HomeMy WebLinkAbout01-21-1998RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
5160 CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 3 - January 21, 1998
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President John Hunziker called the meeting to order at 7:00 P.M. with the
following members present: Councilmembers Mack Evans, Ed Hruska, David
Senjem and Walter Stobaugh. Absent: Councilmembers Marcia Marcoux
and Jean McConnell.
A Hearing on the Issuance of On -Sale and Off -Sale 3.2 Beer Licenses for the
Donut Hut and Cafe, 1352 Third Avenue S.E.
The request was withdrawn by the applicant earlier in the day.
A Hearing on Rochester Urban Service Area Land Use Plan Amendment #97-5
by Wayne and Beverly Thede and Jerry Nelson to amend the land use plan
designation from 'low density residential and recreational' to the "medium density
residential' designation upon 31.2 acres of land and from "Low density
Residential and recreational' to the "commercial' designation upon 8 acres of
land; land being located along the north side of 55th Street N.W. and the west
side of 18th Avenue N.W.
Wishing to be heard was Bill Tointon, McGhie & Betts, representing the
applicants. Mr. Tointon summarized that on December 1, 1997 there was action
to deny the application because of poor vehicular and pedestrian access to the
site and buffering to the adjacent land. The matter was then delayed on
December 15, 1997 and the hearing reopened for January 21, 1998. A traffic
analysis report was prepared by WSB and Associates, Inc. The concern of
traffic standards being met on 18th Avenue N.W., north of 55th Street N.W., was
shown to be acceptable as shown in the report and as addressed in a memo
from Charles Reiter of the Planning Department. He also noted that the access
points on 55th Street N.W. would be met once the general development plan is
developed.
Wishing to be heard was Chuck Rickart, WSB and Associates, who prepared the
traffic study for the development. He stated that they looked at the distribution
of traffic from the site.. The amount of traffic coming and going on 18th Avenue
east of 55th Street is based on the existing traffic flows.. They assume that
there will be a right-in/right-out off of 55th Street on the west side west of 18th
Avenue. There were two scenarios given to show the number of trips. Scenario
one showed approximately 3200 trips per day and Scenario two showed
approximately 2500 trips per day for commercial development. The residential
portion (apartments) approximately 1500 trips per day and the assisted living
about 1300 trips per day.
Wishing to be heard was John Lawson, 5606 22nd Avenue N.W. Mr. Lawson
presented petitions which were sent around the neighborhood abutting the
property in question requesting the denial of the Land Use Plan for medium
residential and commercial development for the Northwest corner of 18th Avenue
and 55th street N.W. and the down -zoning from commercial to residential for the
Southeast corner of 18th Avenue and 55th Street N.W. Mr. Lawson also
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Regular Adjourned Meeting No. 3 - January 21, 1998
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questioned the buffering on the west edge of the property and how it would affect
their present view. He noted that approval of the requested land use plan would
lower property values for their homes.
Wishing to be heard was Don Vestweber, 1610 Kings Run Drive N.W.. Mr.
Vestweber presented petitions from residents of the Kings Run area also asking
for denial of the Land Use Plan at the Northwest corner of 18th Avenue and 55th
Street N.W. and the down -zoning from commercial to residential for the
Southeast corner of 18th Avenue and 55th Street N.W. He cited the increased
traffic problems that will be experienced if the development on the northwest
corner of 18th Avenue/55th Street is approved and the possible expansion of the
commercial development already in the Kings Run area.
Wishing to be heard was Keith Karpinske, 5570 22nd Avenue N.W. Mr.
Karpinske was concerned about the decrease in the value of their homes and
the adverse effect the buffer will have on their property should the land use plan
be approved.
Wishing to be heard was Art Thompson, 1411 Kings Run Drive N.W. Mr.
Thompson felt that the traffic report was unfair to the neighborhoods and did not
adequately address the impact the increased number of cars could have. If a
commercial development was put in for the northwest corner, up to 18,000 trips a
day could be generated on 18th Avenue. In all probably, half of these trips
would go east or west on 55th Street. Those going east would find it easy to cut
through Kings Run Drive. Mr. Thompson felt that there was enough commercial
on the southeast corner without more on the northwest.
Wishing to be heard was Gary Rohret, 5552 22nd Avenue N.W. Mr. Rohret
purchased his home last March. He is now worried about the property value
decrease if the current R-1 zone is changed to the east of his property.
Wishing to be heard was Diane Solem, 5720 23rd Avenue N.W. She found it
hard to understand why more commercial area is needed when current areas are
not filled to capacity.
Wishing to be heard was Gretta Owen, 1312 Edenborough Lane N.W.. Ms.
Owen noted that she and her husband bought their house thinking it was in a
residential zoning district. She would like the Kings Run area down -zoned from
commercial.
Wishing to be heard was Karla Hamilton, 5310 Belmoral Lane N.W. Ms.
Hamilton wanted the area to remain as it presently is zoned. She felt that
serious questions exist with the traffic impact report and the two percent growth
that is projected.
Wishing to be heard was Bill Tointon, McGhie & Betts, representing the
applicant. Mr. Tointon noted that his firm was directed by city staff to analyze
the traffic operations north of 55th Street N.W. and felt that they adequately
addressed the growth of 55th Street. All of the criteria for the project have been
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Regular Adjourned Meeting No. 3 - January 21, 1998
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met, including vehicular access and pedestrian. He asked that these criteria be
put into the Findings of Fact prepared by the City Attorney as having been met.
Wishing to be heard was Keith Karpinske, 5570 22nd Avenue N.W. Mr.
Karpinske does not believe that the criteria have been met, particular in the
adequacy of an adequate buffer of 120 feet.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmembers discussed the criteria for the land use plan in regard to the
traffic impact report and the feasibility of having commercial development in both
the northwest and southeast corners of 18th Avenue and 55th Street N.W.
Councilmembers Senjem moved, Evans seconded, to direct the City Attorney to
prepare Findings of Fact, Conclusions of Law, and Order to support denial of
Rochester Urban Service Area Land Use Plan Amendment #97-5 by Wayne and
Beverly Thede and Jerry Nelson, to be brought back for a vote at the February 2,
1998 meeting. Ayes (5), Nays (0). Motion carried.
A Hearing on Zoning District Amendment #97-16 by Wayne and Beverly Thede
and G. A. Nelson Company of Rochester to rezone 31.2 acres from R-1 to R-3
and 8 acres from R-1 to B-1 on land located along the north side of 55th Street
N.W. and the west side of 18th Avenue N.W.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers Hruska moved, Stobaugh seconded, to direct the City Attorney
to prepare Findings of Fact, Conclusions of Law, and Order to deny Zoning
District Amendment #97-16 based on the denial of Land Use Plan Amendment
#97-5 considered in item B-2. Ayes (5), Nays (0). Motion carried.
A Hearing on Final Plat #97-16 to be known as Southern Woods First Addition.
Wishing to be heard was Don and Patricia MacLeod, 1344 Willow Lane S.W.
Mr. and Mrs. MacLeod were concerned about the exit from Willow Lane onto
11th Avenue S.W. They noted that the incline prevented someone coming down
the hill to observe entrance from Willow Lane. They were particularly worried
about the school buses. Mr. and Mrs. MacLeod told the Council that they
realized it was a county road but wondered if the City could do anything to
alleviate the situation.
Wishing to be heard was Roy Kriesel, 1325 Willow Lane S.W. He stated that
there is a danger with the school bus coming down the hill. The bus cannot
enter the cul-de-sac to turn around because it is too small.
Wishing to be heard was Don MacLeod, 1344 Willow Lane S.W., stated that he
had talked with Mike Sheehan, County Engineer, about regrading the hill.
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Wishing to be heard was Patricia MacLeod, 1344 Willow Lane S.W., noting that if
the bus did use the cul-de-sac to turn around, the hill still blocks the view for
entering onto 11th Avenue.
Wishing to be heard was Joe Pearson, GGG Engineering, representing the
applicants. Mr. Pearson noted that the applicants had a problem with staff
recommendation # 6 in that they did not feel that such a large area of land
needed to be dedicated for the 48th Street SW/TH 63 interchange right-of-way at
this time as it is uncertain as to the land needed for this future development.
They felt that perhaps they should amend the final plat, not including Outlot C
and bring back Outlot C and dedicate the right-of-way at that time.
Wishing to be heard was Jerry Schultz, Route 1, Box 93, Kasson. Mr. Schultz
felt that condition # 6 was premature at this time as MnDOT is unsure of the
amount of land needed. Mr. Schultz also felt that condition #7 and #8 should be
removed as well.
Mitzi Baker, Planning Department, noted that additional easements will be
needed as requested by Public Works and were not a part of the preliminary plat.
Richard Freese, Public Works Director, stated that the official map for this area
was previously adopted. He noted that the dedication of the land is needed for
public access and service to the subdivision. Roadway improvements, as
needed in condition #8, have been discussed with Mr. Reynolds in the past.
Wishing to be heard was Randy Reynolds, noting his frustration with the
shortness of notifications.
Wishing to be heard was Jerry Schultz, stating that he had spoken with Mitzi
Baker regarding the additional easements but that a blanket approval was not
given.
Wishing to be heard was Joe Pearson, GGG Engineering, noting that the
conditions should have been addressed in the preliminary plan and in the
general development plan and not the final plat.
Having no one further wishing to be heard, President Hunziker closed the
meeting.
Councilmembers Hruska moved, Evans seconded, to table Final Plat #97-16 to
be known as Southern Woods First Addition to the February 2, 1998 meeting.
Ayes (5), Nays (0). Motion carried.
F-2a Councilmembers Stobaugh moved, Hruska seconded, to temporary move the
agenda to the Section F items. Ayes (5), Nays (0). Motion carried.
Information was received from Ken Moen and questions from Mr. Patterson and
Mr. Braasch dealing with a section of the proposed ordinance dealing with
billboards. Mr. Moen, on behalf of DeLite Advertising, asked that the following
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
5164 CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 3 - January 21, 1998
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language be added to 60.509, subd. 4, that dealt with the two locations included
in the appeal by Vogel Outdoor Advertising. There were concerns by Mr.
Patterson that dealt with City owned signs that would be non -conforming.
Councilmember Senjem moved, Stobaugh seconded, to amend the ordinance to
reflect the language from Mr. Moen and staff and the off -premise exclusion.
Discussion.
Upon roll call vote, Councilmembers Evans, Senjem voted aye, Councilmembers
Hruska, Stobaugh and President Hunziker voted nay. Ayes (2), Nays (3).
Motion failed.
An Ordinance Creating Subdivision 7 of Section 60.504, Section 60.509, and
Paragraph a of Subsection 1 of Section 63.224; and Amending and Reenacting
Sections 60.200, 63.221, Subsection 5 of Section 63.224, Sections 63.225 and
65.510 of the Rochester Code of Ordinances, Relating to the Regulation of
Advertising Signs in the City of Rochester, was given a second reading.
Councilmembers Senjem moved, Stobaugh seconded, to adopt the ordinance as
read. Ayes (5), Nays (0). Motion carried.
The agenda then returned to its former order.
A Continued Hearing on Type III, Phase I Appeal #97-3 by Vogel Outdoor
Advertising to Appeal the Decision of the Rochester Zoning Board of Appeals
Not To Uphold the Zoning Administrators Decision That Complete Applications
Were Submitted.
Terry Adkins, City Attorney, stated that the newly adopted ordinance requires
that an application be accompanied by the landowner's consent or waiver of the
landowner's right to sign a new lease at the same site. Neither the consent nor
the waiver was not provided in this case.
Wishing to be heard was Ray Kosis, General Manager of Vogel Outdoor
Advertising, 505 17th Street N.W. The applications were based on legal sites
submitted under the old ordinance and the applications were accepted as being
valid and complete at that time. Along with the applications were pictures of two
structures that had to be removed for the application to be complete. Staff
accepted that the structures were removed satisfactorily; the Board of Appeals
did not believe that they were satisfactorily removed.
Wishing to be heard was Ken Moen, representing DeLite Advertising. Mr. Moen
pointed out that the consent of the owner did not accompany the applications by
Vogel Outdoor Advertising and, therefore, were not complete applications.
Wishing to be heard was Bill Kolb, 3440 18th Avenue S.W. They had asked to
tear down their structure, which it was not, and which was noted by Mr. DeWitz
of the Zoning Board of Appeals. They negotiated an agreement with DeLite
based on a letter stating that the location was a legitimate location for a sign.
They did not waive their rights to the billboard.
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Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmembers Senjem moved, Hruska seconded, to deny Appeal #97-3 by
Vogel Outdoor Advertising due to the lack of conformance with the ordinance.
Ayes (5), Nays (0). Motion carried.
Councilmembers discussed the monies that have been collected to be used for
the removal of non -conforming signs. Ron Livingston, Planning Department,
suggested that the issue be referred to the CUDE Committee to help develop
priorities for certain areas of the City.
Wishing to be heard was Ron Fiscus, 2111 Wilshire Drive N.E., member of the
CUDE Committee. The issue of what to do with the existing sign credit fund
was previously referred to the CUE Committee; the Committee wanted to wait
until the new ordinance was adopted to proceed.
C-1-9, Councilmembers Stobaugh moved, Hruska seconded, to approve the following
13-14, consent agenda items.
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C-1 Approval of the Common Council minutes of the January 5th and January 12th,
1998 meetings.
C-2 See at end of C Items.
C-3 Approval to direct the City Clerk to give notice of a public hearing at 7:00 P.M.
on February 2, 1998 regarding the takeover of the private road in Hampton
Rhodes Subdivision.
C-4 IApproval of the transfer of 1994 and 1995 CDBG funds into the "Slum and Blight
Activity" account to allow closeout of those years' CDBG balances.
C-5 I Approval of the following licenses and bonds:
On -Sale 3.2 Beer - Temporary
St. Pius X Church - Polka Mass Fundraiser - February 7, 1998
Dance - Temporary
St. Pius X Church - Polka Mass Fundraiser - February 7, 1998
Gambling - Temporary
Church of the Resurrection - Bingo Fundraiser - February 24, 1998
Church of St. Francis - Raffle - May 1, 1998
Hiawatha Valley Turkey Chapter - Raffle at Radisson Plaza Hotel - March
27, 1998
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Rochester Archery Club - Raffle at Holiday Inn -South - April 4, 1998
Precision Signs, Austin
Miscellaneous Activities
Rochester Area Alliance for the Mentally III - Walk -A -Thon For Research
at Silver Lake Path - May 16, 1998
Approval to transfer the On -Sale 3.2 Beer License for the Great Magic Wok
Cuisine to the ownership of Anh Tran and also to change the name of the
restaurant to Magic Wok Restaurant.
Approval to amend R.C.O. 116.01 relating to the bond requirements for outdoor
advertising sign installers and instruct the City Attorney to prepare the required
ordinance for adoption.
Approval of Accounts Payable in the amount of $1,719,290.26.
Adopt Resolution No. 047-98 closing completed projects and transferring
unexpended balances pursuant to Minnesota Statutes, Section 429,091, Subd. 4.
See at end of C items.
See at end of C items.
See at end of C items.
Adopt Resolution No. 048-98 granting the same changes in benefits and wages
to City employees not covered by any Labor/Meet & Confer Agreement as to
those in the most appropriate contract/agreement effective January 1, 1998.
Adopt Resolution No 049-98 approving an amendment to the Orderly Annexation
with Cascade Township indicating the 27.17 acres and the adjacent CSAH 22
right-of-way should be annexed without hearings by the Minnesota Municipal
Board for Annexation Petition #97-14 by Hartman Farms, Inc. for land located
along the west side of West Circle Drive, north of 19th Street N.W.
Approval to instruct the City Attorney to prepare the required ordinance repealing
Ordinance #3124 (Hartman Farms Annexation) and Ordinance #3116 (west 1/2
of Rochester Technology Park Annexation).
See at end of C items.
Adopt Resolution No. 050-98 entering into a contract for Geographic Information
System (GIS) Consulting Services with Mr. Fred Rahn for the 1998 budget year.
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Adopt Resolution No. 051-98 entering into a professional agreement with Yaggy-
Colby Associates for engineering services for Project No. 6207-4-96A (J-9363)
"Reconstruct 7th Street N.W. from 400 feet West of 43rd Avenue N.W. to the
West Line of Manor Woods 8th Subdivision".
Adopt Resolution No. 052-98 declaring and assessing the delinquent accounts
for Blighted Property Abatement (J-2068) as "unpaid charges" and ordering a
hearing for February 18, 1998.
Adopt Resolution No. 053-98 receiving the feasibility report and setting a project
hearing for February 18, 1998 for Project No. 6310 1/2-1-97 (J-9447)
'Reconstruct Alley in 500 Block Between 10th Avenue N.E. and 11th Avenue
N.E."
Adopt Resolution No. 054-98 declaring the costs to be assessed and ordering
the preparation of the assessment roll and Resolution No. 055-98 ordering a
hearing on February 18, 1998 for Project No. 6310 1 /2-1-97 (J-9447)
"Reconstruct Alley in 500 Block Between 10th Avenue N.E. and 11th Avenue
N.E."
Adopt Resolution No. 056-98 receiving the feasibility report and setting a project
hearing for February 18, 1998 for Project No. 6206-4-98 (J-9468) "Storm Sewer
and Concrete Curb and Gutter in 6th Street N.W. from Civic Center Drive N.W.
to 11th Avenue N.W."
Adopt Resolution No. 057-98 declaring the costs to be assessed and ordering
the preparation of the assessment roll and Resolution No. 058-98 ordering a
hearing on February 18, 1998 for Project No. Project No. 6206-4-98 (J-9468)
"Storm Sewer and Concrete Curb and Gutter in 6th Street N.W. from Civic
Center Drive N.W. to 11th Avenue N.W."
Adopt the Findings of Fact, Conclusions of Law, and Order in the matter of the
decision on the need for an Environmental Impact Statement for Project No.
6255-4-96 (J-2266) "55th Street N.W. from Bandel Road to West River Road".
Ayes (5), Nays (0). Motion carried.
Councilmember Hruska asked if the City was working with Mayo Foundation on
the traffic control around the Mayo building prior to and during the construction
process. Dave Rossman, Traffic Engineer, spoke as the arrangements for
increased patient and staff dropoff areas to alleviate the congestion on Second
Street and Third Avenue S.W.
Councilmembers Hruska moved, Stobaugh seconded, to adopt Resolution No.
059-98 approving a revocable permit for a canopy along the south side of the
Mayo Building requested by the Mayo Foundation. Ayes (5), Nays (0). Motion
carried. The relationship with the Mayo Foundation was noted for
Councilmembers Hruska, Senjem and Stobaugh.
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.5168 RPoular Ad ourn _d Meeting No 3 - January 21, 1998
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Councilmember Senjem wanted to make note and congratulate Deputy Chief
Peterson, Captain Pittenger and Lieutenant Heroff on their promotions.
Councilmembers Senjem moved, Stobaugh seconded, affirming the Mayor's
appointment of Captain Roger Peterson to the position of Deputy Chief in the
Rochester Police Department effective February 1, 1998. Ayes (5), Nays (0).
Motion carried.
Councilmembers Senjem moved, Stobaugh seconded affirming the Mayor's
appointment of Lieutenant James Pittenger to the position of Captain in the
Rochester Police Department effective February 1, 1998. Ayes (5), Nays (0).
Motion carried.
Councilmembers Senjem moved, Stobaugh seconded affirming the Mayor's
appointment of Sergeant Tim Heroff to the position of Lieutenant in the
Rochester Police Department effective February 1, 1998. Ayes (5), Nays (0).
Motion carried.
Councilmember Hruska wanted to note the contribution from Steve Russell,
Rochester Towing, for his donation.
Councilmembers Evans moved, Hruska seconded, to accept the donation from
Rochester Towing for $150 for the Public Safety Communications Center to help
offset the costs of printing educational materials used for teaching children about
the E911 system. Ayes (5), Nays (0). Motion carried.
Wishing to be heard was Salma Alem, 711 West Center Street, Apartment #6,
asking for the Council's assistance in the rejection by Olmsted County in her
request for AFDC. She also noted that she is now a citizen of the United States
but her young daughter is considered an illegal alien. The Council told her that
she would have to continue to work with the County for assistance programs but
that she might want to contact Senator Wellstone to assist her in the problem
with her daughter.
Wishing to be heard was Norm Nelsen, 3618 26th Avenue N.K. Mr. Nelsen
was wondering why the City has not yet completed or publicized the City Council
goals for 1996. He was told that the information has been compiled but it would
be up to the Council as to when the information would be, and in what media,
reported to the general public.
Wishing to be heard was Dave Welte, 4421 Highway 63 South, asking for
clarification on the billboard sign ordinance previously adopted.
Gary Neumann, Assistant City Administrator, noted the suggested changes from
the staff and others; one being that any application filed prior to January 12,
1998 would be allowed to proceed. It was also recommended that the issue of
mining matters be referred to the CUDE and Planning Commission.
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Councilmembers Hruska moved, Evans seconded, to incorporate the
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recommended changes into the Mining Moratorium ordinance. Ayes (5), Nays
(0). Motion carried.
Councilmembers Senjem moved, Hruska seconded, to refer the issue of mining
and substantial site preparation to the CUDE Committee and the Planning
Commission for a report and recommendations. Ayes (5), Nays (0). Motion
carried.
E-2 Councilmember Stobaugh felt that the requested additional $100,000 be provided
to Mac Hamilton and Jeff Allman to proceed with the renovation/conversion
project for the Old City Hall. Councilmember Stobaugh stated that no one else
had come forth with a plan for the building; it should be preserved and added
back on the tax rolls.
Other Councilmembers asked whether the $100,000 would be enough or
whether an additional amount would be asked for in the future. It was asked
whether or not some of the amenities included in the project could be dropped
and allow the project to go forth without the additional funding.
Jeff Allman and Mac Hamilton, developers of the project, responded that they
could not cut their operating costs further and still keep their commitment to the
project. They also reminded the Council that it is a very difficult building to
remodel.
Councilmembers Stobaugh moved, Senjem seconded, to approve the additional
assistance of $100,000 in TIF funds for the Old City Hall Project. Ayes (2), Nays
(3). Motion failed. Councilmembers Evans and Hruska and President Hunziker
voted nay.
Councilmembers Evans moved, Hruska seconded, to approve the issuance of a
15-day notice of intent to terminate the development assistance agreement with
Mac Hamilton and Jeff Allman for the Old City Hall Project. Ayes (4), Nays (1).
Motion carried. Councilmember Stobaugh voted nay.
Councilmembers moved, seconded, to approve additional assistance in the
amount of $100,000 to the developers, Mac Hamilton and Jeff Allman, for the
Old City Hall Project. Ayes (5), Nays (0). Motion carried.
E-3 Councilmembers Hruska moved, Evans seconded, to adopt Resolution No. 060-
98 entering into a Developmental Assistance Agreement with Gary Larson for
construction of an apartment building to be located on Civic Center Drive
between 1st and 2nd Streets N.E. Ayes (5), Nays (0). Motion carried.
E-4 Councilmembers Evans moved, Hruska seconded, to adopt Resolution No. 061-
98 approving a revocable permit for the use of the skyways on March 28, 1998
for a fund raising golf tournament sponsored by PossAbilities of Southern
Minnesota. Ayes (5), Nays (0). Motion carried.
E-5 I Councilmembers Senjem moved, Evans seconded, to adopt the following Public
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Utility resolutions:
Resolution No. 062-98 approving the purchase of cable and conductor from
RESCO in an amount not to exceed $231,339.97,
Resolution No. 063-98 approving the purchase of electric distribution
transformers from Burmeister Electric Company for an amount not to exceed
$216,435.00,
Resolution No. 064-98 approving the purchase of electric distribution
transformers from RESCO in an amount not to exceed $47,021.00,
Resolution No. 065-98 approving the contract agreement with SAP America, Inc.
for new business software in an amount not to exceed $428,220.00,
Resolution, No. 066-98 approving the contract agreement with Resource Support
Associates, Inc. for the installation of new business software from SAP in an
amount not to exceed $650,000.00, and
Resolution No. 067-98 approving a contract agreement with GE Capital
Information Technology solutions for a network -based computer system in an
amount not to exceed $220,000.00.
Ayes (5), Nays (0). Motion carried.
Councilmembers Senjem moved, Stobaugh seconded, to authorize execution of
letters of engagement to audit both the City's general purpose financial
statements and the City's Urban Mass Transportation Program for the fiscal year
ending December 31, 1997. Ayes (5), Nays (0). Motion carried.
Councilmembers Stobaugh moved, Hruska seconded, to adopt Resolution No.
068-98 authorizing the filing of a grant application for "Access to Jobs Funds"
from the Minnesota Transportation Department for the improvements public
transit services. Ayes (5), Nays (0). Motion carried.
Councilmembers Stobaugh moved, Senjem seconded, to adopt Resolution No.
069-98 acknowledging the City's support, sponsorship and priority of the two
highway projects described as "Interchange at TH63 and 40th Street S.W." and
"20th Street S.E. from 11th Avenue to Marion Road", including a commitment to
secure and guarantee the local share of design, ROW and 20% of construction
costs. Ayes (5), Nays (0). Motion carried.
Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No.
070-98 amending sections of Chapter "K" of the Comprehensive Traffic and
Parking Resolution Book to read:
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1) Monthly Rates; Add a Monthly Rate for Downtown Residents as
noted in the Request for Council Action, and
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2) Ramp Daily Rate; Increase the Parking Ramp Hourly Rate from
$0.70 to $0.80 as listed in the Request for Council Action.
Ayes (5), Nays (0). Motion carried.
E-10 Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No.
071-98 approving, subject to People's Cooperative Power Association's approval
on December 30, 1997, the #1030 docket service territory settlement and
authorize the Mayor and City Clerk to execute the agreement. Ayes (5), Nays
(0). Motion carried.
E-11 Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
072-98 entering into an agreement with Superior Aviation to provide air cargo
service for DHL at the Rochester International Airport. Ayes (5), Nays (0).
Motion carried.
E-12 Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No.
073-98 authorizing the City Clerk to advertise for bids for one all -wheel drive,
rear engine mount, high speed snow plow truck with double wings and a 12-foot
rollover plow for the Rochester International Airport. Ayes (5), Nays (0). Motion
carried.
F-2a An Ordinance Amending and Reenacting Section 116.01 of the Rochester Code
of Ordinances, Relating to the Bonding Requirements for Outdoor Advertising
Sign Installers, was given a first reading.
F-2b An Ordinance Repealing Ordinance Numbers 3124 and 3116, Relating to the
Annexations of Hartman Farms Annexation and the Rochester Technology Park
Annexation, Respectively, was given a first reading.
F-2c An Ordinance Creating Section 66.014 of the Rochester Code of Ordinances,
Relating to the Adoption of An Interim Ordinance Regulating the Issuance of
Permits For Mining or Extraction Activities Within the City, was given a first
reading.
F-3a I Considered prior to item B-5.
F-3b An Ordinance Amending and Reenacting Section 66.103 of the Rochester code
of Ordinances, Relating to the Adoption of an Interim Ordinance Regulating the
Placement of Manufactured Home Parks Within the City, was given a second
reading. Councilmembers Senjem moved, Stobaugh seconded, to adopt the
Ordinance as written. Ayes (5), Nays (0). Motion carried.
F-3c An Ordinance Creating and Enacting Subsection 7 of Section 60.504 and Section
60.509 of the Rochester Code of Ordinances, Relating to the Regulation of
Replacement of Advertising Signs, was given a second reading.
Councilmembers Stobaugh moved, Senjem seconded, to deny the Ordinance as
written. Ayes (5), Nays (0). Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
5472 RPM lar Adjourned Meeting No 3 - January21, 1998
Agenda
Item
F-3d
F-3e
F-4a
F-4b
An Ordinance Creating and Enacting Sections 129.01, subd. 24, and 129.21,
subd. 3; Amending and Reacting Sections 129.01,-subd 4(c) and (i), 129.01,
subds. 5, 8, 11 and 20, 129.05, 129.07, subd. 2, 129.09, 129.12, 129.22, 129.23,
129.25, subd. 1 and 129.251; and Repealing Subdivisions 22 and 23 of Section
129.01 of the Rochester Code of Ordinances, Relating to the Collection of Sales
Taxes in the City of Rochester, was given a second reading. Councilmembers
Hruska moved, Stobaugh seconded, to adopt the Ordinance as written. Ayes
(5), Nays (0). Motion carried.
An Ordinance Rezoning .16 Acres of Land From the PUD R39 to the R-2 District
and Amending Ordinance No. 2785, Known as the Zoning Ordinance and Land
Development Manual of the City of Rochester, Minnesota, was given a second
reading. Councilmembers Evans moved, Senjem seconded, to adopt the
Ordinance as written. Ayes (5), Nays (0). Motion carried.
Councilmembers Stobaugh moved, Senjem seconded, to adopt Resolution No.
074-98 approving an Owner Contract with Hy-Vee Food Stores, Inc. and Elcor
Construction for Project No. J-9465 "Grading, Surfacing, Watermain
Replacement, Storm Sewer, and Traffic Signals at the Intersection of 12th Street
S.W. and Crossroads Drive S.W.; Intersection Improvements at 3rd Avenue and
14th Street S.W.; and Construct Traffic Choker on 4th Avenue S.W. South of
Crossroads Drive S.W.". Ayes (3), Nays (2). Motion carried. Councilmembers
Hruska and Evans voted nay.
Terry Adkins noted a correction on the billboard ordinance. Mr. Moen's
suggested language also affects any advertising sign that was a distance of 500
feet from another advertising sign on the same side of the street. This would
affect all signs since 1992.
Councilmembers Hruska moved, Evans seconded, to reconsider the Council's
adoption of the ordinance on the advertising signs. Ayes (4), Nays (1). Motion
carried. President Hunziker voted nay. Discussion.
President Hunziker noted that inclusion of this proposed language would mean
that we would still have billboards within 500 feet of each other and would not
eliminate non -conforming signs as desired.
Councilmembers Evans moved, Senjem seconded, to amend the ordinance so
as to adopt the additional language. Ayes (4), Nays (1). Motion carried.
President Hunziker voted nay.
An Ordinance Creating Subdivision 7 of Section 60.504, Section 60.509, and
Paragraph E of Subsection 1 of Section 63.224; and Amending and Reenacting
Sections 60.200, 63.221, Subsection 5 of Section 63.224, Sections 63.225 and
65.510 of the Rochester Code of Ordinances, Relating to the Regulation of
Advertising Signs in the City of Rochester, was given a second reading.
Councilmembers Senjem moved, Hruska seconded, to adopt the Ordinance as
amended. Ayes (4), Nays (1). Motion carried. President Hunziker voted nay.
1
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 5173
Regular Adjourned Meeting No. 3 - January 21, 1998
Agenda
Item
G-1 Councilmembers Evans moved, Senjem seconded, to remove from the table the
request to establish a residential permit parking zone #6 on 5th Avenue S.W./600
block and portions of 7th Street S.W. Ayes (5), Nays (0). Motion carried.
Dave Rossman, Traffic Engineer, noted that Councilmember Marcoux had talked
with him earlier and asked that the hours be effective from 9:00 to 10:00 A.M.
and 2:00 to 3:00 P.M. to control employee parking in the area.
Wishing to be heard was Dave Bush, 412 18th Street S.E., owner of the
apartment complex in the area. Mr. Bush noted the limited off-street parking
available for tenants He noted that the hours will allow persons working in the
evening to get up in time to move their cars so they are not ticketed and will also
allow for the residential home owners to park in front of their own homes.
There were no residents at the meeting to object to the parking zone.
Councilmembers moved, seconded, to adopt Resolution No. 075-98 adding
Permit Parking Zone #6 "Edison Neighborhood" to Section L "Permit Parking"
effective 9:00 A.M. to 10:00 A.M. and 2:00 P.M. to 3:00 P.M., Monday through
Friday, to read:
1) 5th Avenue S.W., on both sides, from 6th Street to 7th Street, and
2) 7th Street S.W., on both sides from the alley east of 5th Avenue to
the alley west of 5th Avenue.
and amend Paragraphs (126.5) and (158.5) of Section B "No Parking Zones" to
read:
(126.5) 5th Avenue S.W. on both sides from 7th Street to 8th
Street, between the hours of 9:00 A.M. to 10:00 A.M. and
2:00 P.M.'to 3:00 P.M., Monday through Friday, and
(158.5) 7th Street S.W. on both sides from 1/2 Block west of 5th
Avenue to 6th Avenue, between the hours of 9:00 A.M. to
10:00 A.M. and 2:00 P.M. to 3:00 P.M., Monday through
Friday.
Ayes (5), Nays (0). Motion carried.
Having no further business, Councilmembers Hruska moved, Senjem seconded,
to adjourn the meeting. Ayes (5), Nays (0). Motion carried.
ity Clerk