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HomeMy WebLinkAbout02-01-1971• 1 0 1 Record of Official Proceedings of the Common Council , of the City of Rochester, Minn., February 1, 1971 Minutes of a 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 February 1, 1971. President Postier called the meeting to order at 2:00 o'clock P. M., the following members being present: President Postier,.Aldermen Larson, Ludowese, McNary, Novak, Strain, Willmarth. Absent: None. Upon motion by Ludowese, second by Novak, and all voting in favor, the minute of the meeting of January 18, 1971 were approved. Pursuant to certification by the Rochester Police Civil Service Commission, appointment by Mayor Day of the following to the position of patrolmen on the Rochester Police Department, effective February 16, 1971: Donald L. Narveson of 104 16th Avenue S. W., Rodney E. Brouwers of 2504 18th Avenue S. E. and John P. Jones of 603 llth Avenue S. E. Upon motion by Strain, second.by Ludowese, and all voting in favor, the appointments were approved Letter from Fire Civil Service Commission submitting the thrge.names stand highest on the eligibility roster for the position of Alarm Superintendent of (1) Roger D. Remington (2) Leslie P. Richardt and (3) William Haas; and the three names standing highest on the eligibility roster for the position of Firefighter of (1) Ronald Koperski (2) John Mitchell and (3) Robert Franks, Jr. Upon motion by Ludowese, second by Strain, and all voting in favor, Roger D. Remington was appointed as Alarm Superintendent, effective February 16, 1971. Upon motion by Strain, second by Novak, and all voting in favor, Ronald Koperski was appointed as firefighter, effective February 16, 1971. Upon motion by Larson, second by Novak, and all voting in favor, the contract bond of Mobil Oil Corporation and Weis Builders, Inc. in the amount of $12,566.00 with Wisconsin Surety Corporation, Madison Wisconsin, was approved and the surety thereon accepted The applications of International Foods, Inc., a Minnesota Corporation,(to operate the business formerly known as the Depot House) for an "On Sale" license to engage in the business of selling intoxicating liquors and license to sell cigarettes and license to sell liquor on Sunday and license for a dance permit were presented. James J. Macken, Jr. Chief of Police, stated that he was having an investigation of this corporation and had received a verbal report that was favorable, a written report would follow in a short time. Upon motion by Larson, second by Novak, and all voting in favor, the transfer of the liquor license from Depot House to International Foods, Inc. was approved subject to receiving the' written report that is favorable and filing of the license bond. Upon motion by Strain, second by Novak, and all voting in favor, the applications for cigarettes, Sunday Liquor and dance were approved. Recommendation of City Engineer that the Council initiate a local improvement project for "watermain, together with the necessary easements, on the west side 6f T. H.'63 across Lots 7,8,9 and 10 in Block 3, Golden Hill Addition". Upon motion by Ludowese, second by McNary, and all voting in favor, the recommendation was accepted and a resolution was adopted referring the proposed improvement to the City Engineer and Publid Works Committee for feasibility report and recommendation. i` 0 P_ 20 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., February 1, 1971 Recommendation that the Council initiate without petition local improvement assessment projects for (1) street improvements on First Street S. W. & S.-E. from 3rd Avenue S. W. to 2nd Avenue S: E. (2) street improvements on Broadway from 4th Street South to 2nd Street North (3) Street improvements.on 3rd Avenue S. E. from 12th Street to 16th Street S. E. Upon motion by Ludowese, second by Willmarth, and all voting in favor, the recommendation was accepted and three resolutions were adopted (one on each project) referring the proposed improvements to the City Engineer and Public Works Committee for feasibility report and recommendation. The following feasibility report was read together with the recommendation of the Public Works Committee that they had considered the report and recommend that a hearing be held on March 1, 1971 on the project: -Feasibilitv-Revort A resolution proposing "Improvements on 7th Street N.W. from llth Avenue N.W. to Valleyhigh Drive N.W. and on Valleyhigh Drive N.W. from 7th Street N.W. to 14th Street N.W." was referred to this office on January 18, 1971 for Engineers Preliminary Report. I report that the improvement is feasible and recommend its construction. The proposed improvements consist of the following work: Regrading and paving 7th Street for the entire length,.and completing the grading and surfacing on the east half of Valleyhigh Drive. Construct concrete curb and gutter and sidewalk on 7th Street. Install a section of sanitary sewer relief line in 7th Street from llth Avenue to 13th Avenue. Complete the watermain system in 7th Street. Construct storm sewer in 7th Street and Valleyhigh Drive. Install sewer and water service connections from mains to property line to all abutting properties prior to street paving. Some additional right-of-way msut be acquired on the north side of 7th Street west of the high school property. .Annexation of.the several tracts of land abutting 7th Street not presently within the City limits should be completed as early as possible. The estimated cost ofthe project is - Curb, gutter & sidewalk $ 255,948 Sanitary Sewer 9,416 Watermain 26,919 Storm Sewer 47,165 Service Connections 7,852 Engineering (12%) 41,676 R.O.W. Interest & Contingencies (10%) 34,730 Total Estimated Cost- 423,706 The costs of this project will be borne by Capital Improvement Funds, 1957 -Street Improvement Bond Issues, State Aid Street -Funds, and Special Assessments. Special assessments to the abutting properties will be levied in accordance with the benefits and the Citys special assessment policies. /s C. A. Armstrong, City Engineer Upon motion by Ludowese, second by Willmarth, and all voting in favor, a resolution was adopted receiving preliminary report, ordering a public hearing and directing preparation of plans and specifications in respect to the said improvement. Tabulation of bids for chlorinator for the Sewage Treatment Works. Bids of Wallace & Tiernan (Pennwalt Corp.) in the amount of $7,054.00 and Feed -Rite Controls in the amount of $7,350.00. Recommendation of Purchasing Department was to accept the bid of Feed -Rite Controls, Inc. C. A. Armstrong, City Engineer, stated that the other low bid did not meet the advertised specifications. Upon motion by Ludowese, second by Willmarth, and all voting in favor, the bid of Feed -Rite -Controls, Inc. was approved and the City Attorney was instructed to prepare the necessary contract. 1 • Ll 1 • 1 Recommendation of Finance Department that bids be advertised for furnishing five 0 Record of Official Proceedings of the Common 'Council of the City of Rochester, Minn., February 1. 1971 21 • r� • patrol cars in the Police Department. Upon motion by Larson, second by Willmarth, and all voting in favor, a resolution was adopted authorizing and directing the City Clerk to advertise for bids. Recommendation of Personnel Advisory Committee that a resolution be adopted granting 11 holidays to Police and shift operators at the Sewage Treatment Plant. (In the past decade or two there have been 11 legal holidays in Minnesota, policemen and shift workers at the Sewage Treatment Plant have been given 11 holidays per year in accordance with.the City Personnel Policy, other city employees have averaged 9 holidays per year because of some falling on weekends. This year the number of holidays has been reduced to nine, employees other than police, shift workers at Sewage Treatment Plant and firemen who,have their own holiday schedule,.will still get nine, this would mean that policeman and shift operators at the Sewage Treatment Plant would lose 2 days 'off "time, consequent] the resolution to.give them 11 holidays. Upon motion by Novak, second by McNary, and all voting in favor., the recommendationwas accepted and the City Attorney was instructed to prepare the necessary resolution. A motion was made by Novak, second by McNary, and passed unanimously, that the semi-monthly bills, list attached, in the amount of $89,633.12.be approved. The recommendation of the Planning & .Zoning Commission that the Council proceed with the annexation of lands located on the south side of 7th Street N.W. and along U.S. 52 North of 7th Street N. W. (Hall property, Peoples Natural Gas Company, Big Four Oil, Home Gas and others) these lands are 60% or more surrounded by the City of Rochester. Upon motion by Willmarth, second by Novak, and all voting in favor, the ,recommendation was accepted and the City Attorney was instructed to prepare a resolution stating that the City intends to annex this area, said resolution would then b e served on the Cascade Town Board and Minnesota Municipal Commission. Resolution that the advance payment in -lieu -of -taxes in the amount of $500,000 as approved by the Board of Public Utilities on January 12, 1971 be requested at such time and in such amounts as contracts are awarded for the 1971 Downtown Street Improvement Program, that an amount equal to the advance payment in -lieu -of -taxes shall be deducted from future annual payments in -lieu -of -taxes made from the Public Utility Fund in 10 equal and annual installments plus interest on the remaining balance calculat at the current rate of interest at the time of payment and that.the Director of Finance be authorized and directed to make the necessary accounting entries to carry out the provisions of this resolution. Upon motion by Ludowese, second by Strain, and all voting in favor, resolution adopted. Resolution amending the Employment Policy of the City of Rochester, approved by resolution passed and adopted on January 6, 1971, as follows: (d) of Section 8 entitled "Holidays" is amended to read in its, entirety as follows: 0 P- 22 Record. of Official Proceedings of the Common Council of the City. of. Rochester, Minn., February 1, 1971 (d) Shif t Workers (1) During a holiday week, shift workers shall work their regular scheduled week and shall receive another day off in place of the holiday. Such time may be added to vacation, with the consent of the department'head. (2) When a holiday falls on a shift employee's day or shift off, he shall work his regular scheduled week and be compensated in lieu of the holiday, an additional day or shift off. (3) In addition to the nine holidays authorized by this section, all police officers in the Police Department and shift employees in the Sewage Treatment Plant shall receive two additional days off during each calendar year which may be added to vacation time with consent of the department head. motion by Ludowese, second by Novak, and all voting in favor, resolution adopted. Resolution authorizing Public Utility Board to enter into purcahse order contract th Selby Truck Sales for 1k ton pick-up truck ($2,250.00). Upon motion by Larson, second by Ludowese, and all voting in favor, resolution adopted. Resolution authorizing Public Utility Board to enter into a purchase order contract ith The Judd Company for 10,000 feet of No. 2 - 15 KV Cable ($4,190.00). Upon motion by Ludowese, second by Willmarth, and all voting in -favor, resolution adopted. Resolution authorizing Public Utility Board to enter into a purchase order contract ith Crescent Electric Comp any for 2,000 feet of No. 2/0 15KV Cable and 2,000 feet of No. 4/0 115 KV Cable• ($3,302.00). Upon motion by Ludowese, second by Willmarth, and all voting in favor, resolution adopted. • • Resolution authorizing Public Utility Board to enter into a purchase order contract with Clement Chevrolet Company for cab and chassis °($3•,790.91). Upon motion by Ludowese, second by Willmarth, and all voting in favor, resolution adopted. Resolution authorizing Public Utility Board to enter into a purchase order contract th Charles Olson and Sons, Inc. for one utility body with 32 foot aerial basket ($10,577.50). motion by Ludowese, second by Willmarth, and all voting in favor, resolution adopted. Resolution authorizing Public Utility Board to enter into a purchase order contract th Universal Ford Sales for two 1971 � ton pick-up trucks ($3,777.16). Upon motion .by Ludowese, second by Willmarth, and all voting in favor, resolution adopted. Resolution authorizing the Mayor and City Clerk to execute a contract with C. A. per Company for furnishing labor, materials and equipment for construction of a 115 KV line from Silver Lake Switching Station to the Cascade Creek Substation ($309,990.00). Upon motion ILudowese, second by Willmarth, and all voting in favor, resolution adopted. Resolution approving the Community Development Project known as Summit Square -Townhouse Community subject to the following conditions: 1. 10 additional visitor parking spaces per each phase should be provided. 2. A "no Parking" restriction should be put on -all private drives as requested by the Fire Chief. 3. That all private drives be indicated as such -as utility easements. 4. All private drives should be constructed to finished surface of bituminous material or better prior to occupancy of any unit. 5. A system of lighting for private drives and walkways. 6. The minimum number of trees should be planted as indicated on -plan. 7. Indicate location of all utilities. 8. Home Owners Association covenants must be. onfile with the City. 9. The construction of 40th Street Northwest to the easterly boundary of said Community Development Project. 1 11 u 1 • 1 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., February 1, 1971 23 1 41 1 1 0 10. The final development plan for each phase shall bebased on pre -sales and a formal application shall be filed with the City of Rochester for subsequent final approval of each phase. •A preliminary and final plat shall also be processed at this time for approval. 11. Mailboxes (airconditioners, and other outside appliances) to be architecturally designed to blend in with pfoject. 12. Common Council approval of the general - development plan of the land adjoining the easterly side of the above described property. • (West half, Northwest Quarter, Northwest Quarter, Section 23, Township 107, Range 14, lying north of 40th Street N.W.) Upon motion by Willmarth, second by Ludowese, and all voting in favor, resolution adopted. Resolution declaring and giving notice to the Board of Supervisors of Cascade Township, Olmsted County, Minnesota, of the internt of the City of Rochester to property on the south side of 7th St. N.W. and along U.S. 52 north of 7th Street N. W. (Hall property, Peoples Natural Gas Company, Big Four Oil, Home Gas and others)60% or more borderer by land presently within the territorial limits of the City. Upon motion by Strain, second by Willmarth, and all voting in favor, resolution adopted. Resolution referring improvement petition for determination of adequacy, feasibility report and recommendation to the City Engineer and Public Works Committee for sidewalk and curb and gutter on south side of 9th St. N. W. between 8th Avenue and 9th Avenue N. W. and curb and gutter on remaining lots on north side of 9th St. N. W. between 8th and 9th Avenue. Upon motion by.Ludowese, second by Strain, and all voting in favor, resolution adopted. An Ordinance relating to the Zoning Ordinance of the City of Rochester and ground area coverage, amending Ordinance No. 1296, Section 47.022, as follows, was given its first reading: 47.022 Tract Coverage: The ground area occupied by all the buildings of the center shall not exceed in the aggregate twenty-five (25) percent of the total area of the lot or tract. Enclosed areas at ground level that are devoted to common pedestrian circulation (enclosed malls) shall be excluded from the aggregate • ground level building coverage area. An Ordinance relating to the sanitary sewer system, and the use of revenues derived therefrom; amending Rochester Code of Ordinances, Section 106.160 as amended by Ordinance No. 1575, as follows, was given its first reading. "106.60. Use of Sewer Revenues. The balance of the revenues derived from these rates and charges shall be deposited with the City Treasurer in the Sewer Fund.• Such revenues shall•be used only for the purpose of paying the cost of operating and maintaining and extending the sewer system, and to pay the interest and principal on all bonds of the City which have been issued or shall be issued on account of the extension of the said system, and to maintain a reasonable reserve fund for use at any time in making repairs and extensions." Upon motion by Willmarth, second by Larson, and upon roll call and all voting in favor, the rules were suspended and the ordinance was given its second reading. A motion was then made by Larson, second by Willmarth, that the said ordinance be adopted as read and all voting in favor, President Postier declared the said ordinance duly passed and adopted. An Ordinance relating to intoxicating liquors and amending Rochester Code of Ordinances sEctions 160.010, 160.060, 160.080, 160.120, 160.140, and 160.160 was given its second reading. A motion was made by Larson, second by Willmarth, that the said ordinance r- 24 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., February 1, 1971 e adopted as read, and all voting in favor, President Postier declared the said ordinance (duly passed and adopted. Upon motion by Ludowese, 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 at,7:30.o'clock P. M., the following embers being present: President Postier, Aldermen Larson, Ludowese, McNary, Novak, Strain, illmarth. Absent: None. Hearing on proposed assessment for "street grading and surfacing, watermain extension, storm sewer and service connections to IOI, Crenlo Site (Hendrick's Subdivision) I19th Street N. W. to C.S.A.H. # 4". There was no one present wishing to be heard. President Postier declared the hearing officially closed. Upon motion by Ludowese, second by Strain, and lall voting in favor, a resolution was adopted levying special assessments for the said project. Hearing on proposed assesment for "extension of sanitary sewer and watermain to I0I Site in Site in N�, Section 28, Cascade Township (Part I Watermain)". There was no one present wishing Ito be heard. President Postier declared the hearing officially closed. Upon motion by Larson, (second by Strain, and all voting in favor, a resolution was adopted levying special assessments Ifor the said project. Hearing on proposed assessment for "sanitary sewer and watermain extension on the (West Side of T. H. 63 from 16th Street S. W. to vacated 17th Street S. W.". There was no one present wishing to be heard. President Postier declared the hearing officially closed. Upon motion by Novak, second by Ludowese, and all voting in favor, a resolution was adopted levying especial assessments for the said project. Upon motion by Larson, second by Willmarth, and all voting in favor, a 10 minute Irecess was declared at 7:40 P. M. President Postier called the meeting to order again at 7:50 P. M. with all members (being present. Request of City Administrator that the Council adopt a resolution authorizing the Mayor and City Clerk to enter into a contract with the firm of Wallace, Holland,. Kastler, Schmitz and Company for professional services necessary for street improvements on 1st Street South between 2nd Avenue S. E. and 3rd Avenue S. W. and on Broadway between 2nd Street North and 4th Street South; the fee for both the 1st Street and Broadway project is based on a fixed lump sum amount, the fee for engineering design would be a fixed sum of $25,000 and the fee for field supervision would be on a cost basis with a maximum of $10,000, three firms were interviewed for the said improvements. Upon motion by Larson, second by Willmarth, and all voting in favor, his request was approved and the City Attorney was instructed to prepare the necessary resolution. Upon motion by Strain, second by Novak, and all voting in favor, a resolution was adopted authorizing the Mayor and City Clerk to execute on behalf of the City, a contract with 1 r� 1 1 1 • Record of Official Proceedings of the Common Council25 of the City of Rochester, Minn., February 1, 1971 1 n U I L7 11 1 Wallace, Holland, Kastler, S`shmitz and Company for professional engineering services for street improvements on 1st Street South between 3rd Ave. S.W. and 2nd Ave. S.E. and on Broadway between 2nd.Street North and 4th Street South. • Upon motion by Novak, second by Willmarth, and all voting in favor, the meeting was adjourned until 7:30 o'clock P. M. on February 16, 1971. C' y Clerk INFORMATION 1. Minutes of Standing Committees - 1-25-71 2. Claim of injury - Richard N. Nelson (referred to City Attorney and Insurance) 3. Letter from Citizens Advisory Committee of the Olmsted County Welfare Board, A Response is being prepared by the Mayor's office and will be coordinated with the Council. 4. Letter from M.H.D. re fencing on T. H. 52 between 19th Street and 37th Street N.W. 5. A petition for local improvement has been received from property owners on the south side of 9th St. N.W. between 8th and 9th Ave. N.W. for the construction of concrete sidewalk and curb and gutter. This petition also includes the remaining lots on the north side of 9th-Street N.W. between 8th and 9th Avenues that do not have curb and gutter. (Referred to City Engineer). 6. An order has been received from the Minnesota Municipal Commission dismissing the petition filed against the Doughboy and Parkside Trailer Court properties by certain property owners in Marion Township. (An Ordinance annexing this property to the City was given both readings and adopted at the 1/18/71 meeting).