HomeMy WebLinkAbout04-16-1979108
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
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CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 35 - April 16, 1979
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 Hearinq on the Application for a Conditional:'!'Use Permit to allow a
supervised living=.facility to be located on Lot 2, Block 1,
of the proposed Villa Meadows Subdivision (.to the west of Rochester
Villas). Wishing to be heard was Bob Dashow of 1307 14th St. N. W.
and agreed to fill this land with 2 foot fill from adjacent land
for flood protection. Alderman Duffy was concerned about the
philosophy of developing in the flood fringe. Having no one else
present that wished to be heard, President Postier closed the hearing
Larson moved, Strain second to approve the conditional use permit.
Ayes (7), Nays (0). Motion carried.
A Hearing'on the Application for a Conditional Use Permit to allow
a supervised living facility to be located on Lots 1 and 2 Block
1 of the Preliminary Conway=_Dashow Subdivision. Mr. Tom Miller of
REM the devel:6per..:was:;present.for any questions the Council may
have. Having no one else that wished to be heard, President Postier
closed the hearing. Duffy moved, Solinger second to approve the
Conditional Use Permit. Ayes (7), Nays (0). Motion carried.
A Hearing on the Transportation Control Plan for the Improvement
of Air Quality. No action was taken on this.
A Hearing on the Proposed Project No. 63162 - 4- 79 J 8683 Concrete
Curb and gutter on the west side of 16 1/2 Avenue N. W. from 14th
Street N. W. to 16th St. N. W. Having no one present that wished to
be heard, President Postier closed the hearing. Allen moved, Larson
second to adopt the prepared Resolution No. 228-79 ordering the
project to be made. Ayes (7), Nays (0). Motion carried.
A Hearing on the Petition to vacate the public alley from 7th Street
S.W. - 9th Street S.W. between 13 and 14 Avenue S. W. Having no
one present that wished to be heard, President Postier closed the
hearing. Duffy moved, Larson second to approve the vacation but
maiintain:the status of public utility easement. Ayes (7), Nays (0).
Motion carried.
Solinger moved, Larson second to accept the resignation of Mr. Robert
Freson, City Administrator effective June 1, 1979. Mr. Freson would
be taking vacation time starting May 1, 1979. If Mr. Freson were to
become sick or disabled prior to June 1, 1979, the date of his
resignation would be extended,until his sick leave is exhausted or
and all other benefits. Ayes (7), Nays (0). Motion carried. Larson
moved, Strain second to appoint Mr. Stevan Kvenvold, Assistant City
Administrator the new City Admiriistrator.with the details of salary
to be worked out with the Personnel Director. This effective date
would be June 1, 1979. Ayes (7), Nays (0). Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL ILJL09
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No..35 - April-16, 1979
Agenda
Item
C-2 Powers moved,.Strain second to approve the appointment of Joseph
Book as a'-few,:firefighter effective at 8:00 A.M. on May 1, 1979.
Ayes (7), Nays (0). Motion carried.
D-1 Joyce Browne representing the National Organization of Women wished
to be heard and introduced Carl Jones of 903 29th St. N. W. Mr.
Jones is Vice President of the NAACP. Mr. Jones stated that he would
like to see the Council set criteria for appointing members of the
Human Rights Commission and that the Council do not appoint any more
members until that is formulated. Ms Browne spoke to the Council and
supported Mr. Jones and asked the Council to hold off from any furthe
appointments until this matter is settled. Alderman Duffy wished
further information and Pres.ident Postier.stated that the Council.
would take this under advisement.
D-2 Larson moved, Powers second to adopt Resolution No. 229-79 referring
the petition for Sanitary.Sewer line to serve residents of Melodly,
Mayfair and Mayhill Streets from 24th Avenue S.E. trunk line to the
West boundry of Marvale Subdivision.' Ayes (7), Nays (0). Motion
carried.
D-3 Powers moved,,Allen second to adopt Resolution No. 230-79 referring
the petition fora 12" Watermain to be installed from the High
Level Water Tower located at Lot 1, Block 5 Manor Woods First
Subdivision to the 12" main in place between Lots 20 and 21, Block
24 Country Club Manor.6th Addition. Ayes (7), Nays (0). Motion carrier
E-1 Solinger moved, Strain second to instruct the City Attorney to
prepare a resolution establishing simple interest to be charged
on a yearly basis against all future deferred special assessments
for a maximum period of ten .years. Ayes (7), Nays (0). Motion carrier
E-2 Larson moved, Strain second ->>to adopt :the prepared Resolution No. 231-
79 amending the Parking Code of Ordinances, Section 147.700 paragraph
(248) to read: No Parking at Northern Hills Drive Northeast, on the
south side, from North Broadway (T.H.63) to Northern Hills Court
at all times. Ayes (7), Nays (0). Motion carried.
E-3 Duffy moved, Powers second to adopt the prepared Resolution No. 232-
79 authorizing the execution and acceptance of.the State Grant
Offer for Water Reclamation Plant Plans and Specifications in the
amount of $258,720. Ayes (7), Nays (0). Motion carried.
E-4 Larson moved, Strain second to approve the issuance of a transfer
of an On -Sale Intoxicating Liquor License to Carl Bainter located
at 316 South Broadway. This was previously issued to Speer,
Hockert and Pick, Inc. dba Louies Bar. Ayes (7), Nays (0). Motion
carried.
E-5 Solinger moved, Powers second to approve a request appropriating
$1,927 fron the Contingency Account for the City.of Rochester's share
of tax increment lobbying expenses. Ayes (7), Nays (0). Motion carriE
1110 RECORD OF OFF;CIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 35 - April 16, 1979
Agenda
Item
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Allen moved, Larson second to adopt the prepared Resolution No.
233-79 supporting the proposed legislation Regarding Consumer Price
Indexed Fuel Tax tying the motor fuel tax to the consumer price index
Ayes (7), Nays (0): Motion carried.
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Duffy moved, Larson second to sustain the charge for sidewalk snow
removal for Joseph Kocer at 306 7th St. N. W. in the amount of $13.99
Ayes (7), Nays (0). Motion carried.
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Larson moved, Powers second to approve the following licenses and bone
16 cigarette licenses - .Miracel Mile Laundromat; Happy Dan Marts # 4
Inn Towne Motel at 519 3rd Avenue S. W.; Food Bonanza; Ntick's Ribs
and Other good things; Jerry's Downtown Shell Service; Jim's Ranch
Market; Kadlec Motors, Inc. Bonins Food Center; The Wooden Nickel
Mel's Shell; Labor Club Bar 4 4th St. S.W.; Kayo Oil Company; P1.'s
Standard.; Valhalla Standard; Piggly Wiggly Crossroads; 2 On -Sale
3.2 Beer - Nick's Ribs and the The Wooden Nickel; (6) Off -Sale 3.2
Beer - Happy Dan'.s Piggly Wiggly, Food Bonanza, Wooden Nickel;
Jim's Ranch Market, Just -Rite Supermarket; Sewer and Drain Connector
to Norman Connaughty with a bond to the Ohio Casualty Ins. Co.
Cement Contractor License to DeWitz Construction Company 11 Auctioneer
licenses and bonds as follows: Maurice Turbenson; Norman E. Peterson
Frank Lolli,.Morris Atkinson Duane Grafe and Emery Henn- they have
bonds with Western Surety Company; Roy A Montgomery - bond Great
American Insurance Co'Lowell F. Gilbertson with Capitol In-
demnity Corporation; Lester L. Olson with Ohio Casualty Insurance
Company and Henry I. Neuhas with Employees Mutual Casualty -,Company
and Glen A. Hermann with Integrity Group Insurance. Ayes (7), Nays
(0). Motion carried.
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Allen moved, Powers second to adopt Resolution No. 234-79 awarding
the season's supply of plant mixed bituminous for the Street and
Alley Division - low bid is with Rochester Sand and.Gravel. Ayes
(7), Nays'.(0). Motion carried.
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Duffy moved, Larson second to adopt Resolution No. 235-79 awarding
the season's supply of sand, gravel and crused rock for the Street
and Alley Division to Rochester Sand and Gravel. Ayes (7), Nays (0).
Motion carried.
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Larson moved, Duffy second to reject the bid received from Duncan
which was not opened. Further study will be made and a recommendation
be brought before the Council at a later date. Ayes (7), Nays (0).
Motion carried.
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Allen moved, Duffy second to adopt Resolution No. 236-79 approving
the bid from Ziegler for a steel wheel compactor for the City Landfil'
in�.the.amount of $83,820. plus a Fire suppression system $850.00.
Ayes (7), Nays (0). Motion carried.
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Allen moved, Powers second to adopt Resolution No. 237-79 approving
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RECORD OF OFFICIAL .PROCEEDINGS OF THE COMMON
CITY: OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 35 - April 16, 1979
Agenda
Item
COUNCIL
E-13 the awarding of the low bid of One subcompact Chevette hatchback
with Clement's Chev. $3,292 and ,Clement's Chev. fo.r.MaTibau 4 Dr.:
for the Fire Department with air conditioning and AM radio only.-=
Ayes (7), Nays (0). Motion carried.
E-14 Powers moved, Larson second to adopt Resolution No. 238-79 awarding
the low bid of Road.Constructors for equipment rental at the City
Landfill. Ayes (7), Nays (0). Motion carried.'
E-15 Strain moved, Powers second to adopt Resolution No. 239-79 awarding
the season's supply of liquid asphalt for the Street and Alley
Division to Koch Refining for Medium Cure asphalt and Cationic
emulsion and Ashland.Petroleum for Rapid Cure asphalt. Ayes (7),
Nays (0). Motion carried.
E-16 Larson moved, Powers second to adopt Resolution No.-240-79 authorizi
the City Clerk to advertise for the reconstruction of the flood
damaged Police Pistol range. Bids will be opened at 11:00 A.M.
on May 1, 1979. Ayes (7), Nays (0). Motion carried.
E-17 Larson moved, Powers second to adopt Resol-ution No. 241-79
providing Corporate authority for the City of Rochester tor:maintain
an account with Merrill Lynch Pierce, Fenner and Smith, Inc.
.Ayes (7), Nays (0). Motion Carried.
E-18 Powers moved, Larson second to approve the Acounts Payable ( list
attached ) which are semi monthly in the amount of $392,057.22.
Ayes (7), Nays (0). Motion carried.
E-19 Allen moved, So -linger second to approve the Preliminary Plat of
Westway Manor First Subdivision subject to the plat being modified
to provide through dedication and potential purchase, a total right-
of-way of-.200 feet for Circle Drive, and the amount of dedicated
land should be consistant with the County Board policy..(2). That
the City of Rochester proceed with the 7th Street improvement
project as soon as possible to help alleviate potential traffic.
problems on this street and (3) That the matter of providing access
to. the Swanson property is addressed by the developer and an.
understanding on the matter is reached. Ayes (7)9 Nays (0). Motion
carried.
E-20 Larson moved, Strain second to approve the Preliminary Plat of
Radichel First Subdivision subject to the relocation of the No.
frontage Road and the relocation of the gas main. This will also
be taken to the Committee of the Whole for further discussion. Arnol
Brostrom - representing Radichel Realty was present and stated it
would be a costly item to move the gas main. Ayes (7), Nays (0).
Motion carried.
E-21 Powers moved, Larson second to approve the Preliminary Plat, Country
Club Manor 12th Subdivision subject to the Provision of temporary
RECORD OF OFFICIAL PROCEEDINGS OF THE. COMMON COUNCIL
Agenda
Item
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CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 35 - April 16, 1979
turnarounds on all dead-end streets along with the additional
easements requested by the Electric Department and -That the
erosion control plan and grading plan are included as part of the
basic construction improvements for.this development. Ayes (7),
Nays (0). Motion carried.
Solinger moved, Strain -second to adopt Resolution No. 242-79 approvin
setti,ngia-ihearing .date for_:June. a;"i197.9 on )the :vacat on..of. a. P,ubl is
Utility:,Easement•.:in Penn ington.,)BusihessiPark' Ayes (7), Nays (0).
Motion carried.
Larson moved, Strain second to adopt Resolution No. 243-79 approving
the contract between the City and Olds•<ted County for local funding
the the ZIPS Dial -A -Ride for 1979. Ayes (7), Nays (0). Motion
carried..
Allen moved, Larson second to approve the motion transferring the
sum of $51,300. for the 7th St. N. W. reconstruction project and
that'the funds be transferred from the Cascade Creek Bridge project
on 7th-St. N. W. Ayes (7), Nays (0). Motion carried. Larson moved,
Allen second to instruct the City Clerk to advertise for bids on
the following projects: Project No. 6207 -4-77 J 2104 Culverts on
7th Street N. W. over North Branch Cascade Creek; Project No. 6207
-4-77A, J 2117, Grading and Surfacing on 7th Street N.W. from Country
Club Manor to Valleyhigh Addition and Project No. 6207-4-78 J 8650
Construction of a 12" Watermain in 7th St. N. W. in Arends Industrial
Park 1st Subdivision to 7th Street at 6th Place N. W. in Country
Club Manor. Bids will be opened on May 16, 1979 at 11:00 A.M. Ayes
(7), Nays (0). Motion carried. ( Resolution No. 244-79).
E-25 Powers moved, Duffy second to adopt Resolution No. 245-79 awarding
the low bid of Littrup Nielson, Inc. for $5,776.00 for Project No.
6214-1-79 J 2121 Construction of a releif Sanitary Sewer Main at�the
Intersection of 7th Avenue and 14th Street N. E. Ayes (7), Nays (0).
Motion carried.
E-26 Allen moved, Strain second to�adopt Resolution.,,No. 246-79 awarding
the low bid of Fraser Construction Company for $14,987.00 on Project
No. 6016-78 J 8654 Extension of Watermain in .the West Service Drive
Trunk Highway No. 52 from a point 450 feet North of the Centerline
of 14th Street N. W. to a point 960 Feet North of the Ceterline
of 14th Street N. W. Ayes (7), Nays (0). Motion carried.
E-27 Powers moved, Strain second to adopt Resolution No. 247-79 instructi,ng
the City Clerk to advertise for bids on Project No. 7810-78 J 8619
runkline Sanitary Sewer along the.South side -of Trunk Highway No.
14 from the East line SW 1/4 NW 1/4 Sec. 34 to the West Line Section
28 Cascade Township. Bids will be opened at 11:00 A.M. on May 16,
1979. Ayes (7), Nays (0). Motion carried.
E-28 moved, Solinger second to adopt Resolution No. 248-79 and 249-
�arson
9 declaring the costs to be assessed and order a hearing to be held
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RECORD OF OFFICIAL PROCEEDINGS OF. THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 35 - April 16, 1979
Agenda
Item
E-28 on June 4, 1979 at 7:30 P.M. for Project No. 7704-0-77 J 8597 Sani.ta
Sewer Extension from the Northwest Trunkline Sewer to serve the
South l/2 S.E. 1/4 Section 9, Cascade Township. Ayes (7), Nays (0).
Motion carried.
E-29 Powers moved, Duffy second to defer the awarding of bids on Project
No. 7813 J 8660 Construction of a Storm Drain in 5th Avenue S.W.
from 4th Street S. W. to a point 220 feet South until a recommendati
from the P.ubli.c Utility Board is recej�ved. Ayes (7), Nays (0).
Motion carried.
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An Ordinance Relating to the Rochester Code of Ordinances; amending
adding and removing provisions for purposes of clarification and
conformance with state law; eliminating duplicate, redundant,
conflicting and superceded provisions was given a first reading.
Larson moved, Powers second to suspend the rules and give this
Ordinance a second reading. Upon Roll Call vote, Aldermen Allen,
Duffy, Powers, Larson, Solinger and Strain and President Postier
voted aye. Ayes (7), Nays (0). Motion carried and the Ordinance was
given its second reading. Powers moved, Duffy second to adopt the
Ordinance as read. Ayes (7), Nays (0). Motion carried.
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An Ordinance Rezoni'hg certain property and amending Ordinance No.
1659 rezoning property to B-4 General Business District ( CSC
Development Inc-) - property between Highway 52 North and Bandel
Road. was given its second reading. Larson moved, Duffy second
to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried.
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Larson moved, Strain second to adopt Resolution No. 250-79 approving
a resolution of the Public Utility Board authorizing a purchase
order agreement with The Judd Company for furnishing 96 120U
Type Watthour Meters $4,096.32. Ayes (7), Nays (0). Motion carried.
F-1
Strain moved-, Powers second to adopt Resolution No. 251-79 approving
a resolution of the Public Utility Board authorizing a purchase
order agreement with Pacific Pumps -Dresser for repair to boiler feed
pump rotor in an amount not to exceed $25,000.00. Ayes (7), Nays (0).
Motion carried.
F-1 Solinger moved, Powers second to adopt Resolution No. 252-79 approvin,
a resolution of the Public Utility Board authorizing a purchase
order agreement with Transformer Consultants, Inc. for restoring
oil and refilling three transformers in an amount not to exceed
$3,000.00. Ayes (7), Nays (0). Motion carried.
F-1 Powers moved, Larson second to adopt Resolution No. 253-79 approving
a resolution of the Public Utility Board authorizing an agreement
with Kruse Company for furnishing oversize pipe for materials
supplied in Meadow Park South First Sub. ;$10,763.49. Ayes (7),
Nays (0). Motion carried.
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F-1 (Powers moved; Strain second to adopt Resolution No. 254-79 approving
1114 RECORD OF OFF;CIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 35 - April 16, 1979
F-1 a resolution of the Public Utility Board approving an amendment to
a purchase order agreement with Hendrix Wire and Cable in an amended
amount of $95,925.90. Ayes (7), Nays (0). Motion carried.
F-1 Larson moved, Powers..second to adopt Resolution No. 255-79 approving
a resolution of the Public Utility Board requesting approval of a
contract with R.W. Beck and Associates for the Electric Distribution
System Study in the total amended amount of $96,082.00 - increased
contract by $7,500.00. Ayes (7), Nays (0). Motion carried.
F`1 Allen moved, Strain second to adopt Resolution No. 256-79 approving
a resolution of the Public Utility Board requesting authorization
for a contract with Lake Area Utilities in the total amended amount
of $537,337.67. Ayes (7) , Nays (0). Motion carried.
F--1 Duffy moved, Strain second to adopt Resolution No. 257-79 approving
a resolution of the Public Utility Board requesting authorization
of payment of partial damage awards in the condemnation of utility
easements for the North Loop Transmission Line in the total amount
of $13,500.00 Ayes (7), Nays (0). Motion carried.
F-1 Powers moved, Solinger second to adopt Resolution No. 258779
approving a vacation of a public alley from 7th Street S. W. - 9th
Street S. W. between 13 and 14 Avenue S. W. ( Belmont) but maintainini
the status of publi-c utility easements. Ayes (7), Nays (0). Motion
carried.
F-1 Larson moved, Powers second to adopt Resolution No. 259-79 approving
a vacation of a portion of Graham Ct. S.E. Lot 9, Block 7.
Ayes (7), Nays (0). Motion carried.
H-1 Solinger moved, Duffy second to authorize an appraisal on property
Land acquisition for an off ramp on 33rd St. N. W. ( Griffith Property
Ayes (7), Nays (0). Motion carried.
H-2 Tony Knauer_ of.the Public Services Department,introduced Mr. David
Braslau of Associates, Inc. Mr. Braslau presented statistics on
the air quality of Rochester and predictions of the future as
far as standards of Rochester. He stressed that the One Way Street
pair would not be necessary to have better air quality. He presented
a map on centers of concentration for carbon monoxide levels.
He did say that some solutions to the air quality are to use more
mass transit - car pools - parking situation corrected and better
synchronized signals.
Having no further business, Allen moved, Duffy second to.adjourn
the meeting until 11:00 A.M. on April 18, 1979. Ayes (7), Nays (0).
Motion carried.
City Clerk
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Agenda
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL iiJ5
CITY: OF ROCHESTER, MINNESOTA
Adjourned Meeting.# 35 - April 16, 1979
Information - April 16, 1979
1. Letter from Dennis R. Peterson RE: Denial of Certificates
of Competency for Alan Meredith and Randy Strain ( Referred to
Public Services and Building Department for Review and comments.
Will be scheduled ( in -consultation with City Attorney ) for either
Committee of the Whole or Common Council consideration )
2. Letter re: Condition of Ponderosa Campground ( Public Utility
Department is already investigating matter )
3. Letter're: Chateau Theater.
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