HomeMy WebLinkAbout02-19-1951282
Record of Official Proceedings of the Common- Council
of the City of Rochester-, Minn., February 19, 1951
I'
Minutes of an adjourned regular meeting of the Common Council of the II
City Rochester, Minnesota, held in the Council Chambers in the City Hall, in
l
of
iI said City, on February 19; 1951-
i
I President Fryer called the meeting to order at 7:30 o'clock P. M., the
I'
,following members being present: President Fryer, Aldermen Amundsen, Anderson,
i
�I
Helmkay, McPherson and Miner. Absent: Alderman Morris.
;
Upon motion by McPherson, -second by Helmkay, the minutes of the
meeting of February 5, 1951 were approved.
•
President Fryer stated this as being the time and'place set for the
first hearing.on the construction of a curb'and gutter on 5th Avenue Northwest
I:
from lot Street to the Chicago Northwestern Railway tracks. Mrs. Archie Dieter
was present and objected to the, construction of a curb and gutter on 5th Avenue l
Northwest in the 400 block. Also two protests signed by 10 residents in the said
400 block were each read.
i
�I
President Fryer stated this as being the time and place set for the
first hearing on the .construction of a curb and gutter on. Sth Avenue Southeast
from llth to 12th Street Southeast. There was no -one present wishing to be heard.
President Fryer stated th is'as being the time and place set for the
first hearing on the construction of a curb and gutter on 9th Street Northeast
;from llth to lath Avenue Northeast. There was no one present wishing to be heard.
President Fryer stated this as being the time and place set for the
first hearing on the construction of a curb and gutter on Sth Avenue Northeast
i
from 9J to 14th Street Northeast. There was no one present wishing to be heard.
' I
President Fryer stated this as beingthe time and lace set for the
P li
first hearing on the construction of a curb and gutter on 91 Street Northeast
�I
'from Sth to 9th Avenue Northeast. There was no one present wishing to be heard.
President Fryer stated this as being the time and place set for the
first hearingon the construction of a curb and gutter on 6th Street Southeast
from 4th to 5th Avenue Southeast. There was no one present wishing to be heard.
President Fryer stated this as being the time and place set for the
first hearing on the construction of a sanitary sewer and watermain on 2nd Avenue
Northeast from 14th to 16th Street Northeast. There was no one present wishing
to be heard.
I
President Fryer stated this as being the time and place set for the Ii
first hearing on the grading and surfacing of 2nd Avenue Northeast from 14th to it
16th Street and 15th Street Northeast from 2nd Avenue, one half block east. There
v,
was.no one present wishing to be heard. j
President Fryer stated this as being the time and place set for the t
first hearing on the grading and surfacing of loth Street Northeast from 13th I�
. If
Record of Official Proceedings :of the Common Council
of the -City of Rochester, Minn., . Februry 19; 1951
I',
1
•
1
•
1
1
Avenue to the west line of Miner's Heights. There was no one present wishing to
be heard.
President Fryer stated this as being the time and place set for the
first hearing o.n the grading and surfacing of 5th Avenue Southeast from 4th to 6th
Street; 6th Avenue Southeast from 5th to 6th Street and 5th Street. Southeast from
4th to 6th Avenue Southeast. A communication from Mr. Christy Spitzack urging
that the project be completed was read.
President Fryer stated this as being the time and place set for the
second hearing on the construction of a watermain in Parkside Addition. There
was no. one present wishing to be heard.
President Fryer stated this as being the time and place set -for receiv-
ing and opening bids for the furnishing of radio equipment for the City Engineer's
Department. The bid of Radio'Corporation of America in the amount of $1,498.00
was received and opened.
The recommendation of the Street & Alley Committee that the bid of
Radio Corporation of America in the amount,of $1,499.00 for furnishing radio
equipment for use in the City Engineer's Department .be accepted w'as read and upon
motion by Amundsen, second by McPherson, the recommendation was approved.
.President Fryer stated this as being the time and place set for
receiving and opening bids for furnishing a spray bar for the City Engineer's
asphalt distributor. The bid of Frawley Equipment Company in the amount of
$1 ,19 5.00 was received and opened.
The recommendation of the Street & Alley Committee that the bid of
Frawley Equipment Company in the amount of $1,195.00 for furnishing a spray bar
for the asphalt distributor be accepted was read and upon motion by Miner, second
by Amundsen, the recommendation was approved.
The recommendation of the Sewer Committee that the change order to
Contract No. 5101 Southeast Relief Sewers (substitute reinforced concrete culvert
pipe for reinforced concrete sewer pipe) be accepted was read and upon motion -by
McPherson, second by Helmkay, the recommendation was approved.
The report of the Zoning Board that the petition of Mr. George Henke
to have Lot 1, Block 29, Northern Addition changed from a residential to a
commercial zone had been considered by the Board of Zoning at a meeting held on
January 19, 1951 and thata motion;was made, and seconded recommending to the
Council that the petition be denied and upon vote of the four members present, two
voted in favor of the mo,tion and two voted against the motion, was read and upon
motion by Miiber, second by McPherson, the same was referred back to the Board of
Zoning.
The Mayor's appointment of Mr. Fred Witzke to serve on the Zoning Board
rF"284
Record of- Official Proceedings of the Common Council
' of the City of Rochester, .Minn., February 19, 1951
•
for the unexpired term of Mr. August Do•rnack which runs to the second Monday in
April, 1951 was read and upon motion by Miner, second by Helmkay, the Mayor's
appointement was approved.
The.recommendation of the Police Committee and the Chief.of Police
that parking be prohibited on the following named streets on one side only,* was
read and upon motion by Amundsen, second by McPherson,- the recommendation was
ilapproved: East Center Street from the•entrnace to the Mayo Civic
Auditorium to 11 Avenue, on the South side of the street
j only;
Fourth Street Southeast -from the Bear Creek Bridge to
Eleventh Avenue, on the South side only;
Eleventh Avenue Southeast and Northeast, from Fourth
Street Southeast to the Silver Creek Bridge on Eleventh
Avenue Northeast, on the East side only;
Thirteenth Avenue Southwest, from First Street to Second
Street, on the East side of the Street only;
West Center Street from. Seventh Avenue to Eleventh Avenue,
on the North side of the Street only; and
Sixth Street Southwest, from Second to Third'Aven ue, on -the
North side of the Street only.
The following copy of a resolution. adopted by the Public Utility Board
was read and President Fryer ordered that the same be placed on file:
"WHEREAS, the Public Utility Board has duly advertised for sale
the South 221 of Lot 9, all of Lot 9 and the North 22' of Lot 10,.
Block 50, Original Plat of the City of Rochester, Minnesota; and
WHEREAS, Smith -Sonnenberg Motors of this City have submitted
the highest bid in the amount of TWENTY ONE THOUSAND THREE HUNDRED
DOLLARS ($21,300.00) and
WHEREAS, the Public Utility Board considers this a fair offer
at this time,
THEREFORE, be it and.it is hereby resolved by the Public Utility
Board of the City of Rochester, Minnesota that the Hon. Common
Council of the said City be and is hereby requested to direct the
City Attorney of the said City to execute a deed conveying clear •
title to the said property to the Smith -Sonnenberg Motors and convey
same to them upon full payment of their proposal."
The resignation of Hubert L. yroman from the Rochester Fire Department,
effective March 20, 1951, was.read and upon motion by Miner, second by Helmkay,
his resignation was accepted.
A letter from the Public Examiner transmitting a request by Governing
,Body of the City for examination of accounts and affairs of the City from April 1,
1951 to April 1, 1952 was read and ordered placed.on file and the request for
:audit was signed by all members of the Council present.
A summons and complaint in the matter of Herbert C. Sandberg vs.
,Louis R. Fellows, Dean Lent, Rochester Yellow Cab Corporation and City of
Rochester was read and President Fryer referred the same to the City Attorney.
The request of the Rochester Shrine Club for permission to, operate a
bingo game on their regular meeting nights, the first Wednesday of each month,
was read and the same was ordered placed on file.
A communication from the State of Minnesota, Water Pollution Control
Commission, advising that plans recently submitted for sewerage facilities in
the City of Rochester, consisting of 2177 feet of .1511 diameter pipe, had been
1
Record of Official Proceedings of the Common Council
of the City of Rochester,. Minn:, Febrti-ary .19, 1951
1
•
0
r�
1
approved and construction authorized was read and the same was ordered placed on
file. "
A communication from Mr. George P. Leiferman stating that he would be
unable to serve.as a Commissioner for condemnation proceedings was read, the same
of he First Ward
was ordered placed on file and the Aldermen1were instructed to notify the City
Clerk when another appointment was made..
The request of the Board of Public Health and Welfare for approval to
award the purchase of dental examining equipment t'o M. F. Patterson Dental Suppl
Company in the amount of $3,246.06 and the purchase of two electric wall clocks to
Ixam the Walker Larson Appliance Company in the amount of $57.00.was read and
upon motion by Miner, second by McPherson, the request was approved.
The .request of Mr. Arthur Glasenapp _for, a special permit to construct a
duplex on Lot 4 of Lakeside Replat was read together with statements of acquies.c-
ence signed by Ray L. Niles owner of Lot 3, Lakeside Replat; Thomas L. Hodge
owner of Lot 2, Lakeside Replat and Ruger M. Keehn owner of Lot 1, Lakeside
Replat. The matter was referred to the Building Inspector for investigation and
report at the next meeting.
The claim of Mr.. John M. Volna for damage to his' car in the amount of
$70.90 was read and the same was referred to the City Attorney.
The annual report of the Municipal Court and the Conciliation Court of
the. City of Rochester for the year ended December 31, 1950 ias read and the same
was ordered placed -on file.
The Public Library statistical report and the County Library
statistical report for the year ended Ddcember 31, 1950 were read and the.same
were ordered placed on file.
The City Treasurer's report for the month of January, 2951 was read and
the same was ordered placed on file.
The report of receipts and disbursements in the Park Improvement Fund
for the month of January, 1951 was read and the same was ordered placed on file.
The reports of the Clerk of Municipal Court for the-we'ek ended
February 10, 1951 showing totalcriminal fines and costs collected $696.,00 and
civil fees received $.35 and for the week ended February 17, 1951 showing total
criminal fines and costs collected $397.72 and civil fees received $.60, were
each read and having been approved by the City Attorney, President Fryer ordered
that the same. be placed on file.
The applications for °Off sale" intoxicating liquor licenses of Leo A.
Huey, Andrew C. Chafoulias, I. Coppe, Ralph Max Graen, Robert P. Kennedy, Michael
Kitzman, Edward C. Livingston and Norman Wyatt, Chris Margellos,' Donald W.
McConnell and Joseph Van Kraanan were each read and upon motion by Miner, second
Record of Official Proceedings of the Common Council
of the City of Rochester, Minn:, February 19, 1951
•
�Iby Amundsen, the said licenses were approved subject to the approval of the
State Liquor Control Commissioner.
The license bonds of' Andrew ,Chafoulias, I. Coppe, Ralph Max Graen,
j Michael Kitzm an, Edward Livingston, Chris Margellos and Joseph Van Kraanan each
i
in the amount of $1,000.00 with the Western Surety Company as surety; Robert P.
Kennedy in the amount of $1,000.00 with the Firemen's Fund Indemnity Company as
surety; Leo A. Huey in the amount of $1,.000.00 with the Hartford Accident &
Indemnity Company as surety and Donald W. McConnell in the amount of .$1,000.00
with the St. Paul Mercury Indemnity Company as surety, were each read and upon
motion by Miner, second by Amundsen, the bonds were approved, the surety thereon
accepted and it was ordered that the same be placed on file.
The license bonds of W. J. Hankee in the amount of $1,000.00 with the
�St. Paul Mercury 'Indemnity Company as surety and Harold A. Hoffman in the amount
i�
lof $1,000.00 with the Western Surety Company as surety, were -each read and upon
motion by Miner, second by Helmkay, the bonds were approved, the surety thereon
accepted and it was ordered that the same be placed on file.
The contract bond of Ace Sign Company in the amount of $364.00 with the
(Glens Falls Indemnity Company as surety was read and the same was referred to the
Mayor for his approval.
i
Alderman Amundsen reported that a location for the Civil Aeronautics
Station was available on the Leo Herrick farm South of the City at a monthly rental
charge of $25.00. After some discussion a motion was made by Amundsen, second
by Miner, that the Public Grounds Committee offer $15.00 per month for the proposed
location.
i
Mr. Raymond Wieland submitted a plan to .the Council which would set up
a Committee to examine and investigate applications for the Yet.eraalsHousing
Project at the fairgrounds. The matter was referred to the Council as a Committee
lof the whole for study and report at the meeting of March 5, 1951.
The application of Lillian Neuman, Walter Schattschneider, Fergus
'!Brackenbury and Edward Brackenbury for transfer of Franchise #633, as amended
,by #650 and #675, under which the Service Cab Company was operated by Harlan W.
Br.iese was read and upon motion by Miner, second by Amundsen; the transfer of
the said Service Cab Company from Harlan W: Briese to Lillian Neuman, Walter
,Schattschneider, Fergus Brackenbury and Edward Brackenbury was approved.
A communication from the Olmsted County Historical Society stating that
plans were being made for the 1954 Centennial celebration and requesting that the
,Council appoint one of its members to the Centennial -Planning Committee.was read
and President Fryer appointed Alderman Miner to the said Centennial Planning
Committee.
1
1
•
1
•
1
1
0
Record of Official Proceedings of the 'Common Council
of the City of Rochester,: Minn.,. - February 19', 1951_
i
1
0
r r�
Alderman Helmkay introduced a resolution accepting the bid of Radio
Corporation of America for furnishing radio equipment for use in' the City..
Engineer's Department, 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 Fryer declared the
said resolution duly passed and adopted: -
Alderman Helmkay introduced a resolution accepting the bid of Frawley
Equipment Company for furnishing a spray bar for the City's asphalt distributor,
which was read.
Upon motion by Anderson, second by Helmkay, that -the said resolution be
adopted as read, and all voting in favor thereof, President Fryer declared the
said resolution duly passed -and adopted.,
Alderman Helmkay "introduced a resolution approving a resolution adopted
by the Public Utility Board, selling.real estate to Smith -Sonnenberg, which was
read.
Upon motion by Helmkay, second by McPherson, that the said resolution
be adopted as.read, and all voting in favor thereof, President Fryer declared the
said resolution duly passed and adopted. .
Alderman Helmkay introduced a resolution ordering bids; for the
construction of a bridge over the Zumbro River on East Center Street, which was
read.
Upon motion by McPherson, second by Miner, that the said resolution be
adopted as read, andall voting in favor thereof, President Fryer declared the
said resolution duly passed and adopted..
Alderman Helmkay. introduced a resolution accepting plans and specifi-
cations and ordering bids for the construction of a watermain in' Parksicle Additioi
which was read.
Upon motion by Miner, second by Amundsen,,that the said resolution be
adopted as read, and all voting in favor thereof, President Fryer declared_ the
said resolution duly passed and adopted.
A ld"erman Helmkay introduced a resolution ordering, plans, specification
estimate .of cost and 2nd ,hearing on construction of a curb and gutter on 5th
Avenue Northwest from 1st Streetto the Chicago North Western Railway tracks, -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 Fryer declared the
said resolution duly passed and adopted.
Alderman McPherson introduced a resolution ordering plans,specifications
0
estimate of cost and 2nd hearing on construction o.f a curb and gutter on Sth '
Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., February 19, 1991
Avenue Southeast from llth to 12th Street'Southeast, which was read.
Upon motion by Anderson, second by Helmkay, that the said resolution
be ach pted as read, and"all voting in favor -thereof, President Fryer declared
the said resolution duly passed and adopted. .
Alderman McPherson introduced a resolution ordering plans,specifications,
estimate of cost and 2nd hearing on construction.of a curb and gutter on 9th
Street Northeast from llth to 13th Avenue Northeast, which was read.
L
Upon motion by Helmkay, second by'McPherson, that the said resolution
be adopted as read, and all voting in favor thereof, President Fryer declared
li
u
the said resolution duly passed and adopted.
f,
Alderman McPherson introduced a resolution ordering plans, specifi-
cations, estimate of cost and 2nd hearing.on construction of a curb and gutter
on Sth Avenue Northeastbf rom 9j to 14th Street Northeast, which was read.
Upon motion by McPherson, second by Miner, that the said resolution
be adopted as read, and all voting in favor thereof, President Fryer declared
the said resolution duly passed and adopted.
Alderman McPherson introduced a resolution ordering plans, specifi-
cations, estimate of cost and 2nd hearing -on construction of a curb and gutter -
on 92 Street Northeast from Sth to 9th Avenue Northeast, which was read.
Upon motion by Miner, second by Amundsen, that the. said resolution be
,adopted as read, and all voting in favor thereof, President Fryer declared the
said resolution duly passed and adopted.
Alderman McPherson introduced a resolution ordering plans, specifi-
cations, estimate of cost and 2nd hearing -on construction of a sanitary sewer
,and watermain on 2nd Avenue Northeast from 14th to 16th Street Northeast, which
was read.
Upon.motion by Amundsen, second by Anderson, that the said resolution
,h
Ibe adopted as read, and all voting in favor -thereof, President Fryer declared the
said resolution duly passed and adopted.
Alderman McPherson introduced a resolution ordering plans, specifi-
cations, estimate of cost and 2nd hearing on construction of a curb and gutter
on 6th Street Southeast from 4th to 5th Avenue Southeast, which was read.
Upon motion by Anderson, second by helmkay, that the said resolution
,be adopted as read, and all voting in f avor'thereof, President Fryer declared
the said resolution duly passed and adopted.
Alderman Miner introduced a resolution ordering plans, specifications,
;estimate of cost and 2nd hearing on the grading and surfacing of 2nd Avenue
Northeast from 14th to 16th Street and.15th Street Northeast from 2nd Avenue, one
•
1
1
u
1
1
1
half block east, which mas read.
i
Record of -Official Proceedings of. the Comnlion Council
of the City of Rochester, -Minn., February 19. ,199.
I
1
9
Upon motion by Helmkay, second by McPherson, that the said resolution
be adopted as read, and all voting in favor thereof, President F,Iryer declared
the said resolution duly passed and adopted.
Alderman Miner introduced a resolution.ordering plans, specifications,
estimate of cost and 2nd hearing on grading and surfacing.of loth Street Northeast
from lath Avenue to the west line of Miner's Heights, which was read.
Upon motion by McPherson, second by Miner, that the said resolution be
adopted as read, and all voting in favor thereof, President Fryer declared the
said resolution duly passed and adopted.
Alderman Miner introduced a resolution ordering plans, .specifications,
estimate of cost and 2nd hearing on grading and surfacing of 5th Avenue Southeast
from 4th to 6th Street; 6th Avenue Southeast from 5th to 6th Street and 5th
Street Southeast from 4th to 6th Avenue Southeast, which xas read.
Upon motion by Miner, second by Amundsen, that the said resolution be
adopted as read, and all voting in favor thereof, President Fryer declared the
said resolution duly passed and adopted.
Alderman_Miner introduced a resolution appropriating $1,,4�6.Og from the
Street & Alley Fund and ordering payment made.to Minneapolis Equipment Co.-265.60;
Olmsted County Highway Department - 350.00; Firestone Stores--625.41 and D. H.
Holt Company - 305,07, 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 Fryer declared
the said resolution duly passed and adopted.
Alderman Miner introduced a resolution appropriating $1,916.17 from the
S. D..P. Fund and ordering payment made to Toltz, King & Day, Inc., which was read
Upon.motion by Anderson, second by Helmkay, that the.said resolution
be adopted as read, and all voting in favor thereof, President.Fryer declared
the said resolution duly passed and adopted.
Alderman Miner introduced a resolution appropriating $364.0o from the
Parking Meter Fund and ordering payment made to Ace Sign Company, which was read.
Upon motion by Helmkay, second by McPherson, that the said resolution
be adopted as read, and all voting in favor thereof, President .Fryer declared
the said resolution duly passed and adopted.
Alderman Anderson introduced a resolution appropriating $3,012.99 from
the General Fund and ordering payment made to H. A. Rogers Co. - 300.20; Standard
x
Oil Company, $1,O95.96; Cooperative Oil Company, $1,141.53 and Federal
Laboratories, $485.30, which was read.
Upon.motion by McPherson, second by Miner, that the said resolution be
adopted as read, and all •voting in favor thereof, president Fryer declared the
said resolution duly passed and adopted.
Record of Official Proceedings of the Common Council
of the City of Rochester, Minn.. February 19; 1951
•
II _
Alderman Anderson.introduced a.resolution appropriating $212.50 from
the General. Fund, $327.75 from the Street & Alley Fund, $263.64 from the Fire
!Protection Fund and $75.50 from the Parking Meter Fund and ordering payment
,I
II made to Wm. H. Ziegler Co., $311.14; Schmidt Printing Company, $291.00 and
Parkhill Brothers, $290.25, which was read.
Upan motion by Miner, second by Amundsen, that the said resolution
be adopted as read, and all voting in favor thereof, President Fryer declared
the said resolution duly passed and adopted.
Alderman Anderson introduced a resolution appropriating $577. 50. from
the General Fund, $100.90 from the Sewer Fund and $575.74 from the Lighting Fund
and ordering payment made to the City of Rochester, Public Utilities, 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 Fryer declared
the said resolution duly passed and adopted.
0
Alderman Anderson introduced a resolution appropriating $214.34 from
i
the Gefteral Fund, $34,45 from the Fire Protection Fund and $10.50 from the Sewer
Fund and ordering payment made to N. W. Bell Telephone Company, which was read.
Upon.motion by Anderson, second -by Helmkay, that the said resolution
be adopted as read, and all voting in favor.thereof, President -Fryer declared
the said.resolution duly passed and adopted.
Alderman Anderson introduced a resolution appropriating $667.71 from
;the Fire Protection Fund and ordering•payment made to Midway Lincoln Mercury
Sales & Service, $322.71 and Rochester, Minnesota Fire Extinguisher Company,
$345,00, which was read.
Upon motion by Helmkay, second by McPherson, that the said resolution
be adopted as read, and all voting in favor thereof, President .Fryer declared
the said resolution duly passed and adopted.
Alderman Anderson introduced a resolution appropriating $4,765.69 from
the Park Improvement Fund and ordering payment made to Mayo Civic Auditorium
I� Revolving Fund, which was read.
Upon motion by McPherson, second by Miner, that the said resolution
be adopted as read, and all voting in .favor thereof, President Fryer declared
the said .resolution duly passed and adopted.
The following claims.wer.e read and upon motion by Amundsen, second by
IMcPher.son, the same were approved.and the Mayor and City Clerk were authorived
and directed to draw warrants upon the City.Treasurer and make -payments accordingly:
From the General Fund: Marchant Calculating Machine Co., $59.00; West
1
1
•
1
9
IL
I.
Publishing Company, $20.00; Cranston Typewriter Exchange, $1.65; McGraw Hill Book
Record of Official Proceedings of the Common Council'
of the City of Rochester, � Minn., February.19, 1951
•
U
•
1
1
Company, $8.69; Linda Walters, $97.50; Lynn D. Peeler, $25.55; Richard Hendricks, j
$82.50;.James Jenewein, $12.00; Carl Hooper, $1.12; Industrial-Commission,of
Minnesota, $10.50; American 'Public Works Assn., $10.00; Quality Printing Company,
$1.20; Ole's Linoleum & Drapery Shop, $16.50; Otis Elevator Co., $14.35; Oswald
Publishing Co., $29.16; Quality Printing Co., $24.90; Mayo Clinic, $53. 50; H.
Dornack, $60.90; R. L. Condon, $12.70; Postier, & Eggers Co., $5.50; K-F Sales
Company, $25,00; West Side Texaco Service -Station, $4.17; Cooperative Oil Co.,
$2.24; Scotty's Shell Service, $35.30; 0 & 0 Sporting Goods, $1.'30; Leo N.
Herrick, $56.39; Larry Lentz & Son, $11.00; J. I. Holcomb Mfg. Co., $24.00; R. C.
rips Grocer Co., $27.58; Botsford Lumber Go., $.30; Podein Freight Ways, $1:46;
Junius Lemmon, $96.00; Junius Lemmon, $153.60; International Business Machines
Corporation, $32.50; Hentges Glass Co., $8.00; Devoe & Raynolds, $2.13; Rochester
Quarry Co. , $4.68; Hanson Hardware Go. , $1.16; Peoples Natural Gas Co. , $49.41;
National Bushing &.Parts, $6.24.
From the Parking Meter Fund: Miller Meters, Inc., $45.92; E. T.
Watkins Electric Motor Service, $24..80;-Alpek.Sheet Metal Works;' $14.70; Devoe &
Raynolds, Inc., $2.19.
From the Street & Alley Fund: H. Dornack, $11.04; -H. A. Rogers Co.,
$96.85;• Hentges Glass Co., $6.50; Devoe- & Raynolds, $4.10.; . Rochester Quarry Go.,
$32.50; Hanson Hardware Co., $5.13; Art Mitchell, $2.25; National'Bushing &
Parts, $86.40; Truck Service Co., $16.41; Elgin Sweeper Co., $129.60; Reteo
Alloy Company, $46.09; Leo N. Herrick, $6.00; Home Gas Company, $190,04; Cities
Service Oil Co., $25.92; Nicols, Dean & Gregg, $29.33; Anderson Radiator Service,
$45.01;' Clements Chevrolet Co., $136.95; Bemel Auto Parts, $73.70; Socony
Vacuum Oil.Co., $23.15; The George T. Ryan Co., $41.03; A. E. Byholt, $63.00;
Walter Doty, $46.00; Mrs..Hazel Kitzman, $76.98; Frenchy Rousseau, $85.00; M.L.
McIntire, $95.50; Fred H. Lidtke, $20:SO; Fritz L. Wiersma, $29.90; Beater
Harms, $5.20; Anderson Radiator Service, $17.40; Witte Transportation Company,
$29.73-
From the Sewer Fund: H. Dornack, $23,00; Hanson Hardware Co.,$3.95;
Peoples Natural. Gas Co., $10.23; Fritz L. Wiersma, $2.60; Lester Harms, $5.20;
Rochester Silo Company, $99.60.
From the Bridge Fund: L.-M. Feller Co., $92.72; Rc&es'ter Quarry
Co. , $7.80; Rochester Silo Company., $99. 60.
From the Fire Protection Fund: 0. E.• Ginther, $3,00; Mayo Clinic,
$35.00'. Nicols, Dean & Gregg, $73, 69; Modern Floor Covering, $1.00; Nelson .
Tire & Appliance Co.,!$57.33;,Hayes Lucas Lumber Go., $124,70; Cooperative
Oil Co., $1.i5;,Olmsted County Implement Company, $7.00; Southeastern
Minnesota Fire Department Assn., $3. 00; International City Managers Assn.,
0
292 I
Record of Official Proceedings of the Common Council
of the City of Rochester, Minn.. February 19);-1951
$7.50; Leef Bros. Inc., $23,90; Harold J. Mrachek, $100,00; Anderson Radiator
Service, $2.90; National Bushing & Parts, $52.60; Witte Transportation Co.,
$9. 55.
Mayor McQuillan spoke on Civil Defense planning and recommended
that.the City Attorney prepare an ordinance, similar to the one now.in
II
;operation in the City of Milwaukee, which governs Civil Defense activivitbs.
He also appointed Carl Hooper as Civil Defense Administrator and recommended
his salary be set, at- an amount of from $5,000.00 to. $6,000.00 per year. He
also stated that Mr. Fred Furlow.had notified him that there was still a
balance in the Civil Defense fund which was now available and upon motion by
, Miner, second by Anderson, the City Clerk was instructed to write Mr.' Fred
Furlow and request that the balance in the civil Defense fund be.now turned
over for Civil Defense.
Upon motion by McPherson, second by Helmkay, the City Attorney was
instructed to.prepare an ordinance governing Civil Defense activities in the
City of Rochester.
It was brought to the attention of the Council that legislation was
now under consideration which would increase the amount of retirement for Police
sand Firemen in the State of Minnesota and upon motion by.McPherson, second by.
Amundsen, the City Attorney was instructed to write the Honorable Walter
Burdick, Senator, urging that the proposed legislation be adopted.
It was also brought to the attention of the Council that legislation
had again been proposed which would authorize a tax on natural ga$.used in the
State of Minnesota and upon motion by McPherson, second by Helmkay, the City
Attorney was instructed to -write the Honorable Walter Burdick,. Senator, and
advise him,that the Common .Council of the City of Rochester wishes to',go. on
record as being opposed to the proposed tax.
Upon motion by Amundsen,. second by Anderson, the City Clerk was
i instructed to request inventories from the various city Boards and departments..
Adlerman Amundsen, Acting Chairman of the Finance Committee, brought
up the matter of the issuance of bonds for the construction of a grandstand
at the baseball park, which had been brought to the attention of the Common
Council at a meeting held on January 15, 1951, at which time City Attorney Hunt
was authorized to contact Mr. Barber, of Dorsey, Colman, Barker, Scott &
!Barber, Attorneys in Minneapolis, for advice on the issuing of the said bonds,
(which was authorized at a special election held.in February, 1950. Mr. Hunt
ii
tread the following letter from Mr. Barber of Dorsey, Colman,,Barker, Scott &
Barber:
1
1
is
1
•
1
I ��
0
Record of Official Proceedings of the Common Council
of the City of Rochester; Minn.. February.l9 1951
1
•
1
L�
1
February 5, 1951
"Mr. Desmond B..Hunt '
Attorney at Law
Rochester, Minnesota
Re: $90,000 Park Grandstand Bonds
City of Rochester
-Dear Desmond:
Your letter of January 29 was not sooner answered
owing to my absence•f rom the city. on A business trip. I
regret to advise that our office could not approve bonds
issued at this time under the resolution passed last
January and the election held last February. We see no
escape from the requirement of Section 179 of'the',City
Charter., that the initial resolution shall state "the time
or times when the principal shall become due" among the
various details of the proposed bonds; and the specification
in Sections 180.and 1S1,-that the voters are to approve the
resolution as well as the issuance of the bonds; and of
Section 192, that when they are, approved by a 3/5 vote, the
Council "shall issue such bonds in the amount and upon the
terms and conditions in -said -resolution specified and not
otherwise".
We have given consideration to Chapter 692 Laws of
1949. Section 2 of this act authorized the city to issue
bonds for this purpose. Section 7 requires an initial,
resolution stating merely the amount and purpose of the
bodn issue, and Section S requires approval by a majority of
the voters. While some•-�argument could be made that the bonds
provided for in the 1950 proceedings could now be issued with a
change in the bond date -and bond maturity dates on the
theory that last year's resolution and election satisfied
the requirements of this statute, we do not think this is
cuff idently clear to enable us to approve the bonds on such
a theory. The statute is far from clear to the effect that
the charter provisions as to what is to be submitted to
the voters may be disregarded, and, even if it were, we
doubt whether the restrictions specified in the resolution.
could now be ignored, since they were in fact made a part of
.the proposition voted upon and probably operated to limit
the authorization thereby given to the City Council.
We therefore -feel -that the City Council should adopt a
new resolution and hold a new election if it is to proceed at,
this time to borrow tha money. It is my recollection that some
time last fall the President or one of the federal agencies
issued_an order prohibiting the making of -improvements of
this kind. If it has not already been gone -into, that question
should be examined, because of course it would not be wise
to issue the bonds and borrow,the money and not be able to
make the improvement. i.
Very truly yours,
DORSEY;COLMAN,BARKER,SCOTT & BARBER
By:, Hugh H. Barber"
Upon motion by Amundsen,. second by Miner, the meeting was adjourned,
City Clerk
L�