HomeMy WebLinkAbout07-07-1975RECORD OF OFFICIAL PROCEEDINGS OF THE, COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
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,
Kamper, Larson, McNary, and Strain. Absent:Alderman Powers.
Kamper moved, Strain second to approve the minutes of June 16 and
June 25, 1975. Mr. Swanson requested that Item No. 5 be added to
the information section stating as follows: No. 5 A copy of the
Supreme Court decision of the Kelly Case was supplied to each member
of the Council. Ayes (6), Nays (0). Motion carried.
C-1 Larson moved, Strain second to approve the Mayor's appointment for
promotion to detective to fill the vacancy created by Clark Tuttle's
promotion to captain. This person is Alan Fritsche , 1412 12th Avenue
N. E., and for promotion to lieutenant created by the retirement of
Lt. Douglas A. Krueger. The person is Lloyd D. Lowrie , Oronoco, Minn.
Ayes (6), Nays (0). Motion carried.
C-2 Strain moved, Allen second to approve the Mayor's appointement to the
Library Board of Dr. Jennings Johnson of 504 15th St. N. W.; and
Everett D. Humke 2213 Valkyrie Drive. The terms of these people are
for three years. Ayes (6), Nays (0). Motion carried.
C-3 Kamper moved, McNary second to approve the Mayor's appointment to the
Public Utility Board of Thomas E. Doyle of 2204 17th Avenue N. W.
Mr. Doyle will fill the incomplete term of Mr. David Roesler who
resigned. The expiration of that term is April, 1976. Ayes (6),
Nays (0). Motion carried.
C-4 Allen moved, Larson second to approve the appointment of the Mayor
of Mr, Karl W. "Bud" Hargesheimer of 1409 5th St. N. E. to the Rochester
Music Board. Mr. Hargesheimer will fill the incomplete term of
Kenneth 0. Stocke who resigned. The expiration of the term is
January, 1976. Ayes (6), Nays (0). Motion carried.
E-1 Larson moved, Kamper second to approve a change order subtracting
$402.35 from the contract'amoun t for Saxton Construction on the Fire
and Crash Building. The change order is requested because length of
pilings in the base bid at 1250' and length of piling in,place at 1073
resulted in 177' not installed creating a credit in the amount of
$402.35. and, the approval of the following periodic estimates for
fire and crash building: Nietz/:Electric # 1 January 23 to May 29,1975
$2,747.70; Saxton Construction Company $17,051.50; and Weichselbaum
HSR $739.65.. Ayes (6), Nays (0). Motion carried.
E-2 Larson moved, Allen second to adopt the prepared Resolution No. 235-75
authorizing the Mayor and City Clerk to execute a grant agreement on
behalf of the City of Rochester between the Governor's Commission on
Crime Prevention and Control and the City of Rochester for Grant No.
2308606575 entitled Police Management Study. contingent on approval
of the Affirmative Action Plan being accepted and completed. Ayes
(6), Nays (0). Motion carried.
Agenda
Item
E-3
E-4
E-5
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 9 - July 7. 1975
Kamper moved, McNary second to instruct the City Attorney to prepare
the necessary ordinance authorizing the issuance of wine licenses
for restaurants. Included in the ordinance will be setting a
license fee of $1,500.00; a $3,000.00 bond; No limit on the number
of licenses issued; and issuance to a minimum of 25 people for
seating capacity. Ayes (6), Nays (0). Motion carried.
Kamper moved, Strain second to instruct'the City Attorney to initiate
condemnation proceedings on the Kothenbeutel Property in the 500 block
on North Broadway on the property we need. After discussion by the
Council, a vote was taken Ayes (5), Nays (1),Pres. Postier:voted nay.
Motion carried.
Allen moved, Kamper second to instruct the City Administrator to
draft a letter to the Minnesota Housing Finance Agency stating that
the Council is aware of the needs for this type of housing. Ms Levin,
Administrative Assistant stated that this would not commit the Council
in any way, it just states that they are aware of the needs. Ayes (6)
Nays (0). Motion carried.
E-6 Strain moved, Allen second to approve the request from the Marquette
Bank to erect a lemonade stand and serve lemonade at the corner of
2nd Street S. W. and Broadway. This stand would be operated.by non-
profit organizations from town. This would be operated the last part
of July, and the first part of August. Ayes (6), Nays (0). Motion
carried.
E-7
E-10
E-11
Strain moved,Larson-second to approve the Auctioneer license for
Russell Dahl of Sturgeon Lake, Minnesota to hold an auction at the
4H building at the Olmsted County Fairgrounds on July 13, 1975. This
is from Tri-State Liquidaters with main offices in Nampa, Idaho.
They are liquidating the American Saddle Co. from Houston Texas.
Ayes (6), Nays (0). Motion carried.
Larson moved, Kamper second to approve the request received from
Lysne Construction Company of Blooming Prairie to move a school house
from the Olmsted County Fairgrounds to the.Olsmted County Historical
Society property on Salem Road. The Public Utility Department has
stated their approval, and the Park Department stated that a few tree!
may have to be trimmed, but the mover will pay the expense. Ayes (6)
Nays (0). Motion carried.
Larson moved, Strain second to adopt the prepared Resolution No.
236-75 and 237-75 ordering a feasibility report and ordering a hearin
to be held on August 4, 1975, on Project 6202-3-74 J 8418 Sanitary
Sewer and Watermain along the south side of 2nd St. S. W. from the
east line Lot 1, Block 3, Highland Addition to the west line of Lot
13 , Block 4, Highland Addition. Ayes (6), Nays (0). Motion carried.
Kamper moved, Strain second to adopt the prepared Resolutions No.
238-75, 239-75, 240-75 and 241-75 accepting the low bids of the
(following:
3I3
314 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 9, July 7, 1975
Agenda
Item
E-11 New Sidewalk Project No. 1-75 J 8528 awarded to Donald L. Prow
for the amount of $11,449.32
New Sidewalk Project No. 3-75 J 8530 awarded to B. DeWitz for
the amount of $12,395.14
New Sidewalk Project No. 4-75 J 8531 awarded to Donald L.Prow
for the amount of $14,046.00
New Sidewalk Project No. 5-75 J 8532 awarded to Fraser Construction
Company for the amount of $34,068.05.
Ayes (6), Nays (0). Motion carried.
E-12 Larson moved, Allen second to accept the Planning and Zoning Commissic
Recommendation that there is a need to improve the overall attractive-
ness and useability of the downtown area and the need to establish a
downtown redevelopment district and recommend that the boundaries for
district as proposed be adopted. Ayes (6), Nays (0). Motion carried.
E-13 Strain moved, Larson second to adopt the prepared Resolution No.
242-75 authorizing the City Clerk to advertise for bids on the
following projects: Project No. 6202-2-75 J 4950 and Project 6202-3-
75 J 4950 on Repaving a portion of 2nd St. S.E. between 1st Ave.
S. E. and 2nd Ave. S. E. and 2. Repaving the 2nd Street S.W., lst Ave.
S. W. intersection. Bids will be opened at 11:00 A.M. July 30, 1975.
Ayes (6), Nays (0). Motion carried.
F-1 McNary moved, Larson second to adopt the Resolution No. 243-75
authorizing the Financing of the proposed Rochester Methodist Hospitz
expansion project, approving a memorandum of agreement and requesting
the approval of the Commissioner -of Economic Development and the
opinion of the Attorney General with respect thereto( Revenue :Bonds
in the amount of $17,683.000.) Ayes (6), Nays (0). Motion carried.
F-1 An Ordinance Rezoning certain property creating a Planned Unit Develo-
pment District known as PUD-M-20 and amending Ordinance No. 1659 known
as the Zoning Ordinance of the City of Rochester, Minnesota
( Those parts of Lots 11 and 12 in Block 50 of the Original Plat of th
City of Rochester acccording to the recorded plat thereof, lying north
easterly of a line parallel with and distant 25 feet northeasterly,
measured radially, from the center line of the main track of the Chica
and Northwestern Railway Company ( formerly the Chicago Great Western
Railway Company ) as said main track is now located, and south 22 feet
of Lot 10, Block 50 of the Original Plat of the City of Rochester.
(Dison's Cleaners ). Allen moved, Kamper second to suspend rules and
give this ordinance a second reading. Allen moved, Strain second
that the Ordinance be adopted as read. Upon roll call .vote, Ayes (6 ),
Nays (0). Motion carried and the ordinance was adopted as read.
F-1 An Ordinance relating to the licensing of'bicyles and license fees;
amending Rochester Code of Ordinances, sections 142.010, 142.020,
142.030, 142.040, 142.060, and 142.070. was given its second reading.
Strai ov d Allen sec nd t opt the ordinance as read. Ayes (6),
Nays n(0 Motion carrie�, an3 �9e Ordinance was adopted as read.
the
I
RECORD OF OFFICIAL PROCEEDINGS OF THE. COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 9 - July 7, 1975
31 5 .
Agenda
Item
F-1
F-1
F-1
I
F-1
F-1
F-1
I
An Ordinance relating to City Elections and terms of offices; amendin
the Charter of the City of Rochester, Sections 8, 14, 15, 18, 128,
130, and 148, and repealing Chapter X ( Section 160 and subections 1
through 14).was given its first reading.
An Ordinance relating to Zoning and Planned Unit Developments; amend-
ing that part of the Rochester Code of Ordinances enacted by Ordinance
No. 1659 as follows: Amending 61.700, 62.503, 62.508 (Table 1), 64.20!
64.301 as amended by Ordinance No. 1708, 64.302 as amended by Ordina-
nce No. 1719, 64.401, 64.402, 64.403, 64.404, 64.503 as -amended by
Ordinance Nos. 1681 and 1699, 65.600, 65.600 (Table 3) as amended by
Ordinance Nos. 1694 and 1708, 66.300, and 66.300 ( Table 5) as amende
by Ordinance No. 1694; Renumbering sections 64.303 , 64.304, 64.305,
64.306, 64.307, and 64'.308; and adding as new Sections 64.303, 64.304
64.305, 64.405, 64.406, and 64.407. was given its first reading.
Kamper moved, Allen second to adopt Resolution No. 244-75 approving
an agreement between the City and Family Consultation Center, Inc.
pertaining to a Federal grant for nutritional assistance to homebound
elderly citizens in the abount of $7,300. under the Housing and
Community Development Act of 1974 and authorizing the Mayor and City
Clerk to sign said agreement on behalf.of the City. Ayes (6), Nays
(0). Motion carried.
Allen moved, Strain second to adopt Resolution No. 245-75 approving
the expenditure of not to exceed $4,500. to be paid to the Rochester
Downtown Council, Inc. for Christmas decorations during the 1975-1976
holiday season and authorizes the City to pay one-third the cost of
lighting the decorations during the period beginning on or about
Thanksgiving day ( November 27, 1975 and continuing to on or about
January 2, 1976. Ayes (6), Nays (0). Motion carried.
Allen moved, Larson second to adopt Resolution No. 246-75 approving
the agreement between the City and Bather=Ringrose-Wolsfeld, for consi
services in preparation of a transit development plan, and authorizini
the Mayor and City Clerk to sign said agreement on behalf of the City
of Rochester. Ayes (6), Nays (0). Motion carried.
Larson moved, McNary second to adopt Resolution No. 247-75. approving
lease agreements dated January 1, 1975 between the City of Rochester
the Rochester Airport Company as Lessor and North Central Airlines,
Inc. and Northwest Airlines, Inc. as Lessees. These are two separate
lease agreements. The rate terms for the existing property is the
same, but the rate terms for the new property has been changed to
reflect the cost of remodeling and construction costs.The total
monthly charge to the Northwest Airlines is$3,351.78, The total monthl
charge to North Central Airlines is $2,494.27.Ozark Airlines has not
signed the agreement -as of this date. Ayes (6), Nays (0). Motion
carried.
1tant
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjounred Meeting No. 9, July 7, 1975
Agenda
Item
F-1 Larson moved,•Strain second to adopt Resolution No. 248-75 of the
Public Utility Board approving the contract amendment No. 1 to
the contract with Nietz Electric and Appliance Company for the
installation of electrical equipment at the Zumbro River Substation
decreasing the contract amount by $5,500.00 and authorize the
Mayor and City Clerk to sign the agreement. Ayes (6), Nays (0).
Motion carried.
F-1 Kamper moved, Allen second to adopt Resolution No. 249-75 commending
the Rochester Post Bulletin for sponsoring the fireworks display at
Silver Lake On July 4, 1975. Ayes (6), Nays (0). Motion carried.
Having no further business, the meeting was adjourned upon motion
by Larson , second by Allen, Ayes (6), Nays (0). Motion carried.
A-1 President Postier called the meeting to order at 7:30 P.M., the
following members being present: President Postier, Aldermen Allen,
Kamper, Larson, McNary, and Strain. Alderman Powers was absent.
B-1 Hearing'on_the Proposed"Amen`dments to the seven,- secti:ons _of _the Zonip
Code. Hav°ng:>no•one,.present that.wished..to be heard, President Postiei
closed the hearing. Strain moved, Larson second to instruct the
City Attorney to prepare an ordinance making the amendments to the
seven sections of the Zoning Code as recommended by the Planning
and Zoning Commission, making sure that section 63.213 regarding
the recreational vehicles be omitted from the changes. Ayes (6),
Nays (0). Motion carried.
B-2 Hearing on the Street and Utility Improvements to serve Hiawatha
Children's Home Property Project 7505-0-75 J 8536. Mr. Richard
Hexum of 805 19th St. N. W. was present and wished to be heard,
he stated that the land that he owns is adjacent to the land
where the improvements will serve, and stated that the improvements
will go through his property. The City of Rochester and Mr. Hexum
are the owners of the property, and he requested that the City
and himself petition to become a part of this project. Mr. Swanson
stated that since no other property owners were involved, it would
be in order for the Mayor and City Clerk to sign the petition on
behalf of the City and Mr. Hexum could sign it on behalf of the
other property owner, which is himself, to be included in this projec-
Having no one else present that wished to be heard, President Postier
closed the hearing. Larson moved, McNary second to adopt Resolution
No. 250-75 ordering the project to be made and include the extension
as requested. Ayes (6), Nays (0). Motion carried.
E-9 McNary moved, Strain second to approve the semi-monthly bills in
the amount of $249,468.39 ( List attached ). Ayes (6), Nays (0).
Motion carried.
I
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 9 - July 7, 1975
317 �
Agenda
Item
F-1
I
I
Kamper moved, Larson second to adopt Resolution No. 251-75 authorizin,
the City Attorney to institute condemnation of the Kothenbeutel
Property on the 500 block of North Broadway without the partial piece
that is left over._ Ayes (5), Nayys (1). President Postier voted nay.
M d
otion Carrie .
Kamper moved, Strain second to adopt Resolution No. 252-75 of -the
Public Utility Board authorizing them to enter into a contract with
Malley Camp Coal Company for furnishing the following miminum tons of
coal for a three year period:
1975-112,000 tons ; 1976 - 125,000 tons; and 1977 145,000 tons at a
cost of $17.40 per ton based on 11,600 B.T.0 to.be increased to
$18.00 per ton when the coal tests at the 12,000 B.T.0 level and
authorizes the Mayor and -.City Clerk to sign said agreement on behalf
of the City of Rochester ,:Mr. Swanson; City•Attor-ney stated that
the contract has_an-escalation''clause=that includes adjustements
in the base bid because of increases in cost that the supplier may
incur, and these cover wage rates, hours of work. per day' or week,
welfare fund contributions, vacation, holidays, bereavement pay
to employees , ship differential etc. involving.increased cost to
the supplier. Those provisions are followed by the following para-
graphs : From time to time during the term of this agreement but not
more often then 6 months the party shall jointly consider the
affect of then existing conditions effecting the cost of coal
production to ascertain whether the price determined under the pro-
visions of this section is equitable to either the buyer or seller.
If by reasons of such conditions it is ascertained that the price is
inequitable , then the price that is thereafter to be paid under this
agreement shall be adjusted as mutually agreed upon by the parties to
remove said inequity. The intent of this section is to avoid having
seller experience a significant loss as a result of changes in any
of the conditions and to insure the buyer will not pay seller a price
significantly higher than the prevailing market prices propose,
similar quality , as specifications for the same mining district.
The Council adopted this resolution subject to the Public Utility
Board giving this a reveiw if they so desire. Ayes (6 ), Nays (0).
Motion carried.
Having no further business, Larson moved, Allen second to adjourn
the meeting. Ayes (6), Nays (0). Motion carried.
A
ty Cler
31S ' RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Agenda
Item
Information - July 7, 1975
1. Minutes of the Standing Committee June 2, 1975
2. Minutes of the Standing Committee June 9, 1975
3. Letter from M.W. Quimby, Rochester City Lines RE: Bus Service
to Plainview
4. Notice of Claim (Referred to Attorney, Insurance, Public Services)
5. Letter from Mrs. Lilian Boettitier RE: Claim of Injury (referred
to Attorney, Insurance, Public Services)
6. Letter from Roger Toulouse, Chairman, Building Board of Appeals
RE: Board action on building code requirements for the M. C.
Lawler buildering"(Information only)
7. Letter from Joan Grave.tt, President Women's Civic League of
Rochester RE: Loading Zone (Referred -to Traffic Engineer)
8. Letter from Gary A. Vandiver, Manager of Fernstrom Moving System
RE: Cancellation of contract for use of Rochester Public Scales
(Referred to Committee of the Whole)
9. Letter from Carol Kieppers, RE: Parking for Recreational Vehicles
(Information only)
10. Referred to Planning and Zoning:
a. Petition to Vacate Public Property: East/West Alley block 16
b. Petition for Zoning District Change - 935 17th Avenue S.W.
c. Petition.to Annex 111.5 Acres to City of Rochester; Lincoln
Schroeder farm; Clarence Hoffman farm (Programmed Land, Inc.)