said recommendation was accepted and ordered placed on file, and the City.
Clerk was instructed to request of the Public Utility Board that installation
i� be made accordingly.
i
The following ruling made by the City Attorney was read, and on motio
by Cook second by Adler the same was ordered placed on file:
" August 31 st, 1925:
Mr. As F. Wright, City `Clerk,
i Rochester, Minnesota.
j Dear Sir:
I have your inquiry of this date wherein you request a
ruling as to the procedure for the Chief of the Fire Department
regarding the purchase of supplies, etc. for his department, especial
ly in the futurei
Section 275 of the City Charter defines the word "Contract"
to be every agreement, in writing or otherwise, executed or execu-
i�
Cory, by which any commodities, work, or service are to be furnished
403
to or done for the City, and every transaction whereby an expenditure is
made or incurred' on the part of the City or any department or any officer
II thereol:
Section 6 of the Charter • 2'] provides as follows.
The first step toward mak-.ng such a contract, shall be for the `
Common Council or Board charged with the duty. of making such contract, to
have the cost of the proposed coAodity, work or service to be estimated
and determined by such officer, employee or other person or persons as it i
shall deem best.
If such estimated cost does not exceed five hundred ($500)
dollars. the Common Council or Board, in whose hands the matter may be,
may direct that the commodities, work or service be procured by or through
the proper department or officer, without advertisement And public bids.
These two sections of the City Charter are very clear and speak
for themselves and should need no explanation. It naturally follows that
the procedure as outlined in the above section is the only lawful manner
in which contracts may be entered into and this of course applies not onlyll
to the Chief of the Fire Department, but to all other departments and 0 i
Boards of the City as well, The so-called "Split Invoice" system as a
means of evading siihilam provisions of many Charters has long been in
vogue, but it is not always held in high esteem as it opens up the door to
Baud and sometimes leads to rather embarrassing situations for the
parties who indulge in that pastime. I realize that at times, the differs
ent departments of the city are handicapped in the purchase of supplies
and materials by the limited provisions of our City Charter, but until
these limitations are removed or extended, it would bi well to have all
City or departmental purchases handled in the -manner provided by the
Charter. I might add that there is a provision of the City Charter,
which enables department heads to go Anto the open market to purchase
materials, labor and commodities when the need arisestj Section 284 pro-
vides as follows:
In case of emergency, and when the delays occasioned by the
strict compliance with this charter relative to the furnishing of com-
rodities, or performance of work or services, will cause great damage to
the public interest, or endanger public safety, the head of any depart-
ment, with the written approval of the Mayor, may make necessary repairs
by day labor and procure materials therefor in the open market.
It should be noted, however, that this section deals only with
emergencies and has no -bearing on the ordinary purchases made by a City
in the ordinary business carried on by it.
Toceomply with the provisions of the charter in the case at hand
the Fire Chief should have had the necessary authorization from the
Common Council to purchase the hose and then only in an amount not exceed-
ing five hundred'($500) dollars, and the authorization should have been
given only after the Common Council was satisfied, through the medium of
the estimate, that the cost would not exceed five hundred ($500) dollars.
I trust that I have given you the desired information.
Very truly yours,
James T. Spillane,
City Attorney. "
Motion by Cook second by Wright carried that the matter of the purchase o
humidifiers for the radiators in the City Hall., be referred to the Public Grounds
Committee with power to act.
A request from Wm. E. Cudmore, Chief of the Fire Department, that he be
granted permission to purchase 300 feet of fire hose at an estimate cost of $360.00
for delivery on or before August 15th, 19259 was read, and on motion by Postier
second by Wright the same was ordered placed on file, and the City Clerk was instruct
ed to draft a resolution granting such permission for action at the next meeting of
this Common Council,
f.�
s
h
a
The City Clerk reported that Gust Rabine had lost Warrant No. 5483
dated August 15th, 1925, and drawn payable to him for 075500, as one-half of
August 1925 salary, as Engineer, add on motion by Cook second by Wright the
!
Mayor and City _ Clerk were authorized and directed to draw a duplicate of the
i said warrant No.54831, and -cause payment to be stopped on the original thereof.
Pursuant to notice heretofore given by the insurance company that the
public liability and -property damage on the automobiles of George Lund doing
business as the Rochester Cab Company, • were cancelled, to be effective ten
days from August 22nd, 1925, a motion by Postier second by Wright carried that
the automobile licenses heretofore granted and issued to George Lund doing busi-
ness as the Rochester Cab Company, be and the said licenses are hereby revoked
effective at midnight September lst, 1925, except that the public liability
!
and property damage insurance shall be reinstated before that time.
Warranty deed given by Pauline S. Kuehn to the City of Rochester.,
Minnesota, for lots 26, 27, 28 and 29, in State Stib--Division of Section 361,
! Township 107 North, Range 14 West, was read, and. on molt by Cook second by
Bach the said warranty deed was accepted and ordered placed on recdrd:
;i
Motion by Cook second by Wright carried that the sum of $54.00 be
appropriated from the Street and Alley Fund and payment made to Fred; Si Brown,
for compensation for injury during the period August llth,1925, to August 31st,
1925, inclusive.
The claims of George Schmelzer for 19 hrs. service as Weed Inspector
50 cents per hr.,and of IM. R. Jones in the amount of $2.00 for cutting weeds
�. on the property of R. E. Fishbucker and $3.00 for cutting weeds on the property
! of F.A. Wolff, were each separately read, and motion by Wright second by Cook
Y
carried that the said amounts be appropriated from the General Fund and paid
i
to the persons mentioned for the purposes stated.
' The City Depository Bond of the First National Bank qualifying for
additional deposit of $42,500.00, with the Maryland Casualty ColApany of Balti-
more, as surety thereon in the amount of $85900000, was read,
Alderman Kitzman introduced the following resolution, which was read:
"Be it resolved by the Common Council of the City of Rochester, Minne-
sot a:
That the surety on the City Depository Bond of the First National
Bank of Rochester, Minnesota, for double the sum of $42,500.001, dated August
24th, 1925, be and the .said surety on the said bond is. hereby accepted and the
said bond is hereby approved and. -ordered placed on file in the office of the.
City Clerk of said Clay; said bond being submitted, accepted, approved and
ordered filed under and in accordance with the pboposal of the said First
National Bank dated April 4th, 1925, . and the designation by this Common Coun-
cil under date of August 24th, 1925, and the' amended designation of August 31st
1925, of the said First National Bank as a City Depository, with the whole
thereof to be governed by Sections 47 to 54, inclusive, of the Charter of the
said City, and such other Sections or pats thereof of the said Charter as may
be relative to City Depositories.
Be it further resolved by the said Common Council: That the City
Treasurer shall, subject to the above mentioned Sections or parts thereof,which
are for the government of the said Treasurer and of said Depositories, and the
said proposal and designations, place the sum of $429500900 additional to the
�$57,500.00 provided for in resolution of August 24th, 1925, in the said First
•R*
405
National Hank in savings account at an interest rate of two (2) percent per annum,
as provided for in the above mentioned proposal, i
Upon motion by Postier second by Bach that the said resolution be adopted i
it
bias read, and all voting in favor thereof, President Weeks declared the said resolu-
. ,
,tion duly passed and adopted. I
Alderman Kitzman introducdd the following resolution, which was reads
"WHEREAS, the First National Bank of Rochester, Minnesota, has on this day
filed. .additional City Depository Bond, thereby qualifying for a deposit of $42,500.00
of City money additional to that heretofore provided for;
SO THEREFORE, Be it resolved: That the resolution passed and adopted by i
this Common Council under date of August 24th, 1925, and approved by the Mayor of said
i; City on August P5th, 19259 be and said resolution is hereby amended to read as follows::
i
"That the First National Bank of Rochester, Minnesota, be and the said bank 1
is hereby designated to act as a depository for City money during the year beginning
;,August 24th, 1l25, in accordance with its proposal dated April4th, 1925.
Be it further resolved by said Common Council: That the amount of funds
to be deposited under ' said desognatib00be"and the same is hereby fixed at a sum which j
I; shall not exceed the sum of $1 0,000. .
Upon motion by Kitzman second by Wright that the said resolution be adopted
as read, 1-11 and all vbting in favor thereof, President Weeks declared the said resolu-
tion duly passed and adopted.
Copy of memorandum agreement between the City Engineer and Hayes -Lucas
and Green relative to the purchase of cement for the paving, repaving and curbing j
I
of Second Avenue Southwest from the South line of Center Street West to the North '
line of Third Street Southwest, was read, and on motion by Bach second by Cook the
same was ordered placed on file:
! City Engineer submitted estimate of cost for four Mushroom street signals
which were considered by the Common Council, the said estimate of cost being $180.00,
at which motion by Adler second by Cook carried that the said estimate of cost be
placed on file and that the.City Engineer be instructed to purchase the said four
' I 7
street signals.
Alderman Cook .introduced a resolution ordering that the paving on Second 1
Street Southwest between the West line of First Avenue Southwest and the East line ofi
Second avenue Southwest be widened to a width of seventy (70) feet by laying a fifteen
• i.
(15) foot strip of 3" vertical fibre cut vitrified clay or shale, non -repressed,
i
and especially burned for street paving, brick, on each side of the present paving on
the said part of Second Street Southwest and that Q stone curb be constructed along
the outside of the said fifteen (15) foot strips of paving, and that the intersecting
streets and alleys.be paved and curbed 'to the sidewalk line, specifying the materials)
to be used in making the said. improvement and ordering the City Engineer to prepare
plans, profiles, specifications and estimate of cost for the said improvement, which
was read.
Upon motion by Wright second by Cook that the said resolution be adopted
as read, and all voting in favor thereof, President Weeks declared the said resolu-
tion duly passed and adopted:
466
Alderman Cook introduced a resolution ordering that a concrete curb
and gutter be constructed in +Sixth Street Southeast, Third Avenue to Fburth
,j
Avenue Southeast, specifying the materials to be used in making the said im-
provement and 'ordering the City Engineer to prepare and file plans, profiles ,
specifications and estimate of cost for the same, which was read.
Upon motion by Cook second by Bach that the said resolution be adopt-
ed as read, and all voting in favor thereof, President Weeies declared the said
resolution duly passed and adopted.
i
Alderman Cook introduced a resolution appropriating $338.00 from the
Park Improvement Fund and ordering payment made to Kris Nielson for 2028 cu.
yds. of dirt @ 16 2/3 cents per cu: yd., used for improvement at the New Tour-
i st .Park in accordance with sw6rn billing made under date of 'August 26th,1925,
whi ch was read.
Upon motion by Wright second by Adler that the said resolution be
adopted as read, and all voting in favor thereof, President.Weeks declared
the said resolution duly passed and adopted.
Alderman Postier introduced a resolution granting permit to the Queen
City Club to hold, give and conduct public dances in the A. 0. U. W. Hall,
on September 2nd, 16th and 30th, 1925, and. fixing the fee at the total sum of
$3.00, which was read.
Upon motion by Cook second by Wright that the said resolution be
y
adopted as read, and all voting in favor thereof, President Weeks declared the
said resolution duly passed and adopted.
Alderman Kitzman introduced a resolution granting permit to the Fifty-
Flifty Club to hold, give and conduct public ,dances in the Woodman Hall, on
September 8th and 22nd, 19259 and fixing the fee atthe total sum of $2.00,
which was read:
Upon motion by Postier second by Wright that the said resolution be
adopted as read, and all voting in favor thereof, President Weeks declared
the said resolution duly passed and adopted.
Alderman Kitzman introduced a resolution granting permit to the
Junior Club to hold, give and conduct public dances in the Woodman Hall, on
September 3rd and 17th, 19259 and fixing the fee at the total sum of $2.00,
which was read.
Upon motion by Wright second by Cook that the said resolution be
adopted as read, and all voting in favor thereof, President Weeks declared
the said resolution duly passed and adopted.
Alderman Wright introduced a resolution granting permit to the Sun-
shine Club to hold,
give and conduct
public
dances in the A. 0. U. W.
Hall,
on September 7th and
21 st, 19259 and
fixing
the fee at the total sum
of $2.00,
which was readi
Upon motion by Cook second by Adler that the said resolution be adopt-
ed as .read, and all voting in favor thereof, President Weeks declared the
said resolution duly passed and adopted.
Alderman Cook introduced a resolution appropriating $2000600,
Street and Alley Fund for use of the Street and Alley Committee, which was read.
Upon motion by Bach second by Wright that the said resolution be adopted
11 as read, and all voting in favor thereof, President Weeks declared the said r8solu-
tion duly passed and adopted:
Alderman Adler introduced,a resolution appropriating $2000.00 from the
Permanent Improvement Revolving Fund for use of the Street and Alley Committee* which
was read. ..
Upon motion by Bach second by Cook that the said resolution be adopted
as read, and all voting in favor thereof, President Weeks declared the�said resolu-
tion duly p assedrand adopted.
Alderman Bach introduced a resolution appropriating $1000.00 from the
General Fund for use of the Street and Alley Committee, which was read.
Upon motion by Wright second by Postier that the said resolution be
adopted as read, and all voting in favor thereof, President Weeks declared the
saod resolution duly passed and adopted.
Alderman Kitzmsn introduced the following resolution, which was read:
i
"WHEREAS, Amiel L. Glabe, County Auditor of Olmsted County, Minnesota,
i having issued receipt that the City Assessor of Rochester, Minnesota, has completed
the assessment for the year 1925;
I
SO THEREFORE, Be it resolved by the Common Council of the City of Roches-
il tar, Minnesota,
That the sum of $800.00 be appropriated from the General Fund and paid "
to James Kelly, City Assessor, to cover the salary and compensation of both the
Assessor and Deputy Assessor, which payment is made in accordance with the resolution
fixing the salary of the said Assessor axf ..Deputy which was passed and adopted by
; this Common Council on April 6th, 1925, leaving the balance due to said Assessor of '
j$100.001, which, as provided for in the above mentioned resolution, is payable April
! 1st, 19261 "
Upon motion by Cook second by Bach that the said resolution be adopted
as read, and all voting in favor thereof, President Weeks declared the said resolu-
tion duly passed and adopted4
Alderman Wr*ght introduced the following resolution, which was read:
"Be it resolved by the Common Council of the City of Rochester, Minnesota:
That the Public Utility Board of said City be and the said Board is here-
by authorized to enter into contract with the Burroughs Adding Machine Company for
;the furnishing of one Burroughs 17 column duplex public utility machine, 00
together.
�; with certain parts and equipment mentioned in their proposal at a cost of $1065y
I; F. 0. B. Rochester, Minnesota.
The amount of the bond to be given by the said contractor is hereby fixed
at the sum of $.1665.0 0 ,;
Upon motion by Adler second by Bach that the said resolution be adopted
as read, and all voting in favor thereof, President Weeks declared the said resolu-
i
I�j t i on duly passed and ad opted:
'
The following claims were read, and motion by Kitzman second by Cook
P
carried that the same be allowed and that the Mayor and the City Clerk be authorized
mm=
and directed to draw warrants upon the City Treasptrer and make payment accord-
ingly:
From the General Fund: Kearn Campion, $31.93; Miller -Davis Company,
$ 1.09
From the Park Improvement Fund: Maass. & McAndrew Coe, $16 58; 0. G.
Hanson, and SoAq $1060 ; Kris Nielson, $3 50 ;
I From the Fire Protection Fund: J. N. Johnson £Eompanry, Inc., $120*00;
J. N. Johnson Company, Inc., $120.00; J. N.. Johnson Company, Inc., $12000;
J. N. Johnson Company, Inc., $12000; The Model Laundry, 020.50; C. & N. Wi
Ry. Co., $1.19; The Leader, $2.55; '
From the Sewer Pend: Rngineering News -Record, $27.601
On motion by Kitzman second by Wright Council adjourned to September
4th, 1925, at 8 oclock A. M.
I
i I
9
CITY CLERK.
- I I
l
i
,
I
it
i
it
I- •
s
I
I
i
i
,
;
I
I
I
I