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HomeMy WebLinkAbout02-02-1942502 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINN.,_ February 2, 1942 Minutes.of an adjourned regular meeting of the Common Council of the City of Rochester, Minnesota, held in the Council Chambers, in the City Hall in said City, on February 2, 1942. President Lemmon called the meeting to order at 2:00 o'clock P.M., the ollowing members being present: President Lemmon. Aldermen Anderson, Bowers, ans6n, Mrachek, Williams, Yaeger. Absent: none. Upon motion by Hanson, second by Yaeger, the minutes of the meetings of anuary 2nd, January 5th and January 23rd, 1942, were approved. President Lemmon stated this as�being the time and -place set for a hear- ing on the construction of a storm sewer, sidewalk and bituminous street widening on Twelfth Street Southeast from Third Avenue Southeast to Eleventh Avenue South- east. There was no one present wishing to be heard. A communication from Kris Nielson requesting permission to use 12 inch galvanized pipe for a temporary water service to new houses to be constructed on Tenth Street Northwest between Fourth and Fifth Avenue Northwest was read, and upon motion by Bowers, second by Williams the matter was referred to the Public Utility Board. A copy of -a letter written by James J. blacken, Jr. and addressed totihe Police Civil Service Commission, Harry N. Tompkins, Chief of Police, and Fred R. Finch, City Clerk, requesting that he be granted a leave of absence from his duties as a patrolman on the Police Department of the City of Rochester during the period of his sellvice in the Army, was read, and President Lemmon referred same to the Police Civil Service Commission. The City Engineer's request that $5000.00 be appropriated from the Stre and Alley Fund, and $3000.00 from the Sewer Fund, for use of the Street and Alley Committee was read, and President Lemmon ordered same placed on file. The following copies of resolutions passed and adopted by the Commissior ers of the Sinking Fund on January 28, 1942 were read: "That the sum of $2035.00 be appropriated from Code 24 of the Sinking Fund and ordering payment made to the Sinking Fund, Code 23, to make same available for purchase of State of Minnesota Rural Credit Deficiency Fund 1.60% Certificates of Indebtedness; That the sum of $37.56 be appropriated from the Sinking Fund and ordered paid to the First Nation- al Bank of Rochester, for payment of accrued interest on $55,000.00 State of Minn- esota Rural Credit Deficiency Fund Certificates of Indebtedness from date of Jan- uary 15, 1942 to January 30, 1942; and That the sum of $15,262.50 be appropriated from the Sinking Fund and ordered paid to the First National Bank for the purchase of State of Minnesota Rural Credit Deficiency Fund 1.60% Certificates of Indebted- ness from Kalman & Company for Sinking Fund investments." 503 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINN., February 2, 1942 Upon -motion by Mrachek, second by Hanson, the action of the Commissioner of the Sinking -Fund was approved. A letter -from the Rochester Fire Department Relief Association request- ing approval of th-e following loans: to W. Lyle Brown in the amount of $2550.00- on his home located at 1134 Fourth Avenue Southeast; Peter S. Mackey, $400.00 in addition to his present loan of $905.00; and a loan of $400.00 to Charles Shields in addition to his present loan of $1539.32, was read and President Lemmon referre same to the Finance Committee. The recommendation of the hoard of Zoning that the petition of a majori of the owners of real estate abutting on the north side of First Street Southwest between Seventh Avenue Southwest.and Eleventh Avenue Southwest -be granted; was read, and upon motion by Mrachek, second by Williams the action of the Zoning Boa was approved and the City Attorney was instructed to prepare an amendment to the Zoning Ordinance including the above described real estate in the Multiple Dwellir Zone. The recommendation of the Finance -Committee that the loans by the Roch- ester Firemen's Relief Association to W. Lyle Brown in the sum of $2550.00, Peter S, Mackey and Charles Shields each in the sum of $400.00, be approved was read, an upon motion by Bowers, second by Anderson the Finance 'Committee recommendation wa approved. A plat of land to be known as Nielson's Sub -Division of Lands in the Northwest i of Section 35-107-14 in the City of Rochester, Minnesota, was presente to the Common Council, and upon motion by Bowers, second by Hanson the Plat was accepted and the City Clerk was instructed .to sign the certificate showing the action taken by the Common Council. Upon motion by Mrachek, second by Hanson, the City Clerk was instructed to request the various Boards and Department Heads to submit inventories as of February 28th, 1942. Mr. Carl Munkholm appeared before the Council and protested the sprink- ling assessment levied against his property, and President Lemmon referred same to the Sprinkling Committee. The reportsof the Building and Plumbing Inspector for the -month of Jan - nary, lQ42, showing fees for building permits issued, $42.00 and fees for plumbing ermits issued, $27.00, were read and President Lemmon referred the same to the inance Committee. The report of the Electrical Inspector for the month of January, 1942, howing fees for -electrical permits• issued, $11.75, was read and President emmon referred same to the Finance Committee. The reports of the Clerk .of the Muni-cipal Court for the week ending 504 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINN., February a, 1942 January 24, 1942, showing criminal fines and costs collected $339.90,.civil fees received $6.35 and conciliation court fees $7.00, and for the week ending January 31, 194+ , showing criminal fines and costs collected $137.00, civil fees received ,I$5.60., and conciliation .court fees $5.2.5, were each read, and having been previous Ily approved by the City Attorney, President Lemmon ordered that same be placed on Applications for license to sell cigarettes at retail of Lillian's 10offee Shop, Tauer's Food Store #1, Tauer's Food Store #2, Tauer's Food Store #3, lHillside Food Shop, Fred A. Root, Louis S.,Anderson, David E. Dee, Parker Hotel, jWeber & Judd's (Masonic Temple Store), Weber & Judd's (Kahler Hotel), Weber & Juddli's 0135 - 2nd St. S.W..),. Ray G. Lifto, James Miller, G.eorege A. Moore, Ray McKenny, land Swarts Grocery were each read, and upon motion by Hanson, second by Mrachek, the licenses were granted. The applications for Master Electrician's License of Arthur A. Brown, Fred A. Roepke and J. A. Peterson were each read, and upon motion by Bowers, secor. 1by Williams, the licenses were granted. The applications of Arthur A. Brown and the Peterson Electric Company Ifor Electrical Contractor's License, were each read, and upon motion by Anderson, (second by Mrachek, the licenses were granted. The application of Harold Richards for a Journeyman Electrician's Lic- tense was read, and upon motion by Hanson, second by Bowers, the license was grante The applications of Vernon Ellinghysen, Harold Dingfelder, Frank E. Salley and Donald Taylor for Driver's License were each read, and upon motion by (Mrachek, second by Hanson, the licenses_were granted. The applicationsof Clarence E. 2arske,to o-oerate one machine, and David IE. Dee for license to operate two machines for vending soft drinks or confections 1were each read, and upon motion by Bowers, second by Mrachek, the licenses were 1granted. The license bonds of Fred A. Roe-oke and J.A. Peterson in the sum of 1$1000.00 each with the National Surety Corporation as surety, and the license bond iof Arthur A. Brown, in the .sum of $1000.00 with the Western Surety Company as suret were each read, and upon motion by Williams, second by Anderson, the said bonds were approved, the surety thereon accepted and it was ordered that same.be placed Ion f ile. Upon motion by Williams, second by Mrachek, final action on the (revised Building Code was postponed. The following claims were read, and upon motion by Williams, second by Yaeger, 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: 505 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF - ROCHESTER, MINN., February 2. 1942 From the General Fund: Weber & Judd's, $19.26; Foss Refrigeration Co., $114.25; Rochester Plumbing & Heating Co., $0.90; Garnet _Spring, $10.00; Schmidt Printing Co., $0.50; Miller —Davis Co., $7.07; Wm S. LaPlante, $20.00; Gust Bottke, $20.00; Arnold S. Weiberg, $49.00.; Henry Lindberg, $17.50; Joseph Schuster, $17.5C Keystone Envelope Co., $12.97; Postier & Eggers Co., $1.50. . From the Street and Alley Fund: _Postier & Eggers.Co., $0.35; Owatonna Tool Co., $9..04; Jacob Johnson, $1.00;- Minneapolis Moline Power Implement Co., $3.77; Midway Texaco Service,-$l.50. From the Fire Protection Fund: Street & Alley Fund, Code 1-3, $3.79- F From the Sewer Fund: General Fund, Code 29, $2. 77•, City of Rochester, Public Utilities, $77.4o. From the Park Improvement Fund: -Hack & Goetting, $27.00; The Rochester Visitor, $9.00; Armour & Company, $21.66. From the Lighting Fund: City of Rochester, Public utilities, $22.30. Alderman Anderson introduced a resolution appropriating $24.00 from thei General Fund, $5.40 from the Street & Alley Fund, and $4972.59 from the Lighting Fund and ordering payment made to•the City of Rochester, Public Utilities, which was read. Upon motion by Williams, second by Yaeger that the said resolution be adopted as read, and all voting in favor -thereof, Pr-esident Lemmon declared the said resolution duly passed and adopted. Alderman Anderson introduced a resolution appropriating $1400.10 from the Street and Alley Fund and ordering payment made to the General Fund, Code 29, for gasoline furnished from Tank Car RPX 146, which was read. Upon motion by Mrachek, second by Bowers that the said resolution be adopted as read,.and all voting in favor thereof, President Lemmon declared the said resolution duly passed and adopted. Alderman Anderson introduced a resolution appropriating $1431.70-from tr Park Improvement Fund and ordering payment -made to the Mayo Trust Fund for payroll for last half of January, 1942, which was read. Upon motion by Hanson, second by -Anderson that the said resolution be adopted as read, and all voting in favor thereof,:President Lemmon declared the said resolution duly passed and adopted. Alderman Bowers introduced a resolution appropriating $270.00 from the General Fund..and.ordering payment made to the City of Rochester, Public Utilities or steam heat for the City Hall, which was read. Upon motion by Bowers, second by Hanson that the said resolution be dopted as read, and all voting in favor thereof, President Lemmon declared the said.resolution duly passed and adopted. 5 0 6 .RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL. OF THE CITY .OF ROCHESTER, MINN.,_ February 2. 194 Alderman Bowers in�roduoed a resolution appropriating $2000.00 from the eneral Fund and ordering payment made to the Park Improvement Fund for monthly ransfer, which was read. Upon motion by-14rachek, second by Hanson that the said resolution be. dopted as read, and all voting.in favor thereof, President Lemmon declared the said resolution duly passed and adopted. Alderman Bowers introduced a resolution appropriating.$2939.64 from the eposits for Licenses and Permits Fund and ordering payment made to the -General. fpr transfer of funds, which was read. Upon motion -by -Yaeger, second by Hanson that the said resolution be dopted as read, and all voting in favor thereof, President Lemmon declared the aid resolution duly passed and adopted. Alderman Yaeger introduced a resolution appropriating $709.1�- from the ighting Fund and ordering payment made to the Foster Electric Company for Christ - as Street Lighting, which was read. Upon motion by Yaeger, second .by Williams that the said,resolution be dopted as read, and all voting in f a.vor thereof, President Lemmon declared the said resolution duly passed and adopted. Alderman Yaeger introduced a resolution appropriating $5000.00 from the treet & Alley Fund and $3000.00 from the Sewer Fund for use of the Street and lley Committee, which was read. Upon motion by Bowers, second by Yaeger that the said resolution be adopted as read, and all voting in favor' thereof, President Lemmon declared the said resolution duly passed and adopted. Alderman Williams introduced a resolution granting a Public Dance Permit to the Co-operative.0il Credit Union, which was read. Upon motion by Hanson, second by.Bowers.that the said resolution be Adopted as.read, and all voting in favor thereof, President Lemmon declared the said resolution duly passed and adopted. Alderman Williams introduced a resolution, granting a Public Dance Per - it. to Grant L. Fellows, which was read. Upon motion by Mrachek, second by Yaeger that the said resolution be .dopted as read, and all voting in favor thereof, President Lemmon declared the said resolution duly passedand adopted. Alderman Mrachek introduced a resolution appropriating $312.40 from the General Fund and ordering payment.made to Alvin E. Benike for radio equipment building constructed in Water Toi,rer, which was read. Upon motion by Anderson, second by Bowers that the said resolution be adopted as read, and all voting in favor thereof, President Lemmon declared the 507 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINN., February 2, 1942 said resolution duly passed and adopted. Alderman Mrachek introduced a resolution ordering .a hearing on improve- ments on Twelfth Street Southeast, said hearing to be held at 7.:30, ol.clock P.M. on February 25, 1042,, which was read. Upon motion by Hanson, second by Boifers.that the said resolution be adopted as read, and all voting in favor thereof, President Lemmon declared the said resolution duly passed and adopted. Alderman Hanson introduced a resolution appointing the Judges of Elec- tion for 1942, which was read. Upon motion by Mrachek, second by Williams, that the said resolution be adopted as read, and all voting in favor thereof, President Lemmon declared the said resolution duly passed and adopted. Alderman Hanson introduced a resolution authorizing the City Treasurer to release securities deposited as collateral and accepting replacements, which was read. Upon motion by Williams, second by Hanson that the said resolution be adopted as read, and all voting in favor thereof, President Lemmon declared the said resolution duly passed and adopted. Alderman Williams introduced a resolution.appropriating $269.35 from the General Fund and ordering payment made to the General Fund, Code 29, for 1935 gallons of gasoline from Tank Car RPX 146, which was read. Upon motion by Anderson, second by Mrachek that the said resolution be adopted as read, and all voting in favor thereof, President Lemmon declared the said resolution duly.passed and adopted. Alderman Williams introduced a resolution rescinding the action of the Common Council in accepting the bid of Carl West for the purchase of a truck for use of the Street and Alley Department, which was read. Upon motion by Williams, second by Bowers that the said resolution be adopted as read, and all voting in favor thereof, President Lemmon declared the said resolution duly.passed and adopted. Mr. T. M. McDonnell, representing a number of owners or operators of coin vending machines, appeared before the Council and protested the Ordinance requiring the licensing of such machines, and upon motion by Mrachek, second by Williams, the matter was referred to the Mayor, the Ci.ty Attorney and the License (Committee. Mayor Grassle recommended that a new master map be provided for the use f the City Assessor, and after discussing the matter with the City Engineer, a otion was made by Williams, second by Mrachek that the recommendation of the Mayo RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINN., Febrnnry P. 194? Jbe accepted and the matter of purchasing maps be referred to the Survey Committee and the City Engineer. Mr. H. G. Stillwell, Real Estate Appraiser from the State Department of Taxation,_ had offered to meet with the Common -Council and City officials and dis- cuss matters in regard to real estate taxes in the City of Rochester, and upon motion by Williams, second by Anderson, the Mayor was authorized t.o arrange a meeting with Mr. Stillwell. Upon motion by Williams, second by Hanson, members of the Survey Com- Imittee, the City Clerk and the assistant City Engine.er were authorized to go to Albert Lea to inspect office equipment and system as set up by the City of Albert Lea. Upon motion by Anderson, second.by Bowers the City Engineer was instruc- Ited to prepare specifications for a three to four ton capacity truck for use of Ithe City Engineer's Department. The City Attorney presented the following opinion in regard to -the clain lof Chester R. Fellows against the City of Rochester, Minnesota: "The facts appear that Chester Fellows while on duty and acting within the scope of those duties, was injured in 1926 during a bank robbery in the City of Rochester. It further appears that there was no notice of the injury given to the Industrial Com- mission by the City, of the injury to their employee. It fur- ther appears that more than six (6) years have elapsed since the date of that injury. Section 4282 Ma nnesota Statutes 1927, Sub -Section L provides: 'Actions7or proceedings by an injured employee to determine or recover' compensation; two (2) years after the employer has made written report of the injury to the Industrial Commission, but not to exceed six (6) years from the date of the accident.' This provision appears to be mandatory upon the part of the injured employee to institute his action within six (6) years from the time of the injury. Subsequent injury occurred to the employee while on duty in Soldiers Field and this injury occurred within the six (6) year limitation period. There appears that no notice was given the Industrial Commission of the injury by the City of Rochester. If such injury did occur, then the period of limita- tion has not yet expired.. It might appear that the limitation could be waived, if it were not mandatory, but such waiver would. not be binding upon future Councils and such an act might tend toward inequality. in• the treatment of City employees. Assuming that partial permanent disability resulted from the injury suffered by the employee at Soldiers Field, the Council has nothing definite to act upon.- There are no percentages of disability yet determined., and until such time as medical proof of the percentage of disability is submitted, there is no stand- ard established u-non which an award can be made. In view of the fact that it might be well to establish a precedent which would,..in the future, result in future employees being treated in a like manner, I think it advisable to submit the entire matter to the Industrial Commission_ of the State of Minnesota for a determination of the employee's rights.". 509 RECORD OF OFFICIAL. PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINN., February 2,. 1942 The City Attorney further recommended that Chester R. Fellows take up the matter of the settlement of his claim with the State Industrial Commission, and that he could obtain Council from the Industrial Commission or retain private Council. ` Upon motion by Williams, second by Bowers, the City Attorney's recommen- dation was approved. ` Upon motion by Mra.chek, second by Yaeger the meeting was adjourned until 7:30 o'clock P.M. February 9, 1942. i - t /j City Clerk r - AI 9 i i