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HomeMy WebLinkAbout01-17-19831, " RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 1897 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 26 - January 17, 1983 Agenda Item A-1 President Postier called the meeting to order at 7:30 P.M., the following members being present: President Postier, Aldermen Allen, Bluhm, Duffy, Powers, Solinger and Strain. Absent: None. Powers moved, Solinger second to approve the minutes of the December 29, 1982 and the January 3, 1983 meetings. Ayes (7), Nays (0). Motion carried. B-1 A Hearing on the CY1983 Section 5 - Federal Transit Assistance. This requests $308,865. for support of fixed route and dial -a -ride operati Having no one present that wished to be heard, President Postier closed the hearing. Powers moved, Duffy second to adopt Resolution No. 11-83 authorizing the filing of the grant -application for CY1983 Federal Transit Operating Assistance and authorizing the Maygr and the City Clerk to sign said agreement. Ayes.(7), Nays (0). Motion carried. B-2 A Hearing on the Proposed Assessment on New Sidewalk Project 3-1982 J 8786.Having no one present that wished to be heard, President Postil closed the hearing. Powers moved, Strain second to adopt Resolution No. 12-83 accepting the assessment. Ayes (7), Nays (0). Motion carried. B-3 A Hearing on the Proposed Assessment on New Sidewalk.Project 2-1982 8785 N.E. area. Wishing to be heard was Orville Robinson of 1827 Wilshire Drive N. E. He stated that the sidewalk was built without his knowledge. He.stated that he had received a hearing notice, but not when the contractor was going to put it in. He stated that the yard was left in a mess and the sod next to the walk was not put back He was really concerned about the waiver that was with his house back in 1972. He stated that a waiver had been made and signed by the Public Services Dept. to waive any requirements for sidewalk. Now it is put in and he is opposed. -..He feels the City should take the responsibility to pay for the sidewalk. Roger Plumb, Public Services Director stated that they don't sod next to the sidewalk and that �t this time all the City can do is assess a piece of property according to the current assessment practices. Mr. Robinson stated that it is unfortunate that in his case the ordinance was ignored. Alderman Strain stated that he should have informed the Council of this problem before the sidewalk was built. Having no one else present that wished to be heard, President Postier closed the hearing President Postier stated that this really is civil matter between the builder and the present owner on the agreement on the sidewalk. Alder man Powers stated that the builder should pay this and asked Mr. Fred Suhler, Jr. to pursue the matter to help Mr. Robinson. Having no more discussion, Powers moved, Solinger second to adopt Resolution No. 13-83 accepting the assessment. Ayes (7), Nays (0).Motion carried. ins . r B-4 A Hearing on the Recommended Charter Changes as follows: 1) Repeal of Section 18 in its entirety. 2),.:,Amendment of Section 25. Section 25 currently does not allow an officer of the City to have any intere It Y Agenda Item C-1 C-2 C-3 C-4 C-5 C. C-7 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 26 - January 17, 1983 in any city contract no matter how miniscule or how indirect the interest. The new Section 25 would allow those minor interests as are currently allowed by State Law. 3) Addition of a new Section 31 As the current Charter is completely written in the masculine, the Commission wished to add this provision.. Having no one present that wished to be heard, President Postier closed the hearing. Duffy moved, Strain second to instruct the City Attorney to prepare an Ordinance for adoption changing.the Charter. Ayes (7), Nays (0). Motion carried. Solinger moved, Bluhm second to approve the Mayor's Appointment of Charles Harkins of 3818 14th Avenue N. W. and William Crawford of 1641 8 112 Avenue S. E. Term to run until Dec. 31, 1985 to the Cable TV Advisory Committee. Ayes (7), Nays (0). Motion carried. Strain moved, Duffy second to approve the Mayor's Appointment of Robert W. McIntosh of 1615 9th Ave. N. E.; William C.Kearns of 388 Norseman Court N. W. and Amy Caucutt of 716 28th Street N. W. These people were appointed to the Planning and Zoning Commission. McIntosh and Kearns terms end December, 1983 and Ms. Caucutt December 1985. Ayes (7), Nays (0). Motion carried. Allen moved, Powers second to approve the Mayor's Appointment of Roger E. Petersen of 818 8th Avenue S. W. to the Housing and Re- development Authority. Mr. Petersen will fill the unexpired term of Carl Laumann who resigned. Term runs to February 1984. Ayes (7), Nays (0).Motion carried. Bluhm moved, Strain second to approve the following Mayor's Appoint::-i ments to the Heating , Ventilating, Air Conditioning hoard of Review as follows: John Scheid of 2502 14th'Avenue N. W. and Lloyd Collopy 1305 8th Avenue N. E. Terms will expire November, 1985. Ayes (7), Nays (0).Motion carried. Duffy moved, Allen second to approve the Mayor's Appointment to the Building Code Board of Appeals of William T. Meschke of 647 16th St., S. W. Mr. Meschke will fill the vacancy of Thomas Coleman who served two consecutive terms. Ayes (7), Nays (0). Motion carried. Bluhm moved, Duffy second to approve the following appointments by the Mayor to the International Affairs Committee. Catherine Park 712 17th Street S. E. replacing Geri Plioplys. Mary Moore Nance 1521 16th Ave. N. W. replacing Alfredo Garcia. Veronica Wotipka 641 20th N. E. replacing Leilani Gibbs. Ayes (7), Nays (0).Motion carried. Strain moved, Bluhm second to approve the following appointments by the Mayor to the Energy Awareness Committee: Gregory P. Munson 934 10 Ave. N. E. replcing Tom Breviu. Jeanne Quammen 307 llth Avenue S. E. repalcing Harry Singh. Ayes (7), Nays (0).Motion carried. i RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL I.S99 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 26 - January 17, 1983 Agenda Item C-8 Duffy moved, Strain'second to approve the Mayor's Appointments to the Music Board as follows: At Large Members: Dr. Ed. Lufkin 836 loth Street S. W., Mary Jo Pappas, 835 8th Avenue S. W., Bill Oehler 420 Elton Hills Drive, Susan Sponsel 2614 5th Avenue N. W., Karen Pettit( Replacing Robert Scoggin) 925 9th Avenue S. W., Joseph McKeon ( Replacing Lou Ohly ) 600 4th St. S. W., William Laing (Replacing Dr. Emmerson Ward) 724 1st St. S. W. FIRST WARD: Nancy Ondler, SECOND WARD: Eugene Mayberry 705 8th Avenue S. W., THIRD WARD: Patricial Chrisope of 3531 6th Place N W.; FOURTH WARD: David Lawrence, 1607 20th Avenue N. E. SIXTH WARD: Marvis Hinkle of 2228 Viking Dr. N. W. Ayes (7), Nays (0). Motion carried. D-1 Bluhm moved, Strain second to adopt Resolution No. 14-83 referring the said petition to the Public Services Department for a feasibility report on Sanitary Sewer Extension to serve Meadow Hills First Subdivision. Ayes (7), Nays (0). Motion carried. E-1 Bluhm moved, Solinger second to adopt Resolution No. 15-83 approving a Library Contract between the City of Rochester/Rochester Public Library and the City of Stewartville/Stewartville Public Library. Ayes (7), Nays (0). Motion carried. E-2 Duffy moved, Strain second to a0pr'O.ve the request for payment recievel from Thein Well Company, Rochester, Minnesota for work completed on repairing the pump installed in the well at the Rochester Municipal Airport. The amount for payment is $11,520.95. Ayes (7), Nays (0). Motion carried. E-3 Solinger moved, Strain second to adopt Resolution NO.16-83 authorizing the Mayor and the City Clerk to execute the airport agreement with American Central Airlines, Inc., the City of Rochester and the Rochester Airport Company. The lease shall terminate December. 31, 1983. The airline flies from Minneapolis,to Rochester, DuBuque Iowa, Jansvi le Bdloit, Chicago. On the flight back it is non stop from Chicago. Ayes (7), Nays (0). Motion carried. E-4 Strain moved, Duffy second to approve the following licenses and bonds: Request received for an Auctioneer's License from Donna J. Draves, 1701 Highway 52 North. Bond has been received. Request for a single Gambling License received from Rochester Jaycees for a raffle to be held on April 6, 1983. The bond was waived by the Council. Request received from Maple Manor Nursing Home for a Bingo License to be held on April 6, 1983. The Council waived the bond requirement. The renewal licenses as follows were requested to be approved: AUCTIONEER LICENSES - Ellsworth S. Lloyd of 412 27th St. N. E., Harold E. Stafford, Box 28, Mantd;rville, Minnesota. GAMBLING LICENSE Fraternal Order of Eagles 2228, 409 First Avenue N. W. HEATING, VENTILATING AND AIR CONDITIONING -Contractor-Kirckof Plumbing & Heating Co. P.O. Box 6350 Rochester, Mn. Master Installer - Bernard Kirckof of Kirckof Plumbing and Heating Co. P.O.Box 6350 Rochester; Thomas W. Mahon of M.E.P.C. American Properties of 917 17th Street S.E.; Jerome J. Rein of 1716 Cascade Street N. W.; Charles L. Fisher RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 26 - January 17, 198 Agenda Item E-4 Faircon, Incorporated of 4303 Metcalf Drive, Eagan, Minnesota; Randy L. Strain of Surburban Air Doncitioning Co. from 8013 Fourth Avenue North, Lino Lakes, Minnesota. MASTER PLUMBER Kirckof Plumbing and Heating Co. 3745 Highway 63 North P.O.Box 6350. SALVAGE DEALER C & D Alloy,Box 350 Calmar Iowa. SEWER AND DRAIN CONNECTOR - Badger Sewer and Water, Inc. of P.O.Box 1104 ; Bernard Kirckof of 1058 19th Avenue N. E.; John Pelowski of Box 154-A Dover, Minnesota. SIDEWALKS, CURBS AND GUTTERS, DRIVEWAYS - cement - James L. Mathison of 1309 Northern Heights Dr. N.E.. BINGO - Fraternal Order of Eagles 2228, 409 First Avenue N. W. The following bonds have been recieved: Auto -Owners Insurance Company - Pine Plumbing and Heating $5,000.00. Capitol Indemnity Corporation - Badger Sewer and Water $3,000.00. Great American Insurance Company - Kirckoff Plumbing and Heating, $5.000.00, $3,000.00 and $2,000.00; North River Insurance Company Donna Draves $500.00.; Statesman Insurance Company C & D Alloy, Inc. $1,000.00; Transamerica Insurance Company,Ellsworth S. Lloyd $500.00; Tri-State Insurance Company - Harold Stafford $500.00. Insurance Company of North America -.Taylor Industries $5,000.00. Ayes'(7), Nays (0).Motion carried. E-5 Powers moved, Duffy second_to.approve the semi-monthly list of the bills ( list attached ) in the amount of $1,810,660.34. Ayes (7), Nays (0). Motion carried. E-6 Bluhm moved, Strain second to adopt Resolution No. 17-83 and 18-83 de• signating the First National Bank<..'of Rochester, The Northwestern National Bank of Rochester, the Marquette Bart( and Trust Company of Rochester, the Rochester Bank and Trust Company, United Financial Savings and Loan Association, Minnesota Federal Savings and Loan Association, Twin City Federal Savings and Loan Association and Home Federal Savings and Loan Association as depositories of the public funds of the City of Rochester. Resolution 18-83 resolves' the action of Chuck Hazama, Mayor of the Cii of Rochester and Paul C. Utesch, Treasurer of. the City of Rochester in authorizing the First Nattonal ;':Bank.'.of. Rbche-t-ter,, .The, Marquette Bank and,Trust Company of Rochester, the Rochester Bank and Trust Company, United Financial Savings and Loan Association, Minnesota Federal Savings and Loan Association, Twin City Federal Savings and Loan Association and Home Federal Savings and Loan Association, and 11 designated depositories authorized to do business in Minnesota, to honor checks, drafts or ;.other orders for the payment of money rawn on public funds of the City of Rochester on deposit with any f the said banks and savings and loan associations, when such cheeks rafts, or other orders for the payment of money bear their facsimile ignatures is hereby approved. esolution No. 19-83 authorizing facsimile signature and endorsement f Certificates of Deposits: The checks against the General Account t the Northwestern National Bank of Rochester and the payroll at he First National Bank of Rochester will bear facsimile signatures•,of �huck Hazama, Mayor of the,City of Rochester and Paul C. Utesch, reasurer of the City of Rochester and any and all other di rectitons E odrpora�� stioow of �ie ea te�cwjEhw!Pdr�a���tmfd�r tVnqjg4V dt��sany onE f the followAng: Anna F. Easley, Accountant . Paul C. Utesch, I RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA _Adjourned Meeting No. 26 - January 17, 1983 Agenda Item E-6 The said banks shall be entitled to rely upon a certified copy of these resolutions until written notice of modification or rescission has been furnished to and received by said banks. Resolution No. 20-83 -26-83 pertains to the Assignment of securities as follows: 20-82 Additional securities in the amount of $2,000,000.0 in collateral in lieu of a depository bond and releases in the amount of $1,545,000.00 from the Rochester Bank and Trust Rochester, Mn. 21-83 Additional securities in the amount of -0- in collateral in lieu of a depository bond and releases in the amount of $1,142,332.00 from the United Financial Savings and Loan Association, Rochester, Mn 22-83 Additional securities in the amount of -0- on collateral in lie of a depository bond and releases in the amount of $855,209.29 from the Northwestern National Bank, Rochester, Minnesota. 23-83 Additiona securities in the amount of $500,000.00 in collateral in lieu of a depository. bond and releases in the amount of $100,000.00 from the First National Bank of Rochester, Minnesota. 24-83 Additional securities in the amount of $1,523,929.98 in collateral in lieu of a depository bond and releases in the amount of -0- from the Minnesot Federal Savings and Loan Association, Rochester, Minnesota. 25-83 Additional securities in the amount of $1,632,400.00 in collateral in lieu of a depository bond and releases in the amount of $661,097.0 from the Home Federal Savings and. -Loan Association, Rochester, Minnes 26-83 Additional securities in the amount of -0- in collateral in lie of a depository bond and releases -,in the amount of $600,000.00 from Marquette Bank and Trust Company, Rochester, Minnesota. Ayes (7), Nays (0). Motion carried. E-7 Strain moved, Bluhm second to adopt Resolution No. 27-83 authorizing the City Clerk to advertise for bids to be opened at 11:00 A.M. on February 1, 1983 for furnishing one 27,500 GVW chassis and dump box and one 1/2 ton diesel pickup truck for. -the Public Services -Dept. Ayes (7), Nays (0).Motion carried. E-8 Strain moved, Allen second to adopt Resolution No. 28-83 which enters into a purchase agreement with George-Baihly-for approximately 15.2 acres of lands owned by Baihly for park purposes. The sum not to excee $27,378.00. Aldermen expressed their opinion on the purchase of additional park property due to the economic cut backs. Since this property was in the floodway it would be acceptable to buy additional park property at this time. Having no.further discussion, Motion was voted on. Ayes (7), Nays (0). Motion carried. E-9 Duffy moved, Powers second to adopt Resolution No. 29-83 adopting the wage/salary program to cover; exempt employees ( City and Public Utilities ) and Technical Support employees, Pu$li,c Utilities. Ayes (7), Nays (0). Motion carried. E-10 Solinger moved, Strain second to adopt Resolution No. 30-83 adopting a 6% salary increase for all Exempt City Employees, effective Jan. 1, 1983. Ayes (7), Nays (0). Motion carried. to 1901 1902 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 26 - January 17, 1983 Agenda Item E-11 Powers moved, Strain second to adopt Resolution No. 31-83 authorizing 6% salary increase for Public Utility Employees: Exempt, employees not covered by a contract/plan, general manager, effective 1-1-83. Ayes (7), Nays (0). Motion::carri.d..d. E-12 Bluhm moved, Allen second to adopt Resolution No. 32-83 approving the Application for approval of a Metes' and Bounds Conveyance of Unplattec Land by Gerald and Beverly Nelson North of Fierkes First Replat.This is subject to the owners granting to the City the roadway easement that insures the existing gravel drive being maintained by the City is on public right-of-way. Ayes (7), Nays (0).. Motion Carried. E-13 Strain moved, Powers second to adopt Resolution No. 33-83 accepting the feasibility report and ordering a hearing to be held on March 7, 1983 for Project No. 6311-83 J 8767.Street Reconstruction on llth Ave:. N. W.-S.W. from 2nd Street N. W. to 2nd Street S. W. Ayes (7), Nays (0). Motion carried. E-14 Powers moved, Bluhm second to adopt Resolution No. 34-83 accepting the feasibility report and ordering a hearing to be held on February 22, 1983 on Project 8215-83 J 8801 Watermain Extension on 3rd Avenue �\ N. W. from 37th Street N. W. to a point approximately 350 feet South. Ayes (7), Nays (0). Motion carried. E715 Solinger moved, Strain second to adopt Resolution No. 35-83 authorizir the City Clerk to advertise for bids on Project No. 8206-0-82 J 8781 Extension of Sanitary Sewer and Watermain to Serve Proposed Zumbro Village ( The Harborage ) and other Lands. Bids to be opened at 11:00 A.M. on February 16, 1983. Ayes (7), Nays (0). Motion Carried. E-16 Strain moved, Powers second to adopt Res.,..No:36-83 ,37-83 declaring-; the cost to be assessed and order a hearing to be held on February 22, 1983 on Project No. 6354-81 J 8746 Reconstruction of a Drainage Ditch from 18th Avenue N. W. to 15th Avenue N. W. adjacent to Bel Air First and Second Subdivision. Ayes (7), Nays .(0). Motion carried. E-17 Strain moved,'Duffy second to adopt Resolution No. 38-83 approving payment of a Supplemental Agreement No. 3 for Project No. 6301-3-81 J 2506. The amount approved was $1,752.60. Ayes (7), Nays (0). Motion carried. E-18 Strain moved, Powers second to adopt Resolution No. 39-83 approving payment of a Supplemental Agreement No. 5 for Project No. 6301-3-81 J 2506 in the amount of $2,950.00 Ayes (7), Nays (0). Motion Carried. E-19 Solinger moved, Powers second to Adopt Resolution No. 40-83 approving a resolution of the Public Utility Board accepting the Supplemental Agreement No. 2 to the Electric Service Agreement with St. Mary's Hospital. Resolution No. 41-83 approving a resolution of the Public Utility Board approving a contract with Thein Well Co. for furnishing deep wel turbine pump for Well No. 29. The amount to be $18,800.00. i RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 26 - January 17, 1983 Agenda Item E-19 Resolution No. 42-83 approving a resolution of the Public Utility Board approving Amendment No. 1 to an engineering services agreement with Ulteig Engineers, Inc. for planning, design and con�:truction of substation and transmission facilities at Cascade Creek and Zumbro River substations and the Zumbro Hydro Plant. The amendment increase is to be $30,000. •'otal amended contract price to be $285,000.00. Resolution No. 43-83 approving a resolo.trion of the Public Utility Board approving a purchase order agreement with United Electric Corporation for furnishing 288 watthour meters. Amt. to be $18,886.00 Resolution No.!:�`44=83 approving al:resolution of the Public Utility - Board approving Amendment No. 1 to _contract agreement with Grinnell Fire Protection Systems, Inc. for furnishing piping modifications for the Silver Lake Plant turbine lube oil fire protecton system beyond the original scope of work. This increase is $3,500. Total amended contract amount to be $22,724.00. Ayes (7), Nays (0). Motion carried. E-20 Duffy moved, Bluhm second to approve a:Change in the Gambling Ordinan and On and Off Sale Intoxicating Liquor and Non -Intoxicating Liquor. This is necessary to amend the requirement of the State mandatory dram shop provision. The Gambling Ordinance change reduces the number of members an organization must have to qualify for either a gambling or bingo license from A minimum of 30 members to 15 member It also defines what kind of orgariization may obtain a license. The City Attorney is instructed to prepare an Ordinance for adoption. Ayes (7), Nays (0). Motion carried. E-21 Bluhm moved, Strain second to approve the increase in cigarette sales licensing fee as follows: Over -the Counter Sales $20.00 per year and Vending Machine Sales to $15.00. The City Attorney is instructed to prepare an Ordinance for adoption incorporating the changes. Ayes (6), Nays (0). A:lderman.Allen.abstained. Motion carried. E-22 Powers moved, Bluhm second to approve the formal action endorsing the Commercial Area Redevelopment Plan D5, but recognizing that this endorsement does not commit the City to take the necessary actions required to implement this project until studies are completed that prove the project to be economically feasibl6tand desirable to satisfaction of the Common Council and Authbri:ze the entering into an agreement betweeen the City of Rochester, Downtown Tomorrow, Inc. and BRW to conduct a feasibility study for an appropriate pedestrian linkage for Redevelopment Plan D5. The City will fund up to one- half of the total estimated cost of $10,000. This is contingent on review and approval of the agreement by City staff. Ayes (7), Nays (0). Motion carried. E-23 Solinger moved, Bluhm second to approve the payment of $159,150.87 to Adolfson and Peterson, Inc. for work done on the West Center Street Ramp. The retainage is adequate to cover the necessary repair costs that the City may require. Ayes (7), Nays (0). Motion carried. 19-03� 1904 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 26 - January 17, 1983 Agenda Item F-1 An Ordinance Relating to the Charter of the City of Rochester, Amendin Section 25; Repealing Section 18; and Adding a new Section 312A was given its first reading. F-1 An Ordinance Relating to Bingo and Gambling; Amending Rochester Code of Ordinances, Chapters 101 and 107 in Certain Particulars; amending Rochester Code of Ordinances Sections 101.02, Sub. 5, 107.01, 107.03 107.04, 107.10, 107.11, 107.12 and 107.14 was given its first reading. F-1 An Ordinance Relating to Intoxicating Liquor and Non -Intoxicating Malt Liquor; providing that certain licenses provide proof of Financia' Responsibility; Providing for the filing of a bond; amending the Rochester Code of Ordinances, Chapter 125, by adding a Section; Amending the Rochester Code of Ordinances, Section 125.07, was 'given- its first reading. F-1 An Ordinance Relating to License Fees; Establishing Fees for a license to sell Cigarettes and Cigarette wrappers; amending the Rochester Code of Ordinances, Section 103.03 was given its first reading. F-1 An Ordinance Rezoning Certain Property creating a Planned Unit Development District known as PUD-R-65 and Amending Ordinance No. 1659, Known as the Zoning Ordinance of the City of Rochester ( Evergrel Gardens) was given its second reading. Duffy moved, Powers second to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. H-1 The Mayor presented his list of volunteers to work on the 1.25th Anniversary of the City of Rochester.. The Mayor indicated the following people have accepted this appointment. Ann Chafoulias,, Roy Watson, Jeanine Hamilton, Audrey Erdman, Mary Lund, Gen Tyrell Chuck Canfield, Harold Syverson, Bob Ryan, Cliff Johnson, Dick Kaley, and one pending position. Bluhm moved, Solinger second to approve thi Committee. Ayes (7), Nays (0). Motion carried. ami-6g no further business, Allen moved, Strain second to adjourn he meeting. Ayes (7), Nays (0). Motion carried. City Clerk nformation 1-17-83 . Notice of Claim - James and Carol Kelly vs City,of Rochester, nd.School District 535, Hammel Green Abrahamson, Inc. and Fraser onstruction Co. Ref. City Attorney and Finance Dept. . Committee of the whole minutes from 12-29-82, 1-3-83 and 1-10=83.