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HomeMy WebLinkAbout01-20-1969Record of Official Proceedings of the'Common Council of the City of Rochester, Minn., January20, 1969 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 January 20, 1969. President DeVries called the meeting to order at 7:30 o'clock P. M., the following members being present: President DeVries, Aldermen Brunnette, Ellison, Folkert, Larson, Perry, Postier. Absent: None. Upon motion by Ellison, second by Postier, and all voting in favor, the minutes of the meeting of January 6, 1969 were approved with the following correction - On page 6, • line 20, the name bechanged from Mr. Rush to Mr. Hirman. President DeVries stated this as being the time and.place set for a hearing on the proposed ordinance entitled "An Ordinance amending Ordinance No. 1466 which was an ordinance entitled An Ordinance establishing within the City of Rochester=:.an Urban Service District and a Rural Service District as separate taxing Districts (lands in Sections 21 and 22-107-14 owned_=.by I.B.M.). There was no one present wishing to be heard. President DeVries declared the hearing officially closed. Bids were advertised to be opened at 11:45 A. M. on January 20, 1969 for furnishing one sidewalk snow plow for use in the Street & Alley Department and only one bid was received. Upon motion by Larson, second by Perry, and all voting in favor, the City Clerk was instructed to open the one -bid. The bid of Hat-Oorson Equipment Inc. in the amount of $6,924.00 was opened and upon motion by Perry, second by Folkert, and all voting in favor, the bid was referred to the Public Works Committee for recommendation. A letter from Alex P. Smekta, Mayor recommending that Mrs. Donna Cords 1866 - 19th Street N. W. be hired to fill the vacant position at llth Avenue and West Center Street, effective January 8, 1969, was read and upon motion by Perry, second by Brunnette, and all voting in favor, the same was approved. A resolution adopted by the Board of Park Commissioners recommending to the Common Council that consideration be given to trading a small portion of the Hog Farm if necessary to acquire the afore proposed addition to Bear Creek Park (they feel that portion of the Conway property is essential to future development of the park and urge continued negotiation toward acquiring the approximately 22 acres previously recommended)was read. Upon motion by Ellison, second by Brunnette, and all voting in favor, the resolution was approved. A resolution adoptedby the Board of Park Commissioners recommending that approximately 12 acres of the Hog Farm property be made available for future consideration of a Minnesota National Guard Armory (the site is designated as the southeastern portion of the property with -approximately 800 footfrontage on Highway #52) was read together with the recommendeation of the Planning &Zoning Commission recommending approval of this proposal. Upon motion by Folkert, second by Perry, and all voting in favor, the resolution and the recommendationwere referred to the Public Safety Committee. A letter signed by Thomas Lewis, Conductor and Music Director, requesting to have the position of Music Director placed on full time status, in the suggested grade of 21 in thecurrent salary schedule and requesting that the change may go into effect as of January 1, u Record of Official_ Proceedings of the Common Council of the City of Rochester, Minn.,. January 20, 1969 1969, was read and upon motion by Ellison, second by Perry, and all voting in:favor, the letter was referred to the Personnel Advisory Committee. A letter from Roy Watson in regard to the north -south one way pairs,on First Avenues East and West was read and upon motion by Perry, second by Postier, and all voting in favor, the letter was referred to the Public Works Committee and the Planning & Zoning Commission. A letter signed by Al Schumann, State Representative, stating that he would appreciate it if resolutions would be passed on any local issues that the Council would like passed during the year because they can'.t act on any, of these issues until they have such a resolution before them, was read and President DeVries ordered the same placed on file. The request of Mayo High School Drama Department for permission to display a banner in the downtown area to advertise the musicial comedy "The Boyfriend" from February 1 thru 16, 1969, was read and upon motion by Larson, second by Folkert, and all voting.in favor, the request was approved, said banner to be hung under the supervision of the Building and Safety Department. A letter from Ken Struve regarding the parking situation in the area of 5th Street and North Broadway was read and upon motion by Perry, second by Folkert, and all voting in favor, the letter was referred to the Public Safety Committee. A letter signed by Walter Dexter Roeder and Lawrence Eischen requesting that they be considered if any additional "off sale" liquor licenses are issued was read and upon motion by Folkert, second by Larson, and all voting in favor, the letter was referred to the Public Safety Committee. The three following resolutions were each read and upon motion by Postier, second by Perry, and all voting in favor, the resolutions were approved: a. Resolution authorizing the Public Utility Board to enter into a purchase order contract with K & K Electric Supply for furnishing 1 - 300KVA Three Phase Pad Mounted Transformers. b. Resolution authorizing the Public Utility Board to enter into a purchase ordercontract with S. M. Supply Company for furnishing 2 - 500KVA Three Phase Pad Mounted Transformers. c. Resolution authorizing the Public Utility Board to enter into a lease agreement with the Chicago and Northwestern Railway Company to lease 80 feet of railroad's track and land - annual rent to be $42.40. The following applications and petitions were each read and upon motion by Folkert, second by Postier, and all voting in favor, the same were referred to the Planning & Zoning Commission: 1. Application for preliminary plat approval of Northern Hill First Subdivision 2. Application-rfor preliminary plat approval of Folwell Heights 5th Subdivision 3. Application for preliminary plat approval of Hutchings Replat of Lots 1, 4, 5 and 8, Block 28, Morse & Sergeants Addition 4. Application for preliminary plat approval of Meadow Park 7th Subdivision 5. Application of Edgar and Gertrude Jensen to rezone west 77 feet of Lots 2 and 3 and east 15 feet of Lot 4, Block 42, Morse & Sergeants (913-915 4th Street S.E.) from R-3 to B-la district. The claim of injury of LaVonne C. Gjerdingen for injuries sustained from afall on a city sidewalk was read and upon motion by Brunnette, second by Larson, and all voting in 1 1 0 i U Record of Official Proceedings of the"Cominon Council of the City of Rochester, Minn., January 20, 1969 • 1 1 E 1 favor, the claim was referred to the City Attorney. A letter signed by Mrs. Marie Kuyath of 1120 - 7th Avenue S. W. regarding flood insurance for individual dwellings was read and upon motion by Postier, second by Larson, and all voting in favor, the letter was referred to the legal department. Mr.William Leach was.present and said that.about 45 days ago he appeared before the Common Council with the proposal that he and his client Michael Fields of Chicago would like to purchase ten or twelve acres of city owned land north of Elton Hills Drive on Highway.63 North and at that time the Common Council had deferred it and he wondered if anything more had been done. The Recommendation of the Finance Committee signed by only two members, Folkert and Brunnette, stating that in studying the City owned property (area of the dog pound) in question of possible sale find there are no current plans within the time allocation of the Capital Improvement Program for further use of the land than for the present dog pound and the majority of the committee recommend the sale of this land to private ownership and to be restored to the tax rolls, was read. Alderman Folkert said the Finance Committee had discussed this matter at their last meeting and had requested the Finance Director to check over the Capital Improvement budgets and he reported back that nc requests were in the budget that would make use of this land; he said the main requests in the six year program were for (1) a.library building (2) multi -purpose arena (3) joint city -county building (4) a new fire hall and (5) central maintenance garage and it was the majority of the opinion that we could not come up with apossible use for this land in the next six years or even in the next ten to twelve years and it was the opinion of the majority of their committeethatctihis land be put up for sale and put on the tax rolls;. however, since the meeting of the committee studying the location for the joint city -count) building feels thatthis may be a possibility he would be in favor of considering this. Alderman Brunnette said he did not feel it was necessary to defer this any further, he felt a city -county building dDuld be inthe downtown area, not so far out of the hub of the City. A motion was made by Postier,.second by Perry, ,that,,€.this,bO tabled temporarily for three tc four months until the study of the joing.city-county is completed and DeVries and Postier voting "aye" and Brunnette, Ellison, Folkert, Larson and Perry voting "no", the motion was declared lost. Alderman Perry stated that they had discussed the.possibility of offering this property for sale and azvaluation was informally discussed and he asked if the City would have to take bids onthis property. R. V. Ehrick, City Attorney said "no" they would not have to take bids but would have to (1) determine it is not needed for present 'nor foreseeable future needs of the City and (2) have an independent appraisal made. Alderman Larson said he thought consideration should be given to when you have prime land that would bring good real estate taxes, this should be considered; he said he could see where continued tabling of this.would have a negative effect on a purchase but would also like to keep open for consideration of a .joint city -county site; he said he thought less costly. land could be used'for a joint building and thought we should proceed with negotiations. President DeVries brought up the fact that this is a heavy traffic intersection and this r� L F'104 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., January 20, 1969 U should be considered by both the proposective buyers and the city. A motion was then made by Perry, second by Folker-t, that this be referred to the Finance Committee, the Administrative Assistant and the Legal Department; all voted in favor. (have an independent appraisal made and available for -review by the Common Council by February 3, 1969).. The recommendation of the Planning and Zoning Commission stating that the petition to vacate the north -south alley located in Block 34, Original Plat (East Center Street to First Street S. E. between First Avenue S. E. and Second Avenue S. E.) had been reviewed.at a special meeting held on January 8, 1969 and they find that this alley is currently serving as an off- street loading area and a route for city steam lines and telephone cables, provisions will have to be made to accommodate these uses if the alley is vacated; one of the petitioner's has filed a legal agreement that provisions will be made for off-street loading and easement rights granted for the public utilities, this alley is -proposed to be abandoned according to the proposed downtown redevelopment plan; based on these findings they recommend thatthis alley be vacated subject to providing an easement for public utilities and adequate space for off-street loading, was read. Upon motion by Perry, second by Brunnette, and all voting in favor, the recommendation was accepted and the City Attorney was instructed to prepare a resolution ordering a hearing on the said vacation. An agreement from the Post Bulletin re certain easements, off street parking, etc. was also presented. R. V. Ehrick, City Attorney, stated that this agreement was rather sketchy and does not tackle the probi6m as to how it will be worked out but thought it could be taken care of by the time of the hearing. A resolution ordering a hearing on the vacation of the north -south alley in Block 34 to be held on March 3, 1969 was then read and upon motion by Perry, second by Postier, and all voting in favor, the resolution was approved and adopted. The recommendation of the Public Safety Committee that Paragraph 7.7, No Parking Zones, Alleys and Service Drive, Section B of the Master Parking Resolution be rescinded in kits entirety and that parking be prohibited at all times on the east side of the north -south alley which lies between 4th Avenue S.W. and 5th Avenue S. W. from 6th Street S. W. to a point 150 feet north of 6th Street S. W., was read and upon motion by Folkert, second by Perry, and all voting in favor, the resolution was approved and the City Attorney instructed to prepare the necessary resolution. The recommendation of the Public Safety Committee regarding the signs that regulate the parking and traffic on Second Street Northwest, First Street Northwest, West Center Street and First Street Southwest on that portion of those streets that lie between 4th Avenue West and llth Avenue West, was read and upon motion by Perry, second by Ellison, and fall voting in favor, the recommendation was approved and the City Attorney was instructed to 1prepare the necessary resolution. The recommendation of the Public Safety Committee that bids be advertised for furnishing one 4-door Sedan for the Fire Department was read and upon motion by Brunnette, second by Perry, and all voting in favor, the recommendation was approve. 1 • �J 1 i 1 9 Record of Official Proceedings of the Common Council 105 of the City of Rochester, "Minn., January 20, 1969 1 • 1 • 1 The recommendation of the Public Safety Committee that bids be advertised for furnishing 1,800 feet of 2�" and 300 feet of 1?" fire hose for the Fire Department was read and upon motion by Brunnette, second by Perry, and all voting in favor, the recommendation was approved. The recommendation of the Public Safety Committee that bids be advertised for the furnishing of one 1250 G.P.M. pumper truck for the Fire Department, was read and upon motion Brunnette, second by Perry, and all voting in favor, the recommendation was approved. The following recommendation of the Public Safety Committee re City Music Program signed by only two members of the committee, Ellison and Folkert, was read and upon motion by Ellison, second by Folkert, and all voting in favor thereof except Alderman Perry who voted, "no", the recommendation was approved: "By letter dated October 31, 1968, this Committee recommended that Chapter 29 of the Rochester Code of Ordinances establishing the Music Board be repealed effective December 31, 1969. Upon receipt of this recommendation the Common Council re -referred the matter to the Public Safety Committee for further study. Our purpose in recommending separation of the City Music program from City government was to place -the music program in the same status as other fine arts programs in the City such as those sponsored by the Rochester Art Center and Rochester Civic Theater and to thereby. encourage more active participation and private financial support in the program by citizens of Rochester. Since the adoption of our original recommendation, we have met with members of the Music Board and other interested citizens and we have been assured that ,continuing efforts will be made to encourage greater interest throughout the community in the City's music program and to obtain more financial support from private sources. Having had an opportunity to re-examine our proposal in light of the renewed interest that has been shown in the music program, it is now our opinion that the Music Board should remain as part of the City governmental structure. We, therefore, withdraw our previous recommendation." The recommendation of the Public Works Committee that the bid of Halvorson Equipment, Inc. in the amount of $6,924.00 for furnishing one sidewalk snow plow for use in the Street & Alley Department be accepted, was read. Upon motion by Postier, second by Larson, and all voting in.favor, the recommendation was approved. The recommendation of the Finance Committee for approval of an amendment to the 1969•budget to provide sufficient appropriation for the purchase of one sidewalk snow plow for! the Street &-Alley Department, the amount necessary over and above the $5,500 appropriated for replacement of a front-end tractor loader which on approval of bid applied insted to a sidewal snow plow, to be transferred from•the capital outlay portion of the Street and Alley budget to the equipment revolving fund, was read. Upon motion by Folkert, second by Postier, and allll' voting in favor, the recommendation was approved. The contract bonds of Hi-Lo Equipment Company in the amount of $2,342.50 with Great, American Insurance Company•of New York as surety and The American Oil Company in the amount ofi $24,780.00 with the Seaboard Surety Company•as surety, were each read and upon motion by Postier, second by Larson, and all voting in favor, the same were approved. The application of Clark Super 100 at 1946 South Broadway for a license to sell cigarettes was read. Upon motion by Postier, second by Brunnette, and all voting in favor, Ej license was granted. Record of Official Proceedings of the " Common .Council of the City of Rochester, Minn., January 20, 1969 The application of H. S. Horwitz, Inc. for a Master Plumber's license was read and upon motion`aby Larson, second by Postier, and all voting in favor, the license was granted. The semi monthly bills in the amount of $173,737.54, list of which is attached, were passed upon motion by Perry, second by Postier, and all voting in favor. A motion was made by.Perry, second by Larson, that the following resolutions be adopted in block and all voted in favor. A motion was then made by Postier,.second by Perry, that the said.resolutions be adopted as read and all voting in favor, President DeVries declared the said resolutions duly passed and adopted: Resolution authorizing Public Utility Board to enter into purchase order contract with S. M. Supply Company for 2-500 KVA Three Phase Pad Mounted Transformers. Resolution authorizing Public Utility Board to enter into purchase order contract with K & K Electric Supply for 1-300KVA Three Phase Pad Mounted Transformers. Resolution authorizing Public Utility Board to enter into a lease agreement with C.N.W. Ry. Company to.lease 80 ft. of railroads track and land. Resolutionirecting City Clerk to advertise for bids for one 4-door sedan for the Fire Department. Resolutiondirecting City Clerk to advertise for bids for furnishing one 1250 G.P.M. Pumper Truck for the Fire Department. Resolution directing City Clerk to advertise for bids for furnishing fire hose. Resolution approving appropriation fransfers in the 1969 budget ($1,424 from S & A Division Capital Outlay Account m the Equipment Revolving Fund and $13,272 from the Park Department Salaries account to the Golf Division Salaries Account). Resolution receiving preliminary report, ordering a public hearing and directing preparation of plans and specifications for water main extension to the Rochester Vocational School in 2nd Street S. E. Resolution approving plans and specifications and ordering bids for water main extension to the Rochester Vocational School in 2nd Street S. W. Resolution referring improvement petition.for street improvement on loth Street S.E. west of 15th Avenue S. E. to the City Engineer and Public Works Committee for determination of adequacy and feasibility report and recommendation. Resolution accepting bid of Halvorson Equipment, Inc. for furnishing one sidewalk snow plow.. The report for -the month of December,.1968 showing fees collected for building permits issued $3,309.50; forelectrical permits issued $967.75; for plumbing permits issued $355.50; for heating permits issued $350..50 and for sign permits issued $72.95 was presented and President DeVries ordered the same placed on file. 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, and the arrangement of buildings on lots, and the 1 • 1 [J 0 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., January 20, 1969 107 1 • 1 r • 1 density of population within -this City of Rochester, Minnesota, all in accordance with a comprehensive.plan (changing Lot 1, Resurrection Parish Subdivision to R-3 Multi -Family Residence District -Medium Density)", was given its first reading. A resolution amending the resolution establishing parking, truck loading, passeng loading, parking meter regulations and provisions, primary and one-way streets and alleys, as follows, was read.and upon motion by Perry, second by Larson, and all voting in favor, t resolution was adopted as read: Section G, One -Way Streets and Alleys, is hereby amended so as to read in its entirety as follows: The following streets and alleys are designated as 'One -Way Streets and Alleys": Streets (1) Center'Street from Fourth Avenue West to Eleventh Avenue West, one- way Tor,�iwestbound traffic. (2) First Street Northwest from Fourth Avenue Northwest to Eleventh Avenue Northwest, one-way for eastbound traffic. (3) First Street Southwest from Fourth Avenue Southwest to Eleventh Avenue Southwest, one-way for eastbound traffic. (4) Second Street Northwest from Fourth Avenue Northwest to Eleventh Avenue Northwest, one-way for westbound traffic. (5) Third Avenue Northwest and Southwest from Sixth Street Southwest to Fifth Street Northwest, one-way for northbound traffic. (6) Fourth Avenue Northwest and Southwest from Fifth Street Northwest to Sixth Street South 9A , one-way for southbound traffic. (7) The Park drives into Silver Lake Park from 14th Street Northeast are designated for one-way traffic as follows: the west park drive for one-way traffic southbound and the east park drive for onw-way traffic northbound. Alleys (1) The alley between Broadway and First Avenue Southeast from Third Street Southeast to East Center Street, onw-way for northbound traffic. (2) The alley between Broadway and First Avenue Southeast from Third Street Southeast to Fourth'Street Southeast, one-way"for southbound traffic. (3) The alley between Broadway and First Avenue Northwest and Southwest from Fourth Street Southwest on the south to Second Street Northwest on the north, one-way for northbound traffic. .(4) The alley between First Avenue Southwest and Second Avenue Southwest from Third Street Southwest on the north to Fourth Street Southwest on the south, one-way for southbound traffic. A resolution amending the resolution establishing parking, truck loading, pass loading, parking meter regulations and provisions, primary and one-way streets and alley, as follows, was read and upon motion by Ellison, second by Brunnette, and all voting in favor, the resolution was adopted as read: Section B, No Parking Zones, Streets, is hereby amended by repealing Paragraph (66) relative to a no parking zone on Third Avenue Southwest between Fourth Street and Fifth Street, and adding paragraph 182.5) to read in its entirety as follows: (82.53 Fifth Street Southwest on the north side of the street between Third Avenue Southwest and Fourth Avenue Southwest between the hours of 7:00 A.M. and 1:00 P. M. on Sundays only. A resolution authorizing the Mayor and City Clerk to execute a contract on behalf of the City with the County of Olmsted providing for the joint employment of S.U.A. Incorporated as building consultant to study and evaluate office space needs of the City and County and to recommend to the City and County suggested methods of providing for the necessary office space, said services by S.U.A., Incorpoated to be provided at a total cost of '$17,500, one half of which is to be paid by the City and one-half by the County, was read. Upon motion by Perry, second by Larson, and all voting in favor, the resolution was adopted. Resolution initiating condemnation proceedings to acquire the :,north 111 feet of 9 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., January 20, 1969 Lot 1n6nd the north 111 feet of -the west 10 feet of Lot 2, Block 14, Head & McMahon's Addition (naming Gerald Thorkelson, Ford Anderson and Mrs. Mary MacLean as appraisors) was read. Upon motion by Larson, second by Perry, and all voting in favor,.the resolution was adopted as read. A resolution ordering a hearing on the widening, repaving and partial sidewalk replacement on.2nd Street Si W. from 5th to llth Avenue S. W. was read. Upon motion by Larson, second by Postier, and all voting in favor, the resolution was adopted as read. Resolution vacating public utility easement over the northerly ten feet of Lot 1, Block 2, Northern Heights (correcting clerical error on previous resolution which vacated utility easement over /the northerly five feet of Lot 1, Block 2, Northern Heights, was read. Upon motion by Larson, second by Postier, and all voting in favor, the*resolution was adopted as read. Upon motion by Perry, second by Postier, and all.voting in favor; the meeting was adjourned. City Clerk