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HomeMy WebLinkAbout11-19-1973�39 I • 1 1 0 Record of Official Proceedings of the- Common --Council of the City of Rochester, Minn., November 19, 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 November 19, 1973. �s President Postier called the meeting to order at 7:30 P.M., the following. i members being present: President Postier, Aldermen Kamper, Larson, Ludowese, McNary, Powers.. - Ab'sent : Strain.. _ I. Upon motion by Ludowese, second by Kamper, with all voting in favor, the minutes of the November 5, 1973 meeting were approved. Hearing on Petition to vacate that part of the Alley Lying adjacent to and East of Lots 1-7, Inclusive in Block 3.of.Flathers Addition. Present and wishing to be heard was I Mr. Richard Ehrick, representing'St-..Mary's hospital and is in support -- of the petition to vacate this North -South Alley. The alley itself is only 13k feet II i wide and never been opened , but a storm sewer is in this alley. This was constructed a long time ago, the land on each side of the alley is owned by St. Mary's hospital, St. Mary's would like to use this lot.*as parking for staff doctors and personnel. On �I September 26, 1973 the City Planning and Zoning Commission considered the above peition, �I and recommended that this alley be vacated. Having no one else present -that wished to i'. be heard, President Postier officially closed the hearing. Upon motion by Kamper, second by McNary., and all voting in favor, with Ludowese abstaining, the City Attorney g y y was +' instructed to prepare a resolution vacating the alley. 1 Hearing on the Official Street Map -6th Street S.E-3rd Avenue S. E. to 1, Broadway. This future street has been proposed on the City's Thorofare Plan i �+ but to date no right-of-way has been acquired, and one of the property owners would like I' to construct a building on one of the parcels within the proposed right-of-way. Mr. Robert Patterson and is representing Fullerton Lumber Company and would like to know what fI the Council is going to do so that Fullerton could build. He stated that this has been II on the books for 6 years and Fullerton has signed papers to build on the sight they now �I have. Placing this on the Official Street map would involve passing an ordinance, but l having public readings first. Alderman Larson stated that the Alderman did meet with Fullerton on compromising on opening 6th Street or buying the land, but they did not come I to any agreements. Alderman Larson made a motion to instruct the Building and Safety to refrain from issuing any permits in any area for street right"of-way purposes on 6th Street S.E. The motion died for lack of a second, Having no one else present that wished to be II heard, President Postier Officially declared the hearing officially closed. Upon motion by I� Larson to proceed and instruct the City Attorney to prepare an ordinance, this was second I I by Powers and all present voting in favor, with Ludowese, and Postier voting "nay", the � � order was passed. i Hearing on the Application for Approval of the Planned Unit Development it(Final Plan) to be known as Center Court Apartments. Having no one present that wished to E ;i �� II it Record of Official Proceedings of the "Common Council of the City of Rochester, Minn., November 19,1973 • GY�6'025E _ be heard, President Postier ::.-.declared"the,,hearing officially -closed. Upon motion by Powers and second by Kamper to adopt a resolution approving the final plan and instructing the City Attorney to prepare an ordinance designating this area as a Planned Unit Development District. All present voted in favor. Upon motion by Larson, second by Powers, and all voting in favor, the following appointments by Mayor Smekta, to serve on the Heating, Ventilating and Air Conditioning Board of Review were approved: John A. Scheid of 2502 14th Avenue N. W. for three years whose term expires November, 1976, and Lloyd Collopy of 1305 8th Avenue N. E. for thee years whose term expires in November, 1976. Petitbn for Extension of 19th Avenue N. W., to 41st Street N. W. for the grading and surfacing with the construction of curb and gutter along the portion to be extended. Upon motion by Ludowese, second by Kamper, with all present voting in favor, the prepared resolution referring thepe,titon to the City Engineer for a feasibility report was adopted. A- motion was made by Larsona_ second-' ddowese `with_ allpresentvot-ing in favor to .instruct the Mayor and,City Clerk to execute a contract' agreement with: Kirkham;_ Michael ,,and^Associates, 'Inc.; Wallace, 'Holland,-Kastler, Schmitz andL Company --a"joint, -venfure to=do .studies in conjunction with the Sewage Treatment Plant to upgrade project:-•r— Total estimated-.� cost' is- $205,000.00- - Request to increase Impound .Towing,'.Charge from the Rocheder Police Department ;Ito amend the Rochester Code of Ordinances, Section 151.040 Sub. (d) to require a towing I; . fee of $10.00 instead of the present charge of $7.50. Upon motion by Powers, second by McNary, with all present voting in favor1i�structing the City Attorney to prepare an.ordinance increasing the impound towing fee. Recommendation to authorize for the advertisement for bids for mobile and portable radio equipment to be used in conjunction with the radio tower and base station which is being presently installed in the new police/sheriff office in the Olmsted County Courthouse. Upon motion by Ludowese, second by McNary, with all voting in favor, the `prepared resolution was adopted. Recommendation from the Airport Commission to execute a, -contract agreement between I the City -and Miller-Dunwiddie, Inc., Architects, to prepare the plans and specifications for the Second level loading project at the Rochester Municipal Airport terminal building. ii Compensation for services rendered will be on the basis of payroll costs times a factor of 2.5, or a maximum of 7.1% of the project cost in accordance with the fee schedule IIrecommended by the -Minnesota Society of Architects for this type of project. Construction of these facilities is expected to commence in May or June, 1974 with completion in early ;spring, 1975. Upon:;motion by Kamper, second by Powers, with all voting in favor, the ;'prepared resolution was adopted authorizing and directing the Mayor and City.Clerk to execute ;this contract agreement. { 1 11 1 1 • 1 0 Record of Official Proceedings of the Common Council of ._the City of Rochester, Minn., November 19, 1973 641 1 1 is 1 I.ecommendation from the Rochester Airport Commission on the following items: 1. Change order on Sanitary Sewer contract increasing the previously reduced contract price by $6,800. ( Minn. Project # 5501-31). This is needed for the excavation of approvimately 1,000 feet of rock. Change order to be signed by -the' Mayor and forwarded to the Department of Aeronautics. 2. Authorizing payment to R. Dixon Speas, Inc. in the amount of $12,326 in conjunction with the Airport Master Plan (437. complete.) 3. Authorizing Mayor and City Clerk to execute a new nontract with McGhie &'.'Betts for Airport consultant work, which specifically covers the work to be done on the airport security fencing. This new contract is required by the FAA, which states that the work to be done must be specified in the contract. The City's contract with McGhie and Betts presently does not specify projects to be done. 4. Authorizing payment of $4,031.63 to McGhie & Betts for services performed in conjunction with airport sanitary sewer. Upon motion by Larson, second by Ludowese, with all voting in -favor, the above documents were.approved. Tp'on .:totion.,by, Ludowese , second by Posers 9 . with all voting .in favor,, -the -following license applications were approved and the City Clerk 'instructed t6 issue, the licenses c , Application•forzl ceases=--td--se1J1,Cigaretts at Retail were received from: Parkway Grill 309 3rd Avenue S. E., The Look Nook 1219 2nd St. S. W., Frank's Mobil 1005 N. Broadway, Kuperus Northgate Standard 1303 7th St. N. W.; Kuperus Standard 1703 Second St. S. W. Request to Advertise for bids for furnishing the following materials and equipment: (1) Ten trucks including: 1. 3/4 ton pickup for Traffic Eng. Dept. (2) 1/2 Ton pickup for the Public Utility Dept. (1) one ton sept van for the Public Utility Dept. (1) 3/4 ton pickup for the Sewer Collection Dept. (1) 1/2 ton Panel truck for the Sewage Treatment Plant. (1) 18,500 GVW Chassis for the Park Dept. (3) 25,500 GVW chassis for the St. and Alley Dept. 2. ( 3) 4-5 Cubic Yard dump boxes - 3. The year's supply of gasoline. Said bids are to be opened at 11:00 A.M. December 5, 1973. Upon motion by Kamper, second by Powers, with all voting in favor, the request was granted. Recommendation from the Personnel Department to approve resolutions for signing labor agreements with the Local 49, Operating Engineers of the Park Department; and the agreement with the Operating Engineers, Local 49 of the Street and Alley and Sewer Collection, and Refuse Disposal Divisions. Changes in the agreements are as follows: 1. 30-4,/hr in 1974 2. 5% + COL factor in 1975 3. Revised vacation schedule 4. Allowance for safety shoes increased to $15.00 5. City to pay 907. of dependent hospitalization premium 6. Mechanics and sander operators were given an extra 5C. 7. Flusher operators and crew chiefs in the Park Dept. were upgraded from EO 2 to EO 3. Upon motion by Kamper, second by Powers, with all voting in favor, the two resolutions authorizing the Mayor and City Clerk to sign the labor agreements were approved. Recommendation from the Planning Department on the application for approval of the Preliminary Plat of Cascade Industrial,; Park Addition. • I'A 642. Record of Official Proceedings of the Common Council of the City of Rochester, Minn., November 19, 1973 JA motion was made by Ludowese, second by Larson, with all voting in favor to approve this plat subject to the following conditions: 1. Because of the flooding potential, this land will have to be filled approximately'2 - 3 feet before any building can take place. 2. The Frontage Road across Lot 1, Block 1, indicates that it will cross a portion of highway right-of-way,. .The Minnesota Highway Department has said that this is usually not a difficult problem to solve, but will have to be resolved before road construction can take place. 3. The right-of-way width of the service drive is not shown. The Subdivision Ordinance requires a minimum right-of-way of 40 feet for a frontage road. 4. Approval will have to be obtained from both the Minnesota State Public Service Commission and the Chicago & Northwestern Transportation Company before construction can begin on the new 37th Avenue N.W. railroad crossing. •We have referred a copy of the plat to each of these agencies and they have agreed to comment, however; ,Vp have had no reply from them at this time. 5. The developers should contact the City Water,Department concerning the watermain sizing, location, valuing and hydrants. (See attached letter.) 6. Some indication should be given either on the preliminary plat or by 1 letter that there will be public vehicular access between the easterly. .boundary of this plat and the only access onto Highway 14, which is some 800 feet easterly of the southeast corner of this subdivision. 7. The southerly boundary of this plat should be4designated as no access. This will make it clear that vehicular access to U.S. 14 is limited to certain designated locations. 8. The future industrial uses in this area could generate a sizeable increase in traffic volumes accessing onto T.H. 14. This should be evaluated by the City Traffic Engineer. 9. The covenants and restrictions as submitted with the preliminary plat have restrictions that are less -restrictive than the Zoning Code. When t this is the case, the more restrictive provisions of the Zoning Code would apply, however, there would undoubtedly be a great deal of misunder- standing from this. The Zoning Code requirements in the M-2 District are as as follows: a. A minimum front yard of 35 foot. b. No parking in the front yard. C. Lots can only be subdivided in accordance with provision 41.400 of the Subdivision Ordinance. 10. A temporary cul-de-sac should be provided at the westerly end of the frontage road. 11. Will an easement beyneeded to provide and unobstructed right-of-way for future tracks? 12. This area has a very high water table and we feel that this should be indicated on the plan and profile sheets. 13. The word "addition" in the title be changed to "subdivision". 1 1 1 Is 1 I* Record of Official Proceedings of the Common Council of the City of Rochester, Minn., November 19,- 1973 643 0 LJ 1 1 Recommendation from the Planning Department on the application for Approval of the Planned Unit Development (-Revised Preliminary Plan ) of Green Meadows Village Phase I. Upon motion by Kamper, second by Powers, with all voting in favor, the Plan was given approval. Recommendation from the Planning Department on the Peition to Annex Lot 1, Toogood Subdivision (522 16th Street S. W.). Upon motion by Powers, second by Ludowese, with all voting in favor, the City Attorney was instructed to prepare an ordinance for adoption. Recommendation from the Planning Departtment on thePetition w to vacate a part of the Utility Easement'on the E� of 3rd Avenue S. W. between 16th Street S. W. and 17th Street S. W. Upon motion by Ludowese, second by Larson to adopt the prepar- ed resolution setting the date for a public hearing. A motion was'made by Larson, second by McNary, and passed unanimously, that the semi-monthly bills, list attached , in the amount of $627,473.50 be.approved. Recommendation from the Planning Department on the Petition to annex the Hoffman and Schroeder Property located in parts of Section 16-17-20 and 21 Cascade Township.- A -motion was made by Powers, second by Ludowese to table this until the Committee of the Whole had a chance to discuss this matter, all present voted in favor. Recommendation from the Public Works Department, Traffic Ditision to amend resolution initiating project at North Broadway and 7th Street. A motion was made by Powers, second by Kamper with all voting in -favor to adopt the prepared resolut amending a resolution adopted on September 7, 1972 as follows: 1. The resolution indicates it's more than one project which is not the case. 2. The ftte would like us to indicate the requesting of 25% participation where the percentage was left out before. 3. The existing resolution requests the State to prepare plans and specifi- cations for the work on Broadway. Both the State and our department believe it would be best if the City prepares the street plans and the State prepares the signal plans. A motion was made by Larson, second by Powers, with all voting in favor to retain Smith, Larson and Company, Certified Public Accountants, to perform the post audit on the City's financial affairs for the 1973 fiscal year. Request was received from Wayne Maas of Medford, Minnesota to move two houses from the Rochester State Hospital out of,:town. Bruce Spencer of Wells, Minnesota has been retained to handle the moving. Mr. Spencer is not licensed in Rochester to move houses. Upon a motion by Ludowese, second by McNary, with all voting in favor to grant the license, subject to Mr. Spencer purchasing a license for $30.00 and.furnish a bond for $7,500.00. Resolution on the amendment to "Land Use Plan" entitled "Proposed amendment to Land Use:Plan - East Center Street to Chicago and Northwestern Railroad between Second Avenue Northeast and the Zumbro River" Dated October 19, 1973. Upon motion • by Ludowese, second by Kamper, with all voting in:;favor, the resolution was adopted. I, 644 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., __ November 19, 103 0 Resolution'on approval of plans f6r County State Aid Project No. 55-625-07 for Construction of County State Aid Highway No. 25. Upon motion by Larson, second by Powers; with all voting in favor, the resolution was adopted. . Resolution for the Approval -of Public Utility Board contract with Prairie Tank and Construction Company for one Fuel Oil Storage tank in the amount of $60,536.00 Upon motion by Larson, second by Powers, with all voting in favor, the resolution was adopted. Resolution on the Approval of Public Utility Board contract with Crescent Electric Company for 10,000 Ft. 600 volt UD Cable in the amount of $4,957.00. Upon motion by Kamper, second by Powers, with all voting in favor, the resolution was adopted. Resolution for the approval of Public Utility Board purchasev�order contract with United Electric Corporation for 25,000 Ft. 15 KV UD Cable in the amount of $9,425.00. Upon motion by Larson, second by Ludowese, with all voting in favor, the resolution was adopted. Resolution on the approval of Contract between the City and Miller-Dunwiddie Architects, Inc., for Architectural Services for second level gate lobbies'and miscellaneous extension and remodeling of the Rochester Municipal Airport terminal building. Upon motion by Kamper, second by Ludowese, with all voting in favor, the resolution was adopted. Resolution for the approval of contract between the City of Rochester and Weis Builders, Inc., for construction of'improvements in Valhalla Fourth Subdivision entitled "Watermain•Extersion in Easement in Lot 1, Block 1, of Replat of Lots 1-7, and 9-14, Block 5, Valhalla Fourth Subdivision. Upon motion by Kamper, second by Ludowese, and all voting in favor, the resolution was adopted. Resolution on the Approval of Public Utility Board purchase order contract with Rochester Sand and Gravel Company for Construction of Gas Turbine foundations and fuel oil tank foundations in the amount of $149,000.00. Mr. Ron Seeger, and represented Alvin Benike Construction company and he wishes to have the Council reject the bid of Rochester Sand and Gravel and award this to the bidder that came near to the completion date that was stated in the proposal. He stated that this called for a completion date -of December 31, 1973 and that a contract had been awarded to Westinghouse for a gas turbine scheduled to be shipped December 31, 1973, and it is expected that the foundation be completed. Alvin Benike Construction Company using that completion date was high, and Mr. Seeger stated that if the award was .to be made to the low bidder he will challenge it. Mr. Seeger stated that the term "regardless of.weather" indicated that the.work must be done by then. He also stated that the firm used extra expenses to meet the early deadline. 1 40 7 L L 0 1 9 • Record of Official Proceedings of the Common Council of the City of Rochester, Minn., November 19, 1973 0 1 1 i '1 Mr. Phil Fuller of Minneapolis, the Utility Board's consulting Engineer on the project stated that use of the word " expected" did not make December 31, 1973 completion a must. A blank space on the bid sheets was provided to fill in a completion time. He stated three of six bidders on the project had entered dates later than December 31, 1973 and the other three had stated December 31, 1973. Mr. Mark Hinderman of Rochester Sand and Gravel stated that the work "expected " arose a question to them, and they called the engineers and clarified this which is why they bid on the completion date of January 15, 1974. Mr. Benike meted that an addendum was sent out dated November 9, 1973, that the date of December 31, 1974 was changed to read December 31, 1973. However, the wording of the rest of the bid specifications was left the same. Bids were opened for this project on . November 13, 1973. Mr. Gerald Swanson, City Attorney stated that he did not believe the specifications limited bidders to a December 31 completion date, and that the addendum only changed the obvious typing error of December 31, 1974 to December 31, 1973. Upon motion by Kamper, second by McNary and upon roll call with all voting Aye , James. Powers voting Nay, the resolution awarding the low bid of Rochester Sand and Gravel for $149,000 was adopted. An Ordinance Relating to the Licensing of Dogs and Cats and License Fees; amending Rochester Code of Ordinances, Section 170.040, and Repelling Section 170.030, as amended by Ordinance No.1668, was given its second reading. A motion was made by Ludowese, second by Powers, that the said ordinance be adopted as read and all present voting in favor, President Postier declared the said ordinance duly passed and adopted. An Ordinance Rezoning Certain property, creating a Planned Unit Development District known as PUD- I - 10 Planned Unit Development and amending Ordinance No. 1659 known as the Zoning Ordinance of the City of Rochester, Minnesota ( Rochester Methodist Hospital ) was given its second reading. A mothn was made .by Ludowese, second by Powers, that the said ordinance be adopted as read.and all present voting in favor, President Postier declared the said ordinance duly passed and adopted. An Ordinance Annexing to the City of Rochester, Minnesota, certain platted lands in Toogood's Subdivision of a Part of the Southwest Quarter, Section 11, Township 106 North, Range 14 West, Olmsted County, Minnesota was given its first reading. An Ordinance relating to the Municipal Planning; designating land needed for future public use; regulating the construction of buildings and structures thereon; and adopting an official map # 4 ( relative to the extension of 6th St. S.E. betweeni Third Avenue Southeast and Broadway was given its first reading. 0 F - 646 Record of Official Proceedings of the Common Council of the City - of Rochester, Minn., November .19, 1973 0 An Ordinance relating to the regulation of refuse collection in the City of Rochester and collection charges; amending Rochester Code of Ordinances, Sections 130.560 and 130.600, as amended by Ordinance Nos. 1671 and 1725, was given its first reading, Upon a motion by Ludowese and second by Powers to set the rate of the refuse collection rates at $4.35 for a twice a week pickup.All present voted in favor, Alderman Kamper voted nay. A motion was made by McNary, second by Larson to instruct the City Administrator to set up some kind of plan to section the City for refuse collection by June 1, 1974, so that if the rates need adjusting in the future, the City can refer to this study. All present voted in favor, President Postier voted nay. A motion was made by Kamper to adopt a resolution to transfer and appropriated from the General Fund Contingency account to the 1973 Mayor's Contingency account the sum of $500.00. This was second by Ludowese, with all present voting in favor. A motion was made by Larson, second by Powers, with all voting in favor to prepare a resolution to congratulate the John Marshall Football team for winning the State High School Football tournament. Upon motion by Powers, second by Ludowese ardall voting in favor, the meeting was adjourned until 2:00 P.M., December 3, 1973. CITY CLERK Information -. 11-19-73 1. Letter from Thomas Wolf re: School zone signs in area of St. John's grade school ( referred to Traffic Engineer). 2. Letter from Elmer Wetenkamp re: parking problem at 4th St. and 3rd Ave.S.E. ( referred to Traffic Engineer for review and report ). 3. Letter from Mrs. Leslie Schoonover, 15- 14th Avenue N.E. re: refuse collection fees. 4. Claim for damage - Mrs. Maynard Rouhoff, Hayfield, Mn ( referred to Attorney, Insurance). 5. Referred to the Planning and Zoning Department: a. petition to annex Lot 48, North Sunny Slopes ( Charles G. Moertel ) b. p dition to annex the W'k, Lot 6,.and Wk Lot 5, Golden Hill Add. ( Thomas Bass ). c. application for a variance at 1006.14th Avenue S. W. ( John Perkins ) d. petition to vacate a portion of Rolling Greens 3rd Add.( Kruse Co.) 1 i 1 1 i 1'