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HomeMy WebLinkAbout07-16-1973Record of Official Proceedings of the Common Council of the City of Rochester, Minn., July 16, 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 July 16, 1973. President Postier called the meeting to order at 7:30 o'clock P.M., the following members being present: President Postier, Aldermen Kamper, Larson, Ludowese, McNary, Powers:;=, Strain. Absent: None. Hearing on the Happy Times Bar License being conducted under the Rochester Code of Ordinances Section 161.220 concerning the possible suspension or revocation of the non -intoxicating liquor license held by Paul Harberts. Mr,o,Gerald Swanson spoke and stated that a notice had been sent to Mr. Harberts and reads as follows: Take Notice • that on Monday, July 16, 1973, at 7:30 P.M., in the Council Chambers in City Hall in the City of Rochester, Minnesota, the Common Council of the City of Rochester will conduct a public hearing inquiringinto the alleged violation of Minnesota Statutes, 340.035 on or about July 3, 1973, andoother alleged violations at the Happy Times Bar. At the hearing upon a showing of cause, the Common Council may suspend or revoke the non -intoxicating malt liquor license held by Paul Harberts for the Happy Times Bar, Rochester, Minnesota, or take such other action concerning said license as the Common Council deems necessary. Mr. Swanson also stated that an Affidavit or Services of the foregoing notice, service being made personally on Paul Harberts at the Happy Times Bar, located at 322 South Broadway, Rochester, Minnesota,:.on July 6, 1973 by Mr. Robert H. Radam. Mr. Swanson further stated that a number of witnesses were present for the purpose of giving their testimony. These witness are from the Rochester Police Department. Mr. Donald DeVaughn, Assistant City Attorney call on these witnesses in the order that he saw fit to call on them asking them questions on the alleged violations that occurred on'or about July 3,.1973 Witnesses testifing for the City concerning the alleged violation occurring on the premises of the Happy Times Bar at 322 South Broadway were Officer Bill Knadel, Officer John Hust, Officer Burton Loeding, Officer James Miller, Caption Bill Anton. Mr. Roger Peterson, legal counsel for the defendent, Mr. Paul Harberts, owner of the Happy Times Bar, Mr. Harberts, Mr. Don Rockvam, Previous owner of the Happy Times Bar, Dan Holland, . and7Jer`-ry,�Sulhivanawe.re p'resent:tand�spoke_-1nfavoreofsMr_. Harber-ts3.ivCopies of the call slips from the Police Department were presented to the City Clerk of the official record. Mr. DeVaughn read a subdivision from the Minnesota State. -Statutes, Section 340.035, titled MINORS Subdivision 1. It shall be unlawful for any: (1) Licensee or his employee to sell or serve non -intoxicating malt liquor to any minor or permit any minor to consume non -intoxicating malt liquor on the licensed premises or to permit any minor to loiter or to remain in the room where non -intoxicating malt liquor is being sold or served unless accompanied by his parent or legal guardian. Having no other persons that wished to be heard, President Postier closed the hearing. Upon motion by Larson, second by McNary, with all voting in favor, the license was permanently revoked for the Happy Times Bar at 322 South Broadway. o62 Record of Official Proceedings of the Common Council of .the City of Rochester, Minn., July 16, 1973 0 Hearing on a petition to vacate those parts of 38th St. N.W. and 39th St. N.W. the walkway easements and utility easements adjacent to and within Blocks 4,5, & 6 Sunrise Estates 2nd Subdivision. No one present wishing to be heard, President Postier declared the hearing closed. Upon motion by Powers, second by Ludowese, and all voting' in favor, the motion instructing the City Attorney to set a date for a public hearing and to prepare a resolution vacating the street was adopted. Hearing on a petition to vacate a portion of the North -South alley between 1st Ave. S.W.,and 2nd Ave. S.E. South of 6th St. S.W. Mr. James Adamson appeared on behalf of Adamson Motors, and stated that the strip of land is�'4 inches',,and that no compensation can be determined on such a small amount of land. This was confirmed by Mr. Gerald Swanson, City Attorney. Having no one else present wishing to be heard, President Postier dosed the hearing. Upon motion by McNary, second by Ka p'dr,"and all voting in favor, a motion instructing the City Attorney to prepare a resolution setting the date for a public hearing and to prepare a resolution vacating the street was adopted. Hearing on the application for approval of the Final Plat of Teton Resubdivision. Having no one present wishing to be heard, President Postier declared the hearing closed. Upon motion by Strain, second by Powers, and all present voting in favor, a motion instructing :the City Attorney to prepare a resolution for adoption was approved. Hearing on Application for approval of the Final Plat of Replat No. 1 of Sunrise Estates Second Subdivision. Having no one present wishing to be heard, Presi Postier declared the hearing closed. Upon motion by Ludowese, second by Powers, with all present voting in favor , except Mrs. Kamper who voted nay, the City Attorney was instructed to prepare a resolution subject to vacating the street. Mrs Kamper stated that her reasons were that she received numerous comments, phone calls, etc. about the odor,: from the Wastewater Treatment Plant, and she feels that when the City does some- thing about this problem, then we should go ahead and develop more land in that area. People move into this area not knowing about this problem, and thus she would not vote in favor. Hearing on application for approval of the Final Plan for a Planned Unit Development to be known as Broadmo.or, Phase III. Mr. Frank Michaels, attorney for the Broadmoor was present and reviewed the plans. Mr. Robert Larson questioned the liens that had been filed against the project. Having no one else present that wished to be heard, President Postier declared the hearing closed. Upon motion by Powers;: -second by Ludowese, and all voting in favor, except Alderman Kamper and Larson voting nay, the City Attorney was instructed to prepare the necessary resolution for adoption:; Hearing on the application for approval of the Final Plat of Oak Terrace First Subdivision. Having no one present that wished to be heard, President Postier declared the hearing closed. Upon motion by Kamper, second by Strain and all voting in 1 0 fl E 1 W-) Record of Official Proceedings of the Common Council 563 of the City of Rochester, Minn., July 16, 1973 L. • F_� 1 LJ favor, Larson abstained, the City Attorney was instructed to prepare the resolution for adoption. Mr. Kim Boulton of 3036 15th Ave. N.W. wished to be heard and stated that he moved to his current address three years ago, and is disturbed with the odor from the Wastewater Plant. He stated the smell is really bad and wished the City would do something about. President Postier stated that the City has had consulting firms hired,- engineers have been working on this problem, and the City has spent as much time and money on this problem as any other in the City of Rochester. Bids are being let for a Chlorination Plant and this would help the situation. Trucks have been purchased to haul.the sludge out, and President Postier stated that the people would just have po bear with the problem,;;; the City.is trying to solve it. Mr. Roger Plumb, Public Works,,Director.also stated that the problem is being looked at and the City will do all they can to help. Petition for Watermain extension on 31st St. N.E. from the east line of North Star Subdivision to T.H. 63, and on T.H. 63 right-of-way from 31st St. N.E. to 27th St. N.E. Upon motion by Ludowese, second by Larson, with all voting in favor, the prepared resolution was adopted referring said petition to the City Engineer for a feasibility report. Mr. Russall Boraas, Attorney for Ramada Inn was present and wished to be heard. He stated that tests of soil have been made on the Ramada Inn site and that sandstone was found and that revisions would have to be made regarding the sewer alignment. He stated that Mr. Lofsgaarder, Partner of the Ramada Inn would pay for having a study made of the whole project so that they can get the Ramada Inn under way again. This was referred to the City Engineer to investigate the retention of an engineer to a study of the future sewer line alignment. Recommendation of the Committee of the Whole to authorize the Mayor to submit a letter of support for the application and indicate the City's willingness to participate in the operational expense of the system of the Mayo Clinic. The cost to the City is very little, Upon motion by Kamper, second by Larson, and all voting in favor, the recommendation was approved. Bids for Wastewater Treatment Plant for an Atomic Absorbtion Spectrophotometer. Bids were received from Fisher Scientific $6,085.00 and Sargent -Welch Scientific $4,872.7 The low bid of Sargent Welch Scientific of $4,872.75 was accepted upon approval of the EPA recommendation. Bids were received for a Spectrophotometer from Fisher Scientific in the amount of $2,800.00 and Sargent -Welch Scientific in the amount of $2,750.00. The low bid of Sargent -Welch in the amount of $2,750.00 was accepted upon EPA approval. 564 Record of Official Proceedings of the Common Council of. the .City of Rochester, Minn., JULY- 16, 1973 Bids were received for Four -Wheel Drive front-end loader roll over guard in place of enclosed cab (deduct) double ram actuated bucket (add). Bids.were received from Olson Equipment Company $9,194.00.and Meier Implement Company in the.amount of $10,820.00. The low bid of Olson Equipment Company - $9,194.00 was accepted upon approval of the EPA. Upon motion by McNary, second by Kamper, and all voting in favor,.the low bids were accepted upon approval of the EPA. Recommendation of proposal to change the hours of Off -Sale Liquor Store Hours. Upon motion by Powers, second by McNary, and all voting in favor to instruct the City Attorney to prepare an amendment to the ordinance changing the hours to read as follows: Monday through Thursday 8:00 A.M. to 8100 P.M. Friday 8,-,00 A.M. to 9:00 P.M.. Saturday 8:00 A.M. to 10:00 P.M. Days preceding holidays, 8:00 A.M. to 10:00 P.M. Recommendation from the Airport Commission for approval of the Final payment for professional services By R. Dixon Speas for preparation of airport operations manual in the amount of $4,500.,6Total cost of services was $4,500 with $3,000 to be reimbursed by the State. Payment of $1,432.75 to Weichselbaum and Associates for professional ae.�i services in preparing preliminary cost estimates for fire and rescue facilities at the airport. A resolution authorizing the Mayor and City Clerk to execute a five year facilities lease with the FFA to cover maintenance services. The lease provides $8,656.32 in revenue. The dollar amount of the lease is subject to annual adjustments. This re- places the five year lease 1968 to 1973. A resolution authorizing the Mayor and City Clerk to execute a purchasing agreement with the State of Minnesota for fire fighting chemicals. This is estimated to save one-third through State purchasing. A request to advertise for bids for the sewer collection system to be opened August 16,1973. Engineers estimate of the cost is $85,500. This system to connect to the Willow Creek sewer trunk line. Uppn motion by Larson, second by Kamper, and all voting in favor, the recommendations of the Airport Commission were approved. Request from the Olmsted County Bank to use City sidewalks to erect a lemonade stand and to serve lemonade at the corner of Second Street S.W. and Broadway for a benefit of the Boy Scouts, mentally retarded and YMCA. This would be for the entire month of August, 1973. A second request was made by the Downtown Council to have a sidewalk sale on August 3rd and 4th, 1973. Upon motion by Kamper, second by Larson, and all voting in favor, the requests were granted. Upon motion by McNary, second by Powers, and all voting in favor, the following license applications were approved, and the City Clerk instructed to issue the licenses; Application of Leonard L. Lampland for a Master Plumber's license, application of Knights Operation, Inc. (Earl L. Brooks) for a license to.sell cigarettes and also application for dance license at 6 & 8 South Broadway. I 0 1 0 9 Record of Official Proceedings of the Common Council 5651 of the City of Rochester, Minn., JULY , 16, 1973 Ll 0 1 1 1 A motion was made by Larson, second by Powers, and passed unanimously that the semi-monthly bills, list attached, in the amount of $96,299.44 be approved. Application for approval of Planned Unit Development (Preliminary Plan) on property located on the South side of East Center Street at 7th Avenue Southeast. Upon motion by Ludowese, second by Powers, and all voting in favor, the recommendation was accepted. Recommendation of Annexation of St. Pius Church Property located at the North- west corner of 18th Avenue N.W. and 41st Street:N.W. Upon motion by McNary, second by Kampen, and all voting in favor to instruct the City Attorney to prepare a resolution indicating the City's intent to annex this property. This resolution will'then'cbe served on the Cascade Township Board, and they have 60 days in which to register objections. Resolution accepting the proposal for Engineering services by Yaggy and Associates to provide services (plans, specifications, and construction supervision) for improvements to be installed by the owner in the Replat # 1 of Sunrise Estates Second Subdivision. Upon motion by Ludowese, second by Larson, and all voting in favor, the prepared resolution was adopted. Recommendation of City Engineer to accept the low bid of Fraser Construction Company in the amount of $23,208.00 for Sanitary Sewer Trunkline, Project 5808-0-70 Extension of Sanitary Sewer Trunkline west of Valleyhigh Drive N.W. between 15th St. and 19th Street Northwest.,The following bids were received: Fraser Construction Co. $23,208.00, Littrup Nielson, Inc. $31,778.00, Austin P. Keller Construction Company $32,715.26. The Engineer's estimate is $36,688.00. Upon motion by Powers, second by Strain, and all voting in favor, the resolution accepting the low bid of Fraser Construction was adopted. Bids were received for concrete sidewalk on both sides of 8th Avenue S.E. from 16th Street S.E. to 16k Street S.E. Bids were received from E.J. Vonch Concrete in the amount of $5,350.68 and Doyle Conner Company $4,692.80. Upon motion by Larson, second by Powers, and all voting in favor, the resolution was adopted,,accepting the low bid of Doyle Conner Company in the amount of $4,692.80. Bids were received for 3rd Street S.E./S.W. Storm Sewer. Upon motion by Larson, second by Ludowese, with all voting in favor, the -awarding of these bids was tabled until the next Council meeting pending further study. Recommendation of the adoption of a two year contract with the Wastewater Treatment Plant on wages. Upon motion by Kamper, second by Ludowese, with all voting i favor, the resolution pertaining to the new contract with the Operating Engineers, Local 34, and the Wastewater Treatment Plant Employees to include the following was adopted. 1. Wages for 1974 are increased 27c. per hour. This is a 5.8% increase over 1973. 2. Wages for 1975 are increased 23G per hour over 1974. This is a 4.7% increase over 1974. The increase for two (2) years is 10.8%. Record of Official Proceedings of the Common Council of the City of Rochester, Minn., July 16, 1973 0 31: The City will pay 90% of -'the premium for dependents hospitalization;r compared to the 80% we are now -paying. 4. The number of holidays will be reduced from 11 to 9 and employees working on a holiday will be paid 2k times their regular rate. They now receive a day off if they work a holiday. 5. The employees who attend a school or conference, designed to improve their skills or operation, on their day off, will be paid for that day. 6. A revised vacation schedule will be in effect. .Generally, this gives most employees one to two days more vacation per year. 7. This is two (2) year contract with all benefits frozen for the second, year. Recommendation -to establish a bus stop zone on 2nd St. S.W. in front of the Fiksdal Motel. Jefferson Lines, Inc. will begin a route from Minnespolis to St. Mary's Hospital, Mayo Clinic, and Rochester Methodist Hospital in August. This stop is being used now by the City of Rochester Bus and the Airport Bus. This,will take out one meter and establish an 80 foot zone east of the crosswalk. Upon motion by Larson, second by Kamper, and all voting in favor, to instruct the City Attorney to preoare a resolution establishing a bus stop under Route # 7 (Country Club Manor to read as follows: On the North side of Second Street Southwest of the Mid -block crosswalk between 12th Avenue and 13th Avenue (80' +,,mid -block, parking prohibited.) Resolution approving a resolution passed by the Public Utility Board on April 24, 1973, for entering into a contract for a Gas Turbine from Westinghouse Corp. in the amount of $2,422,855.00. Upon motion by Larson, second by McNary, and all voting in favor, the resolution was adopted. Resolution of Approval of amendment to the Data Processing Joint Computer Service Agreement dated January 18, 1972, extending the term through December 31, 1974 and increasing payments to be made by the City. A motion for the mayor and City Clerk to be authorized and directed to sign an amendment on behalf of the City was made by Strain, second by Powers, and all present voting in favor, the resolution was adopted. Resolution for variance.granted for Seventh Avenue as shown on the prelimina plat of Elton Hills East Eleventh Subdivision. Upon motion by Strain, second by Ludowese will all present voting in favor, the resolution was adopted. Ordinance rezoning certain property, creating a Planned Unit Development District known as PUD-R-8 and.amending Ordinance No. 1659, known as the Zoning Ordinance of the City of Rochester, Minnesota, was given its frist reading. An Ordinance amending Ordinance No. 1466 entitled "An Ordinance Establishing within the City of Rochester an Urban Service District and a rural service district as separate taxing districts," was given its first reading. An Ordinance relating to the renewal of Licenses and Permits issued by the City of Rochester; amending Rochester Code of Ordinances by adding a new Section 3.150 wa: given its first reading. I • 1 1 n 1 \I 0; Record of Official Proceedings of the Common Council 567- of the City of Rochester, Minn., July 16, 1973 4An-Ordinance relating-l-to-"§'4-Aita'r--:'y'�,-I:afidfills and charges for the Disposal of refuse therein; amending Rochester Code of Ordinances, Section 31.031 as amended by Ordinance No. 1675, was given its second reading. A motion by Strain, second by Powers, that said Ordinance be adopted as read and all voting in favor, President Postier declared the said Ordinance duly passed and adopted. An Ordinance amending Ordinance No. 1466 entitled "An Ordinance establishing within the City of Rochester an Urban Service District and !iptural Service District as separate Taxing Districts" was given its second reading. Upon motion by Strain, second by Powers 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 annexing to the City of Rochester, Minnesota, certain unpl-atted land not exceeding 200 acres in area, situated in Section 16, Township 107 North, Range 14 West, Olmsted County, Minnesota, and establishing the zoning therefdre- was 0 given its second reading (Reynolds Property). Upon motion by Powers, second by Ludowese, 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 annexing to the City of Rochester, Minnesota, certain unplatted land not exceeding 200 acres in area, situated in sections 33'and 34, Township 107 North, Range 14 West, Olmsted County, Minnesota, and establishing the Zoning therefor, was given its second reading. (Ray Arends Property). Upon motion by Ludowese, second by Powers, that the said ordinance be adopted as read and all voting in favor, President Postier declared the said ordinance duly passed and adopted. Upon motion by Powers, second by Larson, and all voting in favor, the meeting was adjourned. City Clerk IMFORMATION 1. Minutes of.-CommIttee-keeting 7-9-73 2. Claim for damages - C. Lair Referred to City Attorney for handling 3. Letter from MHD - Relocation of Utilities - Referred to Utility Department and -Public Works Division 4. Order of Public Service Commission - Signals at 9th St. S.E. and closing of 9k St. S.E. - Referred to Division of Public Works, Finance and Attorney. 5. Referred to Planning: 1. Application f6r Variance - G. Rasmussen. 2. Application for Variance - Thomas Doyle. 3. Petition for Annexation - J. Juhl. 4. Application for Variance - Gus-C-hafoulias. 5. Application for Conveyance by Metes and Bounds - J.E. Maldonado. 6. Petition for Zoning District Change Gus Chafoulias.