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HomeMy WebLinkAbout01-05-1948Jan Minutes of a. regular meeting of the Common Council of the City of I� Rochester, Minnesota, held in the Council Chambers in the City Hall, -in said City �on .January 5, 1949. j President Lemmon called the meeting to order at•2:00 o'clock P.M., the I. n !following members being present: President Lemmon, Aldermen Akenhead, Fox, Fryer,'' and Kjerner. Absent: Aldermen Kennedy and Yaeger. i I Upon motion by Kjerner, second by Fryer, the minutes of the meeting of December 22 1947 were approved i • i II Mrs. Marie Erickson was again present at the Council meeting and request'',ed i 'permission to operate her hair dressing parlor at 1225 Seventh Avenue Southeast. ,The question as to whether or not the operation of her establishment would be ! c:l€�s:sified as a profession ora.s trade was referred to the City Attorney for his opinion and as to whether or not the operation of the said hair dressing I !establishment would be in violation of Section 12 of the Zoning Ordinance of the � i City of Rochester. Charles Elliott and Ronald Trondson, Junior High School Students, i ;requested the Council to amend the curfew ordinance to set the curfew hour at 10:30 instead of 10:00 to coincide with the closing hour of the Friday night parties for the Junior High School students in the school cafeteria. Mr. Harold Witzke requested permission to place and maintain a sign over the sidewalk in front of the'"Town House". Upon motion by Fryer, second by Fox, the permit was granted. Mr. Ray Sonnenberg, operator of the Motor Sales lot South of the Nelson' Tire.Property asked permission to use City property for an entrance in and out lof the garage on the back of the lot he occupies. Upon motion by Fryer, second by, djerner, Mr. Sonnenberg was given permission to cross City owned property temporarily until further provisions are made for an alley in the rear of.his property. Mr. Stanley Drips stated that under the present working hours at the Fire Department it was impossible to have as many men on duty at one time as there would be if the firemen returned to the 24 hour off and on shift. After discussing the matter a motion was made by Fryer, second by Fox, that the Council go on record • as being in favor of the Fire Department changing back to the 24 hour shift on and .24 hours off with two days a month off duty, the change to be effective on March 31, 194s. A schedule of rental rates for the Mayo Civic Auditorium in effect for • the year beginning May 1, 1947 was read and the same was ordered placed on file. A copy of a report from the State of Minnesota, Division of Public Institutions, on the city jail at Rochester was read and the same was ordered ;placed on file. I 459 • u • • uary 5, 1949 A petition by the residents on 7? Avenue Northeast in Carroll's'Additio to have the designation of the said street changed to a whole number or to a proper name was read and upon motion by Akenhead,.sepond by Kjerner, the same was referred to the City Engineer for his recommendation. A petition to have the South 297.4 feet of Outlot 25, Northern Addit.ion', to the City of Rochester zoned as commercial was read and upon motion by Fryer, second by Kjerner, the matter was referred to.=the Board of Zoning. The recommendations of the Board of Zoning that all that part of Lot 4, of Northern Addition lying east .,of the ;center of the highway running through said outlot, except the north 100 feet t.her,eof be zoned as commercial; that Outlot 12 in Northern Addition be zoned ASL commercial; and that Outlot 25 in Northern Addition be zoned as commercial,,. --were, each read and upon motion by ;Fox, second by jerner, the same were approved and the City Attorney was instructed to draft an rdinance setting up the new Zoning classifications. The recommendation of the Public Grounds Committee that bids be taken on January 19, 1049 for furnishing 1500 tons Random Rip Rap Material was read and upon motion by Akenhead, second by Kjerner, the recommendation was approved and the City Clerk was instructed to advertise for bids. The following opinion•of the City Attorney was read and•President Lemmon Drdered that the same be placed on file: "To the Mayor and Common Council of the City of Rochester Gentlemen: Your inquiry concerni-ng the legality of the fund that has been designated the Mayor's Contingent Fund was submitted to me for opinion. The charter as originally adopted by the city of Rochester has been in existence for many years and was adopted at a time, as near as I can learn, when the city was approximately 6,000 Population. The salaries of the elective officials were, in so far as the aldermen and mayor are concerned, established by charter. Since its adoption there have been no amendments covering these positions and the salaries allocated to each. We find, as a result, that the office of the Mayor is compen- sated in a sum much less than, the regular expenses which he is required to meet in a city of over 30,000 population. However, there does not appear to be any provision in the charter for the establishment of a fund commonly known and referred to as the Mayor's Contingent Fund. The charter prov- ides that he receive.a salary of $400.00• and the aldermen shall receive $300.00 each, such aldermen also receiving additional sums of $100.00 and $50.00 if they act as the chairmen of certain committees. No further sum shall be paid to these officers or either of them for any services which they may perform as such officers. Whether or riot such sums are adequate, of course, is a matter of opinion other than legal. It would seem therefore that the operation of a contingent fund is contrary to charter provisions but it does not prevent the payment by the city to the Mayor as a'reimbursement, all expenditures in behalf of the work of his office, such bills to be presented for approval or disapproval. Yours very truly, Desmond B. Hunt' City Attorney" The reports of the Building Inspector for the month of December, 1947 showing total fees received for -building permits in the amount of $255.00; of the! !Electrical Inspector showing total fees received for electiyical permits issued in! ;December, 1947 in the amount of $68.00; of the Heating Inspector showing total • fees received for heating permits issued in December, 1947 in the amount of $84. 75; and of the Plumbing Inspector showing total fees received for plumbing permits issued in the month of December, 1947 in the amount of $251.75, were each I ,read and the same were referred to the Finance Committee. I, • . The City Engineer's trial balance for the month of December, 1947 was i ;'read and the same was ordered placed on file. I The report of the City Weighmaster for the month of December, 194.7 ;,showing 426 loads weighed and receipts in the amount of $42.60 was read and the same was referred to the Finance Committee. The City Treasurer's report for the month of November, 1947 wqs read I I� wand the same was ordered placed on file. The statement of receipts and expenditures in.the Park Improvement Fundl from April through November, 1947 was read and the same was ordered placed on file'. i The reports of the Clerk of the Municipal Court for the week ended ,December 20, 1947 showing total criminal fines and costs collected $308.00, civil) I fees received $6.35 and conciliation court fees $2.00; for the week ended December!) '27, 1947 showing total criminal fines and costs collected $795.00 and civil fees i received $4.70; and for the week ended January 3, 1948 showing total criminal fine' and costs collected $344.00 civil fees received 1. $ 95 and conciliation court fees' �$2.00, were each read and having been -oreviously approved by the City Attorney, President Lemmon ordered that the same be placed on file.' The surety bond of Leon Joyce -in the amount of $1097.30 with the Seaborad Surety Company as -surety was read and the same was referred to the Mayor for his approval. The application for transfer of "On Sale" Non -intoxicating Malt Liquor License No. 593 and."Off Sale" Non -Intoxicating Ault Liquor License No. 1084 from - Sig Aal to Sig Aal and Alphonse Brinkman was read and upon motion by Fox, second by ',Fryer, • the transfer was granted. - I The application of Sig Aal and Alphonse.Brinkman for a cigarette license; ,was read and upon motion by Kjerner, second by Akenhead, the license was granted., j The application of Lloyd Bennett and Ted C. Tennyson for a permit to place and maintain a sign was read and upon motion by Fryer, second by Akenhead, the Hermit • was granted. The application of Sig Aal and Alphonse Brinkman for a soft drink license was read and upon motion by Kjerner, second by Fox, the license was granted. Alderman Fryer introduced a resolution granting five public dance permits 461 I- 1 E • 1 January 5, 1949 to Archie Dieter, which was read. Upon motion by Kjerner, second by Fox, that the said. resolution be jadopted as read, and all votingin favor thereof, President Lemmon declared the said resolution duly passed and adopted. Alderman Fryer introduced a, resolution appropriating $865.31 from the General Fund and ordering payment made to the Public Health & Welfare Fund for garbage assessments collected by County, which was read. Upon motion by Fox, second by Akenhead, that the said, resolution be adopted asread, and all voting in fair -or thereof, President Lemmon declared -the said resolution duly passed and adopted. Alderman Fryer introduced a resolution appropriating $11,919.63 from thi General Fund and ordering payment made to the Public Health & Welfare Fund for November, 1947 tax settlement, which was read. Upon motion by Kjerner, second by Fox, 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 Pyrer introduced a resolution appropriating $326.25 from the General Fund and ordering payment made to City of Rochester, Public Utilities for steam heat for the city hall, which was read. Upon motion by Akenhead,' second by Kjerner,trat 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 $2,637.54 from the eneral Fund and ordering payment made to Leon Joyce for equipment rentaly-for Bear reek Channel Change, which was read. Upon motion by Kjerner, second by _Fryer, that the said -resolution be dopted as read, and all voting in favor thereof, President Lemmon declared the aid resolution_ duly passed and ado-oted. Alderman Fryer introduced a resolution appropriating $201.75 from the General Fund and ordering payment made to 111. Dornack for work at city hall, which was read. Upon motion by Akenhead, second by Fox, thatnthe said resolution be .dopted as read, and all voting in favor thereof, President Lemmon declared the aid resolution duly passed and adopted. Alderman Fox introduced a resolution appropriating $299.34 from the neral Fund and ordering payment made to Herbert G. Knopp for insurance on Mill roperty, which was read. Upon motion by Fryer., second.by Akanhead, that the said resolution be dopted as read, and all voting in favor thereof, President Lemmon declared the aid resolution duly passed and adopted. 10 462 Alderman Fox introduced a resolution appropriating $292.10 from the General Fund and ordering payment made to.Whiting Press, Inc. for office supplies,', which was read. Upon motion by Kjerner, second by Fryer, 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 Fox introduced a resolution appropriating $4,588.88 from the Lighting Fund, $77.85 from the General Fund, $7.40 from the Street & Alley Fund I� a.nd $27.99 from the Fire Protection Fund and ordering payment made to City of Rochester, Public Utilities, which was read. Upon notion by Fryer, second by Akenhead, that the said resolution be adopted as read, and all voting in favor thereof, President Lemmon declared the said resolution duly passed and adopted. �i Alderman Fox introduced a resolution appropriating $477.50 from the Street & Alley Fund and ordering payment made to The Kruse Company for 19100 Common Bricki. Culls, which was rea. d. Upon motion by Akenhead, second by Fryer, 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 Fox introduced a resolution appropriating $439.19 from the Street & Alley Fund and ordering payment made to Herbert G. Knopp premium on insurance policies, which was rea.d. Upon motion by Akenhead, second by Kjerner, that the said resolution be j, adopted as read, and all voting in favor thereof, !'resident Lemmon declared the ;said resolution duly passed and adopted. - Alderman Fox introduced a resolution appropriating $735.00 from the Street Alley Fund and ordering payment made to Ruffridge Johnson Equipment Company for li Hydro Spreader, which was read. Upon motion by Fryer, 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 Kjerner introduced a resolution appropriating $6,060.00 from the, Fire Protection Fund and ordering payment made to the Public Utility fund for rent of fire hydrants, which was read. Upon motion by Fox, second by Fryer, that the said resolution be adopted as read, and all vctin.g in favor thereof, President Lemmon declared the said resolution duly passed and adopted. Alderman Kjerner introduced a resolution appropriating $2,774.4g from they P. I.R. Fund and ordering payment made to Carlisle G. Fraser for watermain in llth ,Avenue Southeast from 225 feet south of 7th Street S.E. to 555 feet South of 7th 1 E • 1 1 • CJ 1 w46.3 F, Street Southeast, which was read. Upon motion by Kjerner, second by Akenhead, that the said resolution bel 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 $354.00 from thel Sewer Fund and ordering payment made to Weenah Foundry Company for inlets, which j • _ II was read. 1 Upon motion by Akenhead, second by Kjerner, that the said resolution bel 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 $214.01 from the Park Improvem,er_t Fund and ordering payment made to Reynolds Wholesale Company for supplies for concession stand, which was read. - Upon motion by Fox, 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 Kjerner introduced a resolution appropriating $499,50 from the ?ark Improvement Fund and ordering payment made to Alpek Sheet Metal Works for repair at aroof at arena, which was read. Upon motion by Akenhead, second by Fox, that*the said resolution be ladopted as read, and all voting in favor thereof, rresident Lemmon declared the said resolution duly passed and adopted. Alderman Kjerner introduced a resolution appropriating $741.24 from the dark Improvement Fund and $112.73:from the Lighting Fund and ordering payment made) to the City of Rochester, Public Utilities, which was read. Upon motion by Fryer, -second by Kjerner, that the said resolution be dopted as read, and -all voting in favor thereof, President Lemmon declared the y passed and,adopted-. said resolution duly - . Alderman Akenhead introduced a resolution appropriating $326.25 'from thel IIark. Improvement Fund and ordering payment' made to the City of Rochester, Pub lic • Utilities; which was read. 1 Upon motion by Fox, 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 Akenhead introduced a resolution appropriating-$168.05 from the Park Improvement Fund and ordering payment made to 'the Collector of Internal Reven for admission taxes for December, Which -was read. Upon motion by Kjerner,. second by Fryer, •that the said resolution be adopted as read, and all voting -in favor thereof, President Lemmon declared the (said resolution duly passed and- adopted: ue I I; Alderman Akenhead introduced a resolution appropriating $364.20 from the Park Improvement Fund and ordering payment made to Old Duti6h Foods, which was read. Upon motion by Fryer, second by Kjerner, that the said resolution be ��adopted as read, and all voting in favor thereof, President Lemmon declared the I' !,said resolution duly passed and adopted. Alderman Akenhead introduced a resolution appropriating $2,917.91 from jthe Park Improvement Fund and ordering payment made to the Mayo Civic Auditorium ,Revolving Fund, which was read. Upon motion by Fox, second by Kjerner, that the said resolution, be I adopted as read, and all voting in favor thereof, President Lemmon declared the Paid resolution duly passed and adopted* Alderman Akenhead introduced a resolution appropriating $528.51 from the;' ;Firemen's Relief Fund and ordering payment made to Rochester Fire Department Relief Association, which was read. Upon_ motion by Fryer, second by Fox, that the said resolution be i ;adopted as read, and all voting in favor thereof, "'resident Lemmon declared the said resolution duly passed and adopted. Alderman Akenhead introduced a resolution appropriating $5,393.98 from the Police Relief Fund and ordering payment made to the Rochester Police Relief I Association, which was read. Unon motion h.r Viarnar Adopted as read, and all voting in favor thereof, President Lemmon declared the said resolution duly passed and adopted. The following claims were read and upon motion by Fox, second by Fryer, t:he same were approved and the Mayor and City Clerk were authorized and directed I to draw warrants on the City Treasurer and make payments accordingly: i From the General Fund: Cooperative Oil Company, $24- 37; Cranston Typewriters, $1.50; N. W. Bell Telephone Co., $114.89.; Adams, $7.95; Monte s, , I ' $li7.35• Burroughs Adding Machine Co., $72.90; M ary Smythe, $43.79; The Frank Shepard Co,,i, !$33.00; Central States Sewage Works Assn. g $5.00; Blueprint Supply Co., $35,10; The Frederick Post Co. $14. 27; H. A. Rogers Co., $20. 74; . Burroughs, $4. 98; M, F, i i Little, $3.00; Mid Continent Petroleum Co., $29.60; Otis Elevator Co., $13.00; Peo Yes Natural Gas Co., $58.07• Schmidt Printing Co. , $2. 00; Cranston Tyepwritg'rai';I I $1.00; Foster Electric Co., $4.00; Hayes Lucas Lumber Co., $5.95; The U. S. Conference of Mayors, $100.00; H. A. Rogers Co.,, $.91; The Fred H. Geiger Co., $7.65; Hanson Hardware Co., $17.90; qualityPrint Shop, $1.25; Mayo Clinic $5,00;',' Eastman Kodak Co., $12.06; The, Mayo Clinic, $11.00; Boynton Hagaman, $40.00; R. L. Palm, $1. 75; Pruetts, $11.97; C. Leslie Gray, $11.00; Huntington Lab. Inc., $4. 77;I' ,Foster Electric Co., $.70; H & H Electric Co., $9.50; Bergstedt Paint Co., $26.19' ,Foster Electric Co., $4.13; Peoples Natural Gas Co., $4.95; Rochester Electric Co., ; • • U • 44�'65 1 • • 1 r� • $11. 39. January 5, 19148 From the Street & Alley Fund: Hanson Hardware Co., $17.15;C & F Machin Works, $109._59; Fullerton Lumber Co., $3.24; Rochester Implement Co.., $21.00; Peoples Natural Gas Co., $50.03; A. C. Burgans D-X Service,. $2. 140.; Dunn Sand & Gravel Co., $3.30; Ellis Motor Company, $12.05; The George T. Ryan Co. $78.05Nicols, Dean & Gregg, $26.91. From the Fire Protection Fund: The Rochester Laundry, $19.43; Rochester Electric Co., $7.314-; Nicola, Dean 7 Gregg, $10.21; N. W. Bell Telephone Co., $17.85; The Seagrave Corn., $80.20; Rochester Soft Water Service, .$3.75. From the Sewer Fund: Foster Electric Co., $6.35; Nietz Electric go., $18. 61; Woodhouse Bros., $142. 90; Orville Zimmerman, $2. 50; N. W. Bell Telephone CO-- $5. 75; Peoples Natural Gas Co., $4. 141. From the P.I.R. Fund: Robert L. Rohde, $18. 61. . From the Park Improvement Fund: F. Leslie. Williams, $9.00; Hanson lardware Co. , $9. 10; S. S-. Kresge Co. , 04. 00; S. S. Kresge Co. , $2. 140; Gor.dcn L. Williams, $10100; National Cash Register Co., $30.85; Steele County Photo News, I$2. 25; R. C. Drips Grocer Co., $25. 65; R. C. Drips Grocer Co., $ 33. 38 ; Minn. Fire Extinguisher Co.,, $25. 49; Axel H. Reed, $43. 30; R. C. Drips Grocer Co., $26. 00; II^4illiam M. Van Hook, $5.00; City Clerk, $177.24; Clements Chevrolet Co., $.88; !IDepartment of Conservation,_ $5.00; Board of Park Commissioners, •$20.00;Alpek Sheet Metal, $41. 55; Skating Rhythm Recording Co., $1.li .30; Peoples Natural Gas Co., I$21. 33; Marigold Dairies, Inc.,$16. 22; Rochester Visit oz , $26.00; Adams Book StorE I$7.60; Louis Canar, $7.50; Cranston Typewriters, '$9.00; Railway Express Agency, 13.98; R. L. Palm, $1.20; Baihly's Cash Market, $64.68; Pruetts Laundry, $6.28; t' alker Larson, $10.23; Roller Rhythms, $19.71;. Williams Printing If g Co.$7.75; F. Leslie Williams, $20.00; N. W. Bell Telephone Co., $41.140; Zumbrota News, $8.75; Zumbrota News, $1.7F3Ra-Tel Company, $11.05; Spring Valley Tribune, $13.20; Quality Print Shop, $2.25; Mabel Record, .$7.20; Rochester Transfer & Storage, $30.00; Albert Lea Publishing Co., $140.32; Whiting.Press, %16.75; Jones & Schmelzer, $1.285;B.B. Darby & Sons, $12.50; Daily Republican Edgle, $20.16; Globe Ticket Co., $146.76; Lawlers Cleaners, $9.00; Coca Cola Bottling Co., $44.90; Hentges Glass Co. $12• 75. y An Ordinance enttitled, "An Ordinance relating to unlawful detainer actions land to the issuance of writs of restitution therein in certain cases during an emergency declared to exist" was i • g ven its third and final reading. . Upon motion by Fox, second by Akenhead, that the said Ordinance be ado pted as read, and all voting in -favor thereof, President Lemmon declared the said Ordinance duly passed and adopted. An Ordinance amending an ordinance entitled, "An Ordinance for the purpose f promoting health, safety, order, convenience and general welfare by regulating 466 January �I I� the use of land, the location; size, use and height of buildings, and the• arrangement-of.buildings on lots, and the density of population within the City of Rochester,. Minnesota, all in accordance wi-th a comprehensive plan,- as • amended by Ordinance No. 5,6011,, was given its third and, final. reading. Upon motion.by Fryer, second by Fox, that the said Ordinance be adopted I' as read, and all voting in favor thereof, President Lemmon declared the said Ordinance. duly passed and adopted. An Ordinance Amending an Ordinance entitled, "An Ordinance. for the purpose of promoting health,.safety, order, convenience and general welfare by regulating the use of land, the location, size, use and height of buildings, andj, � I the arrangement of buildings on lots and the density•of population within the- • I City of Rochester, Minnesota, all in accordance with a comprehensive plan; as I amended by Ordinance No..56011, was given its third and final -reading.' ?7pon motion by Akenhead, second•by Fox, that the said Ordinance be adopted as read, and all voting in favor thereof, rresident Lemmon declared the i said Ordinance duly passed and adopted. ` An Ordinance amending an Ordinance -entitled, "An Ordinance regulating traffic, the operation and parking of -vehicles; the use of streets for driveway entrances 'sand designating arterial highways 'in -the City of Rochester,, Minnesota", -was givenl,� its first reading. Upon motion by Fryer, second by Akenhead, and upon roll call and a.11 voting' f in favor thereof, the rules were suspended and. the Ordinance was given its second', reading. Upon motion by Akenhead, second by Fox, and u-on roll call and &11'voting In favor thereof, the rules were suspended and the Ordinance was given its third and final reading. Upon motion by Kjerner, second by Akenhead, that the said'Ordina.nce be „adopted as read, and all voting in favor thereof, President Lemmon 'declared the I. i said Ordinance duly passed and adopted. The matter as to the. amount of revenue which wotild be received from .the new I' ,gigarette tax collected through the State of Minnesota was brought up -and upon motion by Akenhead, second by Fox, a Committee consisting of the Maycr, President i Lemmon and the City Clerk was instructed to go to St. Paul to ascertain if possible, what the amount of the said tax would be and when same would be available. Aldermen Kjerner recommended that bids for the installation of parking meters in the business section of the City be taken not, later than the first regular meeting in March, 1949.. Alderman Akenhead recommended further that a study be made as to the number of meters to be installed, whether parallel or diagonal parking would be used and what type of meter would be the most efficient. Upon motion by Akenhead, second by Fox, the meeting was adjourned. City Clerk • 0 • 1