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HomeMy WebLinkAbout01-06-1971Record of Official Proceedings of the. Common Council of the. City of Rochester, Minn., January 6th , 1971 President Postier appointed James Novak to the Finance Committee and Personnel Advisory Committee, replacing C. Bruce.Cherland, and appointed James.McNary as Chairman of the Personnel Advisory Committee replacing Alder-roan.-.Cherland. Upon motion by Strain, second by Novak, and all voting in favor, Paul Ludowese was appointed to the Public Utility Board, replacing Bruce Cherland. The Mayor's appointment of John A. Scheid, 2502 14th Ave. N.W., as a member of the Heating, Ventilating & Air Conditioning Board of Review for a 3-year term, to expire November 1, 1973, was submitted. Upon motion by Larson, second by Ludowese,: and all voting in favor, the appointment was approved. The Mayor's appointment of Kenneth Rohde, 1418 9th Ave:. N.W., as a member of the Planning and Zoning Commission for a 3-year term, to expire December 31,: 1973, was sub- mitted. Upon motion by Larson, second by Ludowese, and all voting in favor, the appointment was approved. The Mayor's appointment of Donald R. Saunders, 2326 16th Ave. N.W., as a mem- ber of the Planning and Zoning Commission for a 3-year term, to expire December 31, 1973, was submitted. Upon motion by Strain, second by Larson, and all voting in favor, the appointment was approved. The Mayor's appointment of Mrs. J. T. (Marion) Martin, 719 7th Ave. S.W., as a member of the Music Board for a 3-year term, to expire January 1, 1974, was submitted. Upon motion by Ludowese, second by Strain, and all voting in favor, the appointment was approved. The Mayor's appointment of John F. Brerigman, 1044 19th Ave. N.E., asa member of the Planning & Zoning Commission for a 3-year term, to expire December 31, 1973, was submitted. Upon motion by Larson, second by Ludowese, the appointment was approved. Recommendation of the Public Safety Committee that the application be denied for issuance of a pawn broker's license.to Mrs. Nina M. Niggel. Upon motion by Larson, secoi} by Ludowese, and all voting in favor, the recommendation was approved and the City, Clerk was instructed to arrange for a refund of the fee and the return of their bond sub mitted with the application.. Recommendation of the Public Safety Committee that actuated Traffic Signals be installed on Elton Hills Drive at Herbert Hoover.School as requested. Robert Corey, Principal at Herbert Hoover School, asked that the human element as well as the engineer's recommendation be considered. Mr. Dolan, Traffic Engineer, recommended that this request be denied in that a School Crossing Guard is on duty at this spot. He recommended that the Council should adopt some criteria relative to installation of such traffic signals. The actual location of such signal has not -been decided upon at this date. Mayor Day said that he feels that the added expense at this particular location is warranted because it is a unique situation and so as to provide safety of the children crossing a heavily 1 0 1 1 1] Record of Official Proceedings of the Common Council of the City of Rochester, Minn., January 6, 1971 3� 1 1 1 travelled and wide street. Upon motion by Larson, second by Novak, and all voting in favor, the Public Safety Committee recommendation was approved, and'the Traffic Engineer instructed to prepare a contract for a push-button type traffic signal. Recommendation of the City Administrator that the Extinguishment of access of That part of the southerly 30 feet of the Southeast Quarter of the Southeast Quarter (SE'k-SEk) of Section 16, Township 107 North, Range 14 West, lying westerly of T.H. 52 as now located and travelled be granted to the State of Minnesota to alleviate a_potentially dangerous access due to its proximity to the 37th St. ramp. Upon motion by Larson, second by Ludowese, and all voting in favor, the recommendation was approved, and the City Attorney was instructed to prepare the necessary resolution authorizing and directing the Mayor and City Clerk to execute the consent of easement.'agreement. Recommendation of the City Administrator that old unusable fire trucks be placed with local non-profit organizations in return for the vehicles'. upkeep, with the City retaining ownership of the vehicles. Upon motion by Larson, second by Novak, and all voting in favor, the recommendation was approved, and the City Administrator designated to administer this policy. License applications of Minot Plumbing and Heating Co. of Minot, N. Dak., for a Hot Water Heating Contractor's license; Arlo James Bergo and Gordon Hystad for Master Installer's license; and Arlo Bergo for Master Plumbe,'s license were each read, and upon motion by Ludowese, second by Novak, and all voting in favor, the licenses were granted. Three applications for transfer of ambulance licenses and one new ambulance license for Diamond Ambulance Service, Inc., and one application for a transfer of ambulance license for Gold Cross Ambulance Service, Inc., were read, and upon motion by Larson, second by Novak, and all voting in favor, licenses granted. The license bonds of Minot Plumbing & Heating Company, of Minot, N.D., for a Heating Contractor's license in the amount of $5,000 and Arlo James Bergo of Minot, N.Dak., for a Master Plumber's license in the amount of $1,000 with United States Fidelity and Guaranty Company as surety, were read. Upon motion by Ludowese, second by Novak, and all voting in favor, the bonds were approved, the surety thereon accepted, and the bonds were ordered placed on file. Recommendation of the Public Works Committee that Robert Springer's request for the omission of sidewalk on the south side of Lot 13, Block 2, Indian Heights 2nd Sub- division, be denidd. Upon motion by Larson, second by Ludowese, and all voting in favor, the recommendation for denial was approved. The City Engineer's report of asessment data on Job 6107-Part 6-67, Sanitary Sewer and Watermain Extension on the West Side of T.H. 63 from 16th St. S.W. to vacated 17th St. S.W. Upon motion by Larson, second by Ludowese, the report was accepted and the City Clerk instructed to prepare the necessary resolutions declaring the costs to. be 0 4 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., January 6, 1971 • assessed and ordering a hearing on the improvement. Recommendation of the Public Safety Committee and Traffic Engineering that the !!Passenger Loading Zone" at 604 Sth,St. S.W. be removed and parking be restored. Upon motion by Ludowese, second by Larson, and all voting in favor, the recommendation was approved and the City Attorney was instructed to prepare the necessary resolution. Recommendation of the Traffic Engineer that two 12-minute metered parking zones be established on the east side of 2nd Ave. S.W., 40 feet more or less in front of the premises known as Northwestern Bell Telephone Co., that two 12-minute metered parking zones be established on the north side of 4th St. S.W. 40 feet more or less in front of .the premises known as Northwestern Bell Telephone Co., and deletion of Passenger Loading Zones in these areas. Upon motion by Ludowese, second by Novak, and all voting in favor, the recommendation was approved and the City Attorney instructed to prepare the necessary resolution. Recommendation of the Traffic Engineer that parking be removed on the east side of llth Ave. S.W. between 2nd St. and West Center St. at all times. Upon motion by Ludowese, second by Larson, and all voting in favor, the recommendation was approved and the City Attorney instructed to prepare the necessary resolution. Request of the Finance Department that the City advertise for bids for fur- nishing three (3) chlorinators for the Sewage Treatment Works. Upon motion by Larson, second by Novak, and all voting in favor, the request was granted and the City Attorney instructed to prepare the necessary resolution authorizing the City Clerk to advertise for bids for chlorinators. Recommendation of the Finance Department designating the four banks in the City as depositories for 1971, that facsimile signatures be authorized against the general account at the Northwestern. National Bank and payroll at the First National Bank and approval of new or substituted securities pledged as collateral against the City in lieu of a depository bond by Northwestern National Bank. Upon motion by Ludowese, second by Novak, and all voting in favor, the recommendation was approved and the City Attorney instructed to prepare the neces- sary resolutions. Recommendation of the Personnel Advisory Committee that requests for carry- over of accumulated time be granted for certain individuals, but that the extension of time be limited to June 1, 1971. Upon motion by Larson, second by Ludowese, and all voting in favor, the recommendation was approved. Recommendation of the Personnel Advisory Committee that the Municipal Court be allowed to employ a full-time deputy clerk in place of the part-time one they have had. Upon motion by Larson, second by Ludowese, and all voting in favor, the recommendation was approved. Recommendation of the Personnel Advisory Committee that Capt. Charles Heroff be given a two-step merit increase from 16D to 16F effective January 1, 1971. Upon motion by Larson, second by Ludowese, and all voting in favor, the recommendation was approved. Record of Official Proceedings of the Common Council of the City of Rochester, Minn., January 6, 1971 M 1 • 1 • 1 Recommendation of the Personnel Advisory Committee that the Council adopt the revised personnel policy effective January 1, 1971. Upon motion by Larson, second by Ludowese, and all voting in favor, the recommendation.was approved, and the City Attorney was instructed to prepare the necessary resolution. Recommendation of the Personnel Advisory Committee that the position of Pro- grammer-Computer Operator be reclassified from pay grade 6 to 19 effective January 1, 1971. Upon motion by Larson, second by Ludowese, and all voting in favor, the recommendation was approved. Recommendation of the Personnel Advisory Committee for approval of salaries and wages for City employees for 1971. Upon motion by Larson, second by Ludowese, and all voting in favor, the City Attorney was instructed to prepare the necessary resolution. Resolution approving a resolution adopted by the Public Utility Board on December 22, 1970, setting salaries for various positions, with the Utility Department. Upon motion by Ludowese, second by Larson, and all voting in favor, resolution adopted. Resolution authorizing the City Engineer to request and obtain from the Minnesota Dept. of Highways needed engineering and technical services during the year 1971, for which payment will be made based upon claims. Upon motion by Larson, second by Ludowese, and all voting in favor, resolution adopted. Resolution authorizing the City Clerk to pay Dawn Horton $45.00 per week from November 15, 1970, to June 28, 1971, for support of Randall Haley, son of Floyd Haley, a police officer who died while on duty. Upon motion by Larson, second by Ludowese, and all voting in favor, resolution adopted. Resolution vacating that portion of 5th St. S.E. described as follows" "5th St. S.E. from the West line of 1st Ave. S.E. West a distance of 100 feet". Upon motion by Ludowese, second by Larson, and all voting in favor, resolution tabled. Resolution authorizing the Public Utility Board to enter into a non -cancellable license agreement for right-of-way (Cascade Creek Sub -Station) in the amount of $22,125.00, and directing the Mayor and City Clerk to execute the license agreement. Upon motion by Ludowese, second by Larson, and all voting in favor, resolution tabled. Resolution declaring cost to be assessed and ordering preparation of proposed assessment for Sanitary Sewer and Watermain Extension on the West Side of T.H. 63 from 16th St. S.W. to Vacated 17th St. S.W. Upon motion by Ludowese, second by Novak, and all voting in favor, resolution adopted. Resolution ordering a hearing on the proposed assessment for Sanitary Sewer and Watermain Extension on the West Side of T.H. 63 from 16th St. S.W. to Vacated 17th St. S.W. Upon motion by Ludowese, second by Novak, and all voting in favor, resolution adopted. Resolution setting salaries for 1971 for City employees. Upon motion by Ludowese' second by Novak, and all voting in favor, resolution adopted. U F�_ Record of Official Proceedings of the Common Council • of the City of Rochester, Minn., January 6, 1971- Resolution authorizing the City Clerk to advertise for bids for furnishing three (3) chlorinators for the Sewage Treatment Works. Upon motion by Ludowese, second by Novak, and all voting in favor, resolution adopted. Resolution designating the four banks in the City as depositories for 1971. Upon motion by Ludowese, second by Novak, and all voting in favor, resolution adopted. Resolution authorizing banks to honor facsimile signatures to be used against general account at the Northwestern National Bank and payroll at the First National Bank. Upon motion by Ludowese, second by Novak, and all voting in favor, resolution adopted. Resolution authorizing acceptance of substituted securities pledged as collateral against the City in lieu of a depository bond by Northwestern National Bank. Upon motion by Ludowese, second by Novak, and all voting in favor, resolution adopted. Upon motion by Larson, second by Novak, and all voting in favor, the meeting was adjourned until 7:30 o'clock P.M. President Postier called the meeting to order again at 7:30 o'clock P.M. with the following members being present: President Postier, Aldermen Larson, Ludowese, McNary, Novak, Strain. Absent: Alderman Willmarth. Hearing on proposed assessment for Water -and Sewer to Serve Easterly 300 feet of Lot 35, Auditor's Plat "A". Carlton Penz, owner of a major part of the property affected, was present. He indicated that he had not requested this improvement and felt the charges and improvement not warranted in that he had provided these same services to this same area on 15th Avenue. This improvement runs along the -westerly boundary of his property, east along T.H. #14 and then south. Mr. Armstrong, City Engineer, said the area serviced by these improvements is comparable to two city blocks, that this area would all benefit from thd.-.Amprovements, and that any large area like this normally would be assessed for its long side. There was no one else present wishing to be heard. President Postier declared the hearing officially closed. A motion was made by Larson, second by Strain, and all present voted in favor, to proceed with the assessment. Hearing on proposed assessment for Extension of Sanitary Sewer and Water Main to I.O.I. site N' Section 28, Cascade Township (Part II Sanitary Sewer). There was no one present wishing to be heard. President Postier declared the hearing officially closed. A motion was made by•L4rson, second by Ludowese, and all present voted in favor, to proceed with the assessment. Hearing on petition to vacate the North -South Alley in Blocks 103 and 104 lying south of aline running from the Northeast corner of Lot 16, Block 103, to the North- west Corner of Lot 1, Block 103, Willson's Addition, petitioners being Adamson Motors, Inc., Co-operative Oil Co., W. A. Scharf, Benedict M. Dresbach, Ernrold Thiem, and Olmsted Agency, Inc. Mr. D.A. Hoops, attorney for Adamson Motors, showed the Council members the type of facility to be erected, indicating that entry will be from both sides. Mr. Armstrong, City 1 11 1 • 1 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., January 6, 1971 1 • 1 L 0 Engineer, read the descriptions for easements to be dedicated to the City in consideration for vacating the above described alley: 1. The full width of the alley being vacated be retained as an unobstructed easement for public utilities. 2. Easements for use of the public for a turn around at the south end of the remaining alley on - "The west 25 feet of the south 25 feet of Lot 2 and the east 25 feet of the south 25 feet of Lot 15 all in Block 103, Willson's Addition." 3. An unobstructed easement for maintenance, repair, and reconstruction of a watermain (existing) in -"the south 10 feet of Lot 1, Block 103, Willson's Addition." 4. An unobstructed easement for the maintenance, repair, and re- construction of a sanitary sewer main (existing) in -"the south 6 feet of lots 6 and 9 and the north 4 feet of Lots 5 and 10, Block 104, Willson's Addition. 5. A suitable private traffic circulation plan be worked out'for the Thiem property in coopration with the adjoining property. A letter from Greenway Cooperative Service Company was read indicating they were in favor of the petition to vacate the alley and approving of the easement for an approved turn around. Mr. Hoops agreed with all points. There was no one else present wishing to be heard. President Postier declared the hearing officially closed. Upon motion by Strain, second by McNary, and all present voting in favor, the City Attorney was instructed to prepare the necessary resolu- tion vacating said alley, subject. to the filing .of signed dedications. Hearing on petition to vacate 16k St. N.W. from 3rd Avenue N.W. and including the Cul-de-sac on the west end. Ron Seeger, attorney representing Crenlo, was present. He indicated that their only concern was the disconnection of water outlets. There are 14 lots affected by this and they desired that this would not have to be done on all fourteen and at this particular time. In that this is private property and they are the only one affected by this, they may,Tleave a couple. The disconnection was recommended by the Water Department. Mr. Armstrong, City Engineer, said it was a matter of only digging a hole and turning off the valve, notify the Water Department when this is being done. Crenlo wished to do it with their own labor. There was no one else present wishing to be heard. President Postier declared the hearing officially closed. Upon motion by Ludowese, second by Novak, and all voting in favor, the petition was granted, subject to completion by.September 1st, and subject to the following conditions: 1. A replat be made to wipe out all existing lot lines and street lines except for Lot 7. This should include the entire Crenlo holdings, including the existing plant site. 2. Retain a 15' utility easement for maintenance of the existing sanitary sewer and watermain and for extension to the west. 3. Disconnect the water service connections that are not needed. 4. All parking on the boulevards along the west side of 3rd Ave. N.W. be prohibited and proper} off-street parking facilities be provided elsewhere on the site. 5. A screening be provided along the west side of 3rd Ave. N.W. except for vehicular accesses. and the City Attorney was instructed to prepare the necessary resolution. Hearing on an application to vary the height requirement of a sign to be placed on Boutell's furniture store property located at 1220 South Broadway. Mr. Ed. Hammond, manager of the Rochester store, and Mr. Kline, Minneapolis, representing the sign company who has maintained the sign at its former location in Minneapolis, were present. The sign became 4 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., January 6. 1971 �J available when the downtown Boutell's building in Minneapolis was demolished and the firm left the premises. Mr. Hammond indicated that the sign that is presently in use has been the object of vandalism on two different occasions. It is near the ground, easily vandal- ized, and less conspicuous than the one they hoped to erect. They would not be able to comply with the 7-foot ground clearance and still be in the 40-ft. height limitation, although they could conceivably take one foot off the top and one foot off the bottom. Alderman Ludowese noted that the Committee on Urban Environment had requested that this variance be denied. The Planning Commission also recommended that this variance be denied. There was no one else present wishing to be hear. President Postier declared the hearing officially closed. Upon motion by Ludowese, second by McNary, and all voting in favor except Strain who voted "nay", the variance was denied. 1 Hearing on application of Mohn Home Builders, Inc. to vary the minimum lot area as provided in Paragraph 24.04 of Ordinance No. 1296, on property located at 607 1st Street Southwest. Francis Duell on behalf of the Zick Apartments, whose property adjoins the property in question, said that he had been° interested in the property sometime ago and had respected the ordinance relative to the fact that only a one -family dwelling could be erected on this property because of the lot size and that Mr. Mohn had known about the restrictions upon purchase of this property. He asked that the application be denied. Stanley Mohn, 1607 Wilshire Drive, owner of the property, was present and said that there are apartment houses with more apartments in each of them on either side of the premises and he could not understand their objections. They proposed erecting a 5-plex on the property, with a 15-foot setback, 6-foot clearance on one side and 17-foot clearance on the side of the Zick Apartments, with off-street parking in the^rear of the lot. The area is zoned R-4 which permits multi -family use. Mayor Day indicated that there is a need for, small rental units. There was no one else present wishing to be heard. President Postier declared the hearing officially'closed. A motion was made by Ludowese, second by McNary, and all present voting in favor, that the application be referred back to the Planning and Zoning Commission. Recommendation of the Finance Committee for approval of semi-monthly bills, list attached, in the amount of $241,965.26. Upon motion of .Strain, second by Novak, and all voting in favor, recommendation accepted and list approved. Resolution adopting assessment for Water and Sewer to Serve the Easterly 300 feet of Lot 35, Auditor's Plat A (Job 6701). Upon motion by Ludowese, second by Novak, and all voting in favor, resolution adopted.' Resolution adopting assessment for extension of sanitary sewer and water main to I.O.I. site N2 Section 28, Cascade Township (Part II Sanitary Sewer). Upon motion by Strain, second by Larson, and all voting in favor, resolution adopted. Resolution amending Ordinance #871, paragraph 3.5, Section 1, Parking Meters, Zone A; paragraph 15.5, Section 1, Parking Meters, Zone D; paragraph 11.6 and 11.7, Section 1 • 1, Parking Meters, Zone F as follows: [J Record of Official Proceedings of the Common Council of the City of Rochester, Minn., •January 6, V )71 9 Sec. 1, Parking Meters, Zone A: "(3.5) North Broadway on the west side of the street 50 feet more or less south of Third Street Northwest in front of premises known as 223 North Broadway." Sec. 1, Parking Meters, Zone D: "(15.5) Fourth Avenue Southwest on the east side of the street between First Street Southwest and Second Street Southwest." Sec. 1, Parking Meters, Zone F: "(11.6) Fourth Avenue Southwest on east side of the street from West Center Street to a point 75 feet more or Tess to the south." "(11.7) Fourth Avenue Southwest on both sides of the street • between Second Street Southwest and Third Street Southwest." Upon motion by.Ludowese, second by Novak, and all voting in favor, resolution adopted. Resolution adopting revised personnel policy effective January 1, 1971. Upom motion by Larson, second by Ludowese, and all voting in favor, resolution adopted. An ordinance relating to intoxicating liquors and amending Rochester Code of, Ordinances Section 160.010, 160.060, 160.080, 160.120, 160.140, and 160.160 (amending the definitions of "exclusive liquor store", "hotel", and "restaurant") was given its first reading. The following letter from the Charter Commission relative to the hotel -motel tax proposed by the Common Council was read: "Honorable Mayor and Common Council of the City of Rochester Rochester, Minnesota Gentlemen: You referred to the Charter Commission of the City of Rochester, the attached Ordinance No. 1578 for approval or rejection pursuant to Minnesota Statutes, 1969, Section 410.27. You are advised that at its duly called meeting held at 12:15 P.M. January 6, 1971, the Charter Commission of the City of Rochester took the following action: On a motion to approve the Ordinance, the vote was five in favor and five against. The Chairman declared that the motion had failed of passage on a tie vote and the amendment was therefore rejected and that the action would be reported to the Common Council pursuant to the law. Respectfully submitted this 6th day of January, 1971. s/ Ronald L. Seeger • Charter Commission City of Rochester" A motion was then made by Strain, second by Ludowese, and all voting in favor, that the City Attorney be directed to prepare a resolution placing the following amendment on the ballot of the Charter Election March 9th, 1971: "Section 164. In addition to excise taxes imposed by the State of Minnesota and any other taxes, the Common Council is authorized to levy an excise tax of not to exceed three per cent on the consideration paid for the furnishing of lodging by hotels, rooming houses, tourist courts, motels or trailer camps and for the granting of any similar license to use real property for lodging purposes other than the renting or leasing thereof for a continuous period of 30 days or more." Record of Official Proceedings of the Common Council of the. City of Rochester, Minn., January, 1971 E Mr. Tom Moore, City Planning Director, requested Council permission to use the North Hall of the Mayo Civic Auditorium on January 27th at 7:30 P.M. for a hearing on zoning districting change, by the City Planning and Zoning Commission, said hearing pro- posed to draw a large crowd. Upon motion by Strain, second by McNary, and all voting in favor, permission granted. Upon motion by Novak, second by Strain, and all present voting in favor, the meeting was adjourned,until January 18, 1971, at 7:30 o'clock P.M. Doris A. Schubert Deputy City Clerk Information: 1. Minutes of Standing Committees - 12-28-70 2. A summons has been served upon the City and Northwestern Bank of Rochester as the result of a claim of injury to Muriel B. Bayrd who slipped and fell upon the sidewalk December 15, 1969. Mrs. Bayrd and her husband are asking a total of $50,000 damages. 3. Referred to Planning and Zoning: a. Request to modify off-street parking provisions at 621 1st St. S.W. (G.R. Theobald) b. Application for Rural Service Classification, Parcels #31204 and 31203 in Cascade Township (G.R. Grieve) c. Petition for Zoning District Change (Summit Square, Inc.) 1 • 1 1 • 1 C.