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HomeMy WebLinkAbout05-07-1979ills RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 3:8 - May 7, 1979 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. C-1 Wishing to be heard regarding the appointments to the Rochester Human Rights Commission was Joyce Brown.Ms Brown stated that the wish of the NOW group to table.the appointments was ignored by the Mayor, and she urged the Council -to table the appointments at this time. -Ms. Brown,stressed that criteria be set for candidates to be appointed to this commission. After discussion by the Council Alderman Strain stated that the Mayor chooses a candidate but the Council approves that ch6ice, and the system is very open.Alderman Duffy noted that he does not think appointments are publicized enough Powers moved, Solinger second to approve the Mayor's appointments to the Rochester Human Rights Commission as follows: Paulette Johnson 2008 8 1/2 Street S.E. Apt. A -term to expire May 1, 1982;.Doralee Dubin of 1557 8th Avenue S. E. term to expire May 1, 1982; Charles F. Richards of 119 10 1/4 Street S. E. term to expire May 1, 1982; Gary Melin of 826 19th Street N E. term to expire,May 1, 1982; John Wright of 739 12th Avenue N E. term to expire May 1, 1982. After roll call vote, Aldermen Powers, Solinger and Strain voted Aye. Ayes (3). Alderman Duffy voted nay. Nays (1). Aldermen Allen, Larson and President Postier abstained. Motion carried. C-2 Strain moved, Solinger second to approve the appointement of the Mayor of Ronald L. Ress of 1354 21st St. N.W. to the Rochester Public Utility Board. Mr. Ress replaces Mr. Thomas Doyle who resigned. Mr. Ress term expires Jane":, 1980. Ayes (6),. Nays (1). Alderman Duffy voted nay. Motion carried. C-3 Larson moved, Strain second to approve the Mayo,r's appointment of Cecil Refsland to the rank of detective in the Rochester Police Department. Mr. Refsland took the place of Arthur G. Feind who retire Mr. Refsland appointment will become effective May 16, 1979. Ayes (7) Nays (0). Motion carried. C-4 Strain moved, Larson second to approve the prepared Resolution No. 264-79 expanding the membership of the Public Utility Board to six members appointed by the Mayor with Council approval and one member from the City Council. Ayes (7), Nays (0). Motion carried. D-2 Powers moved, Duffy second to adopt Resolution No. 265-79 referring the petition for construction of all underground public utilities and streets in proposed Radichel First Subdivision including the Westerly two lanes of future 35th Avenue N W from the South plat limits to TH 14. Ayes (7), Nays (0). Motion carried. E-1 Duffy moved, Larson second to adopt Resolution No. 266-79 giving preliminary approval from the City to issue Industrial Revenue Bonds for financing the Riverside Development Project in the sum of $1,600,000. Aldermen Solinger and Strain stated that they would have] I r� liked to see local financial institutions handle the financing, RECORD OF OFFICIAL ,PROCEEDINGS OF THE COMMON COUNCIL 1119 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 1.18- May 7, 1979 Agenda Item E-1 of this project..Alderman Powers stated that he visited with financial institutions and they were not excited about the feasibil.it. of the project. He stated that they have the benefit of tax increment already. Alderman Allen stated that he felt like Alderman Powers but that this is a good project: President Postier stated he also visited with financial institutions and thinks more front money or, partners should be brought in for additional financing. A represent- ative from Minneapolis who is:involved with Riverside explained the financing to the Council and answered questions. -Alderman Strain was concerned about the fact that the Council refused one Indust ftal Revenue Bond and thinks we may be starting a precident. Alderman Duffy stated that the Council reveiws each project on its own merit. Having no further discussion, vote was.taken . Ayes (7), Nays (0). Motion carried. E-la Allen moved, Powers second to recind the action taken on the flood - proofing and instruct the City Attorney to prepare an ordinance re-- cinding that provision. ( Red Owl ). Ayes (7), Nays (0). Motion carried. E-2 -Allen moved Strain second to.deny-the request from Laurie Light requesting that the City of Rochester pay Ms Light an amount of $1,000. for alleged underpayment of wages during her employment with the City. Ayes (7), Nays (0). Motion carried. E-3. Duffy moved, Strain second to approve the issuance of Industrial Rev- enue Bond financing for the Construction of residential facilities fo the Mentally Retarded and instruct the City Attorney to prepare the necessary documents. Ayes (7), Nays .(0). Motion carried.(REM, Inc.) E-4 Strain moved, Solinger second to approve the extension of-.On-Sal,e Liquor Licenses for the Depot House and Town House until May 31, 1979.and review this in June or July to see if they are operating a restaurant as principal part of their business as requested by the Council when the renewal license was granted them in April of this year. Ayes (7), Nays (0). Motion carried. E-5 Solinger moved, Powers second to approve the issuance,of a Wine license to Ronald D. Lynn of 1107 North Broadway dba The Eatery. Ayes (7), Nays (0). Motion carried. E-6 Powers.moved, Larson second to instruct the City Attorney to draft an Ordinance expressly prohibiting the parking of vehicles on private property without the consent of the owner and authorizing the Police Department to. impound vehicles .parked in v1o:lation of such - a provision. Ayes (6), Nays (1). Alderman Duffy voted nay. Motion carried. E-7 Strain moved, Duffy second to instruct the City Attorney to prepare an Ordinance for the renewal of a franchise between the City of Rochester and the Rochester City Lines with the following amendments: RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting N. 38- May 7, 1A79 Agenda Item E-7 1. The name of.the operator is to appear..on. the sides of all buses. 2. The route name is to be pasted on the front and right side of the us, in clear view of any passenger waiting to be picked up; 3. The name of the bus driver and the number of the bus is to be clearly posted for the passengers to see; 4. The franchise agreement shall not prec ude the City from ..administering and cooperating in a paratransit program or demand responsive dial -a -ride system. Ayes (7), Nays (0). Motion carried. E-8 Duffy moved,Solinger second to instruct the City Attorney to prepare a resolution approving an agreement between the City of Rochester and the Joint Venture of Kirkham -Michael and Associates, Wallace, Hol and, Kastler, Schmitz and Company to complete a User Charge and Industrial Cost Recovery System report prior to awarding any Step III (construct- ion ) funds for the Water Reclamation Plant .project. Cost of this rep rt is estimated at $24,767. The Federal Gov. will pick up 75% of the cos and the State of Minnesota 15%. Cost of this -study is in Step II grant award. Ayes (7), Nays (0). Motion carried. .. E-10 Solinger moved, Larson second to approve th.e transferring of $11,000. out of the CDBG contingency/local option fund and place it in Activity 518 (Longfellow School Area) project described as a black to walkway and self-accuated taffic signal) The remainder i,n the contin- gency fund will be $29,000. Ayes (7), Nays (0). Motion carried. E-11 Larson moved, Powers second to approve the request from the American Legion Auxiliary to sell poppies on Friday May 25 and May 26 (Sat. ) from 3:00 P.M. until 3':r00 P.M. the next day. Ayes (7), Nays (0). Motion carried. E-12 Duffy moved, Powers second to approve the request from the Veterans o Foreign Wars for sale of poppies on May 18 and May 19, starting on 3:00 P.M. and ending 3:00 P.M. the following day. Ayes (7), Nays (0). Motion carried. E713 Sol.inger moved, Duffy second to approve the request from Gage School PTA to conduct a parade on May 17, 1979. This has the approval of the Police Department. Ayes (7), Nays (0). Motion carried. E-14 Allen moved, Larson second to refer the request for a Limousine Franchise for Alden Wildfeuer to the Committee of the Whole for further study. Ayes (7); Nays (0). Motion carried. E-15 Solinger moved, Duffy second to approve the following licenses and,bon s: Application for On and Off Sale 3.2 beer and a.cigarette license for Bob's Club Two at 104 East Center Street - formerly the Barrell Inn. Cigarette licenses: Carl L. Bainter for Louie"s Bar at 316 So. Bdwy. David W. Schilling for A & W Root Beer, 603 4th Street S.E.; Elain M. Frahm and Beatrice Toogood for Parkside Beanery 2133 Park Lane S.E. R.S. Mancuso for Ye O1de:Fashioned Deli, 2 S. Broadway and F. Mic ael Carroll for Benny's Drive -In 24 6th St. S. W.- Single Gambling License 4: RECORD OF OFFICIAL ,PROCEEDINGS OF THE COMMON COUNCIL.,.. J12i CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 38•- May 7, 1979 Agenda Item E-15 to conduct a raffle September 3, 1979 received from the Merry.Medics a unit of Osman Temple in St. Paul. Application from People's Natural Gas for Service COntractor's - a bond in the amount of $5,000.00 is submitted. Cement Contractors License request from J.B.Zorteau and Ravenhorst Concrete .; Request for House Moving permit from David Clark ..to move a garage from.-' 1-703 Twenty,F.irst 1703 21st Avenue to Oronoco. Applications forrAuctioneer_'s License for 1979 received from Steven E. Herrick, Plainview; Ernest A. Roeber, Oronoco; Paul Ga h, Stewartville, and A A & A Oriental Rugs for Col. Leib Rosenblum and a permit to hold an auction of oriental rugs at the Mayo Civic Aud. o Friday May 18, 1979. Approval of a..Dance License for the Fireman's Relief Association for the annual Fireman's Ball on Friday May 11 at the Mayo Civic Auditorium. Renewals for Motion picture licenses have been received. Plitt Theatres for Oakview and Chateau - Rochester. Theatre Co.. for Time Theatre; Lawler Theatre and Cinema I a d Cinema II. Ayes (7), Nays (0). Motion carried. E-16 Solinger moved,.Powers second to approve Resolution No. 267-79 approving the sale of the House and Garage at 2005 3rd Avenue S. E. received from Larry Smith. The amount was $500.00. Ayes (7). Nays (0) Motion carried. E-9:- The Council referred the request for "Origin and Destination Study" on two streets: Broadway and Fifth Street to Robert Larson for ideas and comments. Ayes (7), Nays (0). Motion carried. E-18 Larson moved, Powers second to adopt Resolution No. 268-79 approving the awarding of the low bid for a tractor with loader-backhoe to Rochesterr Equipment Company for a JD 410 unit yin the amount of $19,900.00. Ayes (7), Nays (0). Motion carried. E-19 Allen moved, Strain second to adopt Resolution No. 269-79 approving the awarding of the low bid for a street sweeper for the Street and Alley Department to Itasca Equipment Company in the amount of $44,480.00. Ayes (7), Nays (0). Motion carried. E-20 Duffy moved, Larson second to adopt. Resolution No. 270-79 requesting the City Clerk to advertise for bids on Art Center Air Conditioning. Bids to.be opened at 11:00 A.M. on May 27; 1979. Ayes (7), Nays (0). Motion carried. E-22 Strain moved, Duffy second to adopt -Resolution No. 271-79 approvi:ng the Quit Claim Deed conveying certain property located in the NE 1/4 of Section 25, T107N R14W from the City to the 12 Seas. Mr. Robert Dashow has agreed to donate an 8 1/.2 acre parcel of land adjacent to Bear Creek Park., Ayes (7), Nays (0). Motion carried. Duffy moved, Strain second to approve the land exchanges in the Northern Heights Park- Conway-Dashow area. The City would acquire 2 triangles, Outlots B & C and Conway-Dashow would receive one triangle of slightly less acreage from Northern Heights Park. The trade permits more adequate street alignments and reduces street improvement assessments for the 1.1.22 Agenda Item E-22 E-23 E- 24 E-25 E- 26 E-27.- E-28 E-29 E-30 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 38: - May 7, 1979 Department. The developers have also agreed as a part of the exchanc to construct an asphalt trail from the sub. through the park to 22nd N. E. Ayes (7), Nays (0). Motion carried. (-Resolution No. 272-79 ). Powers moved, Solinger second to approve the promotional increase in salary to reconcile the difference retroactive to April 1, 1979 for William P. Anton from $24,870 to $25,865. Ayes (7), Nays (0). Motion carried. Solinger moved, Allen second to adopt-the.prepared.Resolution 4umber.,,27.3=7.9 setting the date for a public hearing on the vacation of an 18" wide strip of .1st St. S. E. ( Broadway Hall Building ) Date of Hearing will be June 18, 1979. Ayes (7), Nays (0). Motion carried. Duffy moved, Powers second to allow them to proceed with the Minnesota Highway Department for the Right -of -Way. Ayes (7), Nays (0). Motion carried. Solinger moved, Duffy second to recommend the review of Willow Creek Santiary Sewer District Zone Change request by Jack D. Schuck located in Section 26, High Forest Township to Zone D. This recommendation would be made to the County Board of Commissioners. Ayes (7), Nays (0). Motion carried. Powers moved, Strain second to adopt Resolution No. 274-79 approving the request to initiate the Annexation of Lots 8 and 9 , Tongen's First Subdivision and the adjacent right -Of -way for US 52, Section 16 Cascade Township. Ayes (7),.Nays (0). Motion carried. Allen moved, Solinger second to adopt Resolution No. 275-79 to approve the agreement between the City of Rochester°and David Braslau and Associates for a study of Air Quality Impacts from the proposed parking ramp at West Center Street and South Broadway. The draft report should be submitted to the City within 30 days. The estimated cost of the consultant study is $4,148.00. Ayes (7), Nays (0). Motion _carried. Solinger moved, Powers second to adopt Resolution No. 276-79 approvin( the Transportation Control Plan for Rochester for Air Quality Impro- vements and direct the Department of Public Services to prepare plans for -implementing the various elements of the plan. Ayes (7), Nays (0). Motion carried. Solinger moved, Duffy second to adopts -:the prepared Resolution No. 277• 79 instructing the City Clerk to advertise for bids for parking meter! Bids to be opened at 11:00 A.M. on May 17, 1979. Ayes (7), Nays (0). Motion carried. Powers moved, Strain second to adopt Resolution No. 278-79 approving the 1979 Maintenance Agreement between the County of Olmsted and the City of Rochester. Ayes (7), Nays (0). Motion carried. ;t. I RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meet1ng No. 38 - May 7, 1979 Agenda Item E-31 No action was needed on the Authorization of.Repairs to the,Rocheste City Lines Vehicles No. 35 and # 52. E-32 Solinger moved, Duffy second. to direct the City Clerk to notify the public by means of the. Post Bulletin that the signal at South Broadway and 3rd Street will be turned off May 8th for a period of three weeks and direct the Public Services Department to cover' the signal faces for the time period. Ayes (7), Nays (0)..Motion carried. E-33 Strain moved, Allen second to adopt Resolution No. 279-79 amending paragraphs of the No Parking Zones to read: (178.6) Eleventh Street S. E. on.the north side, from First Avenue to Third Avenue, at all times. (193.6) Eleven.and One -half -Street S. E., on the north side, from First Avenue to Third Avenue, at all times. Ayes (7), Nays (0). Motion carried. E-34 Strain moved, Duffy second to initiate a pedestrian signal at Longfel School and finance d?t with Community.Development Block Grant. Funds. The Public Services Dept. are authorized to prepare the plans and specifications. The Finance Department 'is to accept informal quotes on the signal poles, mast arms and controller for this project. It was noted that Clearance of the CDBG funds should be received before this project is pursued. Clearance is expected by mi!d July, 1979. Ayes (7), Nays (0). Motion carried. E-35 Strain.moved; Larson -second to schedule a public hearing for June 18, 19.79 on.the application for federal operating assistance for the Rochester Transit system for the period July 1, 1977 to December 31, 1977. Ayes (7), Nays (0). Motion carried. E-36 Strain moved, Solinger second to adopt Resolution No. 280-79 author-. izing the City Clerk to advertise for bids on Project No. 6308-4-78 J 8671 Concrete Curb and Gutter and Driveway Approaches on 8th Avenue N. W. from llth.Street N. W. to 12th Street N. W. Bids to be opened at 11:OO A.M. on May 30, 1979. Ayes (7), Nays (0). Motion carried. E-37 Allen moved, Solinger second to adopt Resolution No. 281-79 approving the agreement for engineering services between the City and Volstad Associates pertaining to .the Country Club Manor 12th Sub. Ayes (7), Nays (0). Motion carried. E-38 Solinger moved, Duffy second to adopt Resolution No. 282-79 approving an agreement for engineering services from McGhie and. Betts on Projecl No. 7904-17-79 J 8688 on Radichel First Subdivision. Ayes (7),. Nays (0). Motion carried. E-39 Duffy moved, Larson second to adopt Resolution No. 283-79 approving an agreement for engineering services from.Volstad.A5sociates on project No. 7903-1-79 J 8687- Ayes (7), Nays (0). Mot.ion carried. Iow 1123 1124 Agenda Item E-40 E-41 E-42 E-43 E-44 E-45 E-46 E-47 E-48 E-17 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON- COUNCIL CITY .OF ROCHESTER,, MINNESOTA Regular Meeting- No. 18 - May 7, 19.79 Solinger moved, Strain second to approve the Supplemental Agreement No.-4 to Contract No. 6300-2-71 Golden Hill Storm Sewer. Ayes (7), Nays (0). Motion carried. Duffy moved, Solinger second to approve the supplemental agreement No. 5 to contract No. 6300-2-71 Golden Hill Storm Sewer. This authorizes payment for sewer and water change as stipulated in the agreement. Ayes (7), Nays (0). Motion carried. No action was taken on the Supplemental Agreement No. 1 for project No. 7306-1-78 Rochester Villas. Allen moved, Duffy second to adopt Resolution No. 284-79 and 285-79 ordering. a feasibility report and.a hearing on Project No. 5720-79 a:. J 8689•.Construction of a 12 inch Trunkline.Watermain from the High Level Watertower located on Lot 1, Block 5, Manor Woods First Sub. to the" npl.ace 1-2 inch trunkline watermain located between Lots 20 and 21 Block 24, Country Club Manor 6th Add. Hearing will be June 18, 1979. Ayes (7), Nays (0). Motion carried. Powers moved, Solinger second to adopt Resolution No. 286-79 amending the Truck Loading Zones to read: (40) 14th Avenue S. W.,on the west side 23 feet more or less in front of the premises known as 1408 2nd S.W. (Blondell Motel ) ( One stall ). Ayes (7), Nays (0). Motion carried. Solinger moved, Powers second to adopt Resolution No. 287=79 adding paragraph (42) of Section F , primary traffic streets to read:. (42) 41st St. N. W. from West River Parkway to West Circle Drive. Ayes (7), Nays (0).Motion carried. Duffy moved, Strain -second to -adopt Resolution No. 288-79 deleting paragraph (91.5) of the Passenger Loading Zone.oAye's•+(7.) _Nays.(0). Motion carried. Powers moved,•Strain second to adopt Resolution No. 289-79 adding paragraph (2) of Section A, angle parking to read: (2) Fifth Avenue S. E. cul-de-sac from a point 110 feet more ors -less north of 14th St. where cul-de-sac begins (11 parking stalls ). Ayes (6), Nays (1). Alderman Duffy voting nay. Motion carried. Allen moved, Duffy second to adopt Resolution No. 290-79 adding paragraph (3.3) of Section I, Zone A 12 minute parking meters to read: (3.3) North Broadway, on the west side 23.feet more or less in of the premises known as 223 North Broadway ( The Bath Boutique ) one stall. Ayes (7), Nays (0). Motion carried. �t. Powers moved, Larson second to approve the reconstruction of the flood damaged Police pistol range. No bids were received and the Police will acquire some contractural work and use police personel' to supervise the project. Some volunteer work will be accepted also. It was stressed by the Council that on th ob oli p r onnel will work as advisory only when called. Ayes e73, Npays c(�. �lo ion carried nt RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 38 - May 7, 1979 COUNCIL, 1125 Agenda Item H-1 President Postier noted a letter that he received from the Jefferson Company and they wish to let him know that they will proceed with a potential building etc. on the Jefferson Bus Depot'site. F-1 Sol_.inger moved,.S.train.second' to.adopt Resolution,No. 291-79.approvin a: reso.lution'.of.the..Publ:ic U_tility.Board approving'.a contract•agreeme it with Thei n -Wel l Company, Inc. for -labor'. equipment -'etc'. to. red"evel op Municipal Wells # 20 and 21 in.the amount of $37,600.00. Ayes (7), Nays (0). Motion carried. F-1 Strain moved, Allen second to adopt Resolution No. 292-79 approving a resolution of the Public Utility Board approving a service agreemen with Midwest Service Consultants, Inc. fora risk management review not to exceed $10,000. Ayes (7), Nays (0). Motion carried. F-1 Duffy moved, Solinger second to adopt Resolution No.•293-79 approving a resolution of the Public Utility Board to enter into a contract with Pfeifer and Shultz/HDR for consulting services for a water well and building in Quarry Hill Park not to exceed $16,000.00. Ayes (7), Nays (0). Motion carried. F-1 Strain moved, Powers second to adopt.Resolution No. 294-79 approving a resolution of the Public Utility Board approving a service agreemen with Clappier-Powell Tree Service in the amount of $15,926.00. Ayes (7), Nays (0). Motion carried. F-1 Strain moved, Duffy second to adopt Resolution No. 295-79 approving a resolution of the Public Utility Board authorizing a service agreement with Electrical Testing Services Inc. not to exceed $16,000.00. Ayes (7), Nays (0). Motion carried. F-1 Duffy moved, Larson second to adopt Resolution No. 296-79 approving a resolution of the Public Utility Board approving a purchase order agreement with Burmeister Electric Company for splices in the amount of $5,199.00. Ayes (7), Nays (0). Motion carried. F-1 Solinger moved, Allen second to adopt Resol;ut:on No. 297-79 approving a resolution of the Public Utility Board approving a purchase order with Badger Meter, Inc. for water meter parts in the amount of $1,733.71. Ayes (7), Nays'(0). Motion carried. F-1 Solinger moved, Strain second to.adopt Resolution No. 298-79 approvin, a resolution of the Public Utility Board approving a purchase order agreement with,Charles Olson and Sons for repair to aerial device on utility truck # 16 in the amount of $4,150.00. Ayes (7), Nays (0). Motion carried. F-1 Strain moved, Allen second to adopt Resolution No. 299-79 approving a resolution of the Public Utility Board approving a purchase order with Westinghouse Electric Corporation for gas turbine spare parts not to exceed $75,000.00. Ayes (7), Nays (0). Motion carried. 1126 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY- OF ROCHESTER, MINNESOTA Regular Meeting No. 3.8'- May 7,.1979 Agenda Item F-1 Powers moved, Duffy second to adopt Resolution No. 300-79 approving a purchase order agreement with Electronic Engineering Services for radio equipment in the amount of $4,130.00. Ayes (7), Nays (0). Motion carried. F-1 "Duffy moved, Larson second to adopt Resolution No. 301-79 approving a resolution of -the. Public Utility Board approving a purchase order agreement with Midway Equipment Co. for lawn and garden tractor and mower in the amount of $1,800.00. Ayes (7).; Nays (0). Motion carried. F-1 Solinger moved, Strain second to adopt Resolution No. 302-79 approvin a resolution of the Public Utility Board approving a purchase order with Water Products Company for hydrants in the amount of $4,364.00. Ayes (7), Nays (0). Motion carried. F-1 Allen moved, Duffy second to adopt Resolution No. 303-79 approving a resolution of the Public Utility Board approving a purchase order agreement with Graybar Electric Co. for class surge arresters in the amount of $9,930.00. Ayes (7), Nays (0). Motion carried: F-1 Allen moved, Duffy second to adopt Resol°utilon No. 304=79 approving a resolution of.the Public Utility Boardapproving an amendment to the contract with Ulteig Engineers, Inc. for Electric System Data Base for developing drawings of the Utilities Electric System and researching additional electrical equipment data increasing the contract amount from $5,000. to $6,500.00. Ayes-(7), Nays (0). Motion carried. F-1 Powers moved, Duffy second to adopt Resolution No..305-79 approving a resolution of the Public Utility Board approving -an amendment to the contract with McGraw Edison Company for 2 115kv OCB's Bamber Valley Substation increasing the contract from $94,325. to $102,678.81. Ayes (7), Nays(0). Motion carried. F-l' Strain moved, Solinger second to adopt Resolution No. 306-79 approving an ,agreement with the City and,Wolfgang Balzer for employment as -Music Director. The term of the agreement is from Janua 1, 1979 through June 30, 1979. Ayes (7), Nays (0). Motion carried. F-1 Powers moved, Solinger second to adopt Resolution No. 307-79 approvin an agreement with;Wolfgang Balzer.and the City of Rochester for employment as Music Director. The term of the agreement is from July 1, 1979 through June 30, 1980. Ayes (7), Nays (0). Motion carried. F-1 An Ordinance Relating to Public Transporation and Franchises; Grantin a Non -Exclusive Franchise to Rochester Bus Line, Inc. amending Rochester Code of Ordinances, Sections 94.01, 94.03, and 94.06 was given its first -reading. F-1 I An Ordinance Relating to -Parking, ;prohibiting parking on private p rty RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 1127 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 38, --May 7, 1979 Agenda Item F-1 without consent of the owner; providing for removal and impoundment; imposing penalties and charges therefor; amending Rochester Code of Ordinances.Sections 147.190; 151.010; 151.020 and 151.040. was given its first reading. F-1 An Ordinance Rezoning certain property and amending Ordinance No. 1659 known as the Zoning Ordinance of-�the'.:,Ci:ty of Rochester, Minnesota to B-lb Neighborhood Business District. Lots 43 and 44 Christensen - Sehl Sub. ( Frank Kottschade 2028 and 2110 East River Road, was given its second reading. Larson moved, Strain second to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. F-1 An Ordinance Rezoning certain property and amending Ordinance No. 1659 known as the Zoning Ordinance of the City of Rochester to B-4 General Business District ( Soderberg and Benike NE Cot. Inter TH No. 63 and 37th St. N.E.) was given its second reading. Powers moved, Solinger second to adopt the Ordinance.as read. Ayes (7), Nays (0). Motion carried. F-1 Solinger moved, Larson second to adopt.Resolution No. 308-79 approvini the plans and.specifications prepared by McGhie and Betts, -Inc. for Basic Construction in Innsbruck 2nd and 3rd Subdivision. and directed the Mayor and City Clerk to execute a contract with Builders Land Co. for the construction of said improvements. Ayes (7), Nays (0). Motion carried. F-1 Strain moved, Allen second to adopt Resolution No. 309-79 approving the plans and specifications prepared by.McGhie and Betts, Inc. for basic construction in.Elton Hills North 4th Subdivision and instruct the Mayor and City Clerk to execute a contract with Builders Land Co..for the.construction of said improvmeents. Ayes (7), Nays (0). Motion carsi i ed. F-1 An Ordinance Relating to the Building Code of the City of Rochester amending Rochester Code of Ordinances Section 70.010 pertaining to the Floodproofing in Rochester was given its first reading. Allen moved, Duffy second to suspend the rules and give -this ordinanc a second reading. Upon Roll call- vote, Aldermen Allen, Duffy, Larson, Powers, Solinger and Strain voted aye. Ayes (7), Nays (0). Motion carried and the ordinance was given its second reading.- Allen moved, Powers second to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. Having no further business, -Allen moved, Powers second to'adjourn the meeting until 7:30 P.M. Ayes-(7), Nays (0). Motion carried. A-1 President Postier called the meeting of order at 7:30 P.M.,the folio% ing members being present : President Postier, Aldermen Allen, Duffy, Larson, Powers Solinger and Strain. Absent: None. B-1 IA Hearing on the.Appeal from Heating, Ventilating and Air Conditioninc RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 3 8- May 7., 1979 Agenda Item B-1 Board of Review's Denial of Certification of Competency for Alan Meredith and Randy Strain. Wishing to be heard was Clark Kilpatrick and stated that he is from -Diversified Structures and has used the _ services of these two men and would continue to use their services. He stated they were very competent. Wishing to be heard was Tom Wolf Attorney 611 Marquette Bank Building and appeared'on behalf of Alan Meredith and Randy Strain. Mr. Wolf stated that these men have not been treated fairly and that the test system is unfair. Mr. Wolf stated that Mr. Meredith is a Journeyman and passed all the requireme of that test and the only difference between that position and the Master Installer is the -Master Installer is required to make and draw the plans. The test scores taken by Mr: Meredith were as follows: Test given on October 27, 1978 - Contractors ..67% Gas:ipi.pi.ng�:7,6%-4,--and the Code-test­88t, Since 67% was not a passing score, the test was gi again for the Contractors on March 5., 1979 and at that time, he recei 71% and also took Sheet metal for 86% and the Refrigeration for 80t. Mr. Meredith's test was taken before the Board of Heating, Ventilatin and Air Conditioning Board of Review and at that time was denied the license. Mr. Wolf pointed out.that in one area, the test was an "ope book" and -::that Mr. Meredith did not know that this was the case, and therefore was treated unfairly. Mr. Wolf stated that the Board of Appeals gave' -no basis for their decision to reject Meredith and Strai A letter from LeRoy Wood was read and stated the reliability of the work that Meredith and Strain do. Barb Siverak of 2512 28th Avenue N. W. stated that she had these two men do work for ther, and'she was satisfied and would have them back to finish some other work and woul recommend them to -others. Alderman Solinger asked Mr. Wolf if at the time the test was given if they had a business. Mr. Wolf stated they were doing the busines out of their home. Mr. Gordon Sather, Chief Heating Inspector for the City of Rochester wished to be heard. He commented on the type of,testing that was given the applicants. He st that essay type questions are necessary. He stated that if a person cannot explain what they are going to do, in his estimation they Cann do the work. He tests them in competency in whatever catagory they wa to test out in. He stated a score of 70.is to go to the Heating Board and that they reveiw 'it at that time..Meredith and Strain were worki:hg.:under Mr..Thompson, who was a Master, but was not fully activ in the business. Mr. Sather stated he told Meredith that he had a, score of around 70 and that the Board makes the passing decision. Alderman Strain stated that Randy Strain was no relative, and that Mr Randy Strain was waiving an appeal so that the Council was only con- sidering Mr. Meredith at this hearing. Alderman Strain asked Mr. Sath what type of tests he gives and Mr. Sather stated that he has three different tests. One is given and if the person fails, he will give another and so on until a third type is given. A different amount of questions are given for various catagories. Tests are given on a quarterly basis. its ^f ed .ted t t RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 11:29 CITY OF ROCHESTER, MINNESOTA Regular Meeting- No. 38.' - May 7, 1979 Agenda Item Wishing to be heard was Lloyd Callopy 1.305 8th Avenue N. E. and appeared B-1 on behalf of the Board of .Heating, Ventilating and Air Conditioning Board of Review. He stated that he is the lay person and that he doe not know the technical knowledge in this area. He states -that the testing system is good -,and that the rejection was on the -basis of weakness in the area of contractors portion. He stated that 70 is a score that th Board wishes to review. Alderman Strain pointed out that the applicants were not advised on the "open book" part of the test. Gordon Sather Inspector for the City stated that they were. It was stated that Alan Meredith did take the open book part of the test. John Scheid of 2502 14th Avenue N. W. member of the Board stated that he met with Strain and Meredith and the reason that they did not pass was a weakn ss in the area of contractors. Wishing to be heard was Alan Meredith of 411 9th Avenue S. E. He stated that when he needed signatures for permits he went in to the office, they signed the permit, he paid his fees and never was asked for his Master contractors. He staed that he was never told that the part of the test was an "open book". Alderman Solinger asked Mr. Meredith if the test had instructions on it, and Mr. Meredith stated that he supposed it had. Mr. Wolf at this time wished to be heard again, and stated that the tests themselves are'unfAtr an should be objective tests as the Ordinance.requires. He does not thin essay questions are good. Having no one else present that wished to'e heard, President Postier closed the hearing. Alderman Powers asked th City Attorney what his legal opinion is. Mr. Swanson, City Attorney stated that the practice of the Board has been to review a score of 7 and that would in his opinion. be legal. Alderman Larson stated that we are dealing with the welfare of the City and he made a motion to s s- tain the -action of the Heating Ventilating and:Air Conditioning Board of.Review. This was second by Solinger. Alderman Sol -finger stated that the tests should be looked at. Alderman Strain stated that the testing system has much to be desired and will vote no. Powers stated that he will back up the Board but is in favor of reviewing the test system. Alderman Duffy stated that he agrees with Alderman Powers. Mayor Smekta-stated that the Board should get advice from the City Attorney when reviewing the testing system. Having no more comments from the Council, Roll call -vote was taken. Alderman Allen, Duffy, and Strain voted nay. Nays (3). Aldermen Larson , Powers, Solinger and President Postier voted aye. Ayes (4). Motion carried. B-2 A Hearing on the Project No. 7301,7301-A ( J 8476 Northwest District Sanitary Sewer trunkline, pumping station, forcemain, and outfall sewer. Having no one wish:i:ng to be heard, President Postier closed the hearing. Duffy moved, Strain second to adopt Resolution No. 310- 79 accepting the assessments on the above project. Ayes (7), Nays (0). Motion carried. B-3 A Hearing on the Proposed Assessments.for Project No. 6302-1-78A J 86 8 Demolition and removal of structures on lots 2,3,4, 5 and the west 44 feet of the south 7 feet of lot 6, block-48, Original Plat also known as the Pruitt, Building.. Having no one.that wished to be heard, President Postier closed the hearing. Powers moved, Solinger second to adopt Resolution No. 311-79 accepting the assessments. Ayes (7), Nays (0). Motion carried. __ r:...1130 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 3S•- May 7, 19.79 Agenda Item B-4 B- 5 B-6 B-7 E-21 D-1 F-1 A Hearing on the Application for approval of a Planned Unit Development ( Amended Final Plan ) for Madonna Towers, located at 4001 19th Avenue N. W. Having no one present that wished to be heard, President Postier closed the hearing. Solinger moved, Allen second to adopt Resolution No. 312-79 approving the application and include the watermain improvements in:the area if it is determine that they are needed. Ayes (7), Nays (0). Motion carried. A Hearing on the Proposed Zoning Code Amendment to Paragraph 62.601 - Non -Conforming Uses of Land. Having no one present that wished to be heard, President Postier closed the hearing. Powers moved, Duffy second to instruct the City Attorney to prepare an .ordinance making the changes. Ayes (7), Nays (0). Motion carried. A Hearing on the Final Plat for Innsbruck Three. Having no one prese that wished to be heard, President Postier closed the hearing. Allen moved, Larson second to adopt Resolution No. 313-79 approving the plat and waive the requirements for four mylars - only three are necessary at this time. Ayes (7), Nays (0). Motion carried.. A Hearing on the -Final Plat for Conway-Dashow Subdivision. Paul Finseth of 505 Marquette Bank Building was present and urged the Council to approve this. Having no one else that wished to be heard, President Postier closed the hearing. Larson moved, Powers second to adopt Resolution No. 314-79 approving the plat. Ayes (7), Nays(0). Motion carried. A Hearing on the Final Plat for Innsbruck Two. Having no one present that wished to be heard, President.Postier closed the hearing. Allen moved, Larson second to adopt Resolution No. 315-79 approving the plat with the required three mylars. Ayes (7), Nays (0). Motion carried. A Hearing on the Final Plat of Western First Replat. Having no one present.that wished to'be heard, President Postier closed the hearing Powers moved, Solinger second to adopt Resolution No. 316-79 approvini the plat with the required three mylars'. Ayes (7), Nays (0). Motion carr.fed. Strain moved Allen second to approve the payment of the Accounts Payable ( semi monthly ) in the amount of $419,724.36 , list attached Ayes (7), Nays (0). Motion carried. Wishing to be heard was Robert Thesenvitz of 122 So. Main Chatfield, Minnesota and wished to give the Council ideas on possible activities for the Chateau Theatre. He thinks the Chateau Theatre should not be torn down and would be available for suggestions if the Council would contact him. An Ordinance Relating to Zoning and Non-Conforming"Uses; amending Rochester Code of Ordinances, Section 62.601 was given its first reading. Larson moved, Powers second to suspend the rules and give it RECORD OF OFFICIAL PROCEEDINGS OF THE. COMMON COUNCIL ' 1131 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 38,"- May 7, 1979 Agenda Item F-1 this ordinance.: -,a --,second reading. Upon Roll Call vote, Aldermen Allen, Duffy; Larson, Powers, Solinger and Strain and President Postier voted aye. Ayes (7), Nays (0). Motion carried and the Ordinance was given its second reading. Allen moved, Powers second to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. Having no one .el.se that wished to be heard, Allen moved, Powers second to adjourn the meeting until 11:30 A.M. on May 16, 1979. Ayes (7), Nays (0). Motion carried. City Clerk Information - May 7,1979 I. Minutes from the C.O.W. meeting of April 30, 1979 2. Minutes from the C.O.W. meeting of April 23,-1979 3. Minutes from the C.O.W. meeting of April 16,.1979 4. Minutes from the C.O.W. meeting of April 9, 1979 5. Minutes from the C.O.W. meeting of April 2, 1979 6. Letter from OlmstedCounty Historical Society RE: Chateau Theatre 7. Letter from Debbie Zahradnik re: Parking of Cabs and Semi -Trucks - on 6th Street N.U. ( Ref. to Public Services Dept. for review and recommendations ) 8., Letter from 6'Nai Israel Synagogue.RE: R.arking on 7th Avenue S. W, ( Referred to Public Services Dept. for review and recommendation 9. Referred to. Planning.and-Zoning Commission: Petition for annexatic by A.M. Keith on behalf of the late O.S. Cummens.