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HomeMy WebLinkAbout09-03-1974- RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 139 CITY OF ROCHESTER, MINNESOTA September 3,- 1974 - Regular Adjourned Meeting No. 14 A-1 President Postier called the meeting to order at 2:00 P.M the following members being present: President Postier, Aldermen: Kamper, Larson, Ludowese, Powers and Strain. Absent:.Alderman McNary. Ludowese moved, Powers seconded to approve the minutes of the August 5, and 19, 1974. Ayes (6), Nays (0). Motion carried. C-1 Powers moved, Kamper.seconded to accept the resignations of Mr. William Wenzel, Mr. Charles Hayes, and Mr. Lawrence Steffens of the Rochester Fire Department. Ayes (6), Nays (0). Motion carried. Strain moved, Powers seconded to promote Mr. Donald Leonard to the position of Fire Captain; Mr. Ralph Bernard to the position of Motor Operator and Mr: Jon Thiem to the position of Lieutenant in the Fire Prevention Bureau. These men were listed first on the list recommended by the Fire Civil Service Commission. Ayes (6), Nays (0). Motion carried. Kamper moved, Powers seconded to appoint the first three men standing highest on the eligibility list to the position of Firefighters with the Rochester Fire Department beginning September 16, 1974. Ayes (6), Nays (0). Motion carried.. C-2 Kamper moved, Strain seconded to approve the appointment of Val Stevens of 1623 Ninth Avenue S. E.. Mr. Stevens was top candidate certified by the Rochester Police Civil Service Commission. Ayes(6), Nays (0). Motion carried. E-2 Larson moved, Strain Seconded to approve the request to move a garage from 870 5th Avenue S. E. to a location outside of the City Limits. This has been approved by the Police Department and the Park Department. The Police Department approved of the route and the Park Department anticipated no tree removal problems. The request was received from Mr. William D. Latham 410 60th Avenue N. W. Ayes (6), Nays (0). Motion carried. E-3 Request -for a Rate Increase - Telepromter Cable TV.. Mr. Harold Krieger , Attorney for Teleprompter Cable Tv was present -and wished to be hard. Mr. Krieger stated that the present $5.45 rate would have to be increased due to the high cost of living, such as purchasing prices have risen sharply in the last year. This was discussed at a Committee of the Whole Meeting. Mr. Krieger intro- duced Mr. Kenneth Vail, Manager of Teleprompter Cable TV and he stated that the increase was needed. Teleprompter originally requested $7.25 as the rate increase, but Mr. Vail stated that they would accept the recommendation of the Finance Department of $6.50 as the new rate. Alderman Larson presented the question - How many channels are available for local origination. Mr. Vail stated at the present time, Channel 7. Alderman Larson stated that we should have some verification that this would not be cut. Mr. Vail stated that U) RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA September 3, 1974. - Regular Adjourned Meeting No. 14 Agenda Item E-3 they have no'thoughts at this time to cut any local origination. President Postier stated how long did they consider "At this Time" to mean. Mr. Vail stated that he believed no cuts would be made through 1975 in local origination. Alderman Ludowese questioned the senior citizen rate, and wondered if they would be given a cut or discount, Mr. Vail stated they would not be given special rates. Strain moved to accept the recommendation of the Finance Department increasing the Teleprompter Rate to $6.50 per month and -establish a standard.for- rate base and rate of return; and when these standards were developed, Rochester Ordinance 212 should be amended accordingly and to instruct the City Attorney to prepare an ordinance making the rate change. Kamper seconded. Ayes (6), Nays (0). Motion carried. E-4 Strain moved, Ludowese seconded to adopt Resolution No. 371 that has been prepared authorizing the execution of a change order in the contract for construction of second level loading facilities at the Rochester Municipal Airport for the deletion of a fixed jetwalk for North Central Airlines. This contract is between the City and Floyd Larson Construction Company of Rochester, Minnesota and to authorize the Mayor and City Clerk to sign said agreement. Ayes (6), Nays (0). Motion carried. E-5 Powers moved, Larson seconded to approve the request to move a garage from 1823 38th St. N. W. to 1330 3rd St. N. E. subject to Police Department approval of the route and time of moving. The Park Department has reviewed this and anticipate no tree removal problems.Ayes (6), Nays (0). Motion carried. E-6 There were no applications for licenses and bonds received in the City Clerk's office for presentation at this meeting. E-7 Powers moved, Larson seconded to approve a request for an "off - sale non -intoxicating malt liquor license to Ray Byrd, District Manager of the 7-Eleven Food Stores to be located at 300 Elton Hills Drive N. W. Ayes(6), Nays (0). Motion carried. E-8 Strain moved, Kamper seconded to approve Resolution No. 372 to the Marquette Bank and Trust Company substituting securities in the amount of $100,000.00; Resolution No. 373 to the_ _Northwestern Nationa Bank in the_ amount of $500,000.;�Resol.uti.on'No: '3Z4 to ane Rochester States Ba-nk and Trust Company -in the;:amount.:of $233,1;00.00. The.' latter ._;two are for additional securities.` Ayes (6), Nays,'(0). Moti-on'carried E-10 Petition to Vacate the Public East-West Alley from a point 15 feet East of West Lot line of Lot 25, Block 22, Northern Addition Eastward to Intersection of North -South Alley at Samaritan - Bethany Inc. 25 7th St. N. W. No action was taken, and the matter was referred to the October 7, 1974 Council Meeting. E-11 Powers moved, Larson seconded to table the request to advertise for bids, Watermain extension from 7th St.N. W. to Cascade Industrial Park - Project 7403-1-74 J 8493 until evening. Ayes (6), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE. COMMON COUNCIL 141 CITY OF ROCHESTER, MINNESOTA I Agenda Item E-12 E-13 E-14 E-15 E-16 F-1 F-1 Powers moved, Strain seconded to adopt the prepared Resolution No. 375 approving the plans and specifications and ordering bids for Curb and Gutter on 1st Avenue N. E. and 1st St. N. E. Bids are to be opened October.2, 1974. byes (6), Nays (0). Motion carried. Ludowese moved, Strain seconded to adopt the prepared Resolution No. 376 receiving the preliminary report and ordering a public hearing and directing preparation of plans and specifications in respect to Project 6203 1/2 - 3 = 74 J 8510 Widening and Resurfacing E-W Alley in Collin's Subdivision. The public hearing.to be set for October 7, 1974. Ayes (6), Nays (0). Motion carried. Powers moved, Larson seconded to adopt the prepared Resolution No. 377 determining adequacy of improvement petition, receiving pre- liminary report, ordering a public hearing and directing prepar- ation of plans and specifications in respect to the following - Establi.shing 7th Avenue and 8th Avenue S. W. as a One -Way Street North Bound. and setting the date of hearing for October 7, 1974. Ayes (6), Nays (0). Motion carried. Kamper moved, Strain seconded to proceed with the Junior College Deomonstration Bikeway authorizing the City Clerk to advertise for bids to be opened on September 25, 1974. Alderman Ludowese stated that the Rochester ROCOG was making a study on the need for this bikeway, and suggested that this item be tabled until the study is available. Aldermen Kamper and Strain contended that the Junior College needed this bikeway. Ludowese made a motion to table this until the ROCOG study is completed. Powers seconded. Ayes (4), Nays (2). Aldermen Kamper and Strain voting Nay. Motion carried. Kamper moved, Larson seconded to grant the request received from Lowell Ingvalson to move a house from 28-8th Street N. W. to outside of the City Limits . Mr. Curt Taylor, Director of Park and Recreation anticipated some cutting of trees would be necessary to move this house, and that expenses be borne by the owner and that the Police Department submit their approval of the route used. Ayes (6), Nays (0). Motion carried.( the house is owned by Wayne Thede of 1714 65th St. N. W. Rochester, Minnesota.. An Ordinance:.Annexing Lots_c-24 and 25 North Sunny Slopes to the City o.f *Rochester and the North half of .the town road adjoining . sai d lots, according to the plat thereof was given -its second reading. Ludowese moved, Larson seconded to adopt the ordinance as read. Ayes (6), Nays (0). Motion Carried. An Ordinance Annexing to the City of Rochester, Minnesota certain unplatted lands in part of the Southwest quarter, Section 11, Township 106 North , Range 14 West ( Minnesota Bible College Land ) was given its second reading. Larson moved, Ludowese seconded to adopt the Ordinance as read. Ayes (6), Nays'(0). Motion carried. J say RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item F-1 An Ordinance_relating to taxicab Service Increasing the maximum Rates therefor; and amending Rochester Code of Ordinances Section 157.130, as amended by Ordinance No. 1689 to read as follows: 157.130 Rates of Fare. No franchises, nor any of its agents, employees or drivers shall charge a greater sum for the use of a taxicab than the sums set forth in the following rate schedule; (1). For each load of seven passengers or less within the territorial limits of the city and for each such load between the city and the Rochester Municipal Airport in High Forest Township 75 cents for the first 1/6 mile or fraction thereof, and 10 cents for each additional 1/6 mile or fraction thereof. (2) For waiting time, 10 cents for each 1 1/2 minutes or fraction thereof after the first 1 1/2 minutes. (3), All Taxicab service shall be metered according to the rates set forth in this section. 'It (4), Subject to such approval of the Minnesota public service commission as may be necessary , a franchisee taxicab when not transporting passengers may deliver packages for any person from one point to another within the territorial -limits of the City between the hours of 9:00 a.m. and 3:00 p.m. for the fee of 75 cents. Kamper moved, Powers seconded to adopt the Ordinance as read. Ayes (6), Nays (0).Motion carried. F-1 An Ordinance Relating to Television Cable Service in the City of Rochester and Rates charged therefor; amending Rochester Code of Ordinances, Section 212.120 as follows: 212.120 - Rates. The grantee, its successors and assigns shall furnish television antenna service, without discrimination, at not to exceed the schedule of maximum rates set forth below, or at such other reasonable lawful and valid maximum rates as may be hereafter established from time to time by the Common Council under the rate regulatory powers vested in it by the Statutes of Minnesota and the Charter of the City. The grantee shall at all times keep on file in the office of the City Clerk complete and corre t schedule of rates currently being charged for television antenna service. RATE SCHEDULE Resident Commercial Installation $25.00 $25.00 Monthly Service Charge 6.50 7:50 Installation 2nd Tap 19.95 25.00 Monthly Service Charge for 2nd tap 2.50 3.75 was given its first reading. F-1 Ludowese moved, Powers seconded adopting Resolution No. 378 designate 9 I RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 1: CITY OF ROCHESTER, MINNESOTA September 3, 1974 - Regular Adjourned Meeting No. 14 L� F-1 F-1 F-1 F-1 F-1 G-2 A-1 Director,of Public Works as the Ex Officio City Engineer and is directed to perform all the duties that may by Charter, ordinance or otherwise from time to time be assigned the office of City Engineer. Ayes (6), Nays (0). Motion carried. Larson moved, Strain seconded to adopt Resolution No. 379 approving architectur.al'servi:ces contract between the City of Rochester and Weichselbaum HSR and Associates, and authorizing the Mayor and City Clerk to sign the agreement on behalf of the City of Rochester. Ayes (6), Nays (0). Motion carried. Larson moved, Ludowese seconded to adopt Resolution No. 380 awarding a contract to Clements Chevrolet Company for furnishing 2-1974 Chevrolet 4 door sedans in the amount of $5,900.00 plus trade-ins of 2-1969 Chevrolet 4 door sedans, and the Mayor and City Clerk are authorized to sign.said agreements on.behalf of the City. Ayes (6), Nays (0). Motion carried. Ludowese moved, Powers seconded to adopt Resolution No.381 awarding a contract.to Road Machinery and Supplies Company for furnishing one brush chipper in the amount of $4,605.00 and authorize the Mayor and City Clerk to sign said agreement. Ayes (6), Nays (0). Motion carried Larson moved, Ludowese seconded to adopt Resolution No. 382 awarding a contract to Neitz Electric and Appli:ance_=',Company for installation of Electrical equipment for the Zumbro River Sub -Station in the amount of $188,062.00 and authorize the Mayor and City Clerk to sign the contract documents on behalf of the City. Ayes (6), Nays (0). Motion carried. Larson moved, Strain seconded to adopt Resolution No. 383 authorizing contract amendment No. 1 to the Contract with EnERCO International, Inc. and the Mayor and City Clerk are hereby authorized to sign the contracts Thy D resulting in no change in the contract price of $631,482. Ayes (6), Nays (0). Motion carried. Ludowese moved, Strain seconded to remove tabled item -Request to move a house from 24-8th Street N. W. ( Fred Schnell ) to 1908 1st St. N. W. to be moved September ,1974. Ludowese moved, Powers seconded to approve this request. Ayes (6), Nays (0). Motion carried Having no further business the Meeting was adjourned until 7:30 P.M. Awards for the Safe Driving program for the City of Rochester will be presented at 4:00 P.M. by the Personnel Director and the Mayor. President Postier called the meeting to order at 7:30 P.M. the follow ing members being present: President Postier, Aldermen: Kamper, Larson , Ludowese, McNary, Powers and Strain. Absent: None. 144 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA September 3 1974 - Regular Adjourned Meeting No 14 Agenda Item B-1 Larson moved, Kamper seconded to amend the Resolution setting a new hearing date for September 16, 1974 on Reassessment on Lot 1, Christensen-Sehl Subdivision -Project 6255-1-70A J 8375. Ayes (7), Nays (0). Motion carried. B-2 Hearing on Watermain Extension 7th Street N. W. to Cascade Park Ind. Subdivision- Project 7403-1-74. Having no one present that wished to be heard, President Postier closed the hearing. Powers moved, Ludowese seconded to adopt the prepared Resolution No. 384 ordering improvement to be made and designating the engineer - Roger Plumb, City Engineer. Ayes (.3 ), Nays (0). Motion carried. B-3 Hearing on the Petition to vacate the underground Utility Easement that exists along the East side of Lot 4,,Sehl's Replat. No one present wished to be heard, President Postier closed the hearing. Kamper moved, Strain seconded to proceed and instruct the City Attorney to prepare a resolution vacating the utility easement that can be adopted._ Ayes (.7), Nays (0). Motion carried. B-4 Hearing on the application for approval of the Planned Unit Development ( Final Plan ) to be known as the Samaritan -Bethany Nursing Home located at 25 7th Street N. W. - Lots 7,8,9,10, 25, 26,27, and28 , Block 22, Northern Addition. Having no one present that wished to be heard, President Postier closed the hearing. Strain moved, Powers seconded to instruct the City Attorney to prepare an ordinance and resolution approving the Final Plan identifi ed as P.U.D. 73-15, Final Plan, dated received August 19, 1974 that can be adopted: Ayes (7), Nays (0). Motion carried. E-1 Ludowese moved, Strain seconded to adopt the prepared Resolution No. 385 authorizing the City Clerk to advertise for bids for remodeling the former Juvenile Bureau consisting of central air conditioning lowering of the ceiling, new lighting and related decorative improvements, and the architectural firm of Pieper -Richmond to prepay the necessary plans and specifications. Ayes (7•-), Nays (0). Motion Carried. E-9 Powers moved, Kamper seconded to approve the semi-monthly bills ( list attached in the amount of $411,000.27. Ayes-(7) , Nays (0). Motion carried. E-11 Ludowese moved, Kamper seconded to remove the request for advertising for bids on Watermain extension from 7th St. N. W. to Cascade Industrial Park Subdivision Project 7403-1-74 J 8493. Ayes (1), Nays (0). Motion carried.Ludowese moved, Powers seconded to adopt Resolution No. 386 approving the plans and specifications and orderin bids to be opened at 11:00A.M. October 2, 1974. Ayes (1), Nays (0). Motion carried. F-1 An Ordinance rezoning of the Dison Property on North Broadway from RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL '14.5 _CITY OF ROCHESTER, MINNESOTA September 3, 1974 - Regular Adjourned Meeting No. 14 I I Agenda Item G-1 D-1 F-1 B-2FF to B73FF,.- 8-2 .FF;:Central Business :Dlst.rict -- Lots 7 thru 12; B1-ock 50, and..all :of Block.51., Original. -Plat .according ;to .the plat thereof on -'-file and' of record in" the office of the Register of Deeds for Olmsted County Minnesota B-3FF General Business District The East half of Block 47, all of Blocks 48 and 49, and Lots 1 through 6, Block 50, Original Plat according to the plat thereof on file and of record in the office of the Register of Deeds for Olmsted County, Minnesota. was given its second reading. Ludowese moved, Powers seconded for adoption. Upon Roll Call Vote, Aldermen Kamper, Larson, McNary and Strain voted Nay,, and Aldermen Ludowese, and Powers voting aye and President Postier voting aye - Ayes (3), Nays (4). The Ordinance wds not passed nd the rezoning is denied. See correction of vote on the September'1�9 1974 minutes. Kamper moved, Larson seconded to remove from the table the removal of parking on the one side ( North side ) of 9 1/2 Street S. E. This was tabled in order to allow a letter to be sent to the property owners in the general area involved. A majority of those commenting would prefer that parking be prohibited 7:30 A.M. to 5:30 P.M. Monday thru Friday except Holidays. They prefer parking on both sides evenings, holidays, and week -ends. Mrs. Allen Joyce of.228 9 1/2 Street S. E. was present and agreed with the majority as stated above. Mr. John Dolan, Traffic Engineer stated that the street was to narrow to allow parking on both sides at any time, emergency vehicles would be unable to go through. -Kamper moved, Larson seconded to accept the recommendation of the Traffic Engineer and Instruct the City Attorney to prepare a.resolution establishing a No Parking Zone under Section B to read as follows: 9"1/2 Street S. E. on the North side of the street between 1st Avenue S. E. and 3rd Avenue S. E. Ayes (6), Nays (1). Alderman Strain voting Nay. Motion carried. Request to issue Industrial Development Bonds.( G. Baihly - C. Hiley.) This would be used for the construction of a Midway Motor Lodge and Hoffman House Restaurant complex. If they received initial approval, plans and specifications and other documents would'be drawn up and present a final application for the City to authorize the issurance of the bonds and they could begin construction of the proje Mr. George Baihly of 1805 Salem Road was present and wished to be heard. Mr. Baihly presented 'Mr._'Gordon-.,Medl"ock of the Rachen Company home office New York City, New York;-and'Di-strjct office of South Bend Indiana. Mr. Medlock explained the issurance of the bonds, etc. Powers moved, Kamper seconded to instruct the City attorney to preparea resolution approving the use of the Industrial Develop- ment Bonds for the construction of a Midway Motor Lodge and Hoffman House Restaurant complex. Ayes (7), Nays (0). Motion carried. Lauson moved, Ludowese seconded to adopt Resolution No. 387 vacating the Public Utility Easement in Lot 4, Sehl's Replat. Ayes (7), Nays (0). Motion carried. :t. I Ara RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA September 3, 1974 - Regular Adjourned Meeting No. 14 Agenda Item F-1 Strain moved, Kamper seconded to approve Resolution No..388 approving the Final Plan of PUD-R-16 ( Samaritan -'Bethany_ Nursing Home ). Ayes (7), Nays (0). Motion carried. F-1 Kamper moved, Larson seconded to approve a Resolution No. 389 to amend the Personnel Policy to require that Section 1 be amended as follows: (1). Except as hereinafter provided, all employees of the City must reside within the territorial limits of Olmsted County or within a radius of 20 miles from the intersection of Center Street and Broadway, whichever is a greater distance. New employees not residing within the above territorial limits at the time of employ- ment must establish residence there=i.nrnot later than 12 months after date of employment. The term "reside" shall mean the primary, permanent and continuous residence of an employee from which he is absent only temporarily and to which he intends to return whenever temporari,l:y absent. Upon Roll Call vote, Aldermen Kamper, Larson, McNary., Powers and Strain voted Aye, Ayes(5), Alderman Ludowese and President Postier voted Nay ,Nays (2). Motion carried. F-1 An Ordinance rezoning certain,' property creating a Planned Unit Development District known as PUD-R-16 and amending Ordinance No. 1659 known as the Zoning Ordinance of the City of Rochester, Lots 7,8,9,10,11 25,26,27 and 28 and the vacated east -west public all y which lies between a point 15 feet east of the west line of said Lot 25 easterly to -the intersection with the north -south public alley , all in Block 22, Northern Addition to Rochester, according to the plat thereof on file and of record in the office of the Register of Deeds. ( Samaritan - Bethany.Nursing Home ). was given its first reading. Having no further business, Strain moved, McNary seconded to adjourn the meeting until 7:30 September 16, 1974. Ayes (7), Nay (0). Motion Carried. Information : September 3, 1974. City Clerk 1. Minutes of the Standing Committee - August 5, 1974 2. Minutes of the Standing Committee - August 12, 1974 3. Minutes of the Standing Committee - August 19, 1974 4. Referred to the Planning and Zoning Department: a. Petition to vacate the utility easement in Lots 1,2,and 3, Replat of Folwell Subdivision SW ( Wendland and Robertson ). b. Petition to vacate the public alley adjoining Lots 7-11 and 25-28 Block 22, Northern Addition ( Samaritan -Bethany Inc.). I