HomeMy WebLinkAbout01-02-19734.4a
Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., January 2. 1973
FY=60252-
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 January 2, 1973.
President Postier called the meeting to order at 2:00 o'clock P. M., the following
members being present: President Postier, Aldermen Kamper, McNary, Powers and Strain.
Absent: Aldermen Larson and Mayer.
Upon motion by Kamper, second by Strain, and all present voting in favor, the minutes
of the meeting of December 18, 1972 were approved.
Mr. Joe Weichselbaum of Weichselbaum and Associaties, Inc., Architects,. was heard in
behalf of the Keylar Corporation on their building located in the 1100 block of North Broadway,
which is in the flood fringe area. According to the present flood control regulations this
building would have to be put 4� feet above the sidewalk line and in other areas 6k feet above
the sidewalk line. Other buildings that exist at -present do not have to conform to this and
he would like to know what can be done to modity the strict requirements of this flood fringew
area. Mr. Tom Moore, Planning Director, suggested that Mr. Weichselbaum meet with him,and
something could be worked out on this particular case and the Common Council would also take
this matter up to see if some modification or unification could be arrived at.
A motion was made by McNary, second by Powers, and all present voting in favor, adopting
the resolution approving the application to the Governor's Crime Commission on Crime Prevention
and Control for Federal Assistance Grant for the acquisition and development of a joint record -
keeping system between the Rochester Police Department and the Olmsted County Sheriffs
Department and authorizing the County Administrator to execute the application. The total
amount of federal support requested is $44,421, the total local cash contribution would be
$10,500 which would be divided equally between the City and the County. A portion of the
existing salaries of the personnel presently employed in the respective records divisions is
reflected as in -kind service to match thefederal money requested, this in -kind service or
"soft match" amounts to $27,622.
Upon motion by McNary, second by Strain, and all present voting in favor, the Police -
Sheriff Joint Facility Rental Agreement was tabled until further communication with the County
Commissioners on the agreement. .
Application for transfer of on and off sale 3.2 beer license from Thomas Wahlberg to
Howard McEachern at 513 2nd Street N. W., the Queen City Beer and Grocery. Upon motion by
Strain, second by Kamper, and all present voting in favor, the transfer was granted.
• Upon motion by Strain, second by McNary, and all present voting in favor, the
applications for license to sell cigarettes of Howard A. McEachern of Queen City Beer and
Grocery at 513 2nd St. N.W. and Bernard's Cottage Shoppes, Inc. to be located at the J. C.
Penney's at Apache Mall were approved.
Upon motion by Powers, second by Strain, and all present voting in favor, a resolution
transferring unexpended balances of local improvement projects, Series "J" - $60,342.89 and
Series "K" - $148,717.23, was approved.
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Record of Official Proceedings of the ' Common• Council
of the City of Rochester, Minn., January 2, 1973
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Upon motion by McNary, second by Kamper, and all present voting in favor, a
resolution was adopted authorizing the City Engineer to request and obtain engineering and
technical services from the Minnesota Department of Highways during the year 1973.
Upon motion by Powers, second by Kamper, and all present voting in favor, a
resolution was adopted establishing a Revenue Sharing Trust Fund. The Revenue Sharing Trust
Fund is established into which shall be deposited such monies as are received pursuant to
Federal, State and Local Fiscal Administration Act of 1972. Monies from this fund shall be
expended in accordance with the guidelines established for proper and legal use thereof.
Upon motion by Strain, second by Kamper, and all present voting in favor, a
resolution was adopted authorizing the Rochester Library Board to.accept gifts, donations
and bequests for library purposes of personal property, cash securities, and other property,
except realestate, and the Library Board shall upon receipt thereof notify the Director of
Finance who shall make an appropriate financial record -of such gift, donation or bequest.
Upon motion by Powers, second by Kamper, and all present voting in favor, a
resolution was adopted establishing the 1973 wages and salaries for all city employees
except those in the Utility Department and Fire Department (excluding Chief and Assistant
Chiefs) .
Upon motion by McNary, second by Powers, and all present voting in favor, the
three following resolutions were adopted and.the Mayor and City Clerk were authorized and
directed to sign the said agreements on behalf of the City (1) approving agreement between
City of Rochester and the -Police Benevolent Association, establishing -wages and other terms
and conditions of employment (2) approving agreement between City and International Union of,
Operating Engineers, Local 49 establishing wages and other terms and conditions of employment
for personnel in the Rochester Park Department and (3) approving agreement between City and
International Union of Operating Engineers, Local 49 for establishing wages and other
conditions of employment for the Street and Alley, Sewer Collection and Refuse Disposal
Employees.
Upon motion by Kamper, second by McNary, and all present voting in favor, a
resolution was adopted recommending that Stevan Kvenvold be appointed as the City of
Rochester representative to the Region "F" Advisory Council (the membership policy allows
one representative from each of the 20 counties in Region "F" plus one representative from
each city within the region with a population of 25,000 or more - appointment is for a two
year term). .
An Ordinance amending the City Building Code (adopting the Minnesota State
Building Code) was given its first reading.
Resolution amending the Employment Policy of the City of Rochester, approved by
resolution passed and adopted on January 6, 1971, as follows:
1. Amend Section 7 "Computing Hourly Pay Rates" (a) to read in its
entirety. as fo'llows :
%a) For convering annual pay rates into hourly rates, the annual rate
shall be divided by 2080 hours. The resulting hourly rate shall be
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Record of Official Proceedings of the Common Council
of the City- of Rochester, Minn., January 21V 1973
FY•E0292
.divided -by 2080 hours. Thr resulting-hour-ly rate shall be used in
computing regular pay, overtime, and pay deductions for lost time for
all -employees including full-time; hourly, -seasonal and less than full-
time employees. The earnings of an employee who works less than a full
two -week period (there are twenty -six, -two week pay periods-ina year)
shall be computed at the above hourly rate for the time worked."
2. Whenever the date 'January 1st" appears in the following paragraphs,
substitute the date "April 1st".
9 (b) (1)
9 (c) (1)
9 (c) (5)
9 4dd) (3)
9 (f)
3. Amend Section 15 "General" (a-1) "Life Insurance" (3) to read in its
entirety as follows:
"Whenever an employee is on an authorized leave of absence from the City
and -does not receive a pay check during the first 15-days of a month, his
insurance coverage shall cease on the 15th day of that month unless he
.makes -payment of his own as well as his dependent's premium, in person,
at the Personnel Office, prior to the 15th of the month.
An employee's group insurance coverage shall cease on the 15th of the
month following his termination date, or on his termination date if it
happens to be the 15th of the month.
It shall be the employee's personal responsibility for notifying the
Personnel Office, in writing, of all desired changes in coverage, prior
to their effective date, as well as for making all premiumpayments when
he is temporarily off the payroll, and for making prompt insurance
-conversion arrangements upon termination of employment."
4. Amend Section 15 "General" (i) Final Pay and Termination Dates" (1) by
striking the following sentence:
';'Whenever possible, a final payment for all the above time shall be issed
to the employee on the next regular pay day following his last day worked."
And inserting in lieu thereof the following sentence:
"Whenever possible, a final pay check for all of the above time shall be
issued to the employee.on the regular semi-monthly pay period following
his last day worked."
-5. Paragraph 6 of that certain resolution adopted by the Common Council on
August 7, 1972 and approved by the Mayor on August 8, 1972 is hereby
rescinded in its entirety.
Upon motion by Powers, second by Kamper; and all present voting in favor, the above resolution
jamending the employment policy was adopted.
An application for approval of the preliminaryh plat of Indian Heights Fourth
'Subdivision which was tabled to this meeting from the December 4, 1972 meeting. This was tabled
to await the outcome of a federal grant application to"purchase a portion of this property and
a federal grant in the amount of $150,000 towards the purchase of park property in the northwest
area has now been approved. Mr. Robert Springer, the petitioner, was present and requested that
the Council take some action, if they were going to buy it he would like to know that and if not
he would like to proceed with the developing of this land for residential lots; he said he
already had some options for sale of these lots if developed and would like some answer. Mr.
Curt Taylor said he was in the process of hiring appraisors and should have some figures for
presentation by the middle of January. A motion was made by Alderman McNary that this be tabled
for an additional 30 days, this motion died for lack of a second. A motion was then made by
McNary, second by Kamper, to deny the application for approval of the preliminary plat of Indian
Heights 4th Subdivision - the second and motion were withdrawn. Mr. Springer said he had offered
(this land for sale to the City back in 1967•but had never been given a definite answer, he said
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of the City of Rochester, Minn., January 2, 1973
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he had developed Indian Heights 3rd about two years ago and had already sold 24 out of 29
lots so he `felt there was a demand for residential lots in this area and would like to go
ahead. A motion was made by.Kamper, second by Strain, to table this until the first
meeting in February, 1973 pending the appraisels which will include the whole 17 acres of
the property known as Indian Heights 4th.Subdivision; all present voted in.favor.
President Postier brought.up for discussion the Head Tax or User Charges at the
Rochester Municipal Airport. He explained that two .years ago when he had originally
suggested this he had proposed $1.00 but that had not included the costs of fire and police
that are now required; he reported that the approximate cost to the City.for the five year
1967 - 1971 was 572,713 for construction and 61,761 for operations making a total of
$634,474 showing an average deficit of $122,895; he said the rent for Hangar B had been
lost and the City would be obligated to pay the outstanding bonds of about $20,000 per yeaz
he said by adding police and fire it would cost the City about $250,000 additional
expense.per year and that was why he was now suggesting $2.00. The following summary of
Airport,Costs was submitted by the City Administrator:
Total 7-year .C.I. Costs (1967-1973
Financed by:
Federal
State
Utility Advance
City Tax Revenues
otal 7 Year Operation Costs (1967-1973
Financed by:.
City Tax Revenue
Include Electric Utility Charges and Bond
Payments for City Hangar ($51,458)
1972 and 1973 Estimated Sewage Disposal Costs
1972 Actual
1973 Estimated
Financed by Sewer Service Charges
Projected Security Costs for 1973
3.12 Police Officers Salary (2 shifts)
Pension Costs
Other Current Expense
Financed by Taxes
Projected Fire Protection Operating Costs
Up to 15 Men $180,000
Other Current Expenses 20,000
Financed by Taxes
Two fire fighters for each large vehicle and one
for small vehicle, 2 shifts per day plus vacations,
sick leave requirements.
Average Annual Tax Requirements
Average 7 year (1967-1973) taxes for Capital Improvement
Average 7 year )1967-1973) taxes for Operating Expenses
Projected annual security & fire operational.costs..
assuming combined personnel
Projected -average annual.capital improvements costs.
Projected average annual operating (Electric -sewer)
exclusive of bond payments
$3,646,398
1,378,275
1,263,810
300,000
704.313
3,646,398
$ 135,401
135,401
13,687
15,000
28,687
33,750
11,420
5,000
50,170
200,000
200,000
100,616
19,343
200,000
75,000
20;000
After further discussion a motion was made by Strain, second by Kamper, instructing the
City Attorney to prepare -a -resolution instituting a $2.00 user charge on out -going flights
only and include in the resolution that money taken in -be dedicated back to the airport
fund; all present voted -in favor.
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., January 2, 1973
Mr. Kenneth Boyer, representing the firm of Wallace,.Holland, Kastler, Schmitz
and Company Engineers, was heard.regarding.odor controls in the Rochester sewer system and
at the Rochester Sewage Treatment.facility; he said chlorination should be used as a. preventive
measure not as a cure and .use of .the chemical .at- the plant .does not al -low sufficient working
time to prevent ordors, he recommended construction of a chlorination facility, -on one of
two sites owned by the City, one parcel of land lies immediately.east of Cascade Creek and
along the north side of 14th Street N. W. and.the second site -lies along the east side of
3rd Avenue N. W. immediately west of the Zumbro-River and west of the old wastewater
treatment facility;.the cost would be approximately $75,000 plus annual.operating expenses
of about.$25,.000, two additional trucks would have to be purchased toremove sludge from the
plant lagoons and the two trucks would cost about $20,000.plus $15,000 for operation of the
trucks. This report was referred to the Committee of the.Whole for further consideration
at their next meeting..
C. A.. Armstrong, City.Engineer, reported that the Water RIlution Control Agency
was holding a meeting on January 8, .1973 regarding landfill and that he, Mark Gray, Director
of Maintenance and Gerald Swanson, City Attorney would be.attending. Anyone else wishing
to attend were to notify Mr. Armstrong.
Upon motion by Strain, second by McNary, and all present 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. with the
following members being present: President Postier, Aldermen Kamper, Larson, McNary, Powers,
Strain. Absent: Alderman Mayer.
Hearing.on proposed amendments to Sections 61.405, 64.503, 64.302 and 65.616 of the
Zoning Code. There was no one present wishing to be heard. President Postier declared the
hearing officially closed. A motion was made by McNary, second by Strain, to proceed on the
amendments and instructing the City Attorney to prepare the necessary ordinance; all present
voted in favor.
A motion was made by Kamper, second by Strain, and passed unanimously, that the
semi-monthly bills, list attached, in the amount of $122,033.78 be approved.
President Postier brought up the matter of the legality of the City of Rochester
participating in a Rochester Area Chamber of Commerce Economic -Development Program. The
Council authorized an expenditure of $10,000 as the City's share in a full-time development
department atria previous meeting. There -was a question as to whether the City has the right
to contact for professional services for the Chamber and -as to. -whether or not bids should be
let. Gerald Swanson, City Attorney said he would like.more time to check this and said he
was in contact with the State Attorney and also with the County Attorney and hoped to be able
to report back very shortly.
Resolution adopted by the Common Council on December 18, 1972 acquiring land by
purchase or condemnation for extension of First Avenue Northwest to North Broadway between
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Fifth Street and Sixth Street N. W. Mayor Day vetoed this resolution and the following is
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., January 2, 1973
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.his veto message:
"I have this day vetoed the resolution authorizing the acquisition of two
parcels of land on North Broadway for a future one-way street. I feel
that the purchase of this property further commits the City to using First
Ave., West, as part of a one-way street plan.
During the past two decades, there has been much discussion about relieving
the traffic from Broadway --several alternatives have been suggested; however,
there have been some drastic changes that we must consider.
1. First Ave., West, is now viable or more so than Broadway. In fact,
our high value corner has changed from Dayton's corner, 2nd St. and
Broadway to the southwest corner of the Kah*r, 1st Ave., West, and
1st St., S. W.
2. The Mayo Clinic has a major expansion underway.
3. The Methodist Hospital has a major expansion underway.
Therefore, I feel this area from Broadway west to the Medical Center should
be considered a -transient, -business, high pedestrian area. Consequently, we
'should be trying to plan for -less traffic in the area, not more as would be
the result if 1st Ave. is to be a one-way street.
At -present, -there are approximately 20,OOOcars per day on Broadway and 10,000
cars on First Ave., west. Air. Dolan advises -that -about an equal amount of
cars are going in either direction. Therefore,*if the one-way plan was
implemented, you can see we immediately increase the cars on First Avenue
by fifty percent. -
As you know, we are doing some things that will definitely help the Broadway
traffic situation.
1. Opening of 2nd Ave., east to 7th St., next year.
2. Finishing-3rd Avenue Next year.
3. Improving 3rd Avenue at 4th St. intersection next year.
4. Improving and building a birdge on 4th Ave'. N.W. from 7th St. to
Elton hills Drive.
There has also been a levling off of Broadway traffic the last couple of years.
No one is sure that traffic will increase sufficiently to justify doing
anything else other than the above improvements.
However, if something should be done, I submit the place to start is on the
east side because Mr. Dolan estimates that First Ave., east, has only
3,000 cars per day.
Specifically, I'm thinking of a street coming in south of the Broadway
bridge in the area of the old roundhouse and traveling north along the river
and joining First Avenue just east of the parking ramp. This is Alternative
A-1 in the Bather -Dolan plan of 1970.
There is no question in my mind that when you vote to purchase this property
on North Broadway for nearly $100,000, you are voting to use First Avenue,
west, as a part of the one-way pair. This being the case, I feel justified
in asking that you sustain this veto and give this more study.
/s Dewey Day"
.Mayor Day showed plats.and reports.and-went over the reasons for his veto. President Posti
also spoke in opposition and said he too .felt the purchase of.this property.was definitely
tied into;making.a one-way pair of First Avenue and Broadway. After a lengthy.discussion,
President Postier called for a vote on the resolution and upon roll call, Aldermen Kamper,
Larson, McNary and Strain voting "aye" and President Postier and Alderman Powers voting "nay"j
(Alderman Mayer was absent), the Mayor's veto was sustained and the resolution was declared
not adopted. (a 5/7 vote of all members is needed to enact the resolution).
Resolution adopted by the Common Council on December 18, 1972 authorizing the
Public Utility Board to provide water service to the Golden Hill Addition. Mayor Day vetoed
this resolution and the following is his veto message:
"I have this day vetoed the resolution authorizing the public utility
board to provide water service to the Golden Hill area outside the
corporate limits.�,of the City of Rochester.
I request that you reconsider this resolution at your next regular
meeting and add some language that insures orderly annexation within
five years after any city water or sewer service is provided.
/s D. Dewey Day, Mayor"
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., January 2, 1973
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President Postier then called for a vote on the resolution and upon roll call and all present
voting "nay", the Mayor's veto wassustained and the resolution was not -adopted. The City
Administrator was instructed to check this matter further as to the-City's-position on the
annexation.
Resolution amending the parking resolution as follows:
(1)' Paragraph (18) which was added to Section B, No Parking -Zones, by resolution
adopted by the Common Council on December 4, 1972 and approved by the Mayor on
December 5, 1972 is hereby amended by designating the paragraph as Paragraph (141.6)
Section B, No Parking Zones, Streets, to read as follows: °
"(141.6').Sixth Avenue Southwest on the -west side of the street
from ;First Street southwest north to the alley.-"
(2) Paragraph (23)'which was added to Section I, Parking Meters, Zone A (12 minute
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parking) is hereby, amended by renumbering the paragraph as Paragraph (14.5) as
follows:
11(14.5) Third Street Southwest on the South side of the street, 40 feet
more or less immediately west of the alley between Broadway and First
Avenue Southwest."
Upon motion by Strain, second by Kamper, and all present voting in favor, the resolution was
adopted.
Upon motion by McNary, second by Strain, and all present voting in favor, the meeting
was adjourned until 7:30 o'clock P.-g. on'January 15, 1973.
Deputy City Clerk
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INFORMATION 1-2-73
1. Minutes of Standing Committees - 12-21-72
2. Letter from Hartford Steam Boiler Inspection and Insurance Co. (referred to City Engineer)
3. The Public Service Commission has ordered the Chicago North Western Transportation Co.
to install two grade crossing cantilever signals.at the point where 2nd Street N.E.
crosses the right-of-way. The City shall bear 10% of the cost of installation of
the signals, but.not to exceed $1,942.50.
4. Referred to Planning and Zoning:
.(a) Petition to annex 10 acres of unplatted land in Cascade Township (Clarence L. Hoffman)