HomeMy WebLinkAbout04-11-1949Record of Official Proceedings of the Common Council
of the City..of Rochester, Minn., April 11, 1949
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
April 11, 19k9,
President Lemmon called the.meeting to order at 7:30 o'clock P.M. the following
members being present: President Lemmon, Aldermen Amundsen, Anderson, Kennedy, Miner,
Morris and Theel. Absent: None..
-Upon motion by Morris, second by _Theel,, the minutes of the meeting of April, 4,
1349 were approved.
President Lemmon stated this as being -the time,and place set for a hearing on
the proposed change of zoning of the North 78 feet of Lots 5 and 6, in Block •84, of Moe
and Olds Addition, owned by Luella and.Rhoda Olson. There was no one present wishing to
be heard.
President Lemmon stated this as being the time and place set for a hearing on
the proposed change o.f zoning of Lot 8, except the East 48 feet thereof, in Block 92, of
the Original Plat of the City of Rochester,,owned by Max Shapiro. There was no one
present wishing to be heard.
Upon motion by Theel, second by Amundsen, the requested changes in zoning were
approved a.nd the City Attorney was instructed to prepare an amendment to the Zoning
Ordinance making the,said changes. ,
President Lemmon stated this as being the time and place set for a hearing on
.the, proposed change of zoning of. Lots 9 and 10, in Block 64, of the Original Plat of the
City of Rochester, owned by Marigold, Dairies, Inc. Mr, H. S. Patterson was present at
the meeting and again protested the rezoning of Lots 9 and 10,, in, Block 64, of the
Original Plat as industrial property. Mr-. William H. Gurneie, Attorney from. Winona, was
also present at the meeting representing Mr. Patterson. After hearing those opposed
to the zoning change, and, also Mr. A. H. Clemens, Attorney for the Marigold Dairies, a
motion was made by Theel, second by Amundsen, that the zoning change be made_as.requested
and that the City Attorney prepare an amendment to the Zoning Ordinance.rezoning the
said property as an industrial zone.
Mayor McQuillan stated that Mayor Delaney, of St. Paul, had designated
November 3, 1949 as'Truman Day at the Minnesota Centennial .Celebration and he further
stated that Mayor Delaney had requested that the Common Council of the City of Rochester
adopt a resolution requesting President Truman to be present in St. Paul on that day and.
that a certified copy of the said resolution be forwarded to President Truman and also
a certified copy to Mayor Delaney of St. Paul. Upon motion by Anderson, second by
Miner, the City Attorney was instructed to prepare the said resolution.
The matter of funds being transferred from the Public Utility Department to
the General Fund was again disucssed by the Mayor, who stated that some method might be
adopted whereby funds could be obtained from the Public Utility Department for services
Record of Official Proceedings of: the. Common Council
of the Cit of Rochester, Minis.,.: pr;il. 11,. 1949
rendered instead of the payment of 10% of the gross income on electricity and water, they,
legality of which the Mayor again questioned.
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The following recommendation of the City's Advisory Finance Committee was read?j
and President Lemmon ordered that the same be placed on file:
"Honorable Mayor and Common Council
City of Rochester, -Minnesota
Gentlemen: -
Your Advisory Finance Committee appointed by Mayor McQuillan
held its first meeting on April 6, 1949 and considered the financial
situation facing the city because of the stoppage„of the so-called
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gross earnings tax payments from the Public Utility fund to the
General fund. It appears that in setting the -budget at its October,
1949 meeting for the period ending April 1, 1950 the Council, as did
-many preceding Councils, included and anticipated tax payments in
the revenue column for the ensuing fiscal period. From the,
information before this committee there does not seem to be any good
reason why this practice should not be continued at least on a
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temporary basis. We, therefore, recommend that commencing with
December, 1949 and ending April 1, 1950 the Public Utility Board
continue to pay to the General fund of the city in monthly
installments the agreed ten percent gross earnings tax. There does
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not appear to be any other method of keeping the General fund out
of the red.-
It is possible that this committee or a similar one could be 1
of some future service to the city in the consideration of its �!
financial matters.. l
We wish to express our appreciation to Mayor McQuillan;
Aldermen Lemmon and Morris and Secretary Lentfer of the Utility
Board for their assistance in our deliberations.
Respectfully submitted,
M. M. HAYDEN
0. U. HABBERSTAD
C. F. DABELSTEIN
JAMES T. SPILLANE I
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A. C. GOODING, Chairman"
Upon motion by Morris, second by Anderson, the matter was referred back to they
said Advisory Finance Committee. All voted in favor thereof.
I' Mr. Robert Petersdorf asked if any action would be iaken'on the matter of
salaries for the ensuing year. A motion was made by gerinedy, second by Theel, that no
action be taken on the matter of setting salaries or the appointments of City officials
'until it - was determined what finances would be available in the General Fund during the
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fiscal year beginning April 1, 1949 and ending March 31,-1950. All voted in favor thereof.
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The Mayor recommended that the Council adopt a resolution or.an ordinance
which would permanently set up a Committee to advise the Council on budgets and other
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City financial matters,. Upon motion by Morris, second by Amundsen, the City Attorney
was instructed to investigate the possibility of preparing anr,ordinance which would
create an Advisory Committee to work with the Common Council,
Mayor McQuillan asked that a ruling be obtained from the Attorney General as
to whether or not a 1903 Law would apply to the Public Utility Board, which la.w. states that
the Board should consist of 6 members instead of 3. Upon motion by Anderson, second by:,
Morris, the City Attorney was instructed to ask for the said ruling.
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Mr. Russell Sander's, representing a committee from the Junior Chamber of
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Record of Official Proceedings of the Common: Council
of the City of Rochester, Minn., April l l ,, 1949
Commerce, again asked that the Common Council make an appropriation which would be used
for furnishing music at the annual Gypsy Frolic. Upon motion by Kennedy, second by
Anderson, the sum of $199.00 was appropriated from the Band Fund for the purpose of
furnishing music at the Gypsy Frolic.
The Mayor's appointment of Mr. Ralph J. Stevens to the Board of Public Health
& Welfare was read. A motion was made by Morris, second by Theel, that the appointment
of the Mayor be approved. All voted in favor of the motion.
The Mayors appointment of Mr. Robert Petersidorf to the Police Civil Service
Commission was again -considered. A motion was made by Miner, second by Amundsen, that •
the appointment of Mr. Petersdorf be not approved. All voted in favor of the motion.
The assignments of the following banks in consideration of.their designation
as a depository of public funds of the City of Rochester. Minnesota were each read and
President. Lemmon ordered that the same be placed on file: First.National Bank in the
amount of $420,000.00, Union National Bank in the amount of $300,000,00 and Olmsted
County Bank & Trust Company in the amount of $197,000.00,
A petition to change a part of Lot 35 in Auditor's Plat. "A" directly west
across the highway from the Outdoor Theater from a residential to a commercial zone was
read and President Lemmon referred the same to the Board of Zoning.
A petition signed by 15 business concerns on Broadway between First and Second
Streets North%,,-:. that one hour parking limits be again established on the parking meters
instead of two hours was read and upon motion by Theel, second .by Anderson, the matter
was referred to the Police Committee and the Acting Chief of -Police.
A petition for construction of a curb and gutter on both sides .of Sth Street
Northwest from 2nd Avenue to 4th Avenue Northwest was read and President Lemmon referred
the same to the Street & Alley Committee and the City Engineer.
The report of the Building Inspector that the property located at the corner
of llth Avenue and 6th Street Northwest was in an industrial district but that the said
property could not be used four a junk yard and that he had notified Mr. Shapiro of this
provision in the Zoning Ordinance was read. He further stated that Mr. Shapiro had •
agreed to remove the materials now stored on the said property as soon as he could
dispose of same. Upon motion by Anderson, second by Morris, the Building Inspector's
report was accepted and ordered placed on file.
The City Engineer's preliminary estimate for installation of.traffic control
signals on Broadway under two different plans was read. The estimated cost under plan
No. 1 in the amount of $17,000.00 and plan No. 2 in the amount of $7,500.00 were each
considered by the Council. A motion was made. by Anderson, second by Amundsen, that the
City Engineer, the Acting Chief of Police, and the Fire Chief prepare completed plans
and specifications under plan No. 2 and present same to the Council at the next meeting
if possible.
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Record of 'Official Proceed l.gs of t;lie Cornrndn 'Council
of the City of Rochester, 1Vlinb. Apr 11 11 1949
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The report. of the Clerk of the Municipal Court for .the week ended April 9,
1949 showing total criminal fines and costs collected $1.475.50, civil fees received
$6.30 and conciliation court fees $.50 ' was read and having been previously approved by
the. City Attorney, President Lemmon ordered that the same be placed on file.
The annual report of the Public Utility Board was presented and upon motion by
Morris, second by Miner, the same was ordered placed on file.
The report of the City Treasurer for the month of March, 1949 was read and
President Lemmon ordered that the same be placed on file.
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The applications of Rochester Chamber of Commerce, Clarence Sather and Queen
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City Post #496 for license to sell non -intoxicating malt liquors "on sale" were each
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read and upon motion by Morris, second by Anderson, the licenses were granted.
The applications of Donald Cunningham and Clarence Sather for license to sell
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non -intoxicating malt liquors "off sale" were each read and upon motion by Theel, second!]
by Kennedy, the licenses were granted.
The applications for license to sell cigarettes of Rochester Chamber of Commerce
Haf nerds Ice Cream Store, Gregory Pappas, Clarence Sather,.By-Lo Grocery, Campbell Hotel,"
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& Apartments, William J. Ranfranz, Thrifty Drug Store,.Roy Brown, Avalon Cafe and
(Clarence E.'Zarske were each read and upon motion by Kennedy, second by Morris, the
licenses . were granted.
The applications.for Journeyman Electrician's License of Herbert For.dham, Charles
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IBilderback, Vernon G. Keehn, Alton Rittenhouse, Floyd Rasmussen, Don E. Postier, John R.,!
Kiefer and Everett A. Engle were each read and upon motion by Miner, second by Amundsen,;,
the licenses were granted.
The applications of Emil Nietz and Charles R. Briese for Master Electricians.
License were each read and upon motion by Amundsen, second by Miner, the licenses were
granted.
The applications of 0. S. Cummens and Emil Nietz for Electrical Contractors
License were each read and upon motion by Anderson, second by Miner, the licenses were
granted.
The applications for Journeyman Heating Workers' and Steam Fitters License of
Reidar E. Pederson, William §chellin, Joseph McCoy, Harold R. Rahbain, Clair J. Porter,
Rudolph Brust,. G. F. Sullivan, Prank L. Williams, Lewis J. Roessler, Arnold G. Wilke,
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A. M. Carroll, Leonard Karsten, J. J. Fitzgerald, Ivan L. Lovelace, Paul Ab6rva,ld,
Robert M. Roessler, Fred Loeding, Harold Dornack and Joseph-Lynaugh were each read and
upon motion by Theel, second by Morris, the licenses were granted. ;I
The applications for Hot Air Heating, Air Conditioning and Ventilating
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Contractors license of Regan and Edwards and Thompson -Burrows Company were each read ands!
and upon motion by Amundsen, second by Anderson, the licenses were granted.
The applications for Journeyman Plumber's license of Reidar E. Pederson, Herbert
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Record of Official Proceedings of the Common Council of
of the City of Rochester, Minn., April 11, 1949
L. Winter, William Schellin, Milo E. Brown, Carl G. Meyers, Harold R. Rahbain, Charles M.
Galloway, Lewis J. Roessler•, Arnold G. Witzke, Leonard Karsten, Paul Aberwald, John R.
Swenson, Robert M. Roessler, Fred Loading and Joseph Lynaugh were each read and upon -
motion by Morris, second by Miner, the licenses were granted.
The applications for Hot Water and Steam Heating Contractors. License of George
Krudwig and Maass and McAndrew Company were each read and upon motion by Kennedy,
second by Miner, the licenses were granted.
The applications of George Krudwig and Maass and McAndrew Company for Master
Plumber's license were each read and upon motion by Theel, second by Morris, the licenses •
were granted.
The applications for license to sell soft drinks of Clarence E. Zarske, N. T.
Winkler, Mildred Parent, Thrifty Drug Store, William J. Ranfranz, Campbell Hotel and
Apartments, Clarence Sather, C. P. Fjerstad, E. A. Knowlton Company, Gregory Pappas,
Hafner s Ice Cream Shop and Rochester Chamber of Commerce were each read and upon motion
by Anderson, second by Miner, the licenses were granted.
The application of Dean R. Leaf for a license to operate a pool hall.(10 tables)
was read and upon motion by Theel, second by Morris, the license -was granted.
The applications of Bernard Lumelsky and Art Chaddock for Junk Dealer's
license were each read and upon motion by Amundsen, second by Anderson, the licenses
were granted.
The applications for Cement Contractor's licenseo.f Charles H. Hammond, E. J.
Vonch, The Kruse Company, Stocks and Olson, Henry J. Giese and Gordon Winslow Company
were each read and upon motion by Kennedy, second by Anderson, -the licenses were granted.
The applications of Jack'Batdorf and George Krudwig for license to connect
with sewers and drains were each read and upon motion by Morris, second by Miner, the
licenses were granted..
The applications of Huey's Cigar Store, The Brechwald, Hassig Outdoor Adv.
Company, Rubenstein Furniture, Skelly Brothers, Donis Liquor Store and Leaf's Cafe for •
a permit to place and maintain a sign were each read and upon motion by Amundsen, second
by Kennedy, the permits were granted.
-The applicationscf Henry Van Dith and Charles Cathelyn for taxi cab license
were each read and upon motion -by Theel, second by Amundsen, the licenses were not
granted.
The application of the Holland Furnace Company for a Hot Air Heating, -Air
Conditioning and Ventilating Contractors license was read and upon motion byTheel,
second by Kennedy, the license was granted:
The bonds of Jack Batdorf in the sum of $1,000.00 with the Hartford Accident
Indemnity-Companys sur t Holland Furnace Company in the sum of 1 000.00 with
and a surety, p y $ ,
the Maryland Casualty Company as surety, Bemel Auto Parts Company in the sum of $1,000,00
329
Record .of :'Official Proceedings `of .the Carrimon Council
„ the City of Rochester, Min,ri:, , April 11
. 1949
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with the Western Surety Company as surety, Charles Harris in the sum of $1,000.00 with the
Aetna Casualty and Surety -Company as surety, and Edw. T. Connolly, Martin Paulson and I
George Krudwig ( 3) each in the sum of $1, 000.00 with the Fidelity .and Casualty -Company
of New York .as surety were.each read -and upon motion by Kennedy, second by.Theel, the
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bonds were approved, the surety thereon accepted and it was ordered that the same be '
placed on file-.
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Alderman Anderson introduced a resolution -accepting the collateral, assignment';
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etc. of the "First National Bank in lieu of a depository bond, which was read. ;!
Upon motion by Amundsen, 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 Amundsen introduced a resolution accepting the collateral, assignment;
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etc. of the Union National Bank in lieu of'a depository bond, which was read. ,
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Upon motion by Anderson, second by Kennedy, that the said resolution be adopted
as read, and all voting in favor. thereof, President Lemmon declared the said resolution
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duly passed and adopted.
Alderman Amundsen introduced a resolution accepting the collateral, assignment
tc. of the Olmsted County Bank & Trust Company in liem of a depository bond, which -was
r ead.
Upon motion by Kennedy, second by Miner, that the said -resolution be adopted
as read, and all .voting in favor, thereof, President Lemmon, declared the' said'' re -solution
my passed and adopted.
Alderman Theel introduced a. resolution granting. -one dance permit to Cedric R.
ros sbach, which was read.
Upon motion by -Miner, second by Morris, that the said resolution be adopted
as read,
and all voting in favor thereof, President Lemmon declared the said
resolution
(duly passed and adopted.
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Alderman Theel
introduced a resolution appropriating $456.20 from
the General it
Fund and
ordering payment
made to the-Roehester Post Bulletin for publishing
minutes,
notices,
dog lists, etc.,
Upon motion by
which was read.
Morris, second by Theel, that the said resolution be
adopted
as read
and all voting in
favor thereof, resident Lemmon declared the said
resolution
duly passed'and-adopted.
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Alderman Morris introduced- a resolution appropriating $143.00' from the General
Fund and $128.55-from the Street & Alley Fund and ordering payment made.to the Rochester
Sand & Gravel Company for sand and gravel, which -was read.
Upon motion by Theel, second by Amundsen, that the said -resolution be adopted
Le read, and all voting in favor thereof, President Lemmon declared the said resolution
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iuly passed and adopted.
Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., April 11, 1949
Alderman Miner introduced a resolution appropriating $434.25 from the General
Fund, $765. 24 from the Street & .Alley Fund, $18.00 from the P.I. R. Fund, $465.88 from
the Sewer Fund and $2.00 from the Parking Meter Fund and ordering payment made to the
Street & Alley Fund for use of equipment during March, 1949, which was read.
Upon motion by Amundsen, 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 Miner introduced a resolution appropriating $375.00 from .the Street &
Alley Fund, $85.50 from the P.I.B. Fund and $6.00 from the Sewer Fund and ordering •
payment made to Quarve & Anderson Company for road rock, which.was read.
Upon motion by Anderson, second by Kennedy, 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 Miner introduced a resolution appropriating $339.25 from the
Permanent Improvement Fund and ordering payment made to B. Amundsen for paint for the
new warehouse, which was read.
Upon motion by Kennedy, second by Miner, that the said resolution be adopted
as read, and all voting in favor thereof except Alderman Amundsen who asked to be
excused from voting on the said resolution, President Lemmon declared the said resolution
duly passed and adopted.
Alderman Kennedy introduced a resolution appropriating $2,623.99 from the
Permanent Improvement Fund and ordering payment made to C. M. Boutelle for estimate $5
for construction of a new warehouse, which was read.
Upon motion by Miner, second by Morris, 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 Kennedy introduced a resolution appropriating.$2,790.00 from the
Permanent Improvement Fund and ordering payment made to Stocks & Olson for estimate #1 •
for construction of the new Health Center Building, which was read.
Upon motion by Morris, second by Theel,.that the said resolution be adopted
as read, and all voting " favor thereof, -Pr-e's-ident Lemmon declared- -the said resolution•
duly passed and adopted.
Alderman NA neir.. introduced a resolution granting one dance permit to the
Rochester Junior Chamber of Commerce, which was read.
Upon motion by Theel, second by Amundsen, that the said resolution be adopted
as read;" and all voting in favor thereof, President Lemmon declared the said resolution
duly passed and adopted.
The following claims wereread and upon motion by Morris, second by Miner, the.
same were approved and the Mayor and City Clerk were authorized and directed to draw
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Record of Official, Proceedings of. the Common Council
of the City of Rochester, Minn:,. April 11, 1949
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warrants upon the City Treasurer and make payments accordingly:
From the General Fund: Montego, $38.75; C. 0. Brown Agency, `$165,36; K. E.
Christopherson, $2.40; John Kreps, $3.96; Quality Print Shop, $5.15; Miller Davis Co.,
$29.08; Muriel Hennessey, $32000; N. W. Bell Telephone Co., $19,35; The Kruse Company,
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$20.15; Maurice Mcgenny, $12.00; Paul Dornack, $7.50; Erwin Standke, $13,75; M. C.
Lawlers $32045; Richard Nietz $60.00; Postier & Eggers, $52.•75; The Rochester Visitore�l
$8-.00; City Cafe, $99,50; Crescent Electric Supply Company, $7.67; Johnson's Standard
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Service, $3.00; E. T. Watkins Electric Motor Service, $.60; City Cafe, $1.00; Larry i
Lentz & Son, $14.,00; Coast to Coast Store, $1.59; F. J. Paine Company, $5.75; China
Hall, $7.00; Railway Express Company, $1.49; Woodhouse Bros., $15.60; H & H Electric ;I
Company, $8.45; Rochester Paper Supply, $2.75
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From the Street & Alley Fund: Woodhouse Bros., $7.62; H & H Electric Company,
I$8.36; Nicols, Dean & Gregg, $18.93; Bemel Auto Parts, $37.90; Rochester Paper Supply, �!
�$9.40; Harry J. Johnston, $20.00;. Universal Motors, Inc., $76.29; 'Johnson's Auto
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Radiator Service, $6.00;- Hanson Hardware Company, $2.2j; Allen Lloyd Company, $6.73; ,I
Minneapolis Equipment Company, $10.20; Universal Motors, Inc., $85.37;'Rochester Ready
Mix Company, $30.50. I'
From the Fire Protection Fund: Railway Express Company, $1.47; Woodhouse it
Bros. $6 75• City of Rochester Pub. Utilities �I
, , , $29.85; The Mayo�CliniC, $15.00; Fire ,!
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Extinguisher & Supply Co., $16.90; H & H Electric Company, $2.08; Steinhagen Bonded
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Service, $10.00; Rochester Dairy Coop., $33.20; S. M. Supply Company, "$10.79; Eco, Inc.,!'
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$92.88; National Fire Protection Assn., $1.50; The Ra-Tel Company, $8.65. (I
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From the Sewer.Fund: Tom Electric Company, $57.95; Rochester Cylinder
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Grinding Works, $51.85-
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From the -Parking Meter Fund: Rochester Ready Mix Company, $1,00; Standard Oil
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Company, $4. 07-
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From the Permanent Improvement Fund: The Kruse Company, $17,10, l
President Lemmon stated that plans should be made to advertise for bids on they;
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proposed bridge over the Zumbro River connecting 2nd Avenue and 3rd Avenue Southeast.
The City Engineer stated that there was a possibility of getting some Federal funds for ;I
this project and thought that_an answer on -same would be forthcoming this week. The
estimated cost"of the bridge is $280,000.00 and $250,000.00 is now available for
construction of -the same. No action was taken on the matter until it was learned its
Ito whether or not a Federal Grant would be available.
Upon motion by Kennedy, second by Anderson, the meeting was adjourned until
7: 30 o'clock P. M. on -April 18, 1949•.
City Clerk