HomeMy WebLinkAbout12-02-19463
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December 2. 1946
Minutes of a 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 December 2, 1946.
President Lemmon called the meeting to order at 2:00 o'clock P.M., the
following members being present: President Lemmon, Aldermen Fryer, Kennedy,
Kjerner, Mcquillan, Narveson, and Yaeger. Absent: None.
Upon motion by Kjerner, second by Fryer, the minutes of the meetings
of November 12th and November 18th, 1946 were approved.
President Lemmon stated this as being the time and place s.et for a
hearing on the levying of special assessments for the grading of 12th Avenue
Southeast from Sth Street Southeast to 246 feet South. There was no one present
wishing to be heard.
Mr. Allen Gilbert of 32 - llth Street Northwest was present at the
meeting and requested permission to operate a repair shop in his private garage.
The matter was referred to Alderman Mcquillan and Alderman Narveson.
The matter of retiring employees at the age of 65 as listed in the
rules governing the employment of city farm employees dated July 10, 1945, was
again discussed. Upon motion by Fryer, second by Mcquillan,'the City Clerk was
instructed to notify the Board of Public Health & Welfare to discontinue the
regulation which reads as follows and that all rules and regulations proposed by
any Board or Department of the City of Rochester be submitted to the Common
Council for their approval before same is put into effect:
"Any City Farm employee who attains the age of 65 years
shall be retired, except that in an emergency arising from
abnormal employment conditions, the Board may authorize
deferral of retirement. Such deferral shall be subject to
cancellation at any time. "
The request by*.the Board of Directors of the Rochester Art Center that
they be permitted to occupy the unused areas in the old library building wa,s read
and the same was ordered placed on file.
The recommendation of the Public Grounds Committee that the unused
area of the Old Library building be used for the temporary location for the
Rochester Art Center was read and upon motion by Mcquillan, second by Kjerner, th,
same was approved.
The following resolution adopted by the Public Utility Board were each
read and the same were ordered placed on file:
"Be it and it is hereby resolved by the Public Utility
Board of the City of Rochester, Minnesota that the Common
Council of the said City be and is hereby requested to
authorize the said Board to enter into a contract with the
LINK BELT COMPANY for the furnishing, in accordance with
specifications known as Division S, of a Travelling Screen
at a price of Four Thousand Five Hundred Sixteen Dollars
($4,r,16.00) plus $27.00 per day for installing an engineers
services in the event such services are necessary, said
company being the lowest responsible bidder and said price
to be subject to escalator adjustment not to exceed 20
per cent of the amount quoted. 11
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December 2, 1946
"WHEREAS, under date of November 13, 1946, the Public
Utility Board Awarded a Contract to the W. H. BARBER COMPANY
for 50,000 Gallons of Fuel Oil at prices of $.06794 and $.05464 for
No. 3 and No. 5 Grades respectively, and
WHEREAS, since the award of said Contract .the Coal •
Miners strike makes it imperative that additional fuel
oil be secured,
THEREFORE, be it and it is hereby resolved by the said
Public Utility Board that the Honorable Mayor and Common Council
be and are hereby requested to authorize the said Board to
purchase additional 50,000 Gallons at prices the same as
quoted in the contract and that said authorization be given
by an Emergency Order as provided for in Section 294 of the •
Charter of the City of Rochester, Minnesota."
The Mayor's emergency order given to the City Light Plant for the
purchase of fuel oil was read and the same was ordered placed on file.
A copy of the Mayor's emergency order given to the Board of Public
Health & Welfare for the purchase of a 12ton truck to be used in the collection
of garbage by the Health Department was read and upon motion by Yaeger, second by'
,Kennedy, the same was approved.
A copy of a letter written by the City Attorny to the office of the
Attorney General requesting further rulings on the Costello matter and also the
following ruling by the Attorney General, were each read and the same were ordered
placed on file:
"Mr. De smond B. Hunt
City Attorney
Rochester, Minnesota
Dear Sir:
This letter is in reply to yours of November 20. On
August 2, 1946, you were given an opinion to the effect
that it was not mandatory upon the Board of Health to
"release or retire the employee merely because he has
reached the age of 65 years".
On October 29 an opinion was given to you that the
former superintendent of the city farm was no longer on
the payroll because he was not re-employed by the Board
of Health at the conclusion of the year for which he was
employed. He had no civil service status, and it was not
mandatory upon the board to keep him employed.
Both opinions are adhered to.
If the man in question does not wish to take his
retirement pension, he does not have to, but he has no
right to compel the Board of Health to continue to
employ him. j
When his contract of employment expired at the end of
the year, the board could either re-employ him or hire
someone else. The board chose not to re-employ him and
to hire someone else. This they had a right to do.
I do not know whether I have a complete statement of
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the facts. As I understand it, however, this is simply a
case where the Board of Health failed to re-employ a man
at the end of the year for which he was employed. If
there is anything in the charter or ordinances of the city
which require that an employee be continued in the service
until discharged for cause after a hearing, I do not know of
it. Neither will this office undertake to determine what
the facts are in any case.
I do not have any information as to what the ordinance
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of the city provides as to the power of the Board of Health
to adopt rules and regulations.
Yours very truly
J . A. A. BURNQU I S T
Attorney General"
A letter from the State of Minnesota, Department of Highways, transmitting
five copies of a maintenance agreement for the maintenance of State Highways through
the City of Rochester for the year of 1947 was read and the same was ordered placed
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on file.
The recommendation of the Finance Committee that any City employees
• doing outside work discontinue this practice, was read and upon motion by
Narveson, second by McQuillan,*the same was approved and the City Clerk was
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instructed to notify the Boards and Department Heads of the action taken.
The recommendation of the Water Committee that the assessment against
• Lot 13, Block 13, Manleys Addition for the construction of a watermain be waived,
was read and upon motion by Kennedy, second by McQuillan, the same was approved.
The reports of the Clerk of the'Municipal Court for the week ended
November 23, 1946 showing total criminal fines and costs collected $466.00, civil
fees received $2.00 and conciliation court fees, $2.50 and for the week ended
November 30, 1946 showing total criminal fines and costs collected $373.25, civil
fees received $7.05 and conciliation court fees $1,50, were each read and having
been previously approved by the City Attorney, President Lemmon ordered that the
same be placed on file.
The reports of the Electrical Inspector showing fees received for
electrical permits in the amount of $130.50, the PlUbbing Inspector showing fees
received for plumbing permits in the amount of $30.75, the Building Inspector
showing fees received for building permits in the amount of $439.00, and the
Heating Inspector showing fees received for heating permits $168.00, were each
read and President Lemmon referred the same to the Finance Committee.
The application of the Service Cab Company for the transfer of a licensf
from a 5 pa:ssenger LaSalle Sedan bearing State License No. 100-970 to a 5
passenger Plymouth bearing State License No. 659-307 was read and upon motion by
Narveson, second by Kjerner, the transfer was granted.
The application of the Service Cab Company for a license to operate one
taxi cab was read and upon motion by McQuillan, second by Narveson, the license
was granted.
The application of William M. Welch for a JourneyMan Electrician's
license was read and upon motion by Kjerner, second by iiennedy, the license was
• Ilgranted.
The application of Ernest Van Kraanan for a license to sell cigarettes
as read and upon motion by Narveson, second by Yaeger, the -license was granted.
The application of Ernest Van Kraanen to sell soft drinks was read and
• �Ilpon motion Narveson, second by Yaeger, the license was granted.
The application of the Lawrence Lysne Company for a permit to move a
ouse over certain streets in the City of Rochester was read and upon motion by
arveson, second by Yaeger, the permit was granted.
The bonds of Carlisle G. Fraser in the amount of $1562.90 and the St.
aul Front End Material Spreader' Company in the amount of $5195.39, each with the
ited States Guarantee Company as surety, were each read, and upon motion by
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December 2, 1946
Narveson, second by Fryer, the bonds were approved, the surety thereon accepted
and it was ordered that the same be placed on file.
Alderman Fryer introduced a resolution appropriating $9783.79 from the
Sewer Fund and ordering payment made to Carlisle G. Fraser for construction of
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a storm sewer in llth Street Northwest and in 7th Avenue Northwest, which was
read.
Upon motion by McQuillan, second by Narveson, 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 Fryer introduced a resolution appropriating $3140.00 from the
Sewer Fund and ordering payment made to Carlisle G. Fraser for construction
of a storm sewer in Sth Street Southeast from Bear Creek to 13th Avenue Southeast;
which was read.
Upon motion by Kennedy, second by Kjerner, that the said resolution be
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'adopted as read, and all voting in favor thereof, president Lemmon declared the
said resolution duly passed and adopted.
Alderman. Kennedy introduced a resolution granting a dance permit to
,Austin E. Franks, which was read. i
Upon motion by Kjerner, second by McQuillan, that the said resolution be
adopted as read, and all voting in favor thereof, 'resident Lemmon declared the
,said resolution duly passed and adopted.
Alderman Kennedy introduced a resolution authorizing the Public Utility
Board to enter into contract with W. H. BARBER COMPANY, which was read.
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Upon motion by Fryer, 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 Kennedy introduced a resolution authorizing the Public Utility
.,Board to enter into contract with the Link Belt Company, which was read.
Upon motion by Narveson, second by McQuillan, that the said resolution be
adopted as read, and all voting in favor thereof, President Lemmon declared the
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,said resolution duly passed and adopted.
Alderman Kennedy introduced a resolution levying special assessments for
;the grading of 12th Avenue Southeast from Sth Street Southeast to, 246 feet South,
which was read.
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Upon motion by Kennedy, second by Narveson, that the said resolution be •
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';adopted as read, and all voting in favor thereof, rresident Lemmon declared the
said resolution duly passed and ,adopted.
Alderman Kennedy introduced a resolution accepting the agreement of the
;State Highway Department for the maintenance of state highways throught the City
of Rochester duting the year 1947, which was read.
Upon motion by Yaeger, second by Fryer, that the said resolution be
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December 2, 1�46.
adopted as read, and all voting in 'favor thereof, President Lemmon declared the
said resolution duly passed and adopted. -
Alderman Kjerner introduced a resolution granting five public dance
permits to Archie W. Dieter, which was read.
Upon motion by Fryer, 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.Kjerner introduced a resolution appropriating $259.79 from the',
Street & Alley Fund and ordering payment made to The George T. Ryan Company for -
purchase of one mower for mounting on case Model DI Tractor, which was read.
Upon motion by Kennedy, second by Narveson, 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 McQuillan introduced.a resolution appropriating $182.37.from -
the General Fund, $2.00 from the Street & Alley Fund, $4.50 from the Fire. Protect]
Fund and $4496.70 from the Lighting Fund and ordering payment made -to City of
Rochester, Public Utilities, which was read.
Upon motion by Yaeger, second by Kjerner, 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 McQuillan introduced a resolution appropriating $219.51 from
the General. Fund and ordering payment made to Universal Motors, Inc., which - was
read.
Upon motion by Fryer,second by Kennedy, that the said resolution be
gdopted as read, -and all voting in favor thereof, president Lemmon declared the
aid resolution duly passed and adopted.
Alderman Yaeger introduced -a resolution appropriating $6,605.62 from the
ark Improvement Fund and ordering payment made to th-e M-ayo Ci-vic Auditorium for
eimbursing the revolving -fund, which was read.
Upon motion by Jaeger, second by iiarveson, 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 Narveson introduced a resolution providing for the sale of
75,000.00 Permanent Improvement Revolving Fund Bonds, which was read.
Upon motion by Kennedy, second by Fryer, that the said resolution be
opted as read, and all voting in favor thereof, President Lemmon declared the
aid resolution duly passed and adopted.
Alderman Kennedy introduced a resolution levying special assessments for
watermain in llth Street Northwest from 6th to 5th Avenue Northwest and 'in 5th
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venue Northwest North 123 feet, which was read.
Upon motion by Fryer, second by Kjerner, that the said resolution be
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December 2, 1946
'adopted as read, and all voting in favor thereof, President Lemmon declared the
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;said resolution duly passed and adopted.
The following claims were read and upon motion by Yaeger, second by I
' Narveson, the bills were approved and the Mayor and City Clerk were authorized and
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!directed to draw warrants upon the City Treasurer and make payments accordingly: !"
From the General Fund: Construction Bulletin, $6.80; Rochester Printing
and Developing Company, $3.36; Mayo Civic _Auditorium, $90.00; Municipal Finance
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.Officers Association, $20.00; Burroughs Adding Machine Co., $4.32; Otis Elevator 1�
Co., $7.95; Ambrose Blake, $112.50; Rochester Printing & Developing Co., $3.18;
,American Planning & Civic Association, $5. 00• , Miller Davis Company,
p y, $12- 52; M. F.
!Little Register of Deeds, $5. 00; Wm. A. Johnson, $13.00; Mabel Ann Chapman,
$12.00; Loretta B. Miller, $12.00; Florence M. Buss, $12.00; J. T. Lemmon, $11.45
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,Mason Publishing Co., $15.00; Bruce D. Gillis, $19.70; Paul Plantz, $21.95;
John A. Marsh, $21.70; Garnet Spring, $19.20; Harry Loucks, $26.00; Ivan Boyd,
$26.00; Paul Sandberg, $26.00; Archie Watson, $2.50; City of Rochester, Public
,Utilities, $16.50; Peoples Natural Gas Company, $29.15; Weber & Judd Company,
!$1.00; Kee Lox Manufacturing Company, $2.92; The Mayo Clinic, $15.00; Midway
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Texaco Service Station, $42.40; N. W. Bell Telephone Co., $5.00; Enoch J. Dison,
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$13.45; City of Rochester, Public Utilities, $194.40; Wm. Behnken, $6.00; Carlisle
,G. Fraser, $60.00; Fullerton Lumber Co., $1.174Rochester Electric,$5.80;Pruetts,$3.40.
From the Street & Alley Fund: Peoples Natural Gas Company, $2.03; i
,Bert C. Winslow, $100.00; Art Mitchell, $2.50; Carlisle G. Fraser, $66.35;
!A. M. Thompson, $2, 25; Fullerton Lumber Co., $5.74; Maass & McAndrew, $. 30;
From the Fire Protection Fund: Rochester Soft Water Service, $3.50;
.Rochester Electric Company, $3.70; The Rochester Laboratories, $.75; Pruetts,
$ 39
12; Witte Transportation Co., $8.93; Rochester Fire Department Relief Assn.,
�$6.25; southern Minnesota Supply Co., $13.26; Continental Oil Company, $52-80 ;
!Fullerton Lumber Co., $73.15.
From the Sewer Fund: Carlisle G. Fraser, $18.45; Street & Alley Fund, I�
$78.90; Fullerton Lumber Co., $4.10; Carlisle G. Fraser, $125.00.
Upon motion by Narveson, second by Kennedy, and all voting in favor
,;'thereof, the City Engineer was directed to. supervise all municipal engineering
-work done in and by the City of Rochester in accordance with the requirements of
,the City Charter which specifies the duties of the City Engineer, and that. the
City Clerk was instructed to notify all departments of the City of this action
taken by the Common Council.
Upon motion by Yaeger, second by_ FrW, Mr. Paul Plantz, Electrical
Inspector, was authorized to attend a meeting of the State Board of Electricity,
lIto be held on December 9, 1946 at Dunwoody Institute in St. Paul, Minnesota.
Upon motion by Fryer, second by ennedy, the City Attorney was authorized
Ao attend a meeting of the League of Minnesota Municipalities Legislative Committee
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December 2, 1946
to be held in St. Paul on December 19, 1946.
Upon motion by Yaeger, second by Kjerner, the City Engineer was,
• authorized to attend a meeting of the Minnesota State Board of Registration,
for Architects, Engineers and Land Surveyors to be held on December 3, 1946 at
St. Paul, Minnesota.
Upon motion by -Fryer, second by Kennedy, the meeting was adjourned
• until 7:30 o'clock P. M. on December 16,.1946.
City Clerk