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26 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL .
CITY OF ROCHESTER, MINNESOTA
February, 19, 1974 - Regular adjourned meeting _# 35
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President Postier called the meeting to order at 7.30 P.M:", 'the following
members being present: President Postier, Aldermen Kamper, Larson, 'a
Ludowese, McNary, Powers, Strain. - Absent:None.
McNary moved, Strain _seconded 'to approve the minutes of February 4,
1074 with the following correction: On Page .23, spelling on the word
sneak' was corrected.' Ayes (7); Nays (0). Motion.' cdrried.
Hearing on New Sidewalk Project # 2-1973 and # 5-1973, J 8456, and
J 8459 the Southerly side of Folwel I D'rive . S. W., 8th St. to Walden
Lane S.W. ' and West ' side 'of 15th' Ave S. E. ; 3 1/2 St'. S. E. North to
sidewalk -in place; west side of 14th Ave. 'S. 'E:., '3 1/2 St. S. E. North
to sidewalk in place; east side of 14th Ave. S. E. 3 1/3 St. to 4th St.
S.E.; West side 16th Ave.. S. W.;, .Ist St. S. W. to 2nd St. S. W.
No one was present thdt wished to be' heard, but a letter was presented
to the Council by Mr. J.W. Eagleburger questioning the computations
of his assessment. Larson moved', ,;P.owers�seconded to adopt the
prepared Resolution No. 55:,''instructin" the City Engineer to write a
letter to Mr. Eagleburger explaining the computation_. Ayes (7), Nays
'(0). Motion 'carried.
Hearing on New Sidewalk Project # 3-1973 North side of 28th St. N.W.
18th Ave. to 15th. Ave. N. W. northerly side 15th Ave. and 30th St.
N.W. from 28th St. to 12th Ave. N.W.; East side 12th Ave. N.W. from
I lot N. of Cascade St. N. W. north to sidewalk inplace; south side
15th Ave. N'. W. 13th Ave. N.W. 13th Ave. to 14th Ave. N. W.; southi:
side o 22nd St. N. W. 13th Avenue to 14th. Ave*. N. W. Having no on
present that wished to be heard, Powers moved, Strain seconded to adopt
the prepared Resolution No..56. Ayes (7), Nays (0). Motion carried.
Hearing on New Sidewalk Project # 4-1973 ( 1 8458 ) Both sides of 8 1/2
Ave. S. E. from 13th St. South through the Cul-de-sac; South side
13 1/2 St. S. E.. from 8th Ave. to Ilth Ave. S. E. No one was present
that wished, to be heard,, Ludowese moved, Kamper seconded to adopt
the prepared Resolution No. 57. Ayes (7), Nays (0). Motion carried.
Hearing on Concrete sidewalk on both sides of 8th Ave. S. E. from 16th
St. S. E. to 16 1/2 St. S. E. ( J 8462 ). Having no one present that
wished to be heard, Larson moved, Kamperseconded to adopt the pre-
pared -%solution No. 58. Ayes (7), Nays (0). Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON
CITY OF ROCHESTER, MINNESOTA
COUNCIL'
2`71
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February 119. 1974 - Reaular Adiourned meetina # 35
Hearing on ari Appeal of Order to Remove Driveway ( 1012.2nd St. S.W.)
(N.O. Hilleren"). A letter was' presented to the Council from • Jack
Dolan, Traffic Engineer recommending the denial of this appeal Wishing
to be heard in favor of the driveway was Mr. N..O. Hilleren. Ludowese
moved, Strain seconded to continue the hearing and have Mr.
Hilleren appear before the Committee of the Whole for discussion, and
action would be taken at the next Council meeting. 'Ayes (7), Nays
(0). Motion carried. -
Hearing on 'Trunkline Sanitary Sewer Extension along County.Roads
No. 4 and 151, and Watermain Extension -along 'County Road 151 to
serve Pace Foods in SW 1/4 Section 21, Cascade Township, Ludowese
moved, McNary seconded to adopt the prepared Resolution No. 59
ordering the project to be made, :Ayes (7), Nays (0). Motion` carried.
Powers moved, Ludowese seconded adopting the prepared Resolution No.
59 ordering theadwe6tisement of bids to be opened at- 11:00 A:M.
March 13, 1974. Ayes (7), Nays (0): Motion carried.
McNary moved, Ludowese seconded adopting the prepared Resolution
No. 60 referring proposed improvement' for feasibility report and
recommendation for construction. of Sanitary Sewer, Watermain and rough
grading in '15th Ave. N.W. between 40th St: and .41st St.: N.W. in
Sunrise Estates '2nd Subd. Ayes (7), Nays (0),' ,Motion 'carried.
Joe Koehnen, owner of Carol's' Massage Roch, Minn. wished to be
heard in regard to the regulations ' for massage and sauna parlors and
stated he was concerned about .the uniforms and the closing laws that
the City of Rochester is proposing. President Postier stated that the
Ordinance would be read later, and Mr. Koehnen could comment further
at, that time.
Strain moved, Ludowese seconded instructing the City Attorney to
prepare an ordinance amending Section 160.300 of the Rochester Code
of Ordinances ( Dancing to "Live -Music-.),. Ayes (7),Nays (0).
Motion Carried.
Larsom.trrio0v,_ed' Kamper seconded waiving the irregularity in bidding
for Airport -Security fencing, accepting the bid of Skyline Fence and
Landscaping Co. Ayes (7), Nays (0). Motion carried.
McNary moved, Ludowese seconded to award the bids for (4) Police
sedans ( Intermediate size) with no air conditioning 4and,,63,18y_Cu_--In.
Engine to Adamson Motors , and (I) Compact size 4 door- sedan 225 Cu.
In. Engine for the Park Department to Universal Ford. Ayes (5), Nays
(2), Alderman Larson and Alderman Kamper voting Nay. Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
February. 19 1974 - Regular adjourned meeting # 35
Larson moved, Kamper seconded to approve Resolution No. 61 ,
No. 62 and No 63 Accepting assignment of additional securities
.in collateral in .lieu of a depository bond from the Northwestern National
Bank of Rochester in the net amount of $350,000.00; the Rochester State
Bank .in the net amount of $485;000.00, and the First National Bank of
Rochester, Minnesota in the amount of $230,000.00.. Ayes (7), Nays
(0). Motion carried..
Strain moved, Powers seconded approving for payment the semi-
monthly bills, in the amount of $291, 807.94 ( list -attached ), Ayes (7),
Nays (0). Motion carried. _
Kamper moved, Strain seconded approving the prepared Resolution NO. 64
establishing the temporary position of Acting Superintendent- for the Waste-
water Treatment Plant and allowing a payment of $500.00 -to Roger Bennett
for services rendered between Sept. 15, 1973 and February -17, 1974.
Ayes (7), Nays (0). Motion carried.
Kamper moved, Larson seconded authorizing the Mayor and City Clerk
to sign the attached petition on behalf of the City -of Rochester to
vacate the 15 ft. Underground Easement on Lot 4, Se6i11"k Replat adopting
.Resoldt,iso-&eNorg655 s'ettinglchearinge ono.&t6474'h5on'deado' pti,ng•yResolution'. No.
6.'S'Ayjdinin"7iinto tthe!sp&fifi6n'ato: �vacateNunderground.cUt,i-l.ity Easement.
Ayes (7), Nays. (0). Motion carried.
Strain moved, Kamper seconded to approve Resolution No. 66 ca`ecepti:ng
f,ngineeri:ngdSe"rzvi:cesirAgreemgritn§dtween- the- City of Rochester and
-McGhie and Betts, Inc, for Wafermain Extensions on Utility Easements
on 31st St. N. E. Ayes (7), Nays (0). Motion Carried.
Larson moved, Ludowese seconded to adopt the prepared Resolution No.
67 Receiving preliminary reports and ordering a hearing to be held on
.March 18, 1974 on 12" Watermain in 18th Avenue N.W. North of 41st
-St: N.W. to 572 feet north. Ayes (7), Nays (0): Motion carried.
Larson moved, Ludowese seconded instructing the City Attorney to
prepare the necessary ordinance amending the existing ordinance
establishing a truck route on 2nd Avenue -N. E. between 2nd St. N. E.
7th St. N. E. Ayes (7), Nays (0). Motion Carried.
McNary moved, Powers seconded approving the prepared Resolution No.
68 Receiving preliminary report and ordering aF.public hearing to be held
March 18, 1974 on Public Improvements on 41st St. N. W. and 15th
Avenue- N. W. Ayes (7), Nays (0). -Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 29
CITY OF ROCHESTER, MINNESOTA
February 19, 1974 - .Regular adjourned meeting # 35
Larson moved, Kamper seconded approving the Prepared Resolution No.
69 declaring the cost to be assessed and Larson moved, Powers seconded
ordering a' hearing to be held on March 18, 1974 approving the prepared
Resolution No. 70. Ayes (7), Nays (0). Motion -carried.
Kamper moved, Powers- seconded adopting the prepared Resolution No.
71 approving the redistributing and providing- for recording by- the
Register of Deeds of the future connection charges on these lots and
publishing a notice of the hearing to be held March 18, 1974 on
Supplemental Assessment Part I of Allendale Improvements , Sanitary
Sewer and Watermain on 27th St. N. W. Ayes (7x), Nays (0), Motion
carried.
McNary moved, Powers seconded approving the- prepared Resolution No.
72 approving the leave of absence for Chester Hanna of the Street
and Alley' Department due to illness effective March 221 1974. Ayes
(7), 'Nays (0). Motion carried.
Ludowese moved, Strain seconded'' approving an auctioneer's and auction
license to Mr. Roy B. '.Johnson;"for a closeout sale at'the -Select
Fabric Mart 315 South Broadway'to be held March 7, 1974 subject to
payment of the necessary license fees and posting of the necessary bonds.
;A,yes; (7), Nays (0). Motion carried.
Larson moved, Kamper seconded to approve issui,ng�._elewe:n'ff(Ili)a(Off_=Sake
U_quo.rs<Licenses �a.tjr$2.00.00;ea:ch;(and��subm;itti�ng��alcbond=.of b$.1:;000'.00.
Tii'eseTrg0rbne"wa6i ,censeb;pffe- ve�ir, p-ilFgA' (I -Ayes(7)", Nays (0).
Motion carried.
Ludowese moved, Larson seconded instructing the City Attorney to proceed
with the acceptance of the -dedication of the southerly 40 ft. �of this land
for stree V. purposes regarding -the Metes and: Bounds Conveyance of Unplatted
Land 'at 3919 Trunk Highway 14* West ( Plywood Minnesota ). Ayes (7),
Nays (0). Motion carried.
Kamper moved, Powers seconded adoptngtResolution No. 73 approving
an agreement between the City and Yaggy Associates, Inc. for engineer-
ing serm(ces�i.n5fCandlewood POD. Ayes (7), 'Nays (0). Motion ,carried.
Powers moved, Larson seconded adopting Resolution No. 74 approving
,the vacation of Public Alley lying adjacent to and East of Lots, 1-7
inclusive , Block 3, -Flathers' Addition to the City of Rochester ( Hearing
November 19, 1973 ). Ayes (5), Nays (I), Alderman -Strain. Alderman
Ludowese abstained. Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
February 19, 1974 Regular adio'urned meeting # 35
Larson moved,, Kampen. seconded approving Resolution No.. 75 approving
a . temporary construction easement _granted b y_ Samuel P.. Allen and Iola
..M. Allend dated January 24., 1,97.'4`> ( Allendale ). Ayes (7);. Nays (0),
Motion carried.
Larson moved, Strain seconded adopting Resolution No. 76. approving
Public Utility- Resolution passed on February 42, 1974, setting billing
procedures and Rates charged by the. Water Department effective.. April I,
1974. Ayes (7), Nays (0). Motion carried.
Larson .moved, Powers seconded adopting Resolution. No. 77 approving
the Public Utility Board Resolution passed on February 12, 1974. for a
purchase order contract with People's Natural Gas Co. for Boiler Gas
Ayes (7), Nays (0). Motion carried.
An Ordinance Relating .to the .Housi.ng Code of. the City of Rochester,
Minnesota and the Registration of Dwellings; amending Rochester Code
of Ordinances, Section 49.020 as amended by Ordinance NO. 1739,
was given its first reading.. Larson. cooed, Strain seconded and upon
roll call vote which was unanimous to suspend the rules and. give this
ordinance its, second reading. RowersemovecG Ludowese seconded that
this ordinance be adopted. Ayes (7), -Nays (0,). Motion carried.
An Ordinance relating to dancing in places licensed to sell intoxicating
liquor was given its first reading.,
An Ordinance Relating to unfair Discriminatory. Practices; amending
Rochester Code of Ordinances by'adding Sections 220.042,' 220.044,
220.0461 220.0720, 220.090, and 220.095, and by amending Sections
220.010, 220.020 as amended by Ordinance .NO. 1632, 220.030, 220.0401
220.050 as amended by Ordinance No..1632 220.060, 220.070.. and
220.080 was given its second .reading. Ludowese moved,.Strain. seconded
that this ordinance by adopted as read. Ayes (7),. Nays (0), Motion
Carried.
An Ordinance relating to the. license and regulation of the .Business of
Saunas and massage; requiring the registration of ;employees;. imposing
fees and penalties for Violations; amending Rochester Code of. Ordinances
by adding anew Chapter 162. was given its first reading.
An -Ordinance. relating .to Sanitary. landfills and Charges therein; _ amending
Rochester Code of Ordinances Section 31.031, as amendedhby Ordinance
Nos. 1675, . 1717 and 1729 Upon motion by McNary, seconded, by
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
February 19; 1974 Regular adjourned meeting # 35
Powers to suspend the rules and give this Ordinance its second reading.
Upon': roll call vote; the vote: was: unanimous. . Powers moved, Kam per
seconded to adopt this ordinance as read. Motion Carried
Kamper moved, Strain Seconded to table the City participation in
National Guard Armory construction costs to allow the City Attorney
to obtain additioria] information and negotiation concerning * the method
and procedure for payment of the'City's share of -the construction cost.
Ayes (7), Nays (0). Motion carried.
.Having no further'bus:iness, Powers moved, Ludowese seconded that the
meeting be -adjourned until 5:00 P.M. February 25, 197-4. Ayes ),
Nays (0). Mot --ion Carried. -
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Information -February 19, 1974.E �
1. Minutes of the Standing Committee - 2-4-74
•2. Minutes of - the Standing Committee - 2-11=74'
3. Referral to Planning and Zoning:
a. Petition to vacate Block I and Outlots I of Rolling Greens
4th Addition.