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HomeMy WebLinkAbout02-05-1973Record of Official Proceedings of the •Coinmon:.•,Council of the City of Rochester, Minn., February 5 ri 1976 457 1 is 1 s 1 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 5, 1973. President Postier called the meeting to order at 2:00 o'clock P. M., the follow members -being present: President Postier, Aldermen Kamper, Larson, Mayer, McNary, Powers, Strain. Absent: None. of 3118 Knoll Lane N. W. The Mayor's appointment of Jesse Wallace/to CUE Committee representing the 6th Ward, term of office to be for two years and expire September 1, 1974. Upon motion by Larson, second by Mayer, and all voting in favor, the appointment was approved. The Mayor's appointment -of John E. Klopp of 1435 Durand Court as a member of the Committee on Urban Environment representing the 4th Ward; term of two years and expire September 1, 1974. Upon motion by Powers, second by Kamper, and all voting in favor, the appointment was approved. Proposed County Solid Waste Ordinance to regulate the commercial hauling of solid waste throughout the county, including the City of Rochester; this ordinance contains language similar to the'City's present ordinance as it relates to the licensing and regula- tion of refuse haulers and their vehicles and the purpose of the ordinance is to establish ar official route to the landfill site and to insure, that all vehicles using the landfill are 'properly covered'so°that no spillage occurs along the route; the County would license hauler; and their vehicles in the same manner as presently used by the City, including the same license fed; the County is requesting that the City remove the licensing from the present City Ordinance in favor of the'county-wide license fee; also included in the proposed ordinance is a provision requiring the County Board's approval of the rates for hauling of solid waste, as this provision is presently written the County would approve refuse collection rates within the City as well as the remainder of Olmsted County, but the County officials have indicated that this language would be clarified to state that collection rates within the City must first be approved by the City Council. President Postier said he was not sure what regulatory powers and authority would be relinquished by th` City besides licensing and would like this clarified. Upon motion by Strain, second by Powers, and all voting in favor, this matter was tabled until the Council has a chance to meet with the County Board to further discuss it. Request of People's Cooperative Power Association, Inc. to modify the existing electric service agreement to allow People's Coop to adjust its rates for the electrical ° service to the Airport by an amount equal to the increase or decrease of its wholesale rates charged by'the Cooperatives power supplier; this agreement was originally executed September 22, 1959, which, at five year intervals would mean that as it presently stands, the agreement would be renegotiated in 1974.' Upon motion by Kamper, second by Powers, and all voting in favor, the City Attorney was instructed to prepare the necessary amendment to the agreement and a resolution authorizing execution of the said amendment. Upon motion by Strain, second by Larson, and all voting in favor, a.`,resolution 4 58 Record of Official Proceedings of the ' Common Council of the City of .Rochester, Minn., February 5, 1973 was adopted instructing and authorizing the City Clerk to advertise for bids for furnishing two crash -fire vehicles for the Rochester Municipal Airport as per specifications provided by the Minnesota Department of Aeronautics; estimated cost is $160,000 and federal and state funds will be applied for to pay up to 75% of the cost and the final purchase of these units will be dependent upon the availability of federal funding. Upon motioA by Strain, second by Kamper, and all voting in favor, the application of Byron Buxton for a dance license, for a dance to be held at the National Guard Armory on February 16, 1973 was approved and the City Clerk was instructed to prepare the license. (The Public Safety Committee to look into the matter of requiring a performance bond from applicants for dance licenses). Feasibility report of City Engineer on sanitary sewer extension along Valleyhigh Drive between 15th and 19th Streets N. W., which reports that the improvement can be made as an extension of the existing system with an estimated cost of $38,220. Recommendation of the Public Works Committee that this project be initiated by the Council and a hearing be held and that the property benefitting from the extension of this trunkline be assessed on an acreage basis and property fronting the trunkline be assessed on the acreage plus front -foot basis. Upon motion by Larson, second by Mayer, and all voting in favor, a resolution was adopted ordering a public hearing to be held on April 2, 1973 at 7:30 P. M. on this pr6ject. Upon motion by Kamper, second by Strain, and all voting in favor, the City Attorney was instructed to prepare a resolution retaining Bather, Ringrose, Wolsfeld, Inc. to perform the engineering services for the local improvements in the Di -Con Planned Unit Development on 19th Street N. W. The developer has requested the retention of this firm because they are also performing other related engineering services on this project and the developer has executed an agreement to reimburse the City for all engineering costs on the project, which includes an advance down payment of $4,000. Request of Police Deparrment that 3 Passenger Loading Zone spaces on South Broadway in front of the Olmsted County Bank be replaced with one 12 minute meter and two 60-minute meters, there appears to be little demand for these zones and it is continually used for free parking, the parking meters will enable the Police Department to do a better job of enforcement. A motion was made by Powers, second by Strain, that the recommendation be accepted and the. City Attorney prepare the necessary resolution. Alderman Larson said he would like to see this all 12 minute meters instead of the two 60 minute meters, he said he felt this would be getting a better turnover, if people want to stay 60 minutes they could either use the ramp or the lot. Mayor Day suggested that the owners of the Holiday Inn be contacted and informed of this and that it be given further study. Upon motion by Powers, second by Strain, and all voting in favor, the matter was tabled for two weeks for further study. Upon motion by Larson, second by Strain, and all voting in favor, the City Attorney was instructed to prepare a resolution establishing a passenger loading zone on the north side of North Broadway 50 feet more or less in front of the premises known as 15 South Broadway J 1 1 • 1 (Michaels Restaurant & Lounge) . Record of Official Proceedings of the Common Council of the City of Rochester, Minn., February 5, 1973 • 1 1 • Upon motion by Larson, second by Mayer, and all voting in favor, two resolutions were adopted (a) instructing City Clerk to advertise for bids for- furnishing 8 trucks for various city department and (b) instructing City Clerk to advertise for bids for furnishing seven 4-door sedans for various city departments. Upon motion by Kamper, second by Mayer, and all voting in favor, a resolution wa adopted approving and accepting assignment of securities $750,000 in collateral in lieu of a depository bond from Northwestern National Bank. Upon motion by Kamper, second by Mayer, and all voting in favor, a resolution wa; adopted approving and accepting assignment of securities in the amount of $155,000 in collateral in liey of a depository bond from First National Bank. A motion was made by Larson, second by McNary, and passed unanimously, that the semi-monthly bills, list attached in the amount of $199,698.74 be approved. Upon motion by Larson, second by Powers, and all voting in favor, the request for approval to carry over more than 40 hours of compensatory time from the fiscal year of 1972 for the following was approved: Mayo Civic Auditorium Public Utilities Earl Kraling 16.6 hours Francis Merry 4.9 hours E. Dale Haug 36.7 hours LeRoy Bass 18.0 hours Malcolm McDaniel 71.2 hours Robert Curry 1.5 hours Edwin Schwanke 39.0 hours Clarence Crow 50.5 hours Warren Throndson 92.11hours Verne Gabrielson 9.5 hours Viola Zimmerman 40.0 hours Donovan Larson 31.0 hours Arthur Bailey 42.5 hours + 13.55 houre Park & Golf James Brott 7.5 hours reimburseme Lloyd Parkin 266.0 hours Edward Dunford 2.5 hours Al Hein 100.0 hourss Gayle Schmidt 5.3 hours Walt Glasenapp 260.0 hours Harold Hellickson 32.0 hours Chuck Woodworth 17.0 hours Howard Jensen 40.0 hours Harvey Boysen 60.0 hours Francis Vihstadt 4.5 hours Tony. Elias 30.0 hours David Klinkhammer 5.2 hours Harry Nelson 30.O:hours Ray Dizon 44.0 hours .Gene Schueller 20.0 hours Nicholas Holthe 19.0 hours Lester Senjem 30.0 hours Ralph Blakely 19.5 hours Bert Zempel 25.0 hours Ernest Lidtke 18.0 hours Engineering Melvin Quam 44.0 hours Mylon Dornink 28.6 hours Planning William Voelker, 189.0 hours Petition to vacate 25th Avenue N. W. from 21st Street N. W. to 22nd Street N. W. Recommendation of Planning & Zoning was that the street is not needed to serve this area since the property to the west is being planned as a planned unit development and other vehicular access is provided; the petitioner will need to replat two lots that now front on 25th Avenue N.W. but he is willing to do this, and in fact, wants to do it; it will be necessary for the City to retain a utility easement between 21st Street N. W. and 22nd St. N. W. to construct a looped watermain system and provide for telephone service and based on these findings, they recommend that this petition be granted approval and the City retain a utility easement as requested, or it could be provided on the Di -Con property to the west. Upon motion by Larson, second by Strain, and all voting in favor, the recommendation was accepted and the City Attorney was instructed to prepare a resolution ordering a hearing on the said vacation, subject to the two lots being replatted and providing the 10 foot easement. ' r4ou Record of Official Proceedings of the Common ' Council of the City of Rochester, Minn., February 5, 1973 Recommendation of City Planning & Zoning Commission that they had considered the application of Eugene Pestka to purchase city owned property on the East side -of llth Avenue N. E. and on the north side of 7th Street N. E. as projected to the east along Silver Creek; the City Traffic Engineer prepared.a street ,,layout plan showing more specifically how the street might fit.in this location to see if there would be any land left over that-? could be sold and the plan indicates that a narrow strip of land could be sold and based on these findings, they recommend that a portion of the land be offered for sale. Upon motion by Larson, second by Powers, and all voting in favor, the recommendation was accepted and the City ttorney was instructed to prepare the necessary legal documents for sale of the land. Recommendation of -City Planning & Zoning Commission that they had considered the petition to annex Skyline School and find that this property abuts the city and adjoins a good road for access, -municipal sewer service is located along U.S. 14 and -the school can be served an extension of the system and based on these findings, they- recommend'that this property be d to the City of Rochester. Upon motion by Kamper, second by Larson, and all voting in favor, the recommendation was accepted and the City Attorney was instructed to prepare the necessary ordinance annexing.the said land. Recommendation of City Planning & :Zoning Commission .that they had considered the , etition to annex a X en acre parcel in the N. E. Quarter of Section 16, Cascade Township (Hoffman Property)) and find that this property abuts the city and adjoins a good road for ccess; municipal water service can be readily extended to serve this property, municipal anitary sewer does not now exist in this area but is programmed to be constructed in 1974; he Cascade Town Board has voted to not object to the annexation, the Olmsted County Planning dvisory Commission recommended that they should object to the annexation and based on these but that the property be platted -before development takes place. indings, they recommend that this property be annexed to the -City,/ Upon motion by Powers, cond by Kamper, and all voting in favor, the recommendation was accepted and the City ttorney was instructed to prepare the necessary ordinance. Recommendation of City Planning & Zoning Commission that the application for metes nd bounds conveyance of unplatted land at 2045 19th Street N. W. be approved and the tion of the south half of.the street right-of-way for 20th Street N. W. (33ft) and ility easement be accepted. Upon motion by Kamper, second by Strain, and all voting,in or, a resolution was adopted approving the conveyance of land by metes and bounds (owned Jon C. Springer at 2045 19th Street N.W.). Resolution accepting grant and dedication of land 10 feet in width lying in the rthwest Quarter of Section 27, Twp 107 North, Range 14 West, Olmsted County, Minnesota for lic utility purposes (Jon C. and Roberta M. Springer). Upon motion by Kamper, second by train, and all voting in favor,.resolution adopted. Resolution accepting dedication of land by Jon C. Springer and Roberta M. Springer, and wife, for a strip of land in Noethwest Quarter of Section 27, Twp 107 North, Range West, Olmsted County, Minnesota. Upon motion by Kamper, second by Strain, and all voting 1 • • 1 Record of Official Proceedings of the Common Council 46 of the City of Rochester, Minn., February 5, 1973 1 • 1 1 • 1 in favor, resolution adopted. Resolution. approving resolution passed by Public Utility Board on January 19, 1973.authorizing Board to enter into a contract with Pfeifer and Shultz, Inc., Engineers for furnishing engineering services -- Electrostatic Precipitator on Boiler No. 3 at the Silver Lake Plant. Upon motion by Kamper, second by Larson, and all.voting in favor, resolution adopted. Resolution authorizing City Engineer to install appropriate speed limit signs on 7th Street Northwest between 13th Avenue 650 feet west of Vallgyhigh Drive (35 miles per hour). Upon motion by Strain, second by Powers, and all voting in favor, resolution adopted. Resolution amending the parking resolution as follows:. (1) Section H, Limited Parkin& Zones, Zone B (30-minute parking) is hereby amended by adding a new Paragraph (6) to read as follows: "(6) Sixteenth Street Southeast on the South side of the street 50 feet more or less in front of the premises known as 40 Sixteenth Street Southeast; this provision shall expire June 30, 1973." (2) Section B, No Parking Zones, Paragraph (216) is amended in its entirety to read as follows: "(216-.1) Sixteenth Street Southeast on both sides of the street between Third Avenue and South Broadway at all times except on the south side of the street for 50 feet more or less in front of the premises known as 40 Sixteenth Street Southeast." Upon motion by McNary, second by Larson, and all voting in favor except Alderman Kamper who voated "nay", resolution adopted. An Ordinance relating to the Building Code of the City of Rochester; providing fc building permits and fees; providing for enforcement, appeals, and penalties; creating a establishing fire zones;anending Rochester Code of Ordinances, Sections 70.010, 70.020, 70.030, 75.010, 80.010, and 85.010; Adding a new section 70.050; and repealing Rochester Code of Ordinances, Sections 75.030; 76.030, 76.040, 80.020, 80.040, 80.060, 81.130, 95.011, 95.022, 95.023, 95.030, 95.900, and Chapters 78, 83 and 86 through 98, was given its second reading. A motion was made by Mayer, second by Powers, that the said ord be adopted as read and all voting in favor, President Postier declared the said ordinance duly passed and adopted. Resolution ordering a public hearing on the vacation of a portion of a public street known as Colombia Court N. E. which portion lies east of a line extending from the southwest corner of Lot,::l, Northwood Third Addition, south to the northwest corner of Lot 13, Northwood Third Addition (hearing to be held 7:30 P. M. on April 16, 1973). Upon motion by Larson, second by Strain, and all voting in favor, resolution adopted. Resolution approving resolution adopted by the Public Utility Board for purchase order contract with Selby Truck Sales for furnishing one 3/4 ton pick-up truck and two 1/2 ton pickup trucks in the amount of $8,250.00. Upon motion by Mayer, second by Larson, and all voting in favor, resolution adopted. Resolution approving resolution adopted by the Public Utility Board for purchase order contract with Interstate GMC Truck Inc. for furnishing one CMS Window -type van in the amount of $2,939.00. Upon motion by Larson, second by Mayer, and all voting in favor) i � t` 4 V 2 Record of Official Proceedings of the Common Council of the City._ of --Rochester, -Minn., 'February 5, 1973 resolution adopted. Resolution approving resolution adopted(,by Public -Utility Board for purchase order contract with Interstate GMC Truck Inc. for furnishing one 2-,ton cab & chassis in the amount -of $5, 324.00. : Upon motion by- Larson, z second by- Kamper, . and;=all: voting.•in favor, resolution adopted. Resolution approving resolution adopted by Public Utility Board for purchase order contract with LaHaas Corporation for furnishing-one-utility:body.with aerial basket in the amount of $13,143.00. Upon motion ,by Larson, second. by Mayer,,.,and .all. voting. in favor, resolution adopted. ' Resolution appointing election judges for the year 1973 and naming the various polling places. Upon motion.by Larson, second by.Powers,...and.all voting in favor, resolution adopted. An Ordinance establishing a use and service charge -for passengers at the Rochester Municipal Airport; providing for its -collection imposing penalties for violations; and amending Rochester Code of Ordinances by adding Chapter 53,.was given its first reading. Upon motion by Larson; second by Mayer, and all'voting in'favor, the meeting was adjourned until 7:30 P. M. President Postier called the meeting to order at 7:30 o'clock P. M., the following members being present: President Postier, Aldermen Kamper, Larson, Mayer, McNary, Powers, Strain. Absent: None. Hearing on the petition tochange the zoning districting on the A. C. Gooding property S. W. corner of 4th Street S.W. and 6th Avenue S. W.,from the R-1 and R-2 District to the R-3 District. The recommendation of the Planning & Zoning Commission was that there is an R-4 District to the east and, north and an I -District to the northeast, the general character of the area is of medium density residential use, being that there is a 25 unit condominium to the east and a new condominium under construction to the north and they feel that a change to the R-3 District would not be detrimental in this area and could actually serve as a transitional district; the City's Land Use Plan indicated this area for low density residential use but they are considering an amendment to the plan to change this to a medium density use area and based on these findings, they recommend that the change to the R-3 District be approved. Mr. Jeffrey Rome of ',622-5th Street S. W. presented a petition with 56 signatures of residents within 200 feet of this property, opposing the requested zone change. Also heard against the zone change were Dr. Howard Taswell of 422-7th Avenue S.W., Robert Parkhill of 624 4th Street S. W., Madeline Sturdevant of 410 6th Avenue S.W., and Richard Satava of 608 5th Street S. W. Mr. Howard West, Attorney representing the Gooding Estate, said they had originally petitioned for a change to R-4 but had verbally agreed to the R-3, he said this property was 45,000 square feet which was roughly 1/3 of the total block, there was an older home on it now but with this much area it was hard to utilize it as a one family place. There was no one else present wishing to be heard. President Postier declared the hearing officially closed. A motion was made by McNary, second by Mayer, • 1 • 1 0 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., February 5, 1973 1 • 1 • L' that the petition for a change in zoning be denied and all voting in favor, President Postier declared that the petition for a zone change was denied. Hearing on petition to change the zoning districting on a ten acre parcel in the N. E. Quarter of -Section 16, Cascade Township (Hoffman Property) from the R-1 District to thel 'B:-3.D.istrict. The recommendation of the Planning & Zoning Commission was that the city's Land Use Planefor the -Northwest Property Owner's Association has this general area designated as being best suited for commercial use,.the property.to the south is already as a B-3 Distric and this would be an orderly extension of that district, based on these findings, they"46 that the change.to the B-3.District be approved., -There was no one present wishing to be heard. President Postier declared the hearing officially closed. Upon motion by Larson, second by Powers, and all voting in favor, the recommendation was.accepted and the City Attorney was instructed to prepare the necessary ordinance. Hearing on proposed assessments for "watermain.together with.the necessary easements on the west side of T. H. 63 across Lots 7, 8, 9 and 10, Block 3, Golden Hill Addition" to provide watermain to the site of the proposed Ramada Inn. There was no one present wishing to be heard. President Postier declared the hearing officially closed. Upon motion by Strain, second by Kamper, and all voting in favor, a resolution was adopted levying assessments for the said watermain. Request of Rochester City Lines for a -rate increase, Mr. Holter had originally requested that they have a raise from 25 cents to 35 cents but after discussion with Mayor Day and the City -Administrator he amended his request to provide for a fare increase of $.05' for a total fare of $.30. Mr. Edward Moline,.Finance Director, reported that he had reviewed the -financial report of the Bus Company and from the standpoint of the operation of the compan the income from the fares -constitute about 64% of the revenue, operating revenue and by applying a 20% increase to the operating revenue it would come up then to about $23,000; and it indicated that in this operation it would be necessary to add on a mebhanics helper and, also have to add 15% increase on the bus drivers wages so this then brings it down.to about $5092 from the $23,000 increase and out of that a loss last year of $5402 and they indicated they would get a 3% increase from the schools and this would then net them or increase the revenues about '$1712 so out of the 20% increase off of the fares you would have a net increase of operating revenue.or net return of probably $1302 for the coming year. He said had had gone through the operating expenses and find that he has been_ very reasonable as far as allocating expenses to Rochester, he has taken out a very minimal part as far as his general officers salaries are concerned, he has added nothing for office expenses and his. other expenses, looking at the insurance and the rental for the space, he uses 9000 square feet of space;.it seems that his operating statement is reasonable. The statement he has presented is one that is given t6 the Public Service Commission, it is not an auditor's statement but is presented by his accountant and he said he talked to the accountant and find he has practiced for a number of years in Superior, Wisconsin and northen Minnesota, so on that basis he thought the statements as presented were reasonable and reliable so they could 464 �. J Record of Official Proceedings of the Common Council of the City of Rochester, Minn., 'February 5, ',1973- be accepted as being indicative of what the Company has actually experienced in Rochester; he just recently incorporated so there isn't any.past experience of operation on the company; if he were to have a 5�% return on his tevenue, which is what generally business does have, he could have reasonably asked for a considerable higher rate of return, so this seems to be a very reasonable request from the City's standpoint. A motion was made by Larson., second by Kamper, that the 5C increase be granted and the City Attorney -was instructed to prepare a resolution petitioning the Public Service Commission.to approve the rate increase; all voted in favor. Application for transfer of the on -sale liquor.license presently held by Robert Kramer at the premises known as the Town,House at 10 First Avenue Southeast to William.W. Towey of 2010 18k Street N. W. and Ervin E. Ristau of R.R. Preston, Minnesota. Upon motion by Strain, second by Powers, and all voting in favor, the transfer was approved. A report.from the City Administrator on the acquisition of the Northwest Park Land together with a resolution adopted by the Board of Park Cpmrgissioners recommending that the Common Council initiate condemnation proceedings to.acquire land known as Indian Heights and also.a letter from.Mayor Day. A motion was made by McNary, second by Kamper, to proceed with condemnation proceedings on the total acreage (Indian Heights property approximately 17.35 acres and Metro property approximately 20 acres). Alderman Strain spoke at length in opposition stating that he felt the price was too high, that appraisals had just been made and he felt some alternatives should be looked at. President.Postier and Mayor Day also spoke in opposition. Aldermen Kamper, Larson, Mayer, McNary and Powers each spoke in favor. President Postier called for a vote on the motion and.all voting in favor, except President Postier and Alderman Strain who voted "nay", the motion was carried and the City Attorney was instructed prepare the papers necessary to initiate condemnation proceedings. Recommendation of Planning &.Zoning Commission re application for approval of the preliminary plat of Indian Heights Fourth Subdivision (this item had been tabled to this meeting). Upon -motion by Kamper, second by Mayer, and all voting in favor except President Postier and Alderman Strain who voted "nay",.this item was tabled until completion of the condemnation proceedings. Upon motion by Powers, second by Strain, and all voting in favor, the meeting was adjourned. City Clerk INFORMATION -2/5,173 , L. Minutes of the Standing Committees 1/29/73 2. Letter from Gold Cross Ambulance re: Emergency Dispatching Service (referred to City Administrator for investigation) 3. Letter from MHD re: North Broadway Bridge Improvements 4. Letter from Environmental Protection Agency re: Flood Control Project 5. Letter from Public Service Commission re: Airport bus fare 6. The Public Service Commission has ordered the CNW RR to upgrade its exsisting highway grade crossings signals at North Broadway, 1st Avenue N.W., 2nd Avenue N.W. and 6th Avenue N.W. The City's portion.of this cost shall not exceed $1,000 In addition the RR has to install two cantilever signals at 4th Ave. N.W. of which the City's share shall not exceed $2,065.50 7. The Municipal Commission has dismisd4'd'the annexation of Lots 12, 13 and 14, Block 3, Knollwood Addition and also the annexation of 1,081 acres south to the airport. u 1 I 1 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., February 5, 1973 a —1 45 8.. Claim for Damages, Russell Mueske, 508 4th St. S.E. (referred to Attorney, Insurance, Engineer) 9. Claim for damages C. I. Glatzmaier, 105 3rd St. S.W. (referred to Attorney, Insurance, Engineer) 10. The City is listed as a defendant along with Crossroads Center Inc. in a suit for $40,000 filed by Genevieve and Merlyn Dickie. Mrs. Dickie slipped and injured hereself on 8/18/72 on the driveway entrance to Piggly Wiggly Store located at Crossroads 11. Notice of Claim, Gretta Ranney (Referred to Attorney, Insurance) 12. Referred to Planning & Zoning: (a) application for conveyance of property by metes and bounds, Jon C. Springer at 2109 19th Street N.W. (b) application for variance at 601 North Broadway (Joseph Angelici) (c) application for variance at 211 14th St. N.E. (Ernest Kottke, 526 14th St. N.E.) • 1 1 J