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HomeMy WebLinkAbout02-16-1970Record of Official Proceedings of the Common -Council of the City of. Rochester, Minn., February 16, 1970 []I 1 •, 1 Minutes.of an adjourned regular meeting of the. Common Council of the City o Rochester, Minnesota, held in the Council Chambers .in the City Hall, in said City, on February 16, .1970. President DeVries called the meeting to order.at 7:30 o'clock P. M., the following members. being present: President. DeVries,., Aldermen Cherland, Folkert, Larson, Ludowese, Postier, Strain. Absent: None.. Upon motion by Postier, second by Cherland, and all.v-otirig .in favor, the minutes of the meetings held on February 2nd and._9th, 1970,were approved, President DeVries stated this.as being the time and place set for hearings on the following: t Hearing on extension of sanitary sewer and water main to serve the International Motel and the Hoffman residence lying north of 19.th Street N. W. and west, i of T. H. 52 West,Frontage Road.. Mr. Werner Gruenke of the International Motel inquired if.it was possible to hook up the water.on the.southeast side of the property. President`, DeVries said that thisdwasi�one of the area designated as deficiency in the report of they Fire Department and the water lines would have to be looped..past this frontage at some !I time in order to. give good fire and water service and now seemed to be. the g g proper time � because of the need for water for the Hoffman residence. There was no one else present wishing to b.e.hear-d. President DeVries declared the hearing officially closed. A motion was made b.y. Postier,- second by-Ludowese, to proceed with the project; all voted in favor). Hearing on report by.Commissioners in condemnation proceedings of land in !� Lands Section6-10.6-13 for.park and other public purposes. ..There was no one present wishing to be hoard. 'The notice of this hearing had been published but had not been t served on the people; a;motion was.made by Larson,..second by Ludowese, t)iat the hearing i? be continued until 7:30 o'clock.P. M. on March 21 1970;,all voted in favor. Hearing on report,by Commissioners in condemnation proceedings of land in Allendale Subdivision for public street purposes. There was no one present wishing to be heard. The notice of this hearing had been published but.had not been served on thei, people;- a=,:3_­motion was made by Folkert, second by Cherland, that the hearing be.continue�d until 7:30 o'clock,P. M. on March 2, 1970; all voted in favor. Hearing on proposed assessment for curb and gutter on the east side of 19th j Avenue N. W. from 38th Street N. W. to north line of Lot 01 of Resubdivision #2 of west', i part -of Block 1.of Silver Acres Subdivision.. There .was no one present wishing to be heard.. President.DeVries declared the hearing officially closed.. A motion was then made by Larson, second by Postier, .to proceed with the assessment; all voted in favor. Hearing on approval of .the final plat of Pennington First Subdivision. The',, plat had not been submitted. Upon motion by Larson,. second by Postier, and all voting in favor, no action was taken.. . A letter from the Administrative Assistant and Personnel Director recommending that Stevan E. Kvenvo.ld be appointed as Assistant to the Administrative Assistant, to start his employment about March 16, 1970 at::step B of grade 19 ($753) rye Record of Official Proceedings of the"C6M' imoh Council of the City of Rochester, Minn., February 16, 1970 • (the Personnel Advisory Committee has approved the salary) was read and upon motion by Larson, second by Postier, and all -voting in favor,the appointment was approved. A copy of a letter from Roy Watson in opposition to.one-way streets as discussed by the Chamber of Commerce was .read and ordered placed on file. A notice of hearing. from the Public Service Commission in the matter of the application of Jefferson Lines, Inc. for an increase in passenger rates of fare, hearing to be held in. the State Office Building on February 24, 1970 at 10:00 A.. M., was read and ordered placed on file. The following petition and applications were presented and upon motion by Folkert, second by Postier, and all voting in favor, the same were referred to the Planning & Zoning Commission: 1. petition of K & S Construction Co. to vacate utility easements in Lots 1, 2, 3 and 4, Block 2, Indian Heights Third Subdivision 2. application forplat approval of Replat of Lots 1, 2, 3 & 4, Block 2, Indian Heights Third Subdivision 3. petition of K & S Construction Co. for change of zoning of the north 9.00 feet of Lot 2, Block 2, Replat of Lots 1,2,3,4,Block 2, Indian Heights Third Subdivision 4. application of Donald Buske for variance on Lot 22, Block 21, Elton Hills 5th Subdivision 5. request of Vogel Outdoor Advertising to use porta panel at two locations 6. petition of Robert M. Conway for annexation of land in SW'k of Section 7-106--13.. The.following eight resolution adopted by -the Public Utility Board were read and upon motion by Larson, second by Folkert,. and all voting in favor, the same were approved: 1. Resolution authorizing and directing Mayor and City Clerk to execute the release and indemnifying agreement dated 1-19-70 between City, Pacific Pumps Industries and.Insurance.Company of North America (Boiler Feed Pumps) 2. Resolution authorizing Board to enter into purchase order contract with Crescent Electric Supply Company (aluminum conductor) $M,085.75 3. Resolution authorizing Board to enter into purchase order contract with Chas. Olson and Sons (1 utility body and baskets) •$22,550.50 4. Resolution authorizing Board to enter into purchase order contract with Elements Chevrolet Co. (1 cab'and chassis) $5,452.86 5. Resolution authorizing Board to enter into purchase order contract with K & K Electric Supply Co. (transformers) $4,308.00 6. Resolution authorizing Board to enter into purchase order contract with The Judd Company (transformers) $10,699.00 7. Resolution authorizing Board to enter into purchase order contract with Clements Chevrolet Company (1 Dump Box Truck and 3 'kton pickup trucks) $7,528.41 8. Resolution authorizing Board.to enter into .purchase order contract with RTE Corporation (transformer) $5,069.00 A letter from the Charter Commission submitting an amendment to the City Charter, Section 164 thereto as follows: "Section 164. The Common Council is authorized to levy such excise taxes as a city is permitted to -.levy under the -constitution and laws of the State of Minnesota and including, but not by way of limitation excise taxes on the sale,. storage, use and consumption of personal property, and on admissions, amusements, utility services, and lodgings within the City. Taxes.imposed under authority of this section shall not exceed a rate of one percent except that a higher rate may be imposed on taxable values of less than one dollar and in all cases such taxes shall be assessed and collected by the State of Minnesota for distribution to the City." A motion was made by Larson, second by Folkert, that this recommendation be accepted and the City Attorney be instructed to prepare a resolution to put this amendment on the ballot; 1 1 1 a Alderman Strain inquired if this took a vote to put it on the ballot; the City Attorney said Record of Official Proceedings of the Comm.on`Council 4(99 of the City of Rochester, Minn., February 16, 1970 1 • 1 s -it-takes-action by the Council to approve the question to go on the ballot and as he reade the law the Council- has no discretion in placing it on the ballot, it is just.a matter of the wording and format of -the question;further discussion was held and inasmuch as the letter and proposed amendment were not received until today, a motion was.made by Postier; second by Strain, that this be tabled until the Council has a.chance `to meet with the City Attorney, a meeting was set for 7:30 P. M. on Wednesday, February 18, 1970; all votes in favor. The following feasibility report of the City Engineer was read: t " A Resolution .proposing "Widening, Repaving, Sidewalk, Sewers, Watermain,.and Service Connections in 2nd Street S.W. from T.H. 14-52 to 23rd Avenue S.W." was referred to this office on February 2, 1970, for the Engineer's Preliminary Report. We report that.the improvement is feasible and recommend its.. construction. The work on -this project.will require removal of all the existing _pavement, widening and.repaving of the roadway. to 70 feet, plus construction of curb, gutter, and sidewalk. Storm sewer construction will consist of a trunk line and laterals in 2nd Street S. W., an outfall trunkline in West Zumbro Addition, plus a drainage ditch from West Zumbro Addition to Cascade.Creek. Sanitary sewer and watermain will be constructed along 2nd Street S.W. so -as to enable all preoperty abutting this project the opportunity of service to these utilities. The estimated costs for the above described construction is as follows:. Grading & Paving $152,620.00 Concrete Curb &:Gutter. 16740.00 Sidewalk 10:990.00 Storm Sewer 170970.00 - Sanitary Sewer 29:480.00 Watermain 24,160.00 Service Connections 3,000.00. Total Construction Costs $407,960.00 Add 20% for Engineering, Legal & Contingencies $81,590.00 Add-'$5000 for _Right -of -Way 5;000:00 $494,550.00 The costs of this project will be borne -by City Revenues, Special Assessments and Highway Turnback Funds. This Project is a cooperative project with Olmsted County. It will be contracted by Olmsted County." The recommendation of the Public Works Committee (signed by only two members Larson and Ludowese) stating that they had considered the above project and recommend its constr- uction and that a hearing be held on March 16, 1970 was also read. A memo from Albert J. Toddie, Jr. Assistant City Engineer, statad,., that as a result of a conversation with Mr. Art Schellhammer, County Engineer, he received the information that (1) the County Will pay the entire cost of the grading and paving, the entire cost of curb and gutter outside of the city limits and a portion of the cost of the storm sewer in 2nd Street S. W. and (2) Minnesota Highway Department Turnback Funds will pay for a portion of the above costs, the exact percentage will be determined by the State upon examination of the constructio plans. Alderman Strain said he had not signed the recommendation because about $376,800 had been budgeted for this project and now it looks like the cost will be something of about $170,000 over that, the information from the County had just been received this evening and felt they should have more time to study it and also get a more itemized I breakdwon of the costs and therefore made a motion that this be tabled until the meeting; on March 2nd; Alderman Postier seconded the motion to table. Alderman Larson pointed out that the recommendation of the Public Works Committee was to have a hearing on IIC Record of Official Proceedings of,, -the` Common -Council of the City of Rochester, v Minn., February ' 16; ' 1960 • March 16th at which time_all this information could be submitted. Alderman Postier said if the for holding hearing recommendation was.just the matter of a he would, withdraw his second to the tabling motion; Alderman Strain withdrew his motion to table. A motion was then made by Larson, second by Folkert, to accept the recommendation of the Public Works Committee and set a hearing for 7:30 o'clock P. M. on March 16, 1970; all voted in favor. Bids for furnishing eight two-way mobile radios for the City Engineer's Department were received at 11:45 on February 13, 1970 and the following two bids were received and.opened: General Electric Company -.8 two-way mobile radios -.General Electric Master Professional - Model MT56TAU with no charge for 1-year service.. . . . ... . . . $6,960.00 Alt.. 8 -two-way mobile.radios Royal Executive. • Model RS56TAU.with no chage fox .1 year service .6,016.00 Motorola Communications & ° Electronics, Inc. 8 two-way mobile radios Motorola -.Model No. T43CMT3100K with service @ 8.25 .per mo. .5,576.00 8 two-way mobile radios Motorola - Model No. T43BBN3100K with service @ 8.25 per mo. 6,152.00 Upon motion by Folkert, second by Strain, and.all voting in.favor, the.bids were tabled until Ithe meeting of March 2, 1970. . The applications of Stop & Go Foods for a cigarette license and an "off sale" non - intoxicating malt liquor license.at 1605 Second.Street S..W. were read and upon motion by Postier, second by Strain, and all voting in favor, the applications were referred to the Public Safety Committee. The applications.for_"Off Sale" Liquor License of Bob's Liquor Store, Daly Liquor, I Inc., Huey's Drive -In Liquor Store, Inc., Andy's Liquor;.Inc., Gopher Liquors of Rochester, Inc., Northgate Liquor Store, Deluxe Liquor Store'of Northbrook, Inc., Hillcrest Liquors, Inc., Rochester Liquor.Supply Inc., and Buckeye Liquor Store were each read and upon motion second by Cherland, and all voting in favor, the licenses were granted, subject to Ilostier, approval by the State Liquor Control Coimnissioner. The license bonds each in the amount of $1,000.00 of Bob's Drive In Liquor and Liquor Store, Inc. with Northwestern National Insurance Company as surety; Daily Liquor IAndy's 'Inc. with Transamerica Insurance Company as surety; Huey's Drive In Liquor Store, Inc., and Gopher Liquors of Rochester, Inc. with Hartford Accident and Indemnity Company as surety; Northgate Liquor Store. with The Travelers Indemnity Company as surety; De Luxe Liquor Store of Northbrook, Inc. and Hillcrest Liquors, Inc. with Western Surety Company as surety;. Rochester Liquor Supply, Inc. and Buckeye Liquor Store, Inc. with Universal Surety Company as surety were each read and upon motion by Postier, second by Cherland, and all voting in favor, the bonds were approved and the surety thereon accepted. A motion was made by Folkert, second by Postier, and passed unanimously that the semi-monthly bills, list attached, in the amount of $135,017.33 be approved. A motion was made by Larson, second by Cherland, that the following resolutions be adopted in block; all voted in favor. A motion was made by Larson, second by Folkert, that the following resolutions be adopted and all voting in favor, President DeVries declared the said resolutions duly passed and adopted: Record of Official Proceedings of the Common Council of the City of Rochester, Minn., February 16, 1970 501 1 C� F� 1 is Resolution authorizing City Clerk to advertise for sealed proposals for a self propelled paint striping machine for City Engineer's Department. Resolution authorizing City Clerk to advertise for sealed proposals for furnis one 1250 G.P.M. Pumper Truck for Fire Department. Resolution authorizing Mayor and City Clerk to execute release and indemnifying agreement between City, Pacific Pumps -Division Dresser Industries, Inc. and Insurance Company of North America -re contract for Boiler Feed Pumps. Resolution authorizing Public Utility Board to enter into a purchase -order contrac with Crescent Electric Supply Co. for aluminum conductor. Resolution authorizing Public Utility Board to enter into a purchase order cont with Chas. Olson & Sons for utility body and baskets. Resolution authorizing Public Utility Board to enter into a purchase order contra with Clements Chevrolet Company for one cab and chassis. Resolution authorizing Public Utility Board to enter into a purchase order contra with K & K Electric Supply for transformers. Resolution authorizing.Public Utility Board to enter into a purchase order cont with The Judd Company for transformers. Resolution authorizing Public Utility Board to enter into a purchase order con with Clements Chevrolet Company for dump box truck and pickup trucks. Resolution authorizing Public Utility Board to enter into a purchase order con with RTE Corporation for transformer. Resolution receiving preliminary report; and ordering a public hearing for widening, repaving,-sidewal, sewers, watermain and service connections in-2nd Street S. W. from T. H. 14252 to 23rd Avenue S. W. Resolution declaring cost to be assessed and ordering preparation of proposed assessment for -sidewalk -project #13-W-1969. Resolution ordering a hearing on proposed assessment for sidewalk project 13-W-1 Resolution declaring cost to be assessed and ordering preparation of proposed - assessment for sidewalk project #18-W-1969. Resolution ordering a hearing on proposed assessment for sidewalk project 18-W-1969. Resolution declaring cost to be assessed and ordering preparation of proposed assessment for sidewalk project # 20-W-1969. Resolution ordering a hearing on proposed assessment for sidewalk -.project 20-W-1969. Resolution declaring cost to -be assessed and ordering preparation of proposed - assessment for sidewalk project # 20-WA-1969. Resolution ordering a hearing on proposed assessment for sidewalk project 20-WA=1969. Resolution declaring cost to be assessed and ordering preparation of proposed assessment for sidewalk project #22-W-1969. Resolution ordering a hearing on proposed assessment for sidewalk project 22-W-1969. 50' Record of Official Proceedings of the Common Council of the City of Rochester, Minn., February 16, 1970 Resolution declaring cost to be assessed and ordering.preparation of proposed ssment for sidewalk replacement - Folwell-Edison:School Area Part II. Resolution ordering hearing.on proposed assessment for sidewalk.replacement - olwell Edison School Area Part II. Resolution declaring cost to be assessed and ordering.preparation of proposed ssment for sidewalk on north side of 22nd Street N. W. from 18k to 21st Avenue N. W. Resolution ordering hearing on proposed assessment for sidewalk on north side of nd Street N. W.,from 18k to 21st Avenue N. W.. Resolution declaring cost to be assessed and ordering preparation of proposed ssment for sidewalk replacement project #101-1969. Resolution ordering hearing on proposed assessment for sidewalk replacement ject #101-1969. Resolution declaring cost,to be assessed and ordering preparation of proposed ssment for sidewalk replacement project #102-1969. Resolution ordering hearing on proposed assessment for sidewalk replacement ject #102:1969. Resolution declaring cost to be assessed and ordering preparation of proposed sessment for sidewalk replacement project #103-1969. Resolution ordering hearing on proposed assessment for sidewalk replacement ject #10.3-1969. Resolution declaring cost to be assessed and,ordering preparation of proposed ssessment for sidewalk replacement project #104-1969. Resolution ordering hearing on proposed assessment for sidewalk replacement >ject #104-1969. , Alderman Ludowese said he had a letter from the State Department of Highways tating that they did not plan to install a traffic control! device at the intersection Ap f T..H. 14 and 7th Street N. W. because they did not feel it was needed; one person has een killed here and just last week another woman suffered severe injuries and he felt thing should be done; a motion was made by Iudowese, second by Cherland, that this referred to the Public Safety Committee and they meet with the Highway Engineers; all ted in favor. Mr. Gerald Ring, Attorney, was present,representing a group of property owners to ie south of Rochester who are interested in solving the sewage problem in that area; he aid the original petition included about 1,000 acres which is in need of city services ut he proposed now that the area be cut back to about 230 acres to be annexed presently services be provided, he also suggested that possibly the balance of the city even though t annexed could be served under terms of a contractual arrangement. This matter is presently, the Public Works Committee and Alderman Larson,said this -would again be taken up at their meeting. • 1 1 • A resolution amending the resolution establishing parking, truck loading, passenger U Record of Official Proceedings of the Common Council of the City of Rochester, Minn., February 16, 1970 1 • 1 1 r: loading, parking meter regulations and provisions, primary and one-way streets and alleys, pursuant to Ordinance No. 871 (providing 30 second parking, etc. around the Mayo Clinic) was read. Upon motion by Postier, second by Ludowese, and all voting in favor, the resolution was adopted. A resolution amending the resolution establishing parking, truck loading, passenger loading, parking meter regulations and provisions, primary and one-way streets and alleys, pursuant to Ordinance No. 871 as follows, was read and upon motion by Folkert, second by Strain, and all voting in favor, the resolution was adopted: (1) Section B, No Parking Zones, Paragraph (197), is hereby amended to read in its entirety as follows: (197) 13th A enue Southeast on the east side of the street from Fourth Street Southeast to a point 450 feet, more or less, south of Fourth Street Southeast between the hours of 8:00 a.m. and 12:00 noon on Sundays only. (2) Section C, Special Parking Zones, is hereby amended by adding thereto Paragraph (9.5) to read in its entirety as follows: (9.5) Third Avenue Southwest on the east side of the street between Second Street and Third Street Southwest from the alley to a point 50 feet north of the alley, one minute parking for library patrons only. (3) Section E, Passenger Loading Zones, Paragraphs (63) and (78) are rescinded in their entirety. A resolution vacating utility easements in Block 4, Valhalla Fourth Subdivision was read and upon motion by Folkert, second by Strain, and all voting in favor, the resolution was adopted. A resolution accepting an easement given by Doris K. Toogood on the East 40 feet of the North 660 feet of the Southwest Quarter of the Northwest Quarter in Section 11-106- was read and upon motion by Larson, second by Strain, and all, voting in favor, the resolut was adopted. A resolution levying special assessments for construction of a curb and gutter on the east side of 19th Avenue N. W. from 38th Street N. W. to the north line of Lot #1 of Resubdivision # 2 of west part of Block 1, of Silver Acres Subdivision. Upon motion by Larson, second by Postier, and all voting in favor, resolution adopted. An Ordinance changing the name of the Committee on Beautification of the City of Rochester and amending Ordinance No. 1464 was given its first reading. Upon motion by Larson, second by Folkert, and upon roll call and all voting in favor, the rules were suspended and the ordinance was given its second reading. Upon motion.by Larson, second by Strain, and upon roll call and all voting in favor, the rules were suspended and the ordinan was given its third and final reading. A motion was then made by Strain, second by Folkert, that, -;.the said ordinance be adopted as read, and all voting in favor, President DeVries declared the said ordinance duly passed and adopted. A resolution fixing form and details and providing for the security and payment of $335,000 Parking Revenue Bonds was read. Upon motion by Larson, second by Postier, and all voting in favor, the resolution was.adopted. The City Attorney read a re86lution that the following proposed amendment be placed • Record of Official Proceedings of the Common Council of the City of Rochester, Minn., February 16, 1970 on the ballot - Section 164. The Common Council is authorized to levy such excise taxes as a city is permitted to levy under the constitution and laws of the State of Minnesota and including, but not by way of limitation, excise taxes on the sale, storage, use and consumption of personal property, and on admissions, amusements, utility services, and lodgings within the City. Taxes imposed under authority of this section shall not exceed a rate of one per cent except that a higher rate may be imposed on taxable values of less than one dollar and in all cases such taxes shall be assessed and collected by the State of Minnesota for distribution to the City. The effective date of this amendment shall be the date of its adoption. The resolution further provided that the amendment be submitted to the qualifiedvoters of the City at the general "Charter Election" to be held on Tuesday, March 10, 1970 between the hours of 7:00 A. M. and 7:OO P. M. A motion was made,by Strain, second by Folkert, that the resolution be adopted as read and all voting in favor, except Alderman Ludowese who "abstained", President DeVries declared the said resolution duly passed and adopted. Alderman Postier stated that he did believe that the people should have a chance to vote on this so he would let them vote omit, but he was in no way, shape or form'supporting it. Upon motion by Larson, second by Ludowese, and all voting in favor, the meeting was adjourned. City Clerk 1 • I 1 • I'' 0