HomeMy WebLinkAbout12-04-1978RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL: IC211
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 22 - December 4, 1978
Agenda
Item
A-1 President Postier called the meeting to order at 2:00 P.M., the
following members being present: President Postier, Aldermen Allen,
Duffy;; Larson, Powers, Solinger and Strain. Absent: None.
Powers moved, Duffy second to approve the minutes of the November 6,
1978 meeting. Ayes (7), Nays (0). Motion carried.
C-1 Strain moved, Powers second to approve the following appointments to
the Citizen's Committee to study Police and Fire pension plans:
John Wolf, Director Personnel Services, St. Mary's Hospital; William
Carroll, Prudential Insurance Company; James Karles , Chief of
Security IBM; John Herrell, Financial Analysis and Planning Adm. Mayl
Clinic. Resource persons: Vincent Folkert, Former Councilman and Pau
Utesch, Finance Director, City of Rochester, Minnesota. Ayes (7),
Nays (0). Motion carried.
C-2 Allen moved, Strain second to approve.th.e Mayor's appointment of
William Swanton of 1601 loth Street N. E. to serve on the Airport
Zoning Board. Mr. Swanton replaces Harry Johnson. Mr. Johnson's
term expired December 31, 1977. Mr. Swanton's term of.-�office is
December 31, 1979. Ayes (7), Nays (0). Motion carried.
E-1 Duffy moved, Powers second to adopt Resolutions No. 726-78; 727-78
and 728-78 awarding the bids to the following high bidders: 701
loth Avenue S. E. - James P. Ryan for $6,000.00; 715 loth Avenue
S.E. Ilot Klomstad for.$3,750.00; and 417 7th Avenue S. E. to Orville
Ferguson for $2,750.00.: Ayes (7), Nays (0). Motion carried.
E-4 Allen moved, Powers second to approve the following licenses and bond
Blondell Motel for a Sunday Liquor License. A Bond im the amount of
$3,000.00 has been submitted. Donald T. Haley for a Master'P.,lumbers
License - He is employed at Schwickert, Inc. Mankato, Minnesota.
Ayes (7), Nays (0). Motion carried.
'E-6 Allen moved, Solinger second to approve the following Resolutions
No. 729-78; 730-78; 731-78 and 732-78 approving the additional
securities in the amount of $375,000.00 in lieu of depository
bond and releases in the amount of-$1,535,000.00 from the Rochester
State Bank; $3,675,000.00 in lieu of a bond and releases in the
amount of-$2,675,000.00 from the Marquette Bank and Trust; securities
of $1,970,000.00 in lieu of a bond and releases in the amount of
$810,000.00 from the Northwestern National Bank and securities in
the amount of $500,000.00 in lieu of a bond and releases in the
amount of $2,100,000.00 from the..First National Bank. Ayes (7),
Nays (0); Motion carried.
E-8 Strain moved, Solinger second to adopt Resolutions No. 733-78
approving the acquisition of Will6w Creek Park near the new Junior
High School Site. Cost of this project is $51,500. of which $25,750.
will be requested from the federal government; and Resolution No.
734-78 approving the initial development of Essex Park. Cost of this
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 22 - December 4, 1978
project is $20,750. of which 50% will be requested from the federal
government. Ayes (7), Nays (0). Motion carried.
Larson moved, Strain second to adopt Resolution No. 735-78 authorizi
the Agreement between the City, Independent School District # 535
and the Mayo Foundation for the purchase by the City of property
for Willow Creek Park for the sum of $50,000.00. Ayes (5), Nays (0)
Aldermen Duffy and Powers abstained. Motion carried.
Allen moved, Solinger second to approve the following changes in
the Personnel Policy: 1. Mandatory retirement has been changed
to read " 70 years of age " instead of."65 years of age" to comply
with the new law; a policy has been drafted to define the conditions
of a City employee performing Police Reserve duty. Ayes (7),
Nays (0). Motion carried.
Larson moved, Duffy second to adopt Resolution No. 736-78 approving
the Metes and Bounds conveyance by the Kruse Company and John D. Bass
for property located in Northern Slopes First Subdivision. Ayes
(7), Nays (0). Motion carried.
Larson moved, Powers second to adopt Resolution No. 737-78 approving
the plans and specifications for the Traffic Signal Project at the
intersecti.6n.:of Trunk Highway 63 and Northern Heights Drive. The
City share of this project including engineering is estimated at
$5,000. and $16,000. in City funds. Ayes (7), Nays (0). Motion
carried.
Powers moved, Strain second to adopt,.: the prepared Resolution No.
738-78.approving an agreement between the Minnesota Department of
Transportation and the City of Rochester for a traffic control
signal -and -lane modification on T.N. No. 63 and Northern Heights Dr.
Rochester, Minnesota. Ayes (7), Nays (0). Motion carried.
Duffy moved, Allen second to adopt Resolution No. 739-78 approving
the amendment to Contract # 59283 between the City of Rochester,
and State of Minnesota to cover the total deficit for both fixed
route and dial -a -ride transit services. The local share will be
from $47,776 to $60,537. and the State's share will be from $98,752.
to $121,074. Ayes (7), Nays (0). Motion carried.
Strain moved, Duffy second to refer the matter of Repairs to the
Rochester City Lines Vehicles to the Committee of Whole and Public
Services and Finance Departments to study this matter further.
Ayes (7), Nays (0). Motion carried.
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E-18 Duffy moved, Powers second to approve- the "request of
the Public Services Department to remove the signal at
9th Street and North Broadway, Rochester, Minnesota. Ayes (7), Nays
(0). Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 22 - December 4, 1978
Agenda
Item
COUNCIL,
E-20 Allen moved, Powers. second to hold :thesfollowing - Project No. 6222-
4-78 J 8657 Construction of a Sanitary Sewer, Storm Sewer, Watermain,
Sewer and Water Service Connections, Street Grading, Base , Bituminou
Paving, and Concrete Curb and Gutter on 22nd Street N. W. in Replat
of Lots 1,2,3, 4 and Part of Lot 5, Block 1, Hendricks Subdivision
( Awarding of the bids ) until the December 18, 1978 meeting.
Ayes (7), Nays (0). Motion carried.
E-21. Allen moved, Powers second to hold the Project No. 6222-4-78A J 8665
Grading and Surfacing, Concrete Curb and Gutter, and Watermain in
22nd Street N. W. from 32nd Avenue N. W. to the East Line of Hendrick
Subdivision until the December 18, 1978 meeting. Ayes (7), Nays (0).
Motion carried.
E-22 Allen moved, Duffy second to authorize the City Clerk to readvertise
for bids on Project No. 7366 J 6302 Installation of Fully Acutated
Traffic Signal and Street Light System at the Intersection of 7th
Street and 2nd Avenue N. E. and Project No. 7853 J 6321 Installation
of Fully Activated Traffic Signal and Street Light System at the
Intersection of 3rd Avenue N. W. and Elton Hills Drive. Bids to
be opened at 11:00 A.M. in Room 4 of the City Hall. Ayes (7), Nays
(0). Motion carried. Resolutions No. 741-78 and 742-78.
F-1 An Ordinance annexing approximately 7.8 acres of land located -bet-
ween U.S. 14 and Eastwood Road i-mmediately east of the old outdoor
theater site ( Richard Arend and Michael Arend ) was given its second
reading. Allen moved, Strain second to adopt the Ordinance as read.
Ayes (7), Nays (0). Motion carried.
F-1 An Ordinance Rezoning property located at the southeast corner of
the intersection of 43rd Street N.W.. and 13th Avenue N. W. from R-1
to R-2 ( William Berg ) was given its second reading. Duffy moved,
Solinger second to adopt the Ordinance as read. Ayes (1), Nays (0).
Motion carried.
F-1 An Ordinance approving an amendment removing the present requirement
that there must be "live" music whenever pre -recorded -music is pro-
vided in other rooms of the licensed premises, was given its first
reading.
F-1 An Ordinance Relating to master plumber licenses; changes the lic-
ense term to a calendar year; increases the bond amount to $2,000.00
and requires$50,000.00/$100,000.00/$10,000.00 .liability insurance;
changes made to reflect change in state law, was given its first
reading.
F-1 An Ordinance- ,�providing for issurance of gambling licenses pursuant
to state law; annual license fee of $100.00 or single license fee
of $25.00; was given its first reading.
F-1 An Ordinance adding certain property to the rural service district
for tax purposes was given its first reading.
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` RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 22 - December 4, 1978
Agenda
Item
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Strain moved; Duffy second to adopt the prepared Resolution No. 743-
78 authorizing payment to Glen F.Kingsley, a retiree{from-the Public
Service Department of $4,860.00 as compensation for 20 percent
permanent partial disability to right arm for injury which occurred
on November 24, 1975. Ayes (7), Nays (0). Motion carried.
Solinger moved, Powers second to adopt Resolution No. 744-78 deleti
certain property from the rural service district; considered by the
Council at its meeting on October 16, 1978. Ayes (7), Nays (0).
Motion carried.
Powes moved, Duffy second to adopt Resolution No-. 745-78 approving
a Resolution of the Public Utility Board authorizing payment for the
granting,, -of certain easements for the kk5KV Zumbro River- Chester
transmission line in the total. amount of $5,502.00. Ayes (7), Nays
(0). Motion carried.
Larson moved, Duffy second to adopt Resolution No. 746-78 approving
a resolution of�the Public Utility Board authorizing payment of
specified damage awards in the condemnation of utility easements
for the 115 KV Zumbro River -Chester transmission line in the
amount of $16;156.79.. Ayes (7), Nays (0). Motion carried.
Duffy moved, Strain second to adopt Resolution No. 747-78 approving a
resolution of the Public Utility Board approving Contract Amendment
No. 1 to the contract with Westinghouse Electric Supply Company
for furnishing transformers and two protective relay panels for the
Bamber Valley Substation for a total amount of $214,491.00. Ayes (7),
Nays (0). Motion carried.
Strain moved, Solinger second to adopt Resolution No. 748-78 approvini,
a resolution of the Public Utility Board approving two year lease
agreement with IBM Corporation for four CRT's Model 3277 at a cost
of $408.00 per month. Ayes (7), Nays (0). Motion carried.
a
��o89gW,vp filIgBns8�OE' etPuBY?2tU�go utd'onf o. 749-78 approving
amen ent e purchase order agree Tf IfT?Q§PgIndust-
ries c/O Bergstrom Verbarg Company for furnishing anchor bolt extens
ions and the addition of distribution underbuild vangs to pole # 3
for a purchase order cost of $37,315.55. Ayes (7), Nays (0). Motion
carried.
Duffy moved, Larson second to adopt Resolution No. 750-78 approving
a resolution of the Public Utility Board awarding $2,500. contract
to Twin City Testing for furhishing analysis of water quality
samples at the Silver Lake Plant during 1979. Ayes (7), Nays (0).
Motion carried.
Powers moved, Solinger second to adopt Resolution:.No. 751-78 approvin
a resolution of the Public Utility Board approving a contract agree-
ment with Chicago and N.W. Transportation Company for transmission
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL.
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 22 - DPcemher 4, 197R
line at Cascade Substation at a cost of $2,016.00. Ayes (7), Nays
(0). Motion carried.
Solinger moved, Allen second to adopt Resolution No. 752-78 approvin
a.resolution of the Public Utility Board awarding $2,370.50 contract
to Graybar Electric Company for furnishing 1800 assorted sizes and
types of fuel links. Ayes (7), Nays (0). Motion carried.
Duffy moved, Powers second to adopt Resolution No. 753-78 approving
a resolution of the Public Utility Board awarding $2,672.50 contract
to Johnson -March Corporation for furnishing parts for the thaw shed.
Ayes (7), Nays (0). Motion carried.
Allen moved, Powers second to adopt Resolution No. 754-78 approving
a resolution of the Public Utility Board awarding $5,959.20 contract
to Davies Water Equipment Company for furnishing distribution
materials to include pipe , tapping, valves and fittings. Ayes (7),
Nays (0). Motion carried.
Powers moved, Strain second to adopt Resolution No. 755-78 approving
a resolution of the Public Utiltiy Board approving a 4 percent salar
increase for the general manager from $40,128.00 per year to
$41,736.00 per year retroactive to September 1, 1978. Ayes (7),
Nays (0). Motion carried.
Having no further business, Powers moved, Allen second to adjourn
the meeting. Ayes (7), Nays (0). Motion carried.
President Postier called the meeting to order at.7':30 P.M., the
following members being present: President Postier, Aldermen Allen,
Duffy, Larson, Powers , Solinger and Strain. Absent: None.
A Hearing on the application for a development district conditional
use to allow a supervised living facility to be established at
101 East Center, Rochester, Minnesota. Wishing to be heard was
Bill Canfield, representing Thomas House and urged the Council to
approve this use. Also wishing to be heard was Rev. Al - Dahlberg,
president of Thomas House, Inc. and also urged the Council to approve
this use. Having no one else present that wished to be heard,
President Postier closed the hearing. President Postier noted a
letter from the Fire Prevention Bureau which stated that approval
for this occupancy is not accpetable until the building violations
noted by the Minnesota State Fire Marshall, dated 11-3-78 are
complied with. In addition, the Supervised Group Living facility
shall meet-Ahe requirements of the Minnesota State Building Code
for this type of occupancy. Duffy moved, Larson second to approve th
subject to;Ahe requirements by the Fire Prevention Bureau are met.
Resolution No. 756-78 was adopted. Ayes (7), Nays (0). Motion carried
A Hearing on the Assessment of Community Development Block Grant
Performance. Wishing to be heard was Ralph Wolf, representing the
s,
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Agenda
Item
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Senior Citizen Center and thanked the Council for, granting them
monies. Wishing to be heard was Laurel Pennock, wh6:.is working
with RACER - helping older people in the flood and helping them
make recovery.'He stated that many people still are not completely
settled and suffered much hardship. Having no one else that
wished to be heard, President Postier closed the hearing. No action
was taken. Nadine Levin, Administrative Assistant also presented
slides on.the progress of -::the Senior Citizen center. A letter
was received from the Ability Buildi.g:Center thanking the Council
for the money allotted them.
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A Hearing on the Petition to vacate a ten foot telephone easement_3
existing along the common lot line between Lot 4 & 5, Woodgate
First Subdivision. Having no one present that wished to be heard,
President Postier closed the hearing. Allen moved, Powers second to
Adopt the prepared Resolution No. 757-78 approving the petition.
Ayes (7), Nays (0). Motion carried.
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A Hearing on the Petition to vacate the remaining portion of 1st
Avenue N. E., north of 16th Street N. E. Having no one present
that wished to be heard, President Postier closed the hearing.
Allen moved Powers second to ad - opt Resolution No. 758 78 approving
the petition. Ayes (6), Nays (0). Alderman Solinger abstained.
Ayes (7), Nays (0). Motion carried.
D-1
Mary Ann Frye requested to be heard. Joyce Brown appeared on behalf
of Ms Frye .—Her address is 2633 23rd Avenue S. E. and urged the
Council to approve a suggestion that the language in the Human
Rights Ordinance to use both male and female pronouns. Ms,.;Brown
appeard on behalf of the NOW group also. After discussion by
the Council, Alderman Allen stated that he did not .like the statement
that if the two genders are to bulky, then the female pronoun should
be used. Having no one else that wished to comment, Duffy moved,
Allen second to approve the change of genders on the Human Rights
Ordinance only. Ayes (7), Nays (0). Motion carried.
D-2
Request for a Traffic Control on 12th Avenue N. W. and Cascade Street
has been submitted by petition to the Council. Wishing to be heard
was Gary Korpela of 2641 12th Avenue N. W. and stated that the hill
is hazardous and this will help motorist to be more careful. He
urged the Council to pass this request. The petition contained
79 signatures. Having no one else that wished to comment. Solinger
moved, Powers second to approve the stop sign. Ayes (6), Nay.s (1).
Alderman Larson voting nay. Motion carried.
E-2
Powers moved, Larson second to approve the transfer of the On, -Sale
intoxicating liquor license presently assigned to Jay Bagne for the
International Motel at 1915 North Highway 52 to Koon-Kit Woo; Koon-
Ying Woo; Susie Woo and Albert Wong to9p erate Woo's Chinese Rest-
aurant at 1915 North Highway 52. Wishing to be heard was Jay Bagne
of 2018 26th Avenue N. W. and gave a brief history of the applicants.
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He urged the Council to approve this. No one else wished to comment,
Ave-, (7)_ Navc (n) MQti.on ca.rri.ed.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL- F JW+71
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 22 - December 4, 1978
Agenda
Item
E-3 Duffy moved, Powers second to approve and adopt Resolution No. 759-7
authroizing the Mayor to execute a Phase I Agreement between the
City of Rochester, Minnesota and Riverside Partners. Ayes ( 7),
Nays (0). Motion carried. Solinger moved, Larson second to adopt
Resolution No. 760-78 approving aand:,author.. zing the use of tax
exempt mortgage financing for the Riverside Project. Ayes (7),
Nays (0). Motion carried. It was noted by the Aldermen that each
project will be judged individually on the use of tax exempt funds.
E-5 Larson moved, Allen second to refer the request to advertise for bids
on Police cars back to the Committee for further discussion on types
of cars to be included in the bids. Ayes (7), Nays (0). Motion
carried.
E-7 Solinger moved, Strain second to approve the semi-monthly bills
in the amount of $699,489.05 ( list attached ') Ayes;(,7{)., Nays (0).
Motion carried.
E-11 Discussion was held on the application for approval of a Planned
Unit Development ( Preliminary Plan ) to be known as Miner Heights
Seventh Subdivision. After Council discussion about the security
fence and its practicality, John Franks, Rochester Police Department
Crime Prevention Unit stated that. this fence creates concern by them
in the fact that ambulances, fire trucks, squad cars etc. would have
trouble entering this complex because of the gates, etc. and they
have a grave concern on the inhabitants safety. The Mayor asked why
we need this type of project. Lowell Penz, developer, stated that
it is a private subdivision which is people controlled. They can
control who comes in and who goes out and is becom.ing.a.popular
feature in the midwest. Mr. Roger Plumb stated that the streets
would have to be built to city standards if the City were to
eventually maintain them, plus he was worried about the blasting
and what would happen to existing homes near by when this was
developed. He stated damage might occur to wells etc. Penz stated
that underground blasting would be controlled and has not caused
much or any damage yet. Having no more discussion, Solinger moved,
Allen.second to approve the preliminary plans subject to the
platting of this subdivision; That the needed acquisition of land
provide the secondary access to this development is provided
Deletion of security system and private streets and secure Hiawatha
in the City limits. Ayes (7), Nays (0). Motion carried.
E-12 Duffy moved, Solinger-second to approve the petition to vacate the
portion of 12th Street N. E. and instruct the City Attorney -to
t; prepare ariresolution vacating the street. Ayes (7), Nays (0). Motion
carried. (Petition not approved - See Minutes ofanuar
January 3 1979.)
E-11 Strain moved, Powers second to authorize the repair to the ZIPS bus
in the amount of. $1,485.00 which is included fh:the balance of $1,500
of thei'r.budget. Ayes (7), Nays (0). Motion carried.
Strain moved, Duffy second to agree with the Public Services Depart-
ment recommendation that the costs of Bus No. 35 and 49 be assumed
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
_Regular Meeting No 22 - December 4, 1978
Agenda
Item
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by Rochester City Lines and amoratized as a'capital investment.
Ayes (7), Nays (0). Motion carried. Alderman Strain noted that he
was unhappy with the bus service.
Allen moved, Duffy second to approve the 1979 application for Transi
Assistance to the State of Minnesota and direct staff to submit
the application to the Minnesota.Department of Transportation.
Ayes (7), Nays (0). Motion carried.
Powers moved, Strain second to adopt Resolution No. 760478 approving
a Resolution of the Public Utility Board approving a contract with
Rochester Armored Car Co., Inc. for delivery of sealed or locked
packages at designated points within the City at a cost of $84.25 per
month pl.us..,an.additional $16.50 per month for each designated collect
ion station, Ayes (7), Nays (0). Motion carried.
Solinger moved, Powers second to adopt Resolution No. 761-78 approvin
a utility easement between the State of Minnesota and the City of Roc
for watermain and sanitary sewer purposes affecting property in
Section 30 T 107N Range 13W. Ayes (7), Nays (0). Motion carried.
Larson moved, Strain second to approve the A nstalling of Electra
Sound for the Council Chambers. Ayes (7), Nays (0). Motion carried.
Having no further business, Allen moved, Duffy second to adjourn
the meeting. Ayes (7), Nays (0). Motion carried.
City Clerk
Information --December 4, 1978
1. Minutes of the Standing Committee - 11-20-78
2. Request from Crenlo for Waiving of Condition Association with the'
vacation of 16 112 St. N. W. ( Referred to the Planning Department
and Commission for review and recommendation.)
3. Notice of Claim , James Nelson ( referred to Attorney Insurance
and Public Services.)
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