HomeMy WebLinkAbout10-06-1997RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
Adjournec�Mee?ing Rd Th= 6'c1VAberSe'T1%97 5 0 7 7
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President John Hunziker called the meeting to order at 7:00 P.M. with the
following members present: Councilmembers Evans, Hruska, Marcoux,
McConnell, Senjem and Stobaugh. Absent: None.
B-1 IA Hearing on Restructuring Reserve Fund Securing Health Care Facility Bonds,
Series'1992G, H, I.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No.
525-97 authorizing restructuring of the debt service reserve fund securing Health
Care Facility Revenue Bonds, Series 1992G, H, I and authorizing the proceeds
of the liquidated reserve securities to pay additional capital improvement costs of
St. Marys Hospital. Ayes (7), Nays (0). Motion carried.
The relationship of Councilmembers Hruska, Senjem and Stobaugh to the Mayo
Foundation was noted.
B-2 A Hearing on Applications for 1998 State Transit Assistance.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers McConnell moved, Evans seconded, to adopt Resolution No.
526-96 approving the submission of an application by the City of Rochester to
the Minnesota Department of Transportation for 1998 funding for Regular Route
Transit and Resolution No. 526A-97 for ZIPS Dial -A Ride operations. Ayes (7),
Nays (0). Motion carried.
B-3 A Continued Hearing on Final Plat #97-31 to be known as Diamond Ridge Ten.
Wishing to be heard was Robert DeWitz, 604 11th Avenue N.W., developer of
the subdivision. Mr. DeWitz made himself available for questions from the
Council.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 527-
97 approving Final Plat #97-31 to be known as Diamond Ridge Ten with one
condition. Ayes (7), Nays (0). Motion carried.
B-4 A Hearing on Annexation by Ordinance #97-16 by David Bishop to Annex Land
Located in Part of the NE 1/4, Section 15, Rochester Township.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers Stobaugh moved, Marcoux seconded, to approve Annexation
by Ordinance #97-16 by David Bishop. Ayes (7), Nays (0). Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
.5078 Adjourned Meeting No. 23 - October 6. 1997
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A Hearing on Type III, Phase II Land Subdivision Permit #97-30 by David Bishop
to be known as Pine Ridge Estates Third Subdivision.
Wishing to be heard was Wade Dumond, Yaggy-Colby Associates, representing
the developer. He stated that they were in agreement with the conditions as
recommended.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmembers Marcoux moved, Stobaugh seconded, to approve Land
Subdivision Permit #97-30 by David Bishop to be known as Pine Ridge Estates
Third Subdivision with four conditions as recommended by the Planning
Commission and instruct the City Attorney to prepare Findings of Fact,
Conclusions of Law, and Order. Ayes (7), Nays(0). Motion carried.
Councilmembers noted that it would be nice if the development was kept as
single family homes to keep the character of the neighborhood.
A Hearing on Final Plat #97-19 to be known as Lincolnshire North First
Subdivision.
It was noted to the Council that grading plans have not been submitted at this
time.
Councilmember Evans moved to table the Final Plat.
Councilmember Evans withdrew the tabling of the Final Plat.
Councilmembers Hruska moved, Senjem seconded, to continue the hearing on
Final Plat #97-19 to October 20, 1997. Ayes (7), Nays (0). Motion carried.
Councilmembers Marcoux moved, Stobaugh seconded, to approve the following
consent agenda items.
See item at the bottom of the C Section.
Approval of the following licenses and miscellaneous street use requests:
Beer - On -Sale 3.2
St. Pius School Association Octoberfest - October 25, 1997
Rochester Barbershop Chorus - St. Pius Church - October 11, 1997
Bingo - Temporary
Harriet Bishop Elementary School Carnival - November 14, 1997 (waiver
of 30-day time period requested)
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
Adjourned Meeting No T23 'October 6,T1997 5079
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Gambling - Temporary Raffle
Hiawatha Homes Foundation - Festival of Trees at Mayo Civic Center -
November 25, 1997
Gambling Premise Permit Renewals
Dover Fire Relief Association at: Mr. Bowser's Spirits and Food, Crown
Restaurant and Lounge, Clubhaus Brew Pub, Mugzees, LTB, Viking Lounge at
Holiday Inn -South
Heating Contractor
Combustion Heat & Power, Inc., St. Paul
Sewer and Drain
Jeffrey Wirth Septic Systems, Dodge Center
Cigarette - Over the Counter
Grocery Land, Inc.
Approval of Accounts Payable in the amount of $2,777,742.39.
See item at end of C Section.
Approval of the appointment of Gregory Nesler and Frank Else to the Heating,
Ventilating Board of Review to run to November 2000. Mr. Nesler fills the
expired term of John Scheid and Mr. Else fills the expired term of Phillip
Breutzman.
Approval of the appointment of Pamela Mickelson to the Citizens Advisory on
Transit to run to December 31, 1999. Ms. Mickelson fills the expired term of Jeff
Allman.
Approval of the appointment of David Meek and Roger Stahl to the Housing
Board of Appeals to run to April 1999. Mr. Meek fills the expired term of Paul
Grind and Mr. Stahl fills the expired term of Bob Cline.
Approval of the appointment of Patrick Griffin to the International Affairs
Committee replacing Stewart Lewis who resigned.
Adopt Resolution No. 528-97 approving the Wetland Delineation and
Replacement Plan for Manor Woods West Eighth Subdivision.
Adopt Resolution No. 529-97 approving the Wetland Delineation and
Replacement Plan for Southern Woods Subdivision.
Adopt Resolution No. 530-97 authorizing Mayor and City Clerk to execute the
Contamination Cleanup Grant Application to the Department of Trade and
Economic Development submitted by the Director of Public Works.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
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Adjourned Meeting No. 23 - October 6. 1997
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Adopt Resolution No. 531-97 amending the City Owner contract for Project No.
J-9435 "Basic Construction in Bamber Ridge Fourth Subdivision - Phase II" to
include construction of sanitary sewer, watermain and service connections as
Phase III, and include special assessments for Project No. J-8868 "Willow Creek
Water Tower" relative to Bamber Ridge Fourth Subdivision - Phase III.
Adopt Resolution No. 532-97 entering into a Utility Connection Agreement with
six property owners in Hillcrest Subdivision for Project No. J-8569 "Baihly Water
Tower", instruct the City Clerk to record the agreement, authorize the levying of
"unpaid Charges" against a property if payment of the connection charges and
availability fees relative to that property are not made by December 1, 1999, and
authorize the levying of a supplementary assessment against a property if that
property is not connected to the public sanitary sewer and watermain system by
December 1, 2001.
Ayes (7), Nays (0). Motion carried.
Councilmember Stobaugh asked that the minutes of September 15, 1997, Item
C-8 needs to reflect the relationship of Councilmembers Hruska, Senjem and
Stobaugh to the Mayo Foundation.
Councilmembers Stobaugh moved, Marcoux seconded, to adopt the minutes of
the September 15, 1997 meeting as amended and the September 29, 1997
meeting as written. Ayes (7), Nays (0). Motion carried.
Councilmember McConnell noted that the recommended appointee, Paul Grinde,
listed himself as a 'Packer Fanatic and Green Bay Guru".
Councilmembers McConnell moved, Senjem seconded, to approve the
appointment of Paul Grinde to the Building Code Board of Appeals to run to
November 2000. Mr. Grinde fills the expired term of Armin Schroeder.
No one wished to be heard.
Councilmembers Marcoux moved, Stobaugh seconded, to adopt the Findings of
Fact, Conclusions of Law, and Order for Conditional Use Permit #97-17 for SJC
Properties. Ayes (6), Nays (1). Motion carried. Councilmember Senjem voted
nay.
It was noted by Mike Nigbur, Public Works Department, that SJC owns 5.2 acres
of property which is sufficient for the mining operations; an additional 4.48 acres
is leased by SJC.
Councilmembers Evans moved, Hruska seconded, to adopt Resolution No. 533-
97 entering into an agreement with Airport Consultant Services Group, Inc. for a
new Passenger Facility Charge application at a cost not to exceed $29,500.00.
Ayes (7), Nays (0). Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
Adjourned Meeting No T1T= October 6,%97 5681
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Councilmembers Marcoux moved, Evans seconded, to approve the transfer of
the On -Sale and Off -Sale Liquor, Sunday Liquor, Annual Dance and Cigarette
licenses from Kahler Realty Properties to the new ownership of Sunstone Hotel
Properties, Inc., a subsidiary of Sunstone Hotel Investors, L.P. The licenses
include those for Kahler Hotel, Kahler Inn & Suites, Kahler Hospitality Services,
Inc., Kahler Plaza Hotel, Holiday Inn Downtown, and Kahler Liquors. Ayes (7),
Nays (0). Motion carried.
E-4 Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
534-97 approving the Access Agreement between the Minnesota Pollution
Control Agency and the City of Rochester for water testing and other assessment
activities at the Hadley Valley School site at 1295 48th Street N.E.. Ayes (7),
Nays (0). Motion carried.
E-5 Councilmembers Marcoux moved, McConnell seconded, to adopt Resolution No.
535-97 approving the revised Motor Vehicle Drug and Alcohol Testing Personnel
Policies. Discussion.
The question was raised if the Police Officers were included in the random
testing for drug and alcohol abuse. Terry Adkins answered that they were not as
the Policy Union considered the issue to be negotiable and were unwilling to
agree to it. However, the Police Officers do not object to reasonable suspicion
testing.
The question was also asked about reimbursement for mileage for driving a
personal vehicle to the testing site. Fred Wagner, Personnel Director, stated that
it was preferred that a City vehicle be used and that the individual being tested
be driven by someone else.
Ayes (7), Nays (0). Motion carried.
E-6 ICouncilmembers Evans moved, Stobaugh seconded, to approve the following
Rochester Public Utilities resolutions:
Resolution No. 536-97 approving a purchase order with Border States Electric for
fiber optic cable at a cost not to exceed $41,755.00.
Resolution No. 537-97 approving a fiber optic cable contract with Olmsted
County.
Ayes (7), Nays (0). Motion carried.
E-7 Councilmembers Senjem moved, McConnell seconded, to adopt Resolution No.
539-97 authorizing payment to Doyle Connor in the amount of $27,682.00 for the
extra work covered by Supplemental Agreement No. 1 for Curb and Gutter
Project No. 1-1996 (J-9288). Ayes (7), Nays (0). Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 23 - October 6, 1997
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Councilmembers Stobaugh moved, McConnell seconded, to adopt Resolution
No. 540-97 awarding the purchase of four buses in the amount of $233,988 per
bus to Gillig Corporation. Ayes (7), Nays (0). Motion carried.
Councilmembers McConnell moved, Evans seconded, to adopt Resolution No.
541-97 entering into an Assessment Agreement with S & S Moving and Storage,
Inc. for Plat 5148 Parcels 001600 and 001700 and Senst Properties and Mid
States Retreading for Plat 5148 Parcel 002100 for Project No. 9717 (J-9441)
"Extension of Sanitary Sewer in Bandel Road N.W. from the North Line of Bandel
Hills Townhomes to North Approximately 1500 Feet". Ayes (7), Nays (0).
Motion carried.
Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 542-
97 awarding the contract for Project No. 9717 (J-9441) "Extension of Sanitary
Sewer in Bandel Road N.W. from North Line of Bandel Hills Townhomes to North
Approximately 1,500 Feet" to the low bidder, Winona Mechanical, Inc., at
$103,663.29. Ayes (7), Nays (0). Motion carried.
Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution
No.543-97 awarding the contract for Project No. 9713 (J-9434) "Sanitary Sewer
Extension from Property Corner of Edina Realty Northeasterly in Public Right of
Way to a Point Directly Adjacent to Septic System Serving Pemberton Property".
Ayes (7), Nays (0). Motion carried.
Councilmembers Evans moved, Stobaugh seconded, to adopt the following
resolutions for three separate improvement projects:
Project No. 6206-2-79 (J-8692) 'Reconstruct 6th Street S.E. from 4th Avenue
S.E. to 13th Avenue S.E."
Resolution No. 544-97 ordering local improvement project hearing for
November 3, 1997.
Resolution No. 545-97 ordering preparation of the assessment rolls.
Resolution No. 546-97 ordering assessment hearing for November 3,
1997.
Project No. 6219-4-96 (J-9362) "Street Resurfacing and Curb & Gutter in 19th
Street N.W. from 18 1/2 Avenue N.W. to CSAH 4"
Resolution No. 547-97 ordering local improvement project hearing for
November 3, 1997.
Resolution No. 548-97 ordering preparation of the assessment rolls.
Resolution No. 549-97 ordering assessment hearing for November 3,
1997.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
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Project No. 6306-3-95 (J-9328) "Reconstruct 6th Avenue S.W. from 2nd Street
S.W. to 6th Street S.W."
Resolution No. 550-97 ordering local improvement project hearing for
November 3, 1997.
Resolution No. 551-97 ordering preparation of the assessment rolls.
Resolution No. 552-97 ordering assessment hearing for November 3,
1997.
Ayes (7), Nays (0). Motion carried.
E-13 Councilmembers Stobaugh moved, Hruska seconded, to adopt Resolution No.
553-97 awarding the contract for Project No. J-2034 'Roof Repair and Flashing
Project for the Public Works Department Building at 1602 Fourth Street S.E." to
Merit Contracting, Inc. of Rochester in the amount of $38,928.00. Ayes (7), Nays
(0). Motion carried.
E-14 Councilmembers Hruska moved, Stobaugh seconded, to adopt Resolution No.
554-97 accepting the petition and setting a hearing for October 20, 1997 for
expansion of residential permit parking zone #4 "Meadow Park Neighborhood"
onto 9th Avenue S.E., from 16th Street to 16 1/2 Street. Ayes (7), Nays (0).
Motion carried.
E-15 Councilmembers McConnell moved, Stobaugh seconded, to reject the bids for
the Underground Storage Tank Removal at the Water Reclamation Plant and
rebid the work with different insurance limits. Ayes (7), Nays (0). Motion carried.
F-2 An Ordinance Annexing to the City of Rochester Approximately 4.66 Acres of
Land Located in the Northeast Quarter of Section 15, Township 106 North,
Range 14 West, Olmsted County, Minnesota, was given a first reading. (East of
18th Avenue S.W., North of Pine Ridge Estates Second Subdivision, West of
Pine Ridge Estates First Subdivision)
F-3a An Ordinance Annexing to the City of Rochester Approximately 123.3 Acres of
Land Located in the East Half of Section 9, Township 106 North, Range 14
West, Olmsted County, Minnesota, was given a second reading.
Councilmembers Senjem moved, McConnell seconded, to adopt the Ordinance
as read. Ayes (7), Nays (0). Motion carried. (Crocus Hill)
F-4a The City -Owner Contract with Forbrook-Bigelow Development and Elcor
Construction for Project No. J-9444 "Basic Construction in Manor Woods West
Eighth Subdivision" was placed on hold due to no information being received by
the Public Works Department.
F-4b Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No.
555-97 entering into a City -Owner Contract with JB Properties of Rochester LLC
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 23 - October 6, 1997
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and Weis Builders, Inc. for Project No. J-9455 "Watermain to Serve Domaille
Collision Center". Ayes (7), Nays (0). Motion carried.
Councilmembers Hruska moved, Stobaugh seconded, to adopt Resolution No.
556-97 entering into a City -Owner Contract with Mayo Foundation and Weis
Builders, Inc. for Project No. J-9456 "Watermain to Serve Mayo Clinic Facilities
Warehouse". Ayes (7), Nays (0). Motion carried.
The relationship of Councilmembers Hruska, Senjem and Stobaugh with the
Mayo Foundation was noted.
Councilmembers moved, seconded, to amend the provisions of Paragraph
62.278 (1) of the Land Development Manual.
Councilmembers Marcoux moved, Stobaugh seconded, to remove the item from
the table. Ayes (7), Nays (0). Motion carried.
Ron Livingston, Planning Department, provided information to the Council via
computer terminal on the number of lots in Rochester with less than and more
than 10,000 square feet for homes that were building in 1956 or prior. Mr.
Livingston showed homes in the Rsa and R-1 districts and then the homes in the
R-2, R-3 and R-4 districts. The latter districts showed 3623 lots that would
qualify under the criteria for Bed and Breakfast facilities. The question was
raised as to the current ordinance allowing for B & B's in newly developed
subdivisions in Rsa and R-1 districts if there were no prior structures and the
question of grandfathering in the present B & B in an R-1 district (Hanson's).
Councilmembers Marcoux moved, Stobaugh seconded, to adopt the Ordinance
on page 182 of the Request for Council Action allow for B & B's in R-2, R-3 and
R-4 with the following changes: Add Condition "J" which shall read: "Bed and
Breakfast facilities in existence prior to August 1, 1997, may be transferred to
new owners provided all other conditions are met" and give Rochester time to
get used to having B & B's. Discussion.
Councilmember McConnell stated that he wanted to be sure that any request for
B & B's came to the Council in the form of a public hearing.
Councilmember McConnell moved, Senjem seconded, to amend the original
motion to add Condition "K" that no Bed and Breakfast facility shall be permitted
on a lot which is less than 10,000 square feet in size. Ayes (7), Nays (0). Motion
carried. This amendment will change it from a Type II hearing to a Type III
hearing.
The original motion proposed by Councilmember Marcoux was then voted on as
amended. Ayes (7), Nays (0). Motion carried.
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An Ordinance Amending the Provisions of Ordinance No. 3066 Which Adopted
An interim Ordinance as to Ordinance No. 3020, Regulating Bed and Breakfast
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
Adjourne�Meefing I�To TZ3 ' octotierS6,T1997 50 8 5
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Facilities, was given a second reading. Councilmembers Senjem moved, Hruska
seconded, to reject the Ordinance as read. Ayes (7), Nays (0). Motion carried.
F-2b An Ordinance Amending and Reacting Subsection 10 of Section 62.278 of the
Rochester Code of Ordinances Relating to the Regulation of Bed and Breakfast
Accessory Uses, was given a first reading.
Having no further business, Councilmembers Hruska moved, Stobaugh
seconded, to adjourn the meeting. Ayes (7), Nays (0). Motion carried.
City Clerk
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