HomeMy WebLinkAbout05-10-1948RecordofOfficial Proceedings1of }the'Cornmon Council
{Qf tl e Cit of ._R-oehester, �'Min�n., May 10, , i g 4s
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Minutes of a. special meeting of the Common Council of the 'City of Rochester,
Minnesota,, held in the Council Chambers in the City Hall in said City ''on May 10, 1949.
President Lemmon -called the meeting to order at 7: 30 of clockl P. M., the
following members being present.; President Lemmon, Aldermen Akenhead, Anderson, Kennedy;;
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Kjerner, The*el and Yaeger.. Absent: None.
The call of the special meeting was.read.and President Lemmon ordered that the'.
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same 'be placed on file, the said meeting having been called for the purpose of consideri;ag
the Mayor'$ veto of May 6th, 1949 of an Ordinance regulating the installation and
regulation of parking meters and for the purpose of amending Ordinance, No. 499 which
controls the parking of cars on the streets of Rochester, and any other business the
said, Common Council may deem proper.
The following veto by the Mayor was read:
"Members of the Common Council
Rochester, Minnesota
Gentlemen:
I am vetoeing.this ordinance to authorize the installation,
regulation, control and use of parking meters in the City of
Rochester for the following reasons:-
1. On April 26, 194s, a motion was carried fy a four sevenths ,
vote of the Council that parallel parking be installed. on
Broadway for a trial period of three months beginning June 1,,
and the Common Council has already caused the installation of
meters to be started for such parallel parking, contrary to
ordinance No. 489 as amended and
2. Because an ordinance can only be amended by an ordinance
Section 102 of the City Charter, and since the mere motion
ordering parallel parking on Broadway is, in effect, a part
of the ordinance for the installation of parking meters in
the City, but has no validity; and
3. Because parallel parking is contrary to the wishes of
an overwhelming majority of the merchants on Broadway, I !j
can find no justification for approving such installation and
therefore am returning the ordinance with my vetoe herewith. II
Respectfully, j
CLAUDE H. MC aUILLAN
Mayor of Rochester"
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Alderman Kennedy moved to override the Mayors veto of an Ordinance to authorize the
installation, regulation, control and use of parking meters in the City of Rochester,
Minnesota. His motion was seconded by Alderman Yaeger, and upon roll call all voted in
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favor of the motion. President Lemmon declared the motion carried. �I
After the reading of the notice of the special Council meeting, President
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Lemmon stated he felt it his duty to again make further remarks on the purchase and
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Installation of parking meters which was now stopped by a restraining order issued by
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,the Olmsted County District Court.. Mr. Lemmon explained the proeeedure which has been
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followed by the Council in investigating and testing the various types of parking meters';
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the advertising for bids, and the action of the Council in letting the contract after the"
pr6posals of the various parking meter companies had been opened during a regular meeting
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Record.of, Official Proceedings. of the, Common Council
of the City of Rochester, Minn., May 10, 1948
of.the Common Council held on March 1, 1948. Mr. T. M. McDonnell, president of the
Ro.chester Chamber of Commerce, recommended that the City Attorney meet with A.. H. Clemens,
attorney representing busine:ss men in the district court proceedings which resulted in an
, order .restraining the City from installing, using or paying for the parking meters which
had been ordered purchased, the said meeting being for the purpose of settling the
parking meter controversy if possible. Mr. McDonnell offered his services at the
meeting. It was also suggested that President Lemmon attend the meeting. This
arrangement was agreeable to all the other members of the Common Council. Mr.' Erwin
Briese, secretary of the Chamber of Commerce and Harold Roth were also heard on the •
matter.
The Mayor's appointment of Mr. Robert Leighton to serve the balance of Mr. A.
G. Tingley's term on the Board of Zoning.which will expire on the 2nd Monday in April,
1952 and also the appointment of Mr. Frank Kleckner to serve on the Board of Zoning
his term to expire on the second Monday in April, 1953, were each read and upon motion
by Yaeger, second by Kennedy, the appointments were approved.
A communication from the Board of Public Health & Welfare calling the Council's
attention to an error in the salary of one of the public health nurses was read and the
same was ordered placed on file.
The applications of Arnold Wilke for a Journeyman Heating Workers License and
a Journeyman Plumbers license were each read and upon motion by Kjerner, second by
Anderson, the licenses were granted.
The applications of Emil Nietz for a Master Electricians License and an
Electrical Contractor's License were each read and upon motion by Akenhead, second by
Anderson, the licenses were granted.
The application of Lysne Construction Company for a permit to move a house over
certain City Streets was read and upon motion by Yaeger, second by Theel, the permit
was gbant a d.
The application of Wayne and Walter Clark for a 3.2 "Off Sale" Beer License •
was read and upon motion by Kjerner, second by Kennedy, the license was granted.
The application of J. H. VanKraanen for a license to sell soft drinks was
read and upon motion by Theel, second by Yaeger, the license was granted.
The applications of J. H. VanKraanen, Wayne and Walter Clark and Archie Burgan
for license to sell cigarettes were each read and upon motion by Theel, second by
Akenhead, the licenses were granted.
The application of Wesley M. Kepp for a Journeyman Electricians license was
read and upon motion by Akenhead, second by Anderson, the license was granted.
The contract bonds of Lyle Signs, Inc. in the amount of $691.25 with the
Continental Casualty Company as surety and Carlisle G. Fraser in the amount of $1,844,55
with the United States Guarantee Company as surety, were each read and the same were
referred to the Mayor for his approval. •
Record"of Official` Pfoeeedings of the Common Council
-----of- the--.City-of-RochesterlVIiriri.; May l o, 19S
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Alderman Anderson introduced a resolution correcting the salary of one of the
Public Health Nurses, which was read..
Upon motion by Akenhead, 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 Kennedy stated that the oil distributor owned by the City was worn
out and recommended that bids. be taken for the purchase of a new oil distributor. It
was stated that it might be possible to arrange for use of an oil distributor owned by
the Rochester Airport Company and upon motion by Kennedy, second by Yaeger, the City
Engineer wasinstructed to arrange for the use of the said oil distributor on a rental
basis until such time as a new distributor should be purchased.
Alderman Yaeger stated that Mr. Emil Nietz of the Nietz Electric Company, had
requested that an assignment of money due him on his contract for installation of
lighting at'the b as®ball park in the amount of $12,000,00 be assigned to the Olmsted
County Bank and Trust Company. Upon motion by Kennedy, second by Theel, the said
assignment was approved.
Acting Chief of Police, Arnold M. Nelson, requested that a file cabinet be
purchased for use of the Police Service Commission. President Lemmon referred the
purchase of same to the Public Grounds Committee.
President Lemmon, in his remarks during the opening of the meeting, stated
that if the City were to complete contracts. for street improvements, sanitary sewers
and watermains on which bids had been called and other improvements which had been
petitioned for it would be necessary to sell a large amount of P.I.R. Bonds. In case
these bonds did not sell at.the time they were advertised it would then be necessary
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to purchase same from monies in the Sinking Fund. While the city charter provides that
two members of the Sinking Fuhd Commission could adopt a resolution ordering the
purchase of P.I.R. Bonds for sinking fund investments, the question still remains
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could the transaction be completed without the Mayor's signature on the Sinking Fund
check which would be issued for the purchase of the P.I.R. Bonds. After discussing the,''
Matter a motion was made by Akenhead, second by Kennedy, that the City Attorney and
members of the Sinking Fund Commission request a ruling from the Attorney General
on the matter, before further contracts are' let for improvements
Upon motion by Kennedy,
second by Akenhead,.the special meeting wgs adjourned.':
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City Clerk
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