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HomeMy WebLinkAbout02-20-1973F�4(oo Record of Official Proceedings of the Common Council of the City of Rochester, Minn., February 20;. 1973 Minutes of an adjourned 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 20, 197.3. 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. Upon motion by Mayer, second by Kamper, and all voting in .favor, the minutes of the meetings of January 22, January 24, and February 5, 1973 were approved. Appointment by Mayor Day of Dr. Herman Young of 1055 Plummer Circle as a member of the Committee on Urban Environment, term of office to expire September 1, 1974. Upon motion by Powers, second by Strain, and all voting in favor, the appointment was approved. Mr. E. R. (Gene) Scott, Rochester Terminal Manager and Southern Area Manager for Witte Transportation Company, was present representing Minnesota Transport Association in regard to bills presently in the State Legislature (S. F. #342 and H. F. #439) which would authorize the use of 65 ft long combination truck units, instead of the present 50 ft long, on such highways as the legislature may determine, he said he had contacted the County and they had voted in favor; he also said there were 34 states that are presently using this type of equipment with Minnesota and Wisconsin the only two states in this area where trailers of this type can not be accepted; he requested that the Council adopt a resolution supporting these two bills. Upon motion by Strain, second by Kamper, and all voting in favor, a resolution was adopted supporting the legislation authorizing the use of 65 foot long combin- ation truck units consisting of a tractor and two semi -trailers in the State of Minnesota on such highways as the Legislature may determine and instructing the City Clerk to transmit copies of this resolution to the legislative representatives from this area, Governor of the State of Minnesota, Chairman of the House Regulated Industries Committee and Chairman of the Senate Public Highways Committee. Recommendation of the Committee of the Whole that the City property north of Elton Hills Drive be designated as the site for the Community Center, but excluding such property as is needed for the efficient operation of the Dog Pound Activity. Alderman Mayer stated he felt some effort should be made to obtain the land to the north for further parking and Mr. Curt Taylor, Superintendent of Parks, reported that they had received an offer from the property owners to the north and they were going to proceed to try and get the land. A motion was made by Larson, second by Kamper, stating that it was the intent of the Council to support the northern site for the community center and all voted in favor. It was also stated by Mr. Taylor that the expense of sewer and water necessary would be paid out of the bond fund. Application of Hugh T. Blee for 'off sale" and 'on sale" non -intoxicating 3.2 beer malt liquor licenses for the premises at 1316 7th Street Northwest (first door immediately st of Thomas House of Furniture location). Mr. Blee was present and stated that he holds 1 0 1 0 1 110% of the stock of the Old Heidelberg, Inc. now operating as The Bacchus. The City Attorney Record of Official Proceedings of the Common Council of the City of Rochester, Minn., February 20, 1973 1 1 J 0 stated that under the statutes.if he.:has no more than a 10% interest it does not consitute a conflict and he could a license under another establishment. The Police Department reported that on investigation there was no record. A motion was made by Powers, second by Strain, that the two -licenses be granted; all voted in favor. Tabulation of bids for furnishing eight trucks and chassis for various City Departments: Clement's Interstate Selby Truck Chevrolet GMC Sales Item No. 1 (4) 2•ton pickup trucks 11,659.16 11,444.00 11,732.00 Less allowance for (2) t4ade ins 325.00 250.00 200.00 Net bid price item No. 1 11,334.16 11,194.00 11,532.00 Item No. 2 (1)4 wheel drive vehicle No bid 3,749.00 3,422.00 Less trade-in allowance'#33 .250:00 100.00 Net bid price item No. 2 3,499.;0 3,322.00 Item No. 3 (1) Van type truck No bid 3,149.00 No bid Less trade-in allowance #3 500.00 Net bid price item No. 3 2,649.00 Item No. 4 (1) One ton chassis 3,261.65 3,226.00 3,233.60 Less trade-in allowance #603 150.00 100.00 100.00 Net bid price item No. 4 3,111.65 3,126.00 3,133.00 Item No. 5 (1) 27,500 GVW chassis No bid 7,788.00 7,750.00 Less trade-in allowance #41 400.00 255.00 Net bid price item'No. 5 7,388.00 7,495.00 Net bid price for all items bid 14,445.81 27;556.00 25,480.00 (items numbers included) 1,4 1,2,3,4,5 1,2,4,5 Bid security Cert. Check Bid bond bid bond Total of item prices bid 14,445.81 27,856.00 25,482.00 The low bidders on an item basis were -Item No. 1 Interstate GMC $11,194.00; Item No. 2 Selby Truck Sales $3,322.00; Item No. 3 Interstate GMC $2,649.00; Item No. 4 - Clement's Chevrolet $3,111.65 and Item No. 5 Interstate GMC $7,388.00 making a total of $27,664.65. Interstate GMC offered a price of $27,556.00 if awarded all items and the Finance Department recommended that this be accepted. A motion was made by Larson, second by Mayer, that the five low bids be accepted, and Kamper, Larson and Mayer voting "aye" and McNary, Powers, Strain and Postier voting "nay", the motion was lost. A motion was -then made by McNary, second by Powers, that the bid of Interstate GMC for all 5 items in the amount of $27,556.00 be accepted; all voted in favor thereof except Aldermen Kamper and Mayer who voted "nay". Tabulation of bids for furnishing seven 4-door sedans for various city departments: Lehman's Adamson Clements American Motors Chevrolet Item No. 1 (5) Police Car sedans 20,660.00 231-'517.00 19,834.00 less allowance for (5) trade ins 4,060.00 8,330.60 4,250.00 net bid price for item No. 1 16,600.00 15,186.40 15,584.00 Item No. 2 (1) Sedan for Fire Dept. 3,425.00 4,282.70 3,A09.02 Less trade in allowance ' 66 Ford 400;00- 1,'107 30 150':00' Net bid price item No. 2 3,025.00 3,175.40 3,259-:02 Item No. 3 (1) Sedan for Park Dept. 3,325.00 4,202.70 3,292.55 Less trade in allowance '65 Ford 225.00 989.60 150.00 Net bid price item No. 3 3,125.00 3,213.00 3,142.50 Total bid price for (7) sedans less trade-in 22,750.00 21,574.90 21,985.52• The recommendation of the Finance Department was to accept the low bid on each item.. A motion was made by Mayer, second by Kamper, that the low bids on the three items be accepted (#1 Adamson Motors $15,196.40; #2 Lehman American $3,025.00; #3 Clements Ehevrolet $3,292.55 all voted in favor of the motion. 4' . 4b8: Record of Official Proceedings of the Common Council of the City of Rochester, Minn., February 20, 1973 Upon motion by Larson, second by McNary, and all voting in favor, the two resolutions were adopted (a) resolution approving and accepting assignment of addition- hollowing al securities in the amount of $500,000.00 in collateral in lieu of a depository bond from the lmsted County Bank and Trust Company and (b) resolution accepting additional securities in the mount of $210,000.00 in collateral in lieu of a depository bond -from Rochester State Bank. A motion was -made by McNary, second by Kamper, and passed unanimously, that the semi-monthly bills,•list attached,•in the amount of $134,411.92 be approved. Recommendation of Planning and Zoning Commission that they concur in the proposed revision to the Northwest General Development Plan pertaining to changing the general land use • plan'in the area between 48th Street N. W. and King's Run from U. S. 52 to 41st Avenue N. W. from future industrial use to medium density residential use, in view of the existing residential use in the area and the probable excess of land planned for industrial use in the area"to the south, they concur in the proposed -revision. Upon motion by Kamper, second by Mayer, and all voting in favor, a resolution was adopted amending the "IAND USE PLAN" as adopted on March 18, 1963'and as thereafter amended, by incorporating therein the plan entitled "Northwest General Development Plan -- Revised". , Upon motion by Larson,,second by Mayer, and all voting in favor, the two following resolutions were adopted (a) resolution ordering bids for sanitary sewer facilities in the DeWitt Addition (city project 7002-1-72 J8405) and (b) resolution ordering bids for sanitary sewer and watermain facilities in the Maple Lane Subdivision (city project 6306-3-71 J8390). Upon motion by Mayer, second by Strain, and all voting in favor, the City Attorney was instructed to prepare a resolution establishing a special parking zone under Section C to read as follows: 1. 8th Avenue Southeast on the east side of the street for a distance of 140 feet more or less entered on.a point approximately 205 feet south of llth St. S.E. 2. llth Street Southeast on the south side of .the street for a distance of 140 feet more or less centered on a point approximately 125 feet east of 8th Avenue. Feasibility report of City Engineer recommending approval.of street improvements on 3rd Avenue N. W. from 14th Street N. W. to 600 feet south of 19th Street N. W.; the improvements will consist.of street grading and paving, concrete curb and gutter, sidewalk where feasible, storm sewer, improvments,.sanitary sewer extension, service connectioA replacements and new installations and retaining walls where necessary, some improvements on the north side of the 14th Street bridge will also be.required to complement this project which are not included in this project cost, the estimated costs are $286,500; the recommendation of the Public Works Committee was that a public hearing be held on March 19, 1973 on this project and that special assessments be levied iq accordance with city assessment policy and benefits received.. Upon.motion by Powers, second by Strain, and all voting in.favor,_the recommendation was accepted and a resolution was adopted ordering a hearing on.the said project. Resolution accepting dedication of public street easement granted by Wholesale Distributing Company across Lot 1, Block 2, Bracken Mead 2nd, Subdivision. Upon motion by Kamper, second by Powers, and all voting in favor, resolution adopted. • 11 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., February 20, 1973 b9 I 1 1 Resolution amending the parking resolution as follows: (1) Section E, Passenger Loading Zones, is hereby amended by adding a new Paragraph (1.5) to read as follows: "(1.5) North Broadway on the west side of the street 50 feet more or less in front of the premises known as 15 South Broadway (Michaels Restaurant & Lounge)." Upon motion by Powers, second by Strain, and all voting in favor, resolution adopted. Upon motion by Larson, second by Mayer, and all voting in favor, the City Attorney was instructed to prepare a resolution recommending to the Charter Commission that they approve the request of the Public Utility Board to amend part of Section 153 of the City Charter relating to the requirement that the Superintendent of the Electric Plant be an experienced electrical engineer. Resolution recommending that the Minnesota Public Service Commission approve the request of the Rochester City Lines Company for an increasein the bus fare per passenger from $.25 to $.30 for service within the City of Rochester. Upon motion by Kamper, second by Strain, and all voting in favor, resolution adopted. Resolution setting a hearing on petition for vacation of 25th Avenue N. W. between 21st Street and 22nd.Street N. W. .in Northgate. Eighth Addition. Upon motion by Kamper, second by Powers, and all voting in favor, resolution adopted. Resolution accepting amendment to agreement.between the City and Rochester Airport Company pertaining to the imposition of a tax, charge or fee on enplaning passenger: at the Rochester Municipal Airport and the cost of Airport Crash Protection. Upon motion by Larson, second by Powers, and all voting in favor except Alderman Strain who ."abstained',, resolution adopted. An Ordinance relating to the salaries for the offices of Mayor, Alderman-at- Large and Aldermen of the City of Rochester, Minnesota and repealing Ordinance No. 1453 (establishing salary of Mayor at $10,000 per -year, Alderman -at -Large -at $5,100 per year and Each Alderman at $4,200 per year) was given its second reading. A motion was made by Powers, second by Larson, 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 on -sale liquor licenses for Clubs and Extending the time for removing discriminatory membership clauses based on.race, color, creed, religion or national origin; amending Rochester Code of Ordinances, Section 160.070, as amended by Ordinance No. 1653, was given its second reading. A motion was made by Larson, second by Strain, that the said ordinance be adopted as read and all voting in favor except Alderman Kamper who voted "nay", President Postier declared the said ordinance duly passed and adopted. The following letter received from the kochebter B.P.O. Elks Lodge No. 1091, Inc., dated February 7, 1973, was ordered placed on file: "We appreciate the courtesy recently extended by the Rochester Common City Council to the Rochester Benevolent and Protective Order of Elks of the United States of America for their consideration for the extension of our club liquor license to October 1,.1973. We will continue with our efforts',to work with local community groups Record of Official Proceedings of the Corn'mon Council of the .City of Rochester, Minn., February 20, 1973 in The fight against discrimination and continue to strive for what is both morally right and good -for this community. - it is the understanding of the undersigned that neither will request an extension..of the club:,liquor license.beyond 10/1/73.if at that.time the "White -only" clause still remains in effect with Rochester Lodge #1091. /s Douglas H. Oslund Exalted Ruler 1972-1973. /s Richard L. Lundquist Exalted.Incoming Ruler 1973-1974" Also a copy of the resolution adopted by the Local Elks Club urging that the-Legislature.of the State support and vote for a bill to ban discrimination against applicants for membership to any club or fraternal organization on the basis of race, color or creed. A report from the Human Rights Commission that an extension of time not be granted was -also presented, and placed on file. Upon motion by.Larson, second by.Powers, and upon roll call.and all voting in favor, the rules were suspended.and an ordinance entitled.'.'An Ordinance',,Es.tablishing=, a use And'service-charge.for'passengers at-thef'Roches.ter Municipal Airport; c• providing for its collection; imposing penalties for.violations; and amending Rochester Code of Ordinances by Adding Chapter 53' was given its second reading.. Upon motion by Kamper, second by Mayer,.and all voting in favor, the following amendments to the above ordinance were approved: Amend the title to read: An Ordinance regulating the enplaning of passengers at the Rochester Municipal Airport;•establishing an airport.use and service charge; providing for its collection; imposing penalties for violations; and amending Rochester Code of Ordinances by adding Chapter.53. , . - Amend Section 53.010 Definitions "Aircraft" to read as follows: "Aircraft" means any apparatus having a gross weight of more than 12,500 pounds now known.or hereafter invented, used or..designed for flight in the air." Amend to Section 53.111 by renumbering the section as 53.110 and to read as follows: 53.110. Use of Revenue. All revenue collected by the City from the airport use and service charge shall be used to finance airport secutity.and police protection provided by the City and -to defray past, present and future expenses incurred by the City in constructing, improving,, equipping, operating and maintaining the airport and its facilities. A motion was then made by Larson, second by Strain, that the above ordinance,as amended, be adopted and all voting in favor, President Postier declared the said ordinance duly passed and adopted. Resolution approving resolution of the Public Utility Board authorizing the Mayor and City Clerk to make an assignment of efectrir,-, ater, and sewer charges at Apache Mall to the Apache Corporation. Upon motion by Larson, second by Kamper, and all voting in'favor, resolution adopted. A motion was made by Kamper, second by Larson, to remove from the table the recommendation of the Engineering Department to replace passenger loading zones on South Broadway with meters; all voted in favor. Mr. Jack Dolan, Traffic Engineer, reported that this had been tabled for two weeks so they could contact the manager of the Holiday Inn Downtown, this had beeft'done and they stated they had no objections as they had no need for 1 • I • u these spaces. A motion was then made by Larson, second by Strain, instructing the City 9 Record of Official Proceedings of the"Corr non' Council 47 of the. City of Rochester, Minn., February 20, 1973 1 1 1 .• 1 Attorney to prepare a resolution to establish three 12 minute zones on South Broadway on the east side of the street in front of the premises known as the Holiday Inn Downtown from a point approximately 110 feet north of Third Street Southeast for a distance of 75 feet more or less; all voted in favor. Upon motion by Powers, second by Mayer, and all voting in favor, the following 11 applications'for renewal of Off gale Liquor License and 5 applicafions for renewal of Club On Sale Liquor License were each approved, subject to approval by the Liquor Control Commissioner: Gopher Liquors of Rochester, Inc.; Huey's Drive In Liquor Store, Inc., Rochester Liquor Supply; Milton Golob; Buckeye Liquors, Inc.; De Luxe Liquor Store of Northbrook, Inc.; Hillcrest Liquors, Inc.; Andy's Liquors, Inc.; Daly Liquor, Inc.; Northgate Liquor Store; Joe's Liquors, Inc.; B.P.O. Elks Club No. 1091, Inc.; American Legion Club; Fraternal Order of Eagles, Aerie #2228; labor Temploe Association Labor Guild; and Whitlock Sonnenberg Post #1215. The following bonds were presented: Huey's Liquor Store, Inc. and Deluxe Li Store of Northbrook, Inc. each in the amount of $1,000 with The Western Casualty & Surety Co. as.surety; Gopher Liquor of Rochester, Inc. in the amount of $1,000 with State Surety Company as surety; Rochester Liquors, Inc. and Buckeye Liquors, Inc. each in the amount of $1,000 with Safeco Insurance Co. of America as surety; Milton Golob and Andy's Liquor Store Inc. each in the amount of R1,000 with Northwestern National Ins. Co. as surety; Hillcrest Liquors, Inc. in the amount of $1,000 with Western Surety Co. as surety; Daly Liquor, Inc. in the amount of $1,000 with St. Paul Fire 0' Marine Ins. C. As surety; Peter H. McHardy dba Northgate Liquor in the amount of $1,000 with The Travelers Indemnity Company as surety; Joseph Guzinski dba Joe's Liquor Store in the amount of $1,000 with Fidelity & Deposit Company as surety; B.P.O.Elks Club #1091 in the amount of $3,000 with Western Surety Company as surety; American Legion Club and Fraternal Order of Eagles each in the amount of $3,000 with The Western Casualty & Surety Company as surety; Labor Temple Association Inc. and Veterans of Foreign Wars each in the amount of $3,000 with Hartfod Accident & Indemnity as surety. Upon motion by Powers, second by Mayer, and all voting in favor, the bonds were approved and the surety thereon was accepted. Upon motion by Mayer, second by Kamper, and all voting in favor, the City Attorney was instructed to prepare a resolution encouraging the State Legislature to pass a bill which would cause any clubs which have in,their charter a clause indicating that membership is restricted because of race, creed or color that such an organization would not be allowed a liquor license in the State of Minnesota. Upon motion by Kamper, second by Mayer, and all voting in favor, the meeting was adjourned until 4:00 o'clock P. M. on Wednesday, February 21, 1973. City Clerk Upon motion by Powers, second by Mayer, and all voting in favor, the application 0 11 of the Town House for a cigarette license was approved. Record of Official Proceedings of the Common Council of the City .of Rochester, Minn., February 20, 1973 Information 2/20/73 1. Minutes of the Standing Committees 2/12/73 2. Notice of Injury - Mrs. Cecil Long of-17'12th'Street N. W. (referred"to'Attorney, Insurance, Public Works) 3. Claim of Damage - Thomas E. O'Hanlon of 1510 7k Avenue N. W'. (referred to Attorney, Insurance, Public Works) 4. Notice of Injury - Vernon E. Rhoads, Cavour, South Dakota (referred -to Attorney, Insurance, Public Works) 5. Notice of Injury = Christina Loe"sch-(referred to'Attorney, Insurance, Public Works) 6. Letter from M.H.D. re speed zoning on 2nd Street S. W., 5th Street N.W. and 7th Street N. W. 7. The Olmsted County Board will hold a public hearing at 2:00 P.M. on March 14, 1973 on the sanitary sewer trunkline to the airport 8. Referred to Planning and Zoning: a.' Application for a variance at 804 loth Avenue S. E. (Carl Hutchings) 1 • 1 0