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HomeMy WebLinkAbout11-04-1974RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA November 4, 1974 - Regular Adjourned Meeting No. 20 1'7'7 I Agenda Item A-1 D-1 E-1 E-2 E-3 President Postier called the meeting to order at 2:00 P.M., the following members being present: President Postier,.Aldermen Kamper'_;Larson, Ludowese, McNary and Powers. Absent: Adlerman Strain. Larson moved, Powers seconded a motion to approve the minutes of October 21, 1974. Ayes (6), Nays (0). Motion carried. Mr. Kenneth Smith of 1847 16 1/2 St. N. W. and wished to speak to the Council on behalf of the Carpenters Local No. 1382 he stated that the'work-performedlby the employees of the Park Department on the backboards on the swimming pool etc. is work of the Carpenters Union. Mr. Curtis Taylor responded and stated that the work mentioned was left out of the original contract primarily to keep the price down, and donations were expected to help, and with this in mind, they were not included in that contract. They are hoping to open this new center in mid December, and this would not be happening if they cannot install these, materials. If this were to be done by the Carpenters union, bids may have to be taken, and it could take quite a while before the center could open. Park Department employees have time to do this work. Wishing to be heard was Sam Parker of 2712 25th Avenue S. E. and is the Painters Union manager and stated that the City of St. Paul adopted a new ordinance licensing all building contractors, home building contractors and also all contractors pertaining to building of homes to protect the home buyer and also the senior citizens. He is hoping that the City of Rochester would do some- thing similar. Larson moved, Kamper seconded to refer;.. the said petition received for sewer and water extensions to serve the proposed new building for the Hiawatha Chi-ldrens Home at the NE corner of Assisi Heights to the Public Works Department for a feasibility report. Ayes (6), Nays (0). Motion carried. Request for Final Payments on Sewer Collection System at the Rochester Municipal Airport to McGhie and Betts Consulting Engineer was held to another meeting when corrected figures could be obtaine, Kamper moved, Powers seconded to instruct the City Attorney to prepare an ordinance adopting the recently amended State Building Code and which includes the 1973 Uniform Building Code by reference and increasing the building permit fees. Alderman Larson stated that a meeting with the home builders regarding this ordinance should be set up before the ordinance is adopted. Ayes (6), Nays (I Motion carried. Powers moved, McNary seconded to approve the dance permits for the following: Jobs Daughters -Bethel # 13 to conduct a dance at the Armory on November 23, 1974 and to Ben Sternberg to conduct a dance at the RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA November 4, 1974 - Regular Adjourned Meeting No. 20 Agenda Item Mayo Civic Auditorium on November 8, 1974. Ayes (6), Nays (0). Motion carried. E-4 Larson moved, McNary seconded to grant permission to Lysne Construc. ion Company of Blooming Prarie, Minnesota to move two houses from 25 - 6th St. N. E. to 1920 1st St. N. W. and from 29 7th St. N. W. to 103 1st Avenue N. E. The routes have been checked by the Police Department, Public Utility and are subject to pay for any damage done to the trees as evaluated by the Park Department. Ayes (6), Nays (0). Motion carried. E-5 Powers moved, Kamper seconded to approve the license to sell cigarettes received from Joe's Beer and Grocery - 513 2nd St. N. W. Ayes(6), Nays (0). Motion carried. E-7 Larson moved, McNary seconded to instruct the City Attorney to prepare an amendment to the Subdivision Ordinance to include a street identification system for subsequent adoption. Ayes (6), Nays (0). Motion carried. E-8 Kamper moved, McNary seconded to approve the prepared Resolution No. 440 setting the date for hearing on December 16, 1974 on the petition to vacate the 10 ft. Utility Easement on the Southerly 5 Ft. of Lot 9, Block 2, and the Northerly 5 Ft. of Lot 8, Block 2, Valhalla Third Subdivision. Ayes (6), Nays (0). Motion carried. E-9 Larson moved, Powers seconded to set a hearing date for November 18, 1974 on the. Preliminary Willow Creek Land Use Plan. Ayes (6), Nays (0). Motion carried. E-A 1, McNary__move.d,._ Powers Vseconded. t-he ..moti_on to_ authorize `=the -City .Clerk to •adverti se for bids 'on.Stree.t: Improvements on .2n_d ,Street S'.' W.. from llth Avenue.-S. W. to, 16tii_ Avenue S. W. to .be _openedon December 11; =197.4 at. 2 00 P. M. This. i's_a -Federal -Project °and _must be_,advert- ised according -to .Federal Aid Regulations.-* Ayes (6)-! Nays.(0): Motion carried. E-12 Powers moved, Kamper seconded to adopt the prepared Resolution No. 441 approving plans and specifications and ordering bids for Street Improvements on 4th Avenue N. W. - llth Street N. W. -to 14th St. N.' Bids to be opened on December 11, 1974 at 2:00 P.M. Ayes (6), Nays (0). Motion Carried. S.A.P.159-107-06 J 8434 P. No. 6304-4-74. E-13 Larson moved, Kamper seconded to adopt the prepared Resolution No. 442 approving the plans and specifications and ordering bids for Project No. 6216-3-74 J 8486 Watermain in 16th Street S. W. from Co Road # 125 to Trunk Highway 52 plus Sanitary Sewer Extension to ser Lot 1, Block 4, Apache Mall Shopping Center Subdivision. Bids to be opened on December 11, 1974 at 2:00 P.M. Ayes (6), Nays (0). Motion Carried. ty 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA November 4, 1974 - Regular Adjourned Meeting No. 20 I I E-14 McNary moved, Powers seconded to adopt the prepared Resolution No. 443 approving the plans and specifications and ordering bids to be opened on December 11, 1974 at 2:00 P.M. on the Improvements on 14th Avenue S. W. between 2nd St. S. W. and St. Mary's entrance - Project 6314-3-66. Ayes (6), Nays (0). Motion carried. E-15 Ludowese moved, Powers seconded to adopt Resolution No. 444 re- apportioning the previously levied assessments - J 8246 and J 8373 & 8049 as follows: 1. The original assessments to Plat 5220 Parcel 03500 for Project 5821-6-69 J 8246 in the amount of $2,458.00 be apportioned to Plat 1220 Parcel 500 ( Lot 5, Block 1 French's lst'Subdivision plus all the applied interest. 2. The original assessment to. Plat 5220 Parcel 03500 for Projects 5821 - 8- 71 J 8373 and 5821- 6- 66B J 8049 in the amount of #3,384.64 be reapportioned as follows: a. To Plat.1220 Parcel 200 ( Lot 2., Block 1, French's 1st Subdivision)a portion in the amount of $1,234.62 plus 36.48% of the applied interest. b. To Plat 1220 Parcel 300 ( Lot 3, Block 1, ( French's 1st Subdivision)a portion in the amount of $2,150.02 plus 63.52 of the applied interest. Ayes (6 ), Nays (0). Motion carried. E-17 Larson moved, Powers seconded to deny the petition to remove the loth Street N. W. Footbridge. A petition signed by 32 people requesting that this bridge not be removed was presented by Aldermar Larson. The motion by Alderman Larson included narrowing the approach of this bridge to motorized vehicles and a.request for the Public Utility Department to add lighting or move more lighting hear ±-thO�footbr dge.. Ayes (6), Nays (0). Motion carried. E-18 Kamper moved, Larson seconded to instruct the City Attorney to prepare a resolution amending subsection (129) of Section B, to read as follows: (129) Sixth Street S.E. on the north side of the street from.Third Avenue S.E. to Fourth Avenue S. E. at all -.-,times. Ayes.(6), Nays (0). Motion carried. E-19 Larson moved, Kamper seconded to instruct the City Attorney to prepare a resolution removing the following lands from the Rural Service District as established by Ordinance No. 1466: 1. 19 Norwest, 2. The Meadows First Subdivision, 3. Green Meadows Second Subdivision 4. Summit Square Second Subdivision 5. Penning- ton First Subdivision, 6. Pennington Second Subdivision, 7. Green Meadows Third Subdivision 8. Meadow Park Ninth Subdivision, ISO RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA November 4, 1974 - Regular Adjourned Meeting No. 20 Agenda Item 9. Elton Hills East Eleventh Subdivision, 10. Pennington Third Subdivision. Ayes (6), Nays (0). Motion Carried. E-20 Ludowese moved, Kamper seconded to set a date for public hearing on November 18, 1974 on the Proposed Amendment to Zoning Code to permit Front Yard Offstreet Parking. Ayes (6), Nays (0), Motion carried. F-1 An Ordinance Relating to intoxicating liquor On -Sale establishments and Pool or Billiard Tables; repealing Rochester Code of Ordinances Section 160.270 was given its second reading. Powers moved, McNary seconded to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. F-1 Kamper moved, Powers seconded to adopt Resolution No. 445 authorize the Mayor and City :Clerk to execute State of Minnesota Department of Aeronautics form "202" Request for Expenditure of Funds on behalf of the City of Rochester pertenant to the Underground Fuel Storage Tank project at the Rochester Municipal Airport and a contract awarding the low bid of $13,500. to Littrup Nielson, Inc. Rochester, Minnesota. Ayes (6), Nays (0). Motion carried. F-1 Larson moved, McNary seconded to adopt Resolution No. 446 approving Contract amendment No. 1 to the contract with Nietz Electric and Appliance Company for installation of electrical equipment at the Cascade Creek Substation increasing the amount of the Contract from $84,700.00 to $86,448.00 and authorize the Mayor and City Clerk to execute the contract on behalf of the City of Rochester. Ayes (6), Nays (0). Motion carried. F-1 Larson moved, Kamper seconded to adopt Resolution No. 447 awarding the contract to Crescent Electric Supply Company for furnishing certain 3 phase Pad Mounted Transformers and Pole Type Distribution Transformers at.a cost of $30,549.00 and authorize the Mayor and City Clerk to execute documents on behalf of the City. Ayes (6), Nays (0). Motion carried. F-1 McNary moved, Powers seconded to adopt Resolution No. 448 awarding a contract to Dolan-Feldhaus Company for furnishing certain Single Phase Pad Mounted Transformers and Pole Type Distribution Transforrr at a cost of $22,676.00 and authorize the Mayor and City Clerk to execute documents on behalf of the City. Ayes (6), Nays (0). Motion carried. F-1 Kamper moved, Larson seconded to adopt Resolution No. 449 awarding a contract to Westinghouse Electric Supply.Company for furnishing certain single phase Pad Mounted Transformers at a cost of $7,125.00 and authorize the Mayor and City Clerk to execute documents on behal of the City. Ayes (6),-Nays (0). Motion carried. f� RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA I F-1 Ludowese moved, Larson seconded to adopt Resolution No. 450 approving a schedule of Rates for Water,.Electricity, Street Lighting and Steam Heat Service to become effective November 1, 1974- a copy which is attached as Exhibit A is hereby approved in its entirety. Ayes (6), Nays (0). Motion carried. F-1 The City Attorney had a resolution that was requested at a prior meeting on the petition to annex Rose Harbor 1st , 2nd, 3rd and 4th class to the City, of.Rochester and when the City Attorney checked the petition, the petition is not sufficient in terms in the number of signatures necessary for the Council to proceed to annex the property and the City Attorney has withheld proceeding with setting the date for public hearing: President'Postier stated that the proper action would be to notify the people that did petition and instruct them that they do not have sufficient sign- atures and they would attempt to get it if they so desire The Planning and Zoning Director will notify the petitioners. G-1 Kamper moved, Powers seconded to remove from the table the Offer to grant a 5 foot utility easement along the east line, Lots 2 & 3 Block 1, and 19 Norwest lying between 21st Street N. W. and 22nd Street N. W. Kamper moved, Ludowese seconded to instruct the City Attorney to prepare a resolution accepting the easement subject to receiving the papers giving us the easement and the sidewalk easement. Ayes (6), Nays (0). Motion carried. G-2 Powers moved, Kamper seconded to remove from the -~tab --le: the Petition to vacate 25th Avenue N. W. between 21st Street N. W.-and-22nd Street N. W. Kamper moved, Larson seconded to instruct the City Attorney to prepare a resolution vacating this street with the condition that the utility easement be amended to provide for the possibility,of installing a sidewalk and also that the plat be amen, ed.to indicate the easement. Ayes (6), Nays (0). Motion carried. Powers moved, Larson seconded to adjourn the meeting until 7:30 P.M Ayes (6),.Nays (0). Motion carried. A-1 President Postier called the meeting to order at 7:30 P.M., the following members being present: President Postier, Aldermen Kamper; Larson, Ludowese, McNary, Powers. Absent: Alderman'Strain. B-1 Hearing on the Non -intoxicating Malt Liquor License for Jim and Joe's Tavern. This is to consider the revocation.or suspension of 3.2 beer license held by James Vesey for Jim and Joe's Tavern which was initiated by the attached neighborhood complaint.'Mr. Richard Garmers of 318 18th Ave. S. W.; Mrs. Walter Royce of 228 19th Avenue S. W. , Mr. Robbie Robinson,, President of Town and Country, Mrs. Arthur McCray of 311. 18th Avenue S. W. Gary Wondrow 306 18th Avenue S. W. were in favor of revoking this license. Mr. James Suk, Attorney appeared on behalf of Mr. James Vesey and stated .he 18RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item that they did have problems, and presented the solutions as they had drawn up, such as providing a person to pick up the litter, try to get policing, erect a fence, check the ID's at the door. Mr. Claude Darst of 347 17th Avenue S. W., Mr. Mayo Priebe of 209 17th Avenue S. W. appeared and stated they -had no trouble and were. in favor of Mr. Vesey keeping his license. Mr. Gerald Swanson , City Attorney questioned Police Detective Arthur Feind and Mr. Feind stated that he had checked the establishment and that people were present that were under 18 and some did not have ID's plus receiving call-s while on duty to check and see if under -age children were at Jim and Joe's. Having no one else wishing to be heard, President Postier closed the hearing, McNary moved, Larson seconded to amend the license to closing hours until 10:00 P.M. After discussion by the Council, Larson moved, to continue this -matter until the Novembe 18, 1974 meeting pending a legal decision from the City Attorney on .the legality of controlling the hours.' Ayes (5), Nays (1). Alderman Ludowese voted Nay. Motion carried. B-2 Hearing on the Feasibilty Report and Hearing on Proposed Tree Plant- ing Project in the Downtown area. Having no one present that wished to be heard, President Postier closed the hearing, Kamper moved, Larson seconded to adopt the prepared Resolution No. 451 ordering the improvement to be made and designated the City Engineer as Engineer for the improvement. Ayes (6), Nays (0). Motion carried. B-3 Hearing on the Proposed Assessments for New Sidewalk Project No. 2 1974 J 8502 "Both sides 21st Avenue N. W. - 16 112 Street to 19th Street N. W.; North side 20th Street N. W., One lot West of 21st Avenue N. W.; Westerly and Southerly side of 21st-Street N. W. - 20th Street N. W. to 23rd Avenue N. W." Wishing to be heard was Mike Sinclair of 1834 21st Avenue N. W. and wondered why his neighbors assessment was smaller then his. Mr. Al Toddie, Ass't City Engineer explained the assessment procedure to him. With no one else wishing to be heard, President Postier closed the hearing, Strain moved, Powers seconded to adopt the prepared Resolution No. 452 adopting the assement. ' Ayes (6), Nays (0). Motion carried. B-4 Hearing on the Proposed Assessments for Sanitary Sewer extension to serve Lot 48, North Sunny Slopes Project No. 6453-74 J 8497 Having no one present that wished to be heard, President Postier closed the hearing. Powers moved, Kamper seconded to adopt the prepared Resolution No. 453 adopting the assessment. Ayes (6), Nays (0). Motion carried. B-5 Hearing on the Proposed Assessment for Watermain Extension in North Star Second Subdivision. Wishing to be heard was Mr. Robert Gill of 2349 Haling Ct. N. W. and stated that he has property on 27th St. N. E. and -wonders how this watermain could benefit his property when he already is hooked up to water from another direction. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA November.4, 1974 - Reqular Council Meetinq No. 20 Agenda Item E-6 E-10 E-16 F-1 P� Also wishing to be heard was Mr. Austin Franks of 509 31st St. N.E. and wondered why he got an assessment notice, it was explained that he lives out of the City and until they become a part of the City, this assessment is deferred. Mr. Ed Drummond of 415 31st St. N.E. wondered what the plans are in the future for them to be annexed into the City, it was assured them that they would be out until they wanted to come in. President Postier stated that unless they are surrounded by 60% of the City limits, the City cannot request annexation. Having no one else that wished to be heard, President Postier closed the hearing. Alderman Larson stated that Mr. Gill had a point, and upon this Powers moved, Larson seconded to table this item until the November 18,. 1974 meeting and refer this to the Public Works Committee for further study. .Ayes (6), Nays (0). Motion carried. Powers moved, Kamper seconded to approve the semi-monthly bills (list attached) in the amount'of $297,906.76. Ayes (6), Nays (0). Motion carried. Powers moved,. Larson seconded to adopt the prepared Resolution No. 454 authorizing the City Administrator to apply to the Minnesota American Revolution Bicentennial Commission requesting endorsement of the Downtown Tree Planting Project and assistance of grant funds Ayes (5); Nays (1), Alderman McNary voting nay. Motion carried. Kamper moved, Powers seconded to adopt the prepared Resolution No. 455 accepting the low bid of Littrup Nielson, Inc. for $28,366.00 on Project 6705-74 Project 5815-74 J 4955 Storm Sewer Improvements in Valhalla- Elton Hills East Subdivision. A bid from Fraser Construction Company in the amount of $29,700.50 was also received. Ayes (6), Nays (0). Motion carried. Larson moved, Powers seconded to adopt Resolution No. 456 amending Resolution authorizing the entering into of an agreement under the joint powers act to oppose certain proceedings by the Northern . Natural Gas Company and designate the City Attorney as the represen ative of the City of Rochester for these purposes. The Mayor and City Clerk are hereby authorized to sign said Agreement on behalf of the City of Rochester. Ayes (6), Nays (0). Motion carried. Powers moved, Larson seconded to adourn the meeting until 7:30 P.M. November 18, 1974. Ayes (6),.Nays (0). Motioned. Information - November 4, 1974 City Clerk 1. Minutes of the Standing Committee October 15, 1974 2. Claim for Damages -Erwin W. Bowes (ref. Attorney,Ins, Public Wor s) 3. Letter from James Sadler for 15-Min. loading zone ( ref to Traffic Engineer.) 4. Notice of Rate Increase - Peoples Natural Gas. 5. Referred to Planning and Zoning: a. get'tio to vacate the utility easements in Lot 8 & 9, Block , ,,al calla 3rd Subdivision.