HomeMy WebLinkAbout06-03-1974°e
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
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Strain moved, McNary seconded to appoint Robert Larson President
Pro-tem. Ayes (6). Nays (0). Motion carried.
President Pro-Tem Larson called the meeting to order at 2:00 P.M.,
the following members being present: President Pro-tem Larson,
Aldermen Kamper, Ludowese, McNary, Powers, and Strain. Absent:
President Postier.
Ludowese moved, Kamper seconded to approve the minutes of May 8,
and May 20, 1974. Ayes (6), Nays (0). Motion carried.
Kenneth Franek , Rochester, Minnesota wished to be heard and invited
the Council to join the Karl Kasulke golf tournament to be held
June 10, 1974 at the Eastwood Golf course and to attend the banquet
beginning at 5:30. Proceeds are to help the handicaped.
Strain moved, McNary seconded to approve the Mayor's appointment
to the Building Code Board of Appeals of Donald R. Saunders
2326 16th Avenue N. W. - Term expires May, 1976. Ayes (6), Nays
(0)'. Motion carried. '
McNary moved, Kamper seconded to approve the request of Mr. Terry
Kos of 727 15th Ave. S. W. for permission to hold a street dance
and close off a portion of 15th Avenue S.W. This is to be held
June 8, 1974. Ayes (6), Nays (0). Motion carried.
Strain moved, Ludowese seconded approving the request of Mr. James
Anderson of Jim's Ranch Market for a permit of temporary use of the
public street right -Of -way for exhibiting plant materials on 2nd St.
S. W. in the area in front of his store. This would be effective
until June 17, 1974. Ayes ( 4) Nays (2 ). Aldermen Kamper and
Powers voting Nay. Motion carried.
Order to Raze Building at 414 South Broadway ( Mrs. A.H. Rudlong )
no action was taken, this building was taken down.
Powers moved, Strain seconded to approve the license to sell
cigarettes received from Zumbro Oil Company to retail at Holiday
Station store at 805 South Broadway. Ayes (6), Nays (0). Motion
carried.
Kamper moved, Ludowese seconded to accept the bid of Jones Chemical
Company of Hudson, Wisconsin to furnish one year's supply of Liquid
- Chlorine for the Wastewater Treatment Plant for the year 1974-1975.
Ayes (6), Nays (0). Motion carried. (,$ 8.50 / cwt ). Resolution 242
Strain moved, Powers seconded to accept the bid of New Ulm Quarries,
New Ulm, Minnesota for 300 tons of Class "A" Aggregate at $ 8.75 per
ton , Ayes (6), Nays (0). Motion carried. Resolution No. 243.
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Agenda
Item
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
June 3, 1974 - Regular Adjourned Meeting # 6
Ludowese moved, Kamper seconded to accept the bid of Rochester Sand
and Gravel, Rochester, Minnesota for furnishing Plant mixed bitumin-
ous as follows: 3,500 tons # 2341 mixture F.O. B. Plant $10.50 per
ton; 500 tons # 2351 mixture F.O.B. Plant $16.00 per ton; 1,000
ton -miles hauling bituminous $.14 ton -mile ; 1,000 tons # 2341 mix-
ture laid and rolled - $13.50 per ton. This is for the year 1974-197
( Resolution No. 244 ). Ayes (6), Nays (0). Motion carried.
Strain moved, Powers seconded to accept the bid of L.N. Sickles to
furnish ( Item #. 3 ) 50,000 gal. of Cationic emulsion, CRS-1 or 2
at .3547 per gal. Ayes (6), Nays (0). Motion carried . Resolution
# 245. The bids were -rejected and authorization to purchase the
materials through negotiation was expressed by the Council of the
following: Item # 1- 10,000 gal medium cure cutback asphalt. MC-70,
MC-250; Item # 2 40,000 gal Rapid cure cutback asphalt, RC-800; Item
4 100,000 gal. Anti:stripping additive,to be added to the above price
per gallon. Bids were received from Northwestern Refining Co;
Koch Refining, L.N. Sickles; Richard's Oil Co.
Powers moved, Kamper seconded to accept the low bid of Rochester
Sand and Gravel, for 5,000 cu yds (A) F..O._B Rit'..Loaded in City, _
Trucks $ ^l : b` per :cu yd. .�a�l tho,ugh.� ii.a. i s noty,the_ 1 ow' b'i d;: the minimum
cost "of 'dry v� ng the. add_i-ti-onal` 8.:.4- mi 1 es would- be $2.00 compared to a
savings of $.50 in "the cost -of the sand. Item`# l -(b) Washed sand
delivered $2.62 accept the low bid of Rochester Sand and Gravel.
Item # 2 (A) 300 cu yds F.O.B. Pit loaded in City Trucks accept the
low bid of Fraser Construction Company in the amount of $1.70 cu yd
Item 2 (B) Delivered to points in the City low bid of Rochester Sand
and Gravel at $2.62. Item # 3, Crush road rock base 500 cu _yds (A)
F.O.B.quarry-loaded in City trucks :at;.$.I.90 cu;yd-.,,,Item:-:#j,3- (B); De-
livered to poi nts-`i n the City $2.90, accept the---1"ow bid of Paulson
Rock -Products, Rochester, Minnesota. Item # 4 (A) 300 cu yds 1/4"
crushed gravel , F.O.B. Quarry -loaded in City trucks $3.00 cu yd and
Item # 4 (B) Delivered to points in the City $4.10, accept the low
bid of Quarve - Anderson, Rochester, Minnesota. Item # 5 4" = 6"
oversize rock 300 cu yds (A) F.O.B. Quarry - loaded in City trucks
$2.25 and (B) Delivered to points in the City $3.35 accept the low
bid of Rochester Sand and Gravel. Ayes (6), Nays (0). Motion carri-
ed'. ( Resolution No. 246 ).
Kamper moved, Strain seconded to approve Resolutions No. 247 and 248
Accepting assignment of additional securities in collateral in lieu
of a depository bond from the Rochester Bank and Trust Company in
the -amount of $1,000,000.00 and the Northwestern National Bank,
in the amount of $620,000.00. Ayes (6), Nays (0). Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
June 3, 1974 - Regular adjourned meeting # 6
Agenda
Item
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Ludowese moved, Powers seconded to approve the application for appro
val.of Amendment No. 2 to the Planned Unit Development ( Preliminary
Plan ) for Rochester Methodist Hospital ( Standby Electric Generat-
ing Plant. Ayes (6), Nays -(0.). Motion carried.
President Richard Postier arrived at 2:35 P.M.
Ludowese moved, Kamper seconded the Petition to vacate the North'
125 feet ofthe alley adjoining Lots 4,5,6, & 7, Block 36,
Northern Addition, lying between llth St. N.E. and 12th St. N. E.,
just south of 12th St. N. E. instructing the City Attorney to
prepare a resolution setting the date for public hearing for July
15, 1974. Ayes (7), Nays (0). Motion carried.
Kamper moved, Larson seconded to adopt the prepared Resolution No.
249 revising our Personnel Policy to bring our sick leave up-to-
date regarding pregnancy and pre -natal and post -natal delivery
disability into conformance with State statutes and the Rochester
City Ordinance. It provides for paying sick leave to employees
during the time they are unable to work because of pregnancy.
Ayes (7), Nays (0). Motion carried.
Strain moved, Powers seconded to adopt the prepared Resolution No.
250 determining adequacy of improvement petition, receiving pre-
liminary report, ordering a public hearing and directing preparation
of plans and specifications in respect to the following improvements
Project 6256-9A-74 J 8507 Concrete sidewalk on both sides of 9th
Ave. S. E. from 13 1/2 Street S. E. to •15th St. S-. E. and
setting the public hearing for July 1, 1974. Ayes (7), Nays (0).
Motion carried.
Kamper moved, Strain seconded to adopt the prepared Resolutions
No. 251 and 252 receiving the preliminary report and ordering
a public hearing and directing preparation of plans and specificatioi
in respect to the following improvement and referring the proposed
improvement for feasibility report and recommendation: New Sidewalk
6256-9A-74 J 8509 Concrete sidewalk on both sides of 9th Avenue from
15th Street to 16th Street S. E. Ayes (7), Nays (0). Motion carried
Ludowese moved, Powers seconded to adopt the prepared Resolution
No. 253 approving the Maintenance Agreement between the City of
Rochester and the State of Minnesota for the fiscal year of July
1, 1974 thru.June 30, 1975 and authorizing the Mayor to sign the
agreement. Ayes (7), Nays (0),-Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL.
CITY OF ROCHESTER, MINNESOTA
June 3, 1974 - Regular Adjourned Meeting # 6
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Kamper moved, Strain seconded to adopt Resolutions No. 254, 255,
256,257 and 258-accep 9 the low bid for the following improvements:
New Sidewalk Project # 1-J8501 -'B. DeWitz,Roch.Mn - $31,248.90
New Sidewalk Project # 2-1974 J8502 Doyle Connor Co. 16,961.05
Roch. Mn.
New Sidewalk Project # 3-1974J 8503 Vonch Const. Co. 31,378.08
Roch. Mn.
Downtown Sidewalk -Replacement
Project # 1-1974 J 8499 Doyle Connor Co.
Roch. Mn. 73,058.50
Sidewalk Replacement # 1-2 NW SW Doyle Connor Co.'
J 845 2 Roch. Mn. 33,278.05
Downtown Sidewalk Project # 2-1'974 J 8500
Alternative # 2 B DeWitz, Roch.Mn. 111,007.88
Ayes (7), Nays (0). Motion carried.
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Ludowese moved, Strain seconded to adopt'," the prepared REsolutions
No. 259 and 260 declaring the cost to be assessed and ordering
preparation of proposed assessments and ordering a hearing on the pro-
posed assessments for the following local improvement: Project
6306-3-71 J 8390 Portion of HUD Project WSF-MN-05-1010 Phase I,
Sanitary Sewer and Watermain construction in 6th Avenue S. W. in Maple
Lane Subdivision. The hearing to be held June 17, 1974. Ayes (7),
Nays (0). Motion carried.
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Strain moved, Ludowese seconded to adopt the prepared Resolutions
No. 261 and 262 declaring the cost to be assessed and ordering
preparation of proposed assessments and ordering a hearing on the
proposed assessments.for the following'local improvement. Project
7002-1-72 ( J 8405 ) Portion of HUD Project WSF-MN=05-46-1010 Phase
I, Sanitary Sewer to serve DeWitts 'Subdivision. The hearing to be
held June 17, 1974. Ayes (7), Nays (0). Motion carried.
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Strain moved, Ludowese seconded to adopt the prepared Resolution
No. 263 authorizing the City Clerk to advertise for bids for the
following local improvement Drainage Structure under Frontage Road
abutting Block 2 and Drainage Way in Pennington Business Park Second
Subdivision. Project 7106-2-73-A J 8508. and instruct the City
Attorney to prepare an agreement for. Mr. Lupient's signature
that the City of Rochester pay for one-half and the owner pay the
other half. Ayes (0)), Nays (0). Alderman Strain ,(Nay).Motion Carrie
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Larson moved, Ludowese seconded adopting the prepared Resolution
No. 264 approving salaries and certain terms and conditions of
employment for personnel of the Public Utility Department. Ayes (7)
Nays (0). Motion carried.
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Strain moved, Kamper seconded approving the prepared Resolution
No. 265 awarding a contract to United Electric Corporations.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
June 3, 1974 - Regular Adjourned Meeting # 6
Agenda
Item
F-1 for furnishing 25,000' - # 1/O1(5 URD Cable. Ayes (7), Nays (0).
Motion carried.
F-1 Powers moved, Larson seconded adopting the prepared Resolution No.
266 awarding a contract to Westinghouse Electric Supply Company
Ayes (7), Nays (0). Motion carried.
F-1 Larson moved, Ludowese seconded adopting the prepared Resolution
No. 267 awarding a contract to the Judd Company for furnishing
-1- 1500 KVA PAD Mounted Transformer. Ayes (7), Nays (0).Motion
carried.
F-1 Ludowese moved, Powers seconded the adoption of An Ordinance re-
lating to Sanitary Landfills and Charges for the Discharge of Refuse
therein; amending Rochester Code of Ordinances Section 31.031, as
amended by Ordinance Nos. 1675,1717 1729 and 1744. Ayes (7),
Nays (0). Motion carried.
F-1 An Ordinance rezoning certain property creating a Planned Unit Dev-
elopment District known as PUD-14-R, amending Ordinance 1659, was
given its second reading. Strain moved, Kamper seconded to adopt
this ordinance as read. Ayes (7), Nays (0 ).. Motion carried.
F-1 .An Ordinance annexing to the City.of Rochester, Minnesota certain
unplatted land in Cascade Township, Sections 14 and 23, Township
107 North, Range 14 West, Olmsted County, Minnesota was given its
second reading. Powers moved, Larson seconded approving the
adoption. Ayes (7), Nays (0). Motion carried.
F-1 Larson moved, Ludowese seconded adopting Resolution No. 268
authorizing the Publ,ic Utility Board to purchase 515 1st Avenue N.E.
and 21 5th St. N. E. Ayes (7), Nays (0). Motion carried.
F-1 Strain moved, Larson seconded adopting Resolution 269 approving
the contract with Westinghouse Electric supply Company in the
.Amount of $24,570.84 for furnishing 7-500 KVA Pad Mounted Trans-
formers. Ayes (7), Nays (0).. Motion carried.
F-1 An Ordinance amending R.C.O Sections'161.030 and 161.040, and 161.07
relating to Non -Intoxicating Malt Liquor Licenses and fees; amending
the above was given.its first reading.
Having no further business, the meeting was adjourned upon motion
by Ludowese and seconded by Strain. Ayes (7), Nays (0). Motion
Carried. Meeting adjourned until 7:30 P.M.
RECORD OF OFFICIAL .PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Agenda
Item
E-7 Ludowese moved, Powers seconded to approve the semi-monthly bills
(list attached ) in the amount of $211,559.54 . Ayes-(7), Nays (0)
Motion carried:
A-1 President Postier called the meeting to order at 7:30'0'clock P.M.
the following members being present: President Postier, Aldermen
Kamper, Larson, Ludowese, McNary, Powers and Strain. Absent: None.
B-1 Hearing on the Proposed Assessments for Project 6301-2-72 ( J 8416 )
Street Construction, Sanitary Sewer Storm Sewer, and Watermain and
Service Connections on 1st Avenue S. E. from 9 to 9 1/2 St. S. E.
Having no one present that wished to be heard, McNary moved, Ludowes(
seconded adopting the prepared Resolutions No. 270 adopting these
assessments. Ayes (7), Nays (0). Motion carried.
B-2 Hearing on the Proposed Deferred Assessment for Project 6453-67 - Ex -
Sanitary Sewer and Watermain in North Skyline Drive abutting Lots
56 57,58 59 41,42 and 44 of North Sunny Slopes Addition. Having no
one present that wished to be heard, Kamper moved, McNary seconded
to adopt the prepared Resolution No. 271 adopting these deferred
assessments on Lot 59 North Sunny Slopes Addition ( Dr. Gravett ).
Ayes (7), Nays (0). Motion carried.
B-3 Hearing on the Petition to change the Zoning Districting on
Property located at 2926 North Highway 52 from the R-1 District to
the B-3 District. ( Eugene O'Neill).. Wishing to be heard was
a resident of 2030 31st Place N. W. , Pastor LARRY Kuntz of First
Christian Church, Pastor Ernest Skoog of 1837 16th St. N. W. Pastor
of the Berean Church, Don Mehoffey of 2015 30th Place N. W., Byron
Pierce -of 2011 29th Place N. W. E.G. Schroeder 1919 30th Place N.W.
Dick Smith speaking for Dale Kohlstedt of 2014 30th Place N. W.
John Schlenker of 1927 30th Place N. W., all opposed to this change,
Eugene O'Neil, owner of the property stated that this property could
not be sold as residential. Having no one else that wished to be
heard, the Hearing was closed, Kamper moved, McNary seconded to
deny the petition. Upon Roll Call vote, Aldermen Kamper, McNary,
Strain and President Postier voted Aye, and'Aldermen Larson,
Ludowese, and Powers voted Nay. Motion carried, and the change was
denied.
B-4 Hearing on the Petition to change the Zoning Districting on Property
loca-ted at East Center Street and 7th Avenue S. E. Wishing to be
heard was Ervin Hodge of 710 East Center Street, John Hanson of 716
East Center Street and they were opposed to this change. Wishing
to be heard was Spencer Ruff ,Architect on this project and stated
that they did not ask for the zoning to include 8th Avenue. Having
no one else that wished to be heard, the hearing was closed Larson
moved, Ludowese seconded to approve the zone.change including just
midway between 7th and 8th Avenue S. E. and instruct the City
Attorney.to prepare an�ordinance that can be adopted. Ayes (7),
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Nays (0). Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Agenda
Item
B-5 Hearing on Petition to change the Zoning Distric aing.on,proper-ty
Located at 506 1st Avenue N. E. from the M-IFF District to the M-2FF
District. No one wished to be heard, Ludowese moved, Powers seconder
to instruct the City Attorney to prepare an ordinance making the
change deleting the Kruse Property from the,Zone Change. Ayes (7),
Nays ;(0). Motion carried.
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Hearing on the Petition to change the Zoning Districting on Property
located at 214 North Broadway from the M-1 District to the B-2
District. No one wished to be heard, Strain moved, Ludowese seconde(
to proceed with this zone change and instruct the City Attorney to
prepare an ordinance making.the change that can be adopted. Ayes.(7;
Nays (0). Motion carried.
Hearing on the Petition to change the zoning Districting on property
located at 1822 North Broadway from the M-1.District to the B-lb
District. Wishing to be heard was Mr. Gerald Willis of 1749 3rd Ave
N. E. and is opposed to this change. Hugh Boston, Jr. of 1731 3rd
Avenue N. E. stated he was opposed to this change, Mr. Jay Bagne
of 524 5th St. N. W. stated that the land use was already approved.
Having no one else wishing to be heard, Powers moved, Strain seconde(
to proceed with this zone change.and instruct the City Attorney to
prepare an ordinance making the change that can be adopted. Ayes (7
Nays (0). Motion carried.
Application for approval ,of a Planned Unit Development ( concept
statement ) to block known as Armerada ( Area south of 37th St. N.W.
and East of 15th Avenue N. W. Wishing to be heard was Mrs. Mary
Wallace of 3118 Knoll Lane N. W., she read a letter that was sent
to the Council earlier and stated that the plan presented by Armarad
did not include a number of items. She stated that the plan should
be reworked and urged the Council to turn down the plan. Gordon
Miles of Omaha Nebraska was present and explained the plan. Mr.
Stan.Mohn was present and explained the lots.and the plan.. Mr.
Thomas Moore, Planning Director was also present and answered
questions. Mr. Haven Hodge of 1203 7th St. N. W. was present and
stated that he just bought the Elford property and was wondering
about the streets meeting and if they would, then he would have no
objection. He was assured that the streets would meet.
Mr Don Ott of 3402 16th Avenue N. W. was opposed to this. He
represented the Bel Air Sub. to the west of this property. Mr. Geor e
Restovich, of the Patterson Law office. represented the concerned
citizens of Bel Air Subdivision and stated they are opposing this
concept statement because this is not compatable to surrounding area
they feel that this is not a proper place for apartment buildings.
Mr. -Swanson, City Attorney stated that in a concept statement,
boundary lines do not have to be stated, in the full legal descriptioll.
Mr. Jesse Wallace questioned Mr. Swanson as to what detail a concept
statement should include. Mr. Swanson stated that the ordinance
stated that this is a general concept. Having no one else that
wished to be heard, Kamper moved, McNary seconded to deny the
concept statement. Upon roll call vote, Kamper, McNary, and Strain
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
. -CITY OF ROCHESTER, MINNESOTA
June 3, 1974 -Regular Adjourned Meeting # 6
Agenda
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voted aye, and Larson, Ludowese, Powers and President Postier
voted nay, and the motion to deny the concept statement was not
carried. Larson moved, Powers seconded to accept the concept
statement subject to the restriction of not exceeding 10 units per
acre, that a construction schedule be prepared for approval, that
a traffic analysis be prepared,_al_ongzwith the street allignment
pattern for streets for approval including the multi family
dwelling also in this motion. The single family dwelling is also
included in that portion, and the Developer and the Council are
aware of this. :Nays (2), Aldermen Kamper and Strain voting
nay. Motion carried.
McNary moved, Strain seconded to approve the merger of the City -
County planning staff that has been reviewed by the City -County
Committee of the Wholeand instruct the City Attorney and the City
Administrator to prepare the necessary documents. Ayes (7), Nays
(0). Motion carried.
An Ordinance Rezoning certin', property and amending ordinanc°e No.
1659 Known as the Zoning Ordinance of the City of Rochester,
Minnesota ( property on North Broadway- 214 - was given its first
reading.
Kamper moved, Strain seconded to extend the City's appreciation
to the Rochester Human Rights Commission by adopting Resolution
No. 272`: Ayes (7), Nays (0). Motion carried.
President Postier appointed Aldermen Strain and Larson to sit on
the joint Board with the County and the City regarding the merger of
the Planning Departments.
Having no further business, Powers moved, Larson seconded to
adjourn the meeting until June 17, 1974 at 7:30 P.M. Ayes (7),
Nays (0). Motion carried.
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City Clerk
Information:
1Claim for Injury - Rich Hall, Eagan Mn ( for injuries susta'i:n_ed`-`1.an11
going over Zumbro River Power Dam.
2Referred to the Planning Department - an application for approval
of a final plat of Green Meadows 3rd subd. ( George A. Baihly ).