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HomeMy WebLinkAbout12-17-193419 -q- JANUARY JULY FEBRUARY AUGttT 3 - 3,94 388 MARCH SEPTEMBER p I A R OCTOBER 9 MW NOVEMBER � 3 4 -76 s3 —5 - P G 3 H J UNE DECEMBER pn _ i i 3 - i xxii-t .. E�i-�"qb "'+�".R.t. srlx.. 1 - - a„,';-:i"w- 13 ,a:.s�,: cis-•. '� r'ir_„s,K`1�;c�-, ':aF. { :F, r�iU. :Ti, ?,£ S .•`7'' •34��tC t�?r"''-r. >'c.- ':tr3p-„', i. ,.4;�- -t-.,.'+� t , + .�• ; 584 Minutes of an adjourned regular meeting of the Common Council of the City of Rochester, Minnesota, held in the Council Chmmbers, in the City -Hall, in the said City, , at 7: 30 o' clock P.M., on December 17th,1934. Meeting called to order by President Liddle. Roll Call. Present: Liddle, Amundsen, Fryer, Green, Lemmon, Miller, Moody. Abserit : None. Upon motion by Moody second by Fryer the minutes of the meeting held on November 26th,19349 were approved. Thts being the time and place fixed for adjourned and continued action on the proposals received at a meeting of this Common Council held December l0th,19341 the matter of award of contract for the two ton truck for use of the Street and Alley Department was it considered, and/was decided that all bids should be rejected, at which motion by Moody second by Green carried that all bids for furnishing of a two ton truck for use of the Street and Alley Department be rejected and that the certified checks accompanying them be returned to the bidders. General Balance sheet, trial balance, fund statement, atatement of unexpended budget appropriations, indebtedness statement, tax delin:_luent statement, Sinking Fund investments statements, etc., prepared by the City Clerk as of November 30th91934, were laid before the Common Council, and President Liddle ordered that the same be placed on file. The report of the Clerk of the Municipal Court for the week ending December 19th,1934, showing criminal fines collected $37.80•, official fees received :40'�12.359 conciliation court fees received $1.75 and court costs charged to Olmsted Couhtp $130 35 9 was read, and President Liddle referred the sem a to the City Attorney. i The City Engineer's Department trial balance for November,19349 bras laid before the Common Council and President Liddle ordered that the same be placed on file 585 The report of the Milk Inspector for the month of November, 1934, was read and President Liddle ordered that the same be placed on file. The application of Cyril R. °Delaney and Clayton D. Lyke. that an On Sale and an Off Sale license heretofore issued to Cyril R. Delaney for 626 Fourth Street Southeast be transferred to Clayton D. Lykes were each read, and upon motion by Amundsen second by Fryer the request was granted. The application of Cyril R. Delaney for an On Sale license to sell intoxica#,ing liquors as a restaurant at 124 Broadway Street South was read and upon motion by Amundsen second by Green license wat grant edl subject to the Health Officer's approval of the equipment. The application of Dr. H. R. Wesson as President of the Wilson Club, - or a soft drink dealer license at 212 Second Street Southwest, was read and upon motion by Moody second by Amundsen, license was granted. The application of the Yellow Cab Company for the transfer of taxicab license No.10 from a 5 passenger Auburn bearing license No. B-215,163, to a 5 passenger Auburn bearing license No. B-215,162, was read and upon motion by Amunds second by Fryer transfer was granted. The application of T. V. Nagle for a public dance permit at the Woodman Hall, December 22nd, 25th, 29th, and 31st,19349 and of the United Workers Association of Olmsted County for the Woodman Hall, December 19th,1934, were each read. The following communications were read and President Liddle ordered that the same be placed on file: " United Workers Association of Olmsted County, Rochester Chapter. December 17th,1934 To the Honorable 2dayor and Common Council of the City of Rochester. Gentlemen: - At our last regular meeting held on Wednesday December 12,1924 we passed the following resolution for your approval. Resolved that ,- Whereas, there is no provision made by the County SERA office to take care of emergency sickness From Saturday noon to Monday morning at 9:All when the SERA office opens and also on holidays, And whereas, there is no provision made for the filling of relief, medical, prescriptions on Sundays and holidays by the SERA, ,, 586 WE therefore request your honorable body to at once take the necessary steps to instruct and authorize the local_ health dep".rt- ment to take the necessary action to see that emeraency sickness is taken care of at once. . ( Signed) THE UNITED WORT71IRS ASSOCIATION of OLD• FTVD COUNTY. J By L. K. Town Secretary " " THE UNITED V10191 TRS ASSOCIATION OF OLMSTT7'D COUNTY. ROCHESTER CHAPTER. TO TIFF TTONORABLE MAYOR AND COtR�fON COUNCIL 0i1 TT:T CI`.''Y 0'" ROCT - ER rF'NTTi0,TFN : - At our regular meeting of December 12,1,�'34 we' passed the following resolution for ,your consideration. Resolved that, while all due resbect be given the Automobile dealers of the city who have submitted bids on the now truck to be bought by the city park board we wish to call your attention to`the following items which have been overlooked. Whereas the Governri:ent, in their recent proposed PWA program and also on present SERA projects in Oltst ed County has, made no Provision for truckmen of our city We therefore widh to call your attention to the fact that there are a large number of truckmen in the city out of work at the present time, who can handle the work for which thi ') proposed new truck is to be bought. And we therefore request of your honorable body no cancel the purchase of the new truck at present and give the extra work required of a truck to some local truckmen now unemployed. Andwhereas during the recent snow hauling we found that the city used trucks .from out of the city we therefore suggest that your honorable body instruct the city engineer to in the future use only Rochester trucks unless he is unable to get enour7h trucks to take care of the occasion at hand, at the time. (Signed) The UNI`.PED WORKERS ASSOCI.VION- of OLMST'ED COUN-,,'Y, ROC-:ES"L'ER CHAPTITR Secretary L. K. Town " The following notice of claim for damages was read and President Liddle referred'.thd sdme to the City Attorney: "To the Common Council of THE CITY OF ROCHESTER: Please take notice that the undersifined claims damages against the City of Rochester. The claim arises out of an accident wl�Ach occurred on East Center Street in said city near the intersection with Ninth Avenue East. 587 On November 22,19349 the undersigned was crossing East Center Street at the intersection with Ninth Avenue East and traveling from north to south. At the same time, an automobile owned by, the City of Rochester and operated and in control. of Kenneth Knutzen and Grover Knutzen, employees of the City of Rochester, was being driven east on East Center Street. That the said Kenneth Knutzen and Grover Knutzen then and there drdve and managed the said truck so negligently that it ran into and struck and knocked down the undersigned. By reason thereof, the undersigned was injured and bruised in tnd about the face and body, and several bones in his face were broken. ' Because of the foregoing, the undersigned claims damages from the City of Rochester in the sum of Five thousand dollars ($6000) . Dated December Sth. , 1934. Clyde Wilson " A notice from the Railroad and Warehouse Commission that the applications of the Chicago and North Western Railway Company for permission to abandon and remove 156 feet of track and 13 twelve foot spans or trestles at Rochester, Minnesota, running to the old manufactured gas plant, was granted at a meeting thereof held at 2:00 o'clock P.M..� November 19th919349 was read and President Liddle ordered that the same be placed on file. The following circular letter was read and President Liddle ordered that the. same be placed on file: "LEAGUE OF MINNESOTA MUNICIPALITIES Room 159 University Library Minneapolis, Minnesota December 109 1934 To the Mayor and Council: The Interim Highway Committee appointed by the State Legislature --Pursuant to a joint resolution of the 1933 session of the State Legislature will soon .complete its survey and report to the governor, This committee was appointed 'to make a careful investigation in order to determine whether it would be advisable to include said roads (county and township roads not now supported by state funds) in the Trunk Highway System and to that end to hear all persons who desire to give testimony either for or against the inclusion of such roads in such system.' That committee has held five public hearings on the subject of its inquiry, but has. not yet given municipalities an apportunity to be heard. A special hearing is being held at the State Highway Building, 1246 University Avenue, St.Paul, at 2- P.U. , Friday, December 149 at which any munic ipalitt Interested may be heard: If you cannot be present, the League committee on State Aid to Hic7hways will be glad to represent you at this hearing. I ` 588 In this connection a questionnaire was circulated from the League office a short time ago asking for information on local street mileage. An opinion was requested whether the League should sponsor a plan to give a portion of gas tax receipts to cities and villages on some equitable basis. All answers to that questionnaire except one were favorable to such a suggestion. There Is no reason why the League should not present this proposal to the interim Committee. It will also be given attention in January at the Legislative Conference of the League. Yours very truly, Ambrose Fuller Director " The following communication was read and President Liddle ordered that the same be placed on file: " Office of CHAS. H. ARMSTRONG, City Engineer Rochester, Minnesota Dec. 119 1934 Mr. A. F. Wright City Clerk . City Dear Sir: I acknowledge receipt of Certified Copy of Council Resolution in the matter of C.CPagenhart and M.E. Souther, Bridge Contractors, and Waiver of Claim for Liquidated Dam_ --es. A careful perusual of your copy of the letter of Mr. Win. N. Carey, State Engineer, P.W.A., dated Dec. 4th,addressed to the writer, which copy was furnished to you Dec. 6th, you will find that the State Engineer requires for his records, the following: 'Quote, If the City Council was of the opinion that Pagenhart & Souther were entitled to an extension of time for the completion of their contract without liquidating damages, they should by resolu- tion authorize such an extension of time, including ip that resolution the reason for waiving the liquidating damage clause. On presenta- tion of this information, this office could then take action as to the approval of this time extension.' This Dept. will carry out the wishes of the Hon: Common Council - as expressed in the motion of Alderman Lemmon. Yours truly, Co H� Armstrong City Engineer. " 589 Circular letter No.10, dated December 121,19349 addressed by the nnesota Price Stabilization committee to distributors of petroleum products in sots, was read, and President Liddle ordered that the same be placed on file* Copy of requisition by the Health Officer upon Saint Mary, s iospital for the isolation of Raymond McEachern, age * years, living at 301 Sixth Street Northwest, diagnosed to be suffering from diphtheria, was read, and President Liddle ordered that the same be placed on file. The -following communication was read, and President Liddle ordered that the same be placed on file'. " NOM!HERN NATURAL GAS COMPANY City National Bank Building Omaha, Nebraska December 1591934 r Mr• A.F.Wright , City Clerk, City Clerk's Office, City of Rochester, Minn: Dear Sir% In response to the agreement reached during the Rochester city council meeting on the night of December l0th919349 we wish to respectfully submit herewith the daily average heating value of the gas delivered from our pipe line system to the Sioux City Gas & Electric Company, at Sioux City, Iowa, which readings are the average of the record from their recording calorimeter: SIOUX CITY AVERAGE DAILY HEATING VALUE Date B.T.Tfi a2/6/34 997 12/7/34 999 12/8/34 1000 12/9/34 997 32/10/34 1002 .12/11/34 1006 12/12/34 1013. Total 7014 Avg. B.T:U�- for week 1002 Yours very truly, N0RI!HER9lT ,NATVRAF�GAS COMPANY Jas L Griffin Miasurement Engineer " Upon motion by Lemmon second by Fryer the Mayor was asked to issue an emergency authorization for the purchase of one car load of gasoline to be issued to City Departments through the City bulk station and the City filling st at ion. The following assignments were read and upon motion by Moody second by Amundsen, the same were accepted: "Rochester,- Minnesota, November 309 1934. Hon. Mayor and Common Council City of Rochester, Minnesota. Gentlemen: For value received, I hereby assign to the Public Employes Retirement Association the sum of $31454 from my salary as Chief Operator at the Sewage Disposal Plant of the City of Rochester, Minnesota, for the payment of a note given by me to the said Retirement Association, being a $31054 note at 5% dated December 1st ,1934 , and maturing June 1,1935 4, You are hereby authorized to pay to the Public Employes Retirement Association $5u26 on the last day of each month, commencing with December, 19349 and continuing and ending with March 1934, and $5025 on the last day of April and May,19359 and deduct each of the said installments from mi salary for the month concerned. assignment. John Je- Cook I hereby accept and agree to 'the above set forth Mrs: John J. Cook " "Rochester, Minnesota, November 3091934. Ron. Mayor and Common Council, City of Rochester, Minnesota. Dent 1 emen: For value received, I hereby assign to the Public Employes Retirement Assoeiat ion the swa of $34:32 from my salary as Milk Inspector for the payment of a note given by me to the said Retirement Association, being a $34..'+32 note dated December lst,19349 and maturing June lst,1935. You are hereby authorized to pay to the Public Employes Retirement Association $5.72 on the last day of each month commencing with December,19349 and continuing and ending with May,1935, and deduct each of the said installments from my salary for the month concerned. Manfred H.Waldron I hereby accept and agree to the above set forth assignment: Jessie J4 Waldron " 591 The City Clerk reported the.payment by the Franklin Heating Station of $121:01 as � cent per thousand cubic feet on natural gas used there during November919340 The following copy of resolution passed and adoptedby the Sinking Fund Commission was read and upon motion by Green second by Fryer the action set forth therein was approved and tt was ordered that the said copy of resolution be placed on file: "WHEREAS, On October 29919349 the Common Council of the City of Rochester, Minnesota, duly authorized that the. Sinking Fund Commission of said City appropriate $3495820-98 from uninvested Electric Light Department Depreciation Reserve Sisktng Fund investment funds to the Public Utility Fund of said City, for the installation of new equipment and for the replacing and betterment of existing equipment, and WHEREAS, on November 5th, 19349 the Sinking Fund Commission appropriated $119857.57 as a partial payment on the contract, and WHEREAS, on December 3919349 the said Sinking Fund Commission appropriated $17,1690-47 as a further partial payment on the said account. and WHEREAS, there is $5,555i94 still due and unpaid under that account and authorization; SO THEREFORE$ Be it resolved, by the Commissioners of the Sinking Fund of the City of Rochester, Minnesota: That the sum of $59555 94 be and the said sum is hereby appro- priated from the Sinking Fund of said City and it is ordered that the said sum be paid to the Public Utility Fund (Electric Light Department) as 'settlement in full for the authorization and direction above mentioned; which appropriation shall be from Code 23 Sinking Fund. " The following communication was read as was the schedule mentioned therein and President Liddlie ordered that the same be placed on file: DEPAWMPNT OF PARKS City of Rochester,Minn. December llth,1934 Mr. A: F Wright City Clerk City. Dear Sir: - At a meeting of the Park Board held December 10th919349 at 5 o' clock P.M. action was taken to take the cash on hand, the 1934 tax levy and taxes in course of collection and divide according to the annexed schedule marked 'A'. Trusting this satisfactory to you and the Council. Yours truly, Wm. Enke, Secretary, Park Board " F, 592 It was reported that Geo. Befort had lost warrant No.6508 drawn .to his order inl-,the amount of $21.25 on the Street and Alley Fund, December llth,19349 at which motion by Lemmdn second by Moody carried that a duplicate thereof be issued and that payment be stopped on the original warrant. The following communication was read and President Liddle ordered that the same be placed on file: " OLMSTED COUNTY BANK AND TRUST COMPANY Rochester, Minnesota December 109 1934. Common Council of the City of Rochester Rochester, Minnesota Attention: A. F. Wright, City Clerk Rent l emen: The following Fourth Liberty Loan Bonds held by the City Treasurer in lieu of a Depository Bond for city funds, Noso, H 026398189 B 022426029 H 02551428, and B 01805412, for $19000 each, have been called for payment and ceased to draw interest on October 15; Will you kindly authorize the City Treasurer to accept $4,000 in Federal Farm Mortgage Corporation Bonds to release the Liberty Bonds. The Federal Farm Mortgage Corporation Bonds, as you know, are guaranteed fully as to payment of principal and interest by the United States Covernmente, This puts the bonds in the same class with any other government bonds: Yours very truly, Co' F: Dabelstein President " The following request for authority to enter into contract was read and President Liddle ordered that the same be placed on file: " Department of Parks. City of Rochester Minn. Deci:lOrr 1934 To Honorable Mayor and Members of City Council. Gent 1 em en - Having advertized for bids -tor' truck, your Board of Park Commissioners aEkyou to let us enter into a contract with 2 593 Ellis Motor Company for a truck for the sum. of $15130'00 less Federal tax. Respectfully Board of Park Commissioners Art Nachreiner " The following report and suggestion was read and upon motion by Fryer second by Lemmon the said report and suggestion was adopted and it was ordered that the same be placed on file and the City Clerk was authorized and directed to request . of the Library iBoard and the Public Ut ilit y Board that they arrange a joint meeting between tt1hose two boards and the Common Council at some very early date agreeable to them: " Rochester, Minnesota, December 149 1934. Honorable Mayor and Common Council, 'City of Rochester, Minnesota. Gentlemen: Pursuant to your authorization and direction we appeared before H. H. Jewell, Chief Engineer Examiner, P,W.A,, in charge, in the absence of Wm. N. Carey, State Engineer, P.W.A. , who was called out of the City on account of death, relative to details to be incorporated in the City of Rochester's new P.WA, application for 30% grant. This was on December 13,1934, an d we found that as to financing the City' s share there are two courses to follow* P.W.A, does not now require the actual cash to be on hand for the 70% municipality share but must be convinced that those funds will be forthcoming at the proper time as contract payment mature, either from tax levy, - public utility operation or any other revenues. So if the Common Council decides to go into the projects proposed to be p&rtly taken care of by P,W.A, grant formal action must be taken which .will definitely assign -cash receipts from local public utilities operation sufficient to meet the contracts which City officials will obligate the City of Rochester for: The other course is made possible because when the Electric Light Depreciation Reserve Investments were set up it was with the condi- tion that the Common Council might declare a ' treat emergency' and thereby permit the use of accumulated funds for the purpose that created the emergency. So by taking such action the Common Council may provide actual cash to finance the City share of the improvement costs, thereby precluding the possibility of error in estimated public utility income and also shut out unforseen contingincies, that might vitally affect our financial st ructure. The estimated costs of the various items under the contemplated request for POW.A4, grant fro: 594 ,i I Public Library Building, So.Bdwy. and Sixth St. S.W. , etc., Trunk Line Sanitary Sewer, I Alteration and additions to Light j Plant building, 150,000,00 30 ,433.32 99,138.60 2799571.92 The City share (70% plus 5%) of the improvements listed would be, after the addition of 5% to take care of possible extras, as follows: 7596 of Public Library Buklding cost, $ 1129500.00 75% of Trunk Line sewer extension, 229824.99 75% of Light Plant Building, 74,353.95 Total - - - - - - - - -- - - - - - - 2099678:94 Therefor the cash to be set up, or the assignment of public utility receipts, under P.W.A. proceedings, would be: Public Library Building, Less Cash on hand, Less Book value of Investments, $ 112,500.00 38 , 54 5.52 $ 739954.48 .519664:91 22 9289057 . Trunk Line sewer Extensioh,' 92,824 99 Light Plant Building, 74435395 Total - - - - - - - - - - - - - - 119 9468.51 If the Library Building does not go P.W.A., the picture that the public utilities will assume will be like this: Library Building, Less Cash on hand, i Less book value of investments, Deficit which the Public Utility ,.Fund is morally obligated to take up, 75% of Sewer Cost ( City share under P.W.A. ) 75% of Plant building cost (City share under P.W.A*) 150 90000-00 38 , 54 5 : 52 111,454:48 51,66491 $ 59,789.57 22 9824 .9 9 74 , 353.95 $ 156,968.-51 If the Light Plant building does not go P.W.A. there will be no funds .for sewer construction, as funds for that purpose can come only by the Public Utility Board turning over to the Sewer Fund the P.W.A. grant on the building project, otherwise through a ]public Utility direct appropriation or a bond issue: i; II Ali the Common Council and other departments concerned in the issue under consideration have not yet adopted a definite polity it is �I respectfully suggested that a joint meeting oP the -Common Council, j + the Public Utility Board and the Library Board be arranged at which 595 each may commit themselves as to the procedure by which they will be governed through P.W.A. transactions, because as it now stands it seems, impossible for either Dept. to function in P.W.A. dealings until thelocal situation is co-ordinated so that' each local sub -division will be able to know what the other is going to do. TRespectfully submitted, Tom Moody Alderman of said City. A. F. Wright City Clerk of said City." NOTE: Accompanying this report are estimated cost reports by the City Engineer, the Library Building architects, and the Supt. of the Light Plant, and a letter from the Secretary of the Public Utility Board relative to Depreciation Reserve finances. " The City Ulerk addressed the Public Utility Board, A. J. Lentfer,� Secretary,and the Public Library Board, W. W. Churchill, each separately as follows: "December 18th, 1934. Gent lAmen: The Common Council of this City at a meetiri« held December 17, 1934, adopted a report and suggestion by Alderman Moody and City Clerk Wright relative to proceedings in financing of construction costs for light plant alterations and, additions, public library build- ing and trunk line sanitary sewer, copy of which is enclosed herewith for your 14formation. I _ In that connection the Common Council :3.lso acted to the effect that the Library Board and Public Utility Board, at a date agreeable to all concerned, arrange a joint meeting of those two Boards with the Common Council, at which meeting a definite financial policy may be adopted to govern each of those interested local sub- divisions in their transactions with P.W.A. , which is very necessary in order that formal application, or applications, may be _in proper form and can incorporate the scheme for financing the projects involved. Awaiting notification of the date for discussion of those phases which are of so much concern, I am Yours truly, A. F. Wright City Clerk." The following copy of resolution passed and adopted by the blic Utility Board was read and President Liddle ordered that the same be placed oA file: "Be it and it is hereby resolved by the Public Utility Board of he City of Rochester, Minnesota, that the said Board enter into a contract with urlingame and Hitchcock of Minneapolis, Minnesota, for the furnishing of consulting ngineerin,7 services for the proposed turbine and new boiler installation in the ity Li_;ht Plant, said services to consist of (1) making the necessary Preliminary e 1! 596 studies which may be necessary to determine the size and type of the installation, (2) preparing of plans and specifications (3) assisting the department- in the taking of bids- and'the tabulating thereof, (4) Preparing contracts for contractors selected, (5) the inspection and supervision of the•instal:i.ation of all equipment-- all in accordance with their Proposal dated December 12,19349 and Be it and it is hereby fl.irther resolved by the said Board that the amount to be paid for such services shall be 3 ") of the t o9,al cost of the installation, and 'Be it and it is hereby further resolved by the said Board that the Honorable Common Council of the City of Rochester, Minnesota, be and is hereby requested to authorize the entering into of the said cont r ct." The following copy of resolution passed and adopted i 'by 'the Public Utility Board was read, and President Liddle ordered that the same be placed on file: "WHEREAS, the Public Utility Board of the City of Rochester, Minnesota, has employed Schuett, Meier and Company, designers, and Harold H. Crawford, architect, for preparing plans and specifications for an addition to the City Light Plant in the City of Rochester, Minne- sota, and WHEREAS, said plans and specifications have been Presented to the Public Utility Board for their approval together with an estimated cost in the amount of 99,133.60 , • and WHEREAS, said plans and specifications call for proposals under PWA requirements as well as a regular proposal. THEREFORE, be it and it is hereby resolved by'the said Public Utility Board that the plans and specifications be and are hereby approved subject to 'airy changes which might be made by the PWA engineers, and Be it and it is hereby further resolved that the Common Council of the City of Rochester be and is hereby requested to approve the said plans and specifications subject to any changes by the PWA engineers and that the said Common Council also authorize the said Public Utility Board to receive bids and award of contract under the said plans and speeifi-cations. " Alderman Moody introduced a resolution authorizing the Public Utility Board to enter into contract with Burlingame and Hitcheock,consulting Engineers of Minneapolis, Minnesota, in accordance with the above quoted resolution request,which was read. Upon motion by Green second by Fryer that the said resolution be adopted as read, and all voting in favor thereof, President Liddle declared the said resolution duly passed and adopted. 597 Alderman Fryer introduced the following resolution which was read: "WHEREAS, The Public Utility B:"ard of the City of Rochester, Minnesota, have presented plans, profiles, specifications and estimate of cost t'or alterations and additions to the local electric light plant, the said plans, and profiles being sheets No. 19 2, and 3, prepared by Harold T-T.. Crawford, Registered Architect, Rochester, Minnesota, and sheets 19 lA, 29 39 41, 5, and 69 Prepared by Schuett-Meier Company, Structural Engineers of St.Pa!il, Minnesota, and the said estimate of cost for $999138.609 and WHEREAS, the said Public Utility Board have asked for authority and a_proval to receive bids and award a contract under the said plans, profiles and specifications, and W 1EREAS, It is deemed expedient and necessary that the said alterations and additions be made and done and that the said authority and approval be given; SO THEREFORE, 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 Boa id hereby authorized to advertise for bids and enter into contract under the above mentioned plans, profiles and specifications for alterations and additions to the local electric li.it plant, at an estimated cost not to exceed �`„99,138.00, subject, however, to any change that might be made by P.W.A. Engineers; Be it further resolved by the said Common Council: That the following quoted resolution request passed and adopted by the Public Utility Board on December 17th91934. be and the said resolution is hereby incorporated and made a part of this resolution: 'WHEREAS, the Public Utility Board of the City of Rochester, Minnesota, has employed Schuett, Meier and Company, .designers, and Harold H. Crawfo architect, for Preparing plans and specifications for an addition to the City Light Plant in the City of Rochester, Minnesota, and WHEREAS, said plans and specifications have been presented to the Public Utility Board for their approval together with an estimated cost in the amount of 1199913816*-609 and WHEREAS, said plans and specifications call for Proposals under PWA requirements as well as a regular Proposal. TF*E?R ORE, Be it and it is hereby resolved by the said Public Utility Board that the plans and specifications be and are hereby approved subject to any changes which mi ht be made by the PWA engineers, and Be it and it is hereby further resolved that the Common Council of the City of Rochester be and is hereby requested to approve the said plans and specifications subject to any changes by the PWA engineers and that the said Common Council also authorize the said Public Utility Board to receive bids and award a con- tract under the said plans and specifications.' " Upon motion by Lemon second by 'Green that the said resolution be adopted as read, and all votinf► in favor thereof, President Liddle declared the said resolution duly passed and adopted. Alderman Anundeen introduced the following resolution which was -read: "WHEREAS, It is deemed expediant and necessary that a trunk line sanitary sewer be constructed in Broadway Street South between Third Street Southeast and Sixth Street Southwest, and in Sixth Street Southwest between Broadway Street South and Second Avenue Southwest, and in Second Avenue Southwest and Soldier Field, to the Sewage Lift Station at the southeast corner of the intersection of Fourth Avenue Southwest and Seventh Street Southwest , and WHEREAS, The City Engineer of the City of Rochester, Minnesota, has prepared and submitted plans, profiles, specifications and estimate of cost for the construction of a trunk line sanitary sewer as hbove described;. SO THEREFORE, Be it resolved by the Common Council of -the City of Rochester, MinnObota: That such trunk 1:.ne sanitary sewer as described above be constructed, that the said plans, profiles and specifications be adopted for the construction of the said trunk line sanitary sewer, that the same be placed on file in the office of the City Clerk of said City, that the said estimate of cost be accepted and that the same be placed oh file in the office of the City Clerk, subject, howeber, to such changes as the State Engineer, P.W.A. , may make before placing his approval upon the said plans, profiles, specifications and estimate of cost, and - Be it further resolved by the said Common Council: That further proceedings will be taken by this Common Council as to advertising for bids at cuch time as the said plans, profiles, spedifica- tions, and estimate of cost have been approved by the State En,.•-ineer, P.W.A." Upon motion by Moody second by "'ryer that the said resolution be adopted as read, and all voting in favor thereof, president Liddle declared the said resolution duly passed and adopted. The On Sale liquor license bond of Cyril R. Delaney, with the Seaboard Surety Com.,pany as surety thereon in the amount of was read and upon motion by Moody second by 7reen the said surety was accepted, the said bond -^a�i approved and it was ordered that the same be placed on file. 599 9 0 A lengthy ruling by the City Attorney on the subject of "pin ball -ames" was read and President Liddle ordered that the same be placed on file; his 'findings in the said rulinn being set :forth in the following quoted paragraph: "It therefore becomes a question eltirely of fact and not of law in the manner in which these games are operated unless a prize is given dr offered by the proprietor either in free plays, merchandize or cash for certain scores, the so-called "pin ball game" is not in my opinion a gambling device." The following copy of 'communication was read and under the City Clerk's request that it, be placed on file for further reference, President Liddle ordered that the same be placed on .file: " Copy Mr. Chas. H. Armstrong City Engineer Building Dear Sir: September 7, 1934. Please refer to your various disbursements made recently from the Brid`=e Fund and from the Street and Alley Fund for labor in connection with the Fourth Street Southeast bridge over the Zurt,ibro River, and be informed that if any of these expenditures ri--rtly belong to bridge construction you should make a statement of such items in a billing against the P.W.A. Docket #1473 Fund, Job 1,05, otherwise these iterris have gone throiagh the records as bridge mainten- ance in case of the Bridge Fund time checks and Street and Alley main- tenance in the case of the Street and Alley Fund time checks. Yours truly, A. F. Wri-ht City Clerk. " The following; request for riling in connection with the new 1I,ibrary Construction and the City Attorney's reply thereto were each read, and j President Liddle ordered that the same be placed on file: "November 30, 1934. Mr. J.mes T. Spillane, City Attorney, City. Dear Sir: Please refer to Sections 137 to 14C, inclusive, of the Charter of the City of Rochester, Minnesota, which are for the formation and governmBnt of the Library Board of this City, and to Sections 109, 112, and 1139 which contain the restrictions placed upon the City .Clerk as to si-ning of warrants m:.-tking disbursements of City Funds, and give me your written rulin79, first 0 600 on whether it is necessary that the Public Library Board come ! to the Common Council .for approval of contracts for architects Qervices, construction contracts, etc., in connection with the building of our new library; second, what procedure shall I use in order that the intent of Section 113 may be carried out; and third, insofaras the funds for library construction are in a special fund known as "New Library Building; Fund" in the City Treasury would it be right and proper that the Library Board, upon voueher-check-warrants countersigned by the City Clerk, to draw direct upon this account or should the appropriations be made by the Common Council. I will appreciate your early reply to this in order that I may have it before disbursements commence• Yours truly, A. F. Wright City Clerk*- " City Attorney's Office CITY OF ROCHESTER, MINNESOTA James T.Spillane,City Attorney December 15, 1934 M. A. F. Wright City Clerk Rochester, Minnesota Dear Sir: Receipt of your inquiry of the 30th is acknowledged. Your inquire as to the interpretation of Sections 137 to 146, inclusive, and Sections 109, 112 and 113 of the City Charter* You are advised in answer to your first inquiry that it is necessary for the Public Library Board to come to the Common Council for approval of contracts. Second, relative to the provisions of Section 1139 I know of no procedure available to you for the carrying out of the intent of that section.. I believe that you are justified in counter- signing arty Library Board warrant or order presented to you for your signature unless you know of any reason why the payment ordered in such warrant should not be made. , As to the third inquiry, I believe that the money for the library construction, being in a special fund, should be expended upon the vouchers of the Library Board countersigned by the City Clerk rather than to have the appropriation made by the Common Council. matter. I trust this answers all of your -inquiries relative to this Very truly yours, James T. Spillane,City Atty. " Lo w Upon motion by Lemmon second by Moody the sum of �59.57 was appropriated from the -General Fund and it was ordered that the said sum be paid to 00 E. McCoy, as compensation for injury during the period October 16th,1934, to November 22nd, 1934, inclusive. The following Finance Committee report was read and upon motion by Miller second by Amundsen, it was adopted and $83.75 was appropriated from the General Fund as a tempo rary,transfer from the General Fund, Code 18,to the General Fund, Code 7: "Rochester, Minnesota, December 17, 1934. Honorable Common Council _ City of Rochester, Minnesota Gentlemen: We, the Finance Committee and the Mayor of said City have investigated the claim of W. S. Mohler $83.75 for the furnishing May 3rd, 1933, of 3 cows, 3350 pounds at 2gV per pound, to the American Legion Welfare organization and deem it to be correct, and accordingly recommend the payment of $83.75 to W.S. Mohler through the Mayor's Contingent Fund. Respectfully submitted, THE FIN I,_NCE COMMITTEE By J. T. Lemmon, Chairman. Benj. S. Green S. Smith Fryer Julius J. Reiter Mayor of said City. " The following claims were read and upon motion by Amundsen second by Fryer the same were allowed and the Mayor and City Clerk were authorized and directed to draw warrants upon the City Treasurer and make payments accordingly: From the General Fund: Jerry Roan $13.30, E. J. Siem $3.00, Gamble Stores $10%77, Mass & McAndrew Co. $3.15, 0. Mestad $80.00, Minn. Northern Natural Gas Co. $1.50, Kruger Woodwork Shop 07.60, Briese Clothiers $2.601, 1.A.F. Wright $9.80, Mrs. Olive R. Jones $3.339 Witte Transportation Co. $.509 Burroughs Adding; Machine Co. $13.20 9 Farnham Print ing & Stat ionery Co. 013.04, James T. Spillane `w15.40, Rochester Cylinder Grinding Works ,58.59, Co -Operative Oil Co. $3.5'��, H. S. Adams $4:72, Devlin's $.50; Prom the Street and Alley Fund: Maass & McAndrew Co. $4.40, Rochester Cylinder Grinding Works 1.75, Hair- Welding Works .$3.001, Automotive Service Co. $2.94, Co -Operative Oil Co. 4"4.33, Dalsbo Electric Co. $35.349 E. A. Knowlton Co. 602 .19, Nelson Tire Service, Inc. 1.75, Rochester Ice & Fuel Co. P9.9.61, C. & N. W. Ry• Co. 20.719 General Fund, Code 28 156.93; From the Fire Protection Fund: Kruse Lamella -Lumber & Mfg. Co. $14470 9 Witte Transportation Co. $1.25, C. E. Ginther $5000; From the Sewer Fund: Dodge Lumber & Fuel Co. $.70, Fullerton Lumbet Co. ;70, Henry S. Blink $42.00, City of Rochester, Light Dept $74.54, Rochester Ice and Fuel Co. $115.929 Devlin's $.90; Department $6.10; From the Lighting Fund: City of Rochest er,Light From the Park Improvement Fund: Hugh Vincent Feehan $100.00, Rochester. Post -Bulletin $20-70, Ce & Ne W. Ry. Co. 01094. Alderman Fryer introduced a resolution granting pub - lie dance permit to the United Workers Association of Olmsted County, for public dance permit at the Woodman Hall 'December 19th919349 and fixing the fee at $3000 , which was read. Upon motion by Moody second by Fryer that the said resolution be adopted as read, and all voting in favor thereof, President t Liddle declared the said resolution duly passed and adopted. Alderman Amundsen introduced a resolution -granting public dance permit to T. V: Nagle for the Woodman Hall December 22nd, 25th, 29t h and 31 st ,1934 , and f ixin g the f ee at $12.00 , whi ch was read. Upon motion by Miller second by Fryer that the said resolution be adopted as read, and all voting in favor thereof, President Liddle declared the said resolution &nly passed and adopted. Alderman Amundsen intr_dduced the following resolution which was read: , "WHEREAS, the City of Ro chest er has heret0fo re entered into a contract with Pagenhart 1- Souther for the construction of two bridges' in the City of Rochester, Minnesota, one over Cascade 'Creek at Fourteenth Street Northwest and one over the Zumbro River at Fourth Street Southeast; and WHEREAS, the said contract provided for the construe- Lion and completion of said bridges not later than May 1,1934, and, WHEREAS, said contract and the work specified therein j I was not completed by said May 1,1934;- and, 603 WHEREAS, during the period. of time between the signing of said contracts .and May 191934 the City of Rochester and vicinity was visited by abnormal rainfalls for long periods of time, causing a number of floods at the points where the said bridges were being constructed and all along Laid river beds and the ; heavy rainfalls made it impossible for men to work on said jobs; and iNHERFAS, there was during said period a scarcity of skilled labor available for work on said contracts and the plans of said bridges were changed in such a manner as to require additional and unforeseen work on said jobs; and, WHEREAS.. THE Common Council of the City of Rochester, Minnesota believes that it was a physical impossibility for the said contractors to complete the said bridges within the time specified in said contract, all on account of the said above -mentioned conditions and through no vault whatsoever of the said contractors; -and, WHEREAS, U16 Common Council deem it expedient, necessary and for the best interests of the City of Rochester and said contractors that an extension of time be allowed said contractors within which to finish said jobs. THEREFORE, BE' IT RESOLVED, by the Common Council of the City of Rochester, Minnesota that an extension of time be granted and allowed to said contractors until September 191934 within which to finish and complete the said contracts and that no claim whatsoever be made by said City of Rochester under the liquidated damage clause in said contracts on account of the failure of said con- tractors to complete the said bridges prior to May 191934. BE IT FURTHER RESOLVED, by said Common Council that -a copy of this resolution be forwarded to William N. Carey, State Engineer, P.W.A., St -Paul, Minnesota." . Upon motion by Moody second by Fryer that the said resolution be adopted as read, and all voting in favor thereof, Presidemt Liddle declared the said resolution duly passed and adopted. Alderman Green introduced a resolution appropriating $446080 f the Park Improvement Fund and ordering payment made to the Mayo Trust Fund for pay- roll for labor during the week ending December 14919349 which was read. Upon motion by Fryer second by Moody that the said resolution be adopted as read, and all voting in favor thereof, President Liddle declared the said resolution duly passed and adopted. read: Alderman Lem on introduced the following resolution$which was "Be it resolved by the Common Council of the City of Rochester, Minnesota: That the sum of .$205.77 be and the -laid sum to hereby appro- priated from the Frank E.Williams Estate Fund of said City and. ordered paid to Kruse Lamella Lumber & Mfg. Co., for fuel, combination door, etc. ,. furnished during the Period November 13th to December llth919341, inel. (Fuel 1197.62, Repairs $8.15) The Mayor and City Clerk are hereby authorized and directed to draw a warrant for said sum upon the City Treasurer in accordance herewith, and cause said payment to be made. " Upon motion by Fryer second by Green that the said resolution be adopted as read, and all voting in favor thereof, President Liddle declared the said resolution duly passed and adopted. which was read: Alderman Miller introduced the following resolution "Be it resolved by the Common Council of .the City of Rochester, Minnesota: That pursuant to request of the Board of Park Commissioners, the 1934 tax levy for the Park Improvement IPund, the taxes in course of collection under 1933 and prior levies, and the cash on hand in the City treasury in the Park Improvement Fund as at December 1,1934 9 is hereby budgeted as follows, effective December lst,1934: 1933 & Cash in 1934 prior City Code. Levy. Levies. Treasury. `3. Soldier Field maintenance and improvement , $ 86130-00 250040 2. Kutzky Park maintenance and improvement , 1433400 3, Mayo Park maintenance and improvement, 1192247 4444.36 2140.00 4. Mayo Field maintenance and improvements 2100.00 500.00 5. St.MareS Park maintenance and improvement, 1g00.00 6. Central Park maintenance and improvement 600,00 70 Cascade Park maintenance and improvements 110000 8. Tourist Park maintenance and imp ro vem ent 50000 9. Parks Equipment maintenance and improvements 310000 150000 104Soldier Field Golf maintenance and improvement, 1000.00 11. Sk at ing Rink maintenance and improvem ent , 250.00 12.Concessions, purchases, sales, commissions,etc4, - 500.00 13. Sa.atterly Park maintenance and improvement, 15006-00 5000:00 14.01d Mill' Park maintenance and improvem ent 1650:00 15.Golf Equipment maintenance an d imp ro ven sat , 5 50.00 16. Overhead, 4000.00 300:00 17. Silver Lake Park maintenance and improvements 7894.0-62 1555� 38 18.Moto r Equipment maintenance improvement and purchases, 3710:00 191040 r $ 514226-69 $ 7444.35 6555.38 " Upon motion by Green second by Fryer that the said resolution be adopted as read and all voting in favor thereof, President Liddle declared the said resolution duly passed and adopted. Alderman Lemon introduced a resolution authorizing the Board of Park Commissioners to enter into contract with Ellis Motor Company for the furnish- ing of one two ton Dodge truck chassis and cab, model K45 with new Wood hydraulic hoist and eight foot body, at a cost of $14900109 and fixing the amount of the surety bond to be given by the said contractor at the sum of $1495.009 which was re Upon motion by Moody second by Amundsen that the said resolution be adopted as read, and all voting in favor thereof, President Liddle declared the said resolution duly passed and adopted. Alderman Moody introduced the following resolution, which was read: "Be it resolved by the Common Council of the City of Rochestert Minnesota: That Carl G. Schwarz, City Treasurer of said City, be and he is hereby authorized and directed to execute the proper papers for the release of the Liberty Loan bond mentioned in the following quoted communication, and accept instea $4,000.00 Federal Farm Mortgage Corporation bonds, as collateral trust deposit in lieu of a city depository bond: " OLMSTED' COUNTY BANDI; AND TRUST COMPANY Rochester, Minnesota December 1091934 Common Council of the City of Rochester Rochester, Minnesota Attention: A:; F Wright, City Clerk Gentlemen: The following Fourth Liberty Loan Bonds held by the City Treasurer in lieu of a Depository Bond for city funds, Nos. H 02639818, 6 606 B 02242602, R 02551428, and B 018054129 for $19000 each,have been called .for payment and ceased to draw interest on October 15. Will you kindly authorize the City Treasurer to accept $40000 in Federal Farm mortgage Corporation Bonds to release the Liberty Bonds. The Federal Farm Mor$gage Corporation Bonds, as you know, are guaranteed fully as to payment of principal and interest by the United States Government: This puts the bonds in the same class with any other government bonds: , Yours very truly, C. F. Dabelstein President Upon motion by Fryer second by Amundsen that the said resolution be adopted as read, and all voting in favor thereof, President Liddle declared the said resolution duly passed and adopted. which was read! Alderman Fryer introduced the following resolution "Be it resolved by the Common Council of the City of Rochester, Minnesota: That the following appropriations are hereby made in the amounts named and to the persons rind Funds mentioned in the amounts stated, which are in connection with the November,1934, tax settlement: $66848 from t'he General Fund, Code 7, $364.44 of the same to General Fund Code 18 for return of temporary transfer, and $303664 to Julius J. Reiter, Mayor for use in his Contingent Fund, he to properly account for the disbursements therefrom; $283.79 from the General Fund., Code 109 $38.47 of wb.ich is to go to the General Fund Code 19 $65.46 to ^eneral Fund Code 49 and $165.81 .to General Fund Code 18, each for return of temporary trans- fers, and $14:05 to City Farm Fund for Financial Assistance to the City Farm; $83466 from the General ;'und Code 25 to the City Farm Fund for garbage service assessment collections; $279'.16 General Fund Code 27 to New City ball Fund, apply on overdraft; $1046,56 Street and Alley and Code 11 to General Fund Code 18, for return of tempoyary transfer; $8.53 Sewer Fund Code 15 to General Fund Code 18 for return of temporary transfers; 607 $409.31 Sewer Fund Code if to City of Rochester, Water Department for water used cleaning end flushing sanitary sewers and surface drainage sewers; $95.80 Musicai Engertainment Fund to the Band Fund Code 19 for furnishing free musical entertainment to the general public. The Mayor and City Clerk are hereby authorized and directed to draw warrants upon, the City Treasurer and make payments accordingly. " Upon motion by Amundsen second by Green that the said resolution be adopted as read, and all voting in favor thereof, President Liddle declared the said resolution duly passed and, adopted. Alderman Green intro du ced a resolution making appropriations for supplies Ised between departments and for gravel used from the Grassle gravel pit during September, October and November,19349 which was read. Upon motion by Green second by Fryer that the said resolution be adopted as read, and all voting in favor thereof, President Liddle declared the said resolution duly passed and adopted. Alderman Moody introduced a resolution making appropriations for equipment used between departments during October abd November91934, which was read. Upon motion by Fryer second by Green -that the said resolution be adopted as read, and all voting in favor thereof, President Liddle declared the said resolution duly passed and adoptedr Upon motion by Lemmon second by Green the Common Council adjourn4 0 o O City Clerk.