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HomeMy WebLinkAbout10-03-1927Minutes of -a regular meeting of the Common Council of the City of Rochester, Min-,�esota, heldin the Council Chambers, in the City Hall in said City on October :3rd, 19273, at 2:00 o'clock P.M, Meeting called to order by President Weeks. Roll Call. Present: Weeks, Adler, Miller, Rommel, Schroeder. Abraent: Erickson, Hicks. Pursuant to request made of the Library.Bos,rd for an explanation in connection with services for rebinding of books engaged in oontravention to Charter provisions, the following communication was 'presented and it was read: ' " 8oehester, Minnesota.' October 3rd, 1927, To the Honorable, . The Mayor and Common Council of the City of Rochester, Minnesota., Re: Public Library Warrants. NOS Date Favor , P : Amount 120 8/5/27 G.F.Welter 500,00 143 '8/26/27 Arthur E. Walter 858.00 144 8/26/27 D.F.Walter 360„00 -TOTAL �A` 1718, 00 Gentlemen: The above Orders drawn by the Public Library Board and presented to you unsigned by the City Clerk, at the regular meeting of the City Council, September 26th,1927 at which time the dity'Clerk gave as his reasons for witholding his signature, the irregular letting of the contracts for which the above orders were given in payment, and your Honorable Body instructed the City Clerk to request of the Library Board a full explanation as to why the Charter provisions relative to letting of contracts was not f olbowed in this case: Ahg : As President of the Library Board I submit the follow- Sr em„ ent On July 1st, 1927, there was a regular meeting of the R ibrary Board. At this meeting, no mention was made to the Board by ary one regarding the necessity of a large expenditure for (re -building) re -binding or repairs on books, On the date for the August meeting, I was out of the City and I learned;on my return, August 9th1that no meeting had been held. A few days after my meturn a batch of warrants were brought to me, by one of the Library Assistants for my sig- nature; amoung these warrants was No.120 dated August 5th, in favor of G.F.Walter for 0500,00 for rebinding books.- I gave this item some thought, I had no knowledge of the work being done, but as the amount came within the limits of the Charter provisions, and sppposing it was for work done by Order of the 'Board, and covered the full contract, I signed the Order. Within a week or ten days, after this, I called on the Librarian to go over some other matters with her. After my business was. completed, she asked me to go with her and look over the rebinding work being done. I found there the Walter Brothers very busy at work, which I exam- ined and supposed it was the finishing of the work for which I had 4, 1 ,n _ '-1: .. .. .., _ .,..: c..._ ..�n..:n_,+.tS.fL,�S::trrhr �5�. ntii-rr ✓$c...,c_ ' t ,;.., •1„ .. 691 signed the $500.00 warrant. About two days after my call at the Library, one of the Walter Brothers came to see me. He started that they had about completed their work and that he had some obligations to meet -in Chicago before September 1st, and would appreciate it very much if he-eould-get his pay for the work at once, and as an inducement, offered'to discount his bill $50.n0. I asked him what was the amount of the,bille He said -about $1250600 which of course was a great surprise to me. I told him I could not consider his proposition that I knew nothing about his contract, and would do nothing without a.meeting of the Board. I believe he tried through 'the 'efforts of Librarian, to get other members of the Board, to agree to have the Warrant drawn without the meeting of the Board. On September: 2nd, we held - the regular monthly meeting of the Board There were present, at this meeting; Mrs. �'+'urlow, Mrs. Lawler, Mrs, Gimbert, Mr, Dansingburg, myself, and Miss Hiekw�n,.the Librarian. Among the bills to be allowed, was one from Arthur E. Walters for 3432 books reinforced at 25/ each - 3858,00 and one from G. P. Walters for 1440 books reinforced at 2V each - y360.00. None of the Directors piresent had any knowledge of the letting of this -- contract, and the Librarian was severely censured for the same. Her reasons for so -doing were not satisfactory to the Board, but they were of'the opinion that in as much as the work had been done, tt should be paid for. A.motion was made and carried that the bills be allowed and the bills went to the Pinaneial Secretary (who was not present) who drew-the.warrants No.143 and No.144 covering the Walters' bills. When the warrants for the` August bills were brought to me for signature, I i refused to sign Warrants No.�43 and No.144. I consulted Mr. Wright, the City Clerk, and Mr. Spillane, the. -City Attorney, and. they advised me, I was justified in witholding my s*gnature.-.Some time later, the Walter Brothers again called on �. me, and I declined to sign the warrants, advising there of the irregularity of the letting of the contract, and alto advised them to see, the City Attorney which they did, The City Attorney called me by phone and advised that in as much as Walter Brothers had done the work, they should have their pay and that I had better sign the warrants which I did. The warrants were then presented to the City Clerk for his s i gna tui e . i c onclusions. , The three warrants mentioned above, totaling $1718,00 all cover our contract to Walter Brothers for rebinding or reinforcing Library Books. That no contract was ever made with Walter Brothers by the Library Board or the Executive Committee of the Library Board. That no certified count of volumes handled has ever been made to the Library Board. That.while the price per volume of 26� appears reasonable for one volume, when taken in quantity lots of over 6,000 volumes, it appears too large. That we believe the quality of the work,to be good, but question the necessity of so large a number being done at one time. That the budget appropriated for the purpose of bebinding books, will not justify the expenditure; the'aecount being now overdrawn. That the Library Board as a Board, were never consulted regarding this c ontradt and as a Board, die -claim any responsibility for the same. That to my knowledge, a majority of the members of the Library Board were never consulted regarding the contract and knew nothing about it, until the bills were presented for payment. I That we believe before the Warrants are paid, a complete cheek of the work done, shouldbemade, and the .time covered in doing the work given, consideration, and an adjustment of the bill made on that basis that the Council may be satisfied. The charges are fair and the work equitably compensat6d for. Respectfully submitted. — W. W. Churchill President, Library Board. " Alderman Erickson came in at this tine and took his Chair. President Weeks ordered that the above quoted communication be placed on file. Alderman Hicks. came in at this.time and took his Chair. The report of the City Engineer for themmonth of September, 19?7, showing expenditures from the General Fund for labor $330.44, from the Street aria Alley Fund *2507.82, from the Sewer' Fund $112: 00, from the, Permanent Improvement Revolving Fund $217.25, was read-,. and President Weeks ordered' that the same be placed obi file. The application of Ida.. F. Horton for a soft drink dealers license at No. 221 First Avenue Southwest, was read, and upon motion by Adler, second by Miller, lbaense wss granted.. The applications of the bellow Cab Corporation 'of Minnesota, for licenses covering three; SaVety Taxi Cabs, were read,*and on motion by Adler, second by Hicks, licensesowere granted,. The application of Gerry Thompson for Oance permit for the Woodman Hall October. llth and 25th, 1927, was read; The application Ot the Rite Made Hamberger Shop for a.permit to place and maintain a sign, was read, and upon motion by Rommel, second by Miller, permit was granted. , The following recommendations was read, add on motion by Rommel, seoond by Adler, the same' <,RFF approved and it was ordered that tb.e. deprecia$ I II tion and estimate of cost for October be included with. the 1927 sprinkling and flushing costs: " 10-3-27, Honorable Mayor and Common Council. Gentlemen: In order to arrive at they cost of sprinkling for the year 19271, I have applied the sum of '$25,00 each to the four horse-drawn sprinkling carts, 050.00.to the wagon flusher, and $500.00 to the Motor Flusher, and $50.58 to the lime spreader, as depreciation for the year, making a.total depreciation of $100 W'to be applied to the season's costs. You will note that.I have applied the entire value of the lime spreader, as the machine is worn out. Respectfully., C . H. Armstrong, CHA:mb City Engineer$ II It is suggested that 1/6 of the cost to date be added for themonth of October. " 693 Estimate prlepared by -the City Engineer in favor of the Griswold safet)r Signal Company, showing the sum of $444.28 as being due the said company for the T. furnishing of two '"Slow" signals, under contraot, was bred, and President Weeks ordered that the same,.be placed on file. An ordinance to regulate the construction of blil,'boards within the City of Rochester, Minnesota, was given its third and final reading, A motion by Hicks, second by Rommel, that the said ordinance be adopted as read, lost.by the following vote.: Ayes; Hicks, Miller, Rommel. Nays: Adler, Erickson, Schroeder, Weeks, Alderman Miller introduced a resolution fixing-7:30 O'olook P. M. October 17th,1927, as the' -time fora public hearing on the proposed construction of a sanitary sewer commencing at the center of the intersection of Sixth Avenue Southeast and Tenth Street Southeast and running Easi along the center line of Tenth Street Southeast to the.center of Seventh Avenue Southeast, and thence South along the center line of Seventh Avenue Southeast to the center of Eleventh Street Southeast and also commencing at the center of the intersection of Seventh Avenue Southeast and Tenth Street Southeast and running North along the center line of Seventh Avenue Sou east to a point.136 feet South of the South line of Ninth Street Southeast and the laying of a water main in said parts of Tenth Street Southeast and Seventh Avenue S outheaSt, which was read, Upon motion by Hicks, second by Eriokson, that the said resolution be adox;ted as read, and all voting in favor thereof, President Weeks declared the said resolution duly passed and adopted. Alderman Rommel introduced a resolution fixing 7:30.o'cleok P. M. October 17th, 1927, as the time for a public hearing on the proposed construction of sanitary sewers described as follows: The construction of a sanitary sewer in Fifteenth Avenue Southwest from the center of Fifth Street Southwest to the center of Sixth Street Southwe Ft; The cons truotion of a sanitary sewer in Fourth Avenue Northwest from the center of Ninth Street Northwest to 100 feet North of the North line of Eighth Street Northwest; The construction of a sanitary sewer in Thirteenth Street Northwest described: Commencing at a ppint in the center of Thirteenth Street Northwest 30 Peet West of the center line of Broadway Street North and running thence West along the center line of Thirteenth Street Northwest to a point 3 feet West of the East line of Lot 17 in block 27 in Northern Addition; which was read. Upon motion by Erickson,, second by Schroeder, 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 Schroeder introduced the following resolution, which was read: 694 "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 Soard is hereby authorized to 1py water mains as follows: Extension of the water main in Third Avenue Southeast South to Fourteenth Street Southeast; In Fourth Avenue Northwest from Eighth Street Northwest to Ninth Street Northwest; In Seventh Avenue Southeast from Ninth Street Southeast to Eleventh Street Southeast (This being authorization for installation of Six inch water main in place of four inch proposed in assessment*proceedings), In Tenth Street Southeast from Sixth Avenue Southeast to Seventh Avenue Southeast (This being authorization for installation of 6".water main in place of 4" proposed in assessment proceedings), In Thirteenth Street Northwest from Broadway Street North to Second Avenue Northwest, In Fifteenth Avenue Southwest from Fifth Street Southwest to Sixth Street Southwest. " Upon motion by Schroeder, second by'Eriekson, that the said resolu- tion bg adopted as read, and all voting in favor thereof, President Meeks declared the said resolution duly passed and adopted; Alderman Rommel introduced a resolution granting public dance permit to the Sunshine Club (Gerry Thompson) for the Woodman Hall October llth,and 25th, 1927, and fixing the fee at the sum of $10.00, which was reed. Upon motion by Adler:, second by Erickson, that the said resolution be adopted as read, and all voting in favor thereof, President Weeks declared the.said resolution duly passed and adopted. The report of the Finance Committee that they had checked the reports of the City Weighmaster during the period March 1,1926, to September 1st, 1927, and found that the same to be correct, was read, and President Weeks ordered that the said report.of the Finance Committee be placed on file and that the said reports .of, the City Weighmaster be placed on file. Alderman Erickson introduced a resolution appropriating $444,28 from the General Fund and ordering payment made to the Griswold Safety Signal Company for the furnishing of two "Slow" s igna is under contract, which was read. Upon motion by Erickson, second by:Rommel, that the said resolution II be adopted as read, and all voting in favor thereof, President Weeks declared the said resolution duly passed and adopted, Alderman Hicks introduced a resolution appropriating $263*79 from the Sewer Fund and ordering payment made to Wm. C. Fraser & Son for 5% 695 with held on contracts'. 154007 thereof being on the First Avenue Northeast Relief Line sanitary sewer, and $100.72 thereof being for the Thirteenth Street Northeast Cutover, which was read. .Upon motion by Rommel.,'second by Miller, 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, < Alderman.Adler introduced a resolution appropriating $155,80 from the Permanent Improvement Revolving.Fund and ordering payment made to Wm. C. Fraser & Son for 5i6o' withheld on contracts for the construction of sanitary sewers, $13.82 thereof being for the Eighth Place Northwest sanitary sewer, $28.30 thereof for Second Street'Southeast, `"18.19 for Seventh Street Southwest and 095049 for Seventh Street Northwest, which was read. 0 Upon motion by Erickson, second by Hicks, that the said resolution be adopted as read, and all votingiin favor thereof, President Weeks declared the said resolution duly passed and adopted. Alderman Hicks introduced a resolution appropriating f*l,664.00 from the Sewage Disposal Plant Fund and ordering payment made to Ormond & Feller for 5% withheld on the contract for the construction of the Siphon Section of the Broadway Street North trunk line sanitary sewer, which was read. Upoa-motion by Hicks, second by Miller, 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. The City Engineer submitted plans, profiles,specifications and estimate of cost for the resurfacing of the paving base on Fourth Street Southeast between the bridge over the Zumbro river and Third Avenue Southeast, the said estimate of cost b e ink $52 03.77.. Alderman Erickson introduced the following resolution, which was read: "WHEPEAS, The Common Council of the City of Rochester, Minnesota, deem it expedient and necessary Dhat thepa'ving of Fourth Street Southeast between the East line of Third Avenue Southeast and a point 1g8!1jfeet West of. the West line of First Place Southeast be repaired by the resurfacing of the paving base thereon, and WHti.nREAS, Chas, H. Armstrong, City Engineer, has prepared and submitted plans, profiles, and estimate of cost for the said $esurfacing; SO °THEREFORE, Be it resolVed by the said Common Council: That the paving base on Fourth Street Southeast betweentthe East line of Third Avenue Southeast and a point 148-2 feet West of the West line of First Place Southeast, be resurfaced with .street paving brick to a width of 40 feet,being 20 Fee on each side of the center line of said part. -of Fourth Street Southeast and that the necessary repairs be made to the cement concrete curb now in place on the said part of Fourth Street ,Southeast, ,and Be it further resolved by the said Common Council: That the said plans and specifications be adopted for the said resurfacing and repairs, 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 aeeepted`and placed on fill in the office of the City Clerk. of said City, . and . Be it further resolved by the said Common Coune.il: That the City Clerk of said City be and he is hereby authorized and directed to advertise for sealed proposals for the furnishing of ;ill labor and materials heeessary for the re-surfacing*and repairs, which said sealed bids shall - be opened at a public meeting of the Common Council of '.said City, which is to be held in the Council Chambers, in the City Hall, in said City, on October 17th,1927, at 7:30 o'clock 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 10 per cent of the amount of the bid, which check and the amount of money specified therein shall.be forfeited to said City of Rochester, Minnesota, as liquidated damages if the bidder upon the letting of the contract to him shall fail to enter into the contract -so let; the said Common Council reserving the right to reject any and all bids. " Upon motion by Hicks, second by Erickson, that the said resolution be adopted as read, and all voting in favor thereof, President Weeks declared the staid resolution duly passed and adopted. - The proposals of the Schmidt printing Company, The Fluality Print Shop and -the Leader Printing Company for the printing,6nd furnishing of ordinance books, were read, and upon motion by Hicks, second by Erickson, the same were referred to the City Attorney for his tabulation and recommender. Lions. The recommendation of the Police Committee that a wind -shield be purchased for the new motorcycle in use of the.Police Department, was, read, and upon motion by Miller, second by Rommel, it was ordered that the said recommendation be placed on file -and the Police Committee was authorized to purchase the windshield as recommended. Upon motion by Schroeder, second by Adler, the City Attorney was granted a vacation of five days, with pay, commencing October 6th,1927. The following recommendation of the City Attorney relative to the printing of ordinance books, was read, and President Weeks ordered that the same be placed onffile; " 10-3-27 Honorable Mayor and Common Council, City of Rochester, Minnesota, Gentlemen: Report of tabulation of informal bids for theprinting of the Ordinance Books is as follows: The Quality Print Shop; 200 books 429#27 300 books 488,75 69 -T _ The Leader Printing Co: 200 books".450.00 300 books 50Q.00 The'Schmidt Printing Co.: 200 books 788:70,. 300 books 988.70 I recommend that this work be given to the Quality Print Shop, as"they'are.low bidder. Since this amount is under $500400 it is not necessary -to advertise for bids and.the Council may order this work done by resolution. - Respectfully submitted, James T. Spillane CITY ATTORMIM. n Upon motion by Schroederg Second by Adler, W. E. Mitchell, Assistant Superintendent of the Dumping Grounds, was granted a vacation of ten days, with pay, commencing October 10th,1927 Upon motion by Hicks, Second by Adler, the Public Grounds Committee was instructed to secure the necessary labor, materials, etc., and change the Council r oom seating. Upon. motion by Erickson, second by Adler, Council adjourned to 7:30 o'clock P.M., October loth,1927. City Clerk,