HomeMy WebLinkAbout04-06-1998RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 5217
Regular Meetinq No. 8 — April 6 1998
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A-1 President John Hunziker called the meeting to order at 7:00 P.M. with the following
members present: Councilmembers Mack Evans, Ed Hruska, Marcia Marcoux,
Jean McConnell, David Senjem and Walter Stobaugh. Absent: None.
Mayor Canfield noted that the City of Rochester has been awarded the Certificate
of Achievement for Excellence in Financial Reporting. Bruce Atkinson and Cheryl
Belter, from the Finance Department, have been separately honored for their work
towards this goal.
B-1 IA Hearing on the City Issuing Taxable Industrial Development Revenue Bonds for
PEMSTAR, Inc.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 175-
98 granting approval for the issuance of up to $4,000,000 in Taxable Variable Rate
Demand Industrial Development Revenue Bonds for PEMSTAR, Inc. Ayes (7),
Nays (0). Motion carried.
B-2 A Hearing on Final Plat #98-7 to be known as Eastwood Hills Second Subdivision.
Wishing to be heard was Bob Suk, Attorney, representing the developer and owner,
Fred Schmidt. Mr. Suk noted that the recommendation from the Planning staff on
improvements to adjacent roadways be deleted. An agreement has been worked
out with the Public Works Department. Richard Freese noted that he concurs with
the recommendation as long as the plat is recorded before the end of the year.
President Hunziker noted a letter from Lee and Linda Ganske concerned about the
capacity of the stormwater pond and potential runoff and erosion.
Wishing to be heard was Fred Schmidt, Owner and Developer. Mr. Schmidt
addressed the concern of the stormwater pond saying that it is nearing capacity but
that the sediment is currently being removed and the erosion problem will be taken
care of. Mr. Schmidt objected to the parkland dedication amount being raised from
the previously quoted figure. Mike Nigbur, Public Works Department, stated that
the figure was obtained using comparable market values in the area. Mr. Schmidt
and Mr. Nigbur will meet to determine how the dedication amount was developed
as recommended.
Mitzi Baker, Planning Department, noted that the additional drainage easements on
page 10 of the Request for Council Action be included as a condition of the plat.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmember Stobaugh moved, Hruska seconded, to adopt Resolution No. 176-
98 approving Final Plat #98-7 to be known as Eastwood Hills Second Subdivision
with Conditions #2 and #3 on page 9 and #2 on page 10 of the Request for Council
Action. Discussion.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
_ CITY OF ROCHESTER, MINNESOTA
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Mr. Terry Adkins, City Attorney, noted that removal of Condition #1 on page 9
occurs because the policy does not require any improvement if the plat is recorded
by January 1, 1999, not because it is an exception to the policy.
Councilmember Evans felt that the parkland dedication amount should be
negotiated in as much as Mr. Schmidt had been given a prior figure of
approximately $500 per acre less than what is now required.
Ayes (6), Nays (1). Motion carried. Councilmember Evans voted nay.
A Hearing on Final Plat #97-22 to be known as Lincolnshire North Second
Subdivision.
Wishing to be heard was Wade Dumond, Yaggy-Colby, representing the developer.
Mr. Dumond was available to answer any questions from the Council.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Hruska moved, Stobaugh seconded, to adopt Resolution No. 177-
98 approving Final Plat #97-22 to be known as Lincolnshire North Second
Subdivision with four conditions. Ayes (7), Nays (0). Motion carried.
A Hearing on Final Plat #98-6 to be known as Southern Woods Second Addition,
CIC #151.
Wishing to be heard was of Joel Thorson, GGG Engineering, representing the
developer. He noted that they agree with the staff recommendations and made
himself available for any questions.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Marcoux moved, McConnell seconded, to adopt Resolution No.
178-98 approving Final Plat #98-6 to be known as Southern Woods Second
Addition, CIC #151 with three conditions. Ayes (7), Nays (0). Motion carried.
A Hearing on Annexation by Ordinance Petition #98-6 by Western Walls, Inc. to
annex 10.05 acres of land located west of 48th Avenue N.W. and north of 7th Street
N.W. in a part of Sections 29 and 32, Cascade Township.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers Senjem moved, Stobaugh seconded, to approve Annexation by
Ordinance Petition #98-6 by Western Walls, Inc. and instruct the City Attorney to
prepare the required Ordinance for adoption. Ayes (7), Nays (0). Motion carried.
A Hearing on Annexation by Ordinance Petition #98-4 by Payne Company to annex
6.06 acres of land located south of Viola Road/CR 2, east of East Circle Drive, in a
part of Section 32, Haverhill Township.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 5219
Regular Meeting No. 8 — April 6, 1998
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers McConnell moved, Evans seconded, to approve Annexation by
Ordinance Petition #98-4 by Payne Company and instruct the City Attorney to
prepare the required Ordinance for adoption. Ayes (7), Nays (0). Motion carried.
B-7 A Hearing on Type III, Phase II, Land Subdivision Permit #98-5 to be known as
Century Hills Second Subdivision located south of Viola Road N.E./CR 2 and east
of East Circle Drive/CR 22.
Wishing to be heard was Wade Dumond, Yaggy-Colby, representing the applicant.
Mr. Dumond spoke to the condition of the access to the adjacent property. He
noted that the topography is inadequate to allow for the required access. It is
possible that the adjacent landowner will sell a piece of property to the applicant.
They asked that the item not be tabled but that they are allowed to address the
issue before the final plat is presented for approval.
Mitzi Baker, Planning Department, stated that there was a meeting between the
developer, seller, Planning and Public Works Departments to resolve the various
problems. She noted that both the Planning and Public Works Departments feel
that whatever is resolved, access to the adjoining property must be shown. They
are not satisfied that the issue has been resolved.
Wishing to be heard was Bill Tointon, McGhie & Betts, representing the adjacent
landowner, Dr. Salisbury. Mr. Tointon noted that they would like the final plat to be
delayed for two weeks to work out a solution. In the event that the pending sale of
an adjacent portion of the Salisbury property does not go through, the cul-de-sac
will need to be changed.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Evans moved, Senjem seconded, to approve Land Subdivision
Permit #98-5 to be known as Century Hills Second Subdivision with the condition
that access to the adjoining property be resolved before the final plat is submitted
and instruct the City Attorney to prepare Findings of Fact, Conclusions of Law, and
Order. Ayes (7), Nays (0). Motion carried.
B-8 A Hearing on General Development Plan #129 by Bernita Mohn to be known as the
Mohn Property GDP, located along the north side of 2"d Street S.W., east of
Cascade Creek and West Circle Drive.
Wishing to be heard was Bill Tointon, McGhie & Betts, representing the applicant.
Mr. Tointon noted that this particular GDP has been in the makings since the
1970's. He stated that there are two concepts that could be used; Concept A
having two access points into the subdivision and Concept B having only one
access point to the property. Mr. Tointon noted that prior to the Mayo Clinic buying
the property to the east, a 66-foot access easement has been retained by the
Mohns. Mr. Tointon stated that they are in compliance with the six findings from the
Planning Commission. There were four conditions placed on the GDP; they were in
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agreement with the cash contribution for the parkland dedication but not in
agreement with the Park Department taking any of the lake front property on the
northeasterly corner. This is the only property that would be allowed to have
lakefront shorelines. Mr. Tointon said if this area were a park, it would be difficult to
patrol and could become a nuisance issue. He stated that the City has acquired
enough parkland in the Cascade Lake area that they would not need to have
something in this subdivision. He also stated that they would like to see the bike
trail on the east side of the property. They are in agreement with the other three
conditions and also the additional four conditions recommended by the staff.
Wishing to be heard was Bob Suk, Attorney, representing the applicant, Mrs. Mohn.
He stated that taking the northeast corner for parkland amounting to 2.8 acres
takes the heart out of the plat and takes the development away from any contact
with the water. A park with access to the water could create a large liability to the
City as well as inviting continuous problems as a nuisance in the form of
congregations of people, parties, trash, etc.. He noted that they would be willing to
make a reasonable contribution to the parkland dedication fund. Mr. Suk also
stated the alternative proposal from the Park Department would be agreeable; to
bring a bridge across the waterway, through the subdivision, to access the main
bike trail, granting the required easement as well as the required easement along
Second Street S.W.
Councilmembers asked about the narrow strip between the water and the property
of about 50 feet owned by another individual. Mr. Suk anticipated that something
would be resolved over the issue of ownership of this strip of land prior to the final
plat coming before the Council.
Denny Stotz, Park Department spoke as to how the Park Department determines
the need for a neighborhood park. Since this subdivision would encompass 28
acres with 58 homes, it would fall under the guidelines for a park to be established.
However, that decision is left to the Council to make. He noted that one of the
reasons for the requesting of the land rather than the cash is that they are unsure
when the Mayo property to the east will be used for something other than a parking
lot. The reason for having the park located in the northeast corner of the property
was not the attraction of the water but by putting in a bridge and the neighborhood
park the City could take care of some existing problems presented by the lackof a
park in the Manorwoods or Interlocken Subdivisions.
Mike Nigbur, Public Works Department, spoke to the six criteria needed for
approval. He stated that two of the six are not being met. Number two — proposed
street patterns appropriate to serve properties and adjoining lands. Concept B has
no secondary access. Number six — lot, block and street layout consistent with
64.100. No dedications for easements and facilities (sidewalks) to the east and
north and south to link properties together.
Wishing to be heard was Curt Machholz. Mr. Machholz stated that he thought that
the areas close to the lake, now owned by someone other than Mrs. Mohn, should
be a part of the parkland. He felt that bike trails should be around the entire lake.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 522�
Regular Meeting No. 8 —April 6 1998
Councilmember felt that more information should be received prior to decisions
about the placement or need of parkland in the subdivision. That the additional
information needed to include a master parkland map, the progress to date on the
Cascade Lake project, what is going to happen to the property along the lake,
perhaps visit the site in person, a proposal for a combination of dedication of
parkland/cash, and combination of sedimentation/bike trail.
Councilmembers McConnell moved, Stobaugh seconded, to continue the hearing
to May 4, 1998, on General Development Plan #129 by Bernita Mohn. Ayes (5),
Nays (2). Motion carried. Councilmembers Evans and Hruska voted nay.
B-9 A Hearing on an Amendment to the Zoning Ordinance and Land Development
Manual — provide a ten day review period for advertising signs in 60.506 and
correct language in 60.509 on sign replacement.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers Marcoux moved, Stobaugh seconded,to approve the Amendment
to the Zoning Ordinance and Land Development Manual and instruct the City
Attorney to prepare the required Ordinance for adoption. Ayes (7), Nays (0).
Motion carried.
C-2-19 Councilmembers Hruska moved, Evans seconded, to approve the following
consent agenda items:
C-1 I See at end of C items.
C-2 IApprove including the Library Board in Section 13 of the Code of Ordinances
requiring the Library Board members to fill out ethics disclosure forms.
C-3 Adopt Resolution No. 178A-98 approving the Mayo Foundation to close Second
Avenue S.W., between First Street and Second Street S.W., on Friday, June 12,
1998 and to install a free standing canopy in this location during that time period.
C-4 IAdopt Resolution No. 179-98 entering into a lease agreement with Aerodome
Group, Inc. for a new fuel facility at the Rochester International Airport.
C-5 Adopt Resolution No. 180-98 entering into a lease agreement with AGD, Inc. for
Federal Express' and Airborne Express' new air cargo buildings and parking lots at
the Rochester International Airport.
C-6 Approve the following licenses and miscellaneous activities:
Gambling
Rochester Area Builders, Inc. — Raffle at Willow Creek Golf Course — May 21,
1998 (waiver of 30 day holding period requested)
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Sound Amplification Permit
Gift of Life Transplant House - 705 Second Street S.W. - June 3-6, 1998
(waiver of time from 8:00 P.M. requested)
UNITY Cultural Parade - Mayo Civic Center - May 9, 1998
Mayo Foundation - Gonda Building Groundbreaking - Second Avenue S.W. -
June 12, 1998
Parade Permit
UNITY Cultural Parade - Mayo Civic Center - May 9, 198
Miscellaneous Street Use
Rochester Track Club - Spring Running Race at Essex Park - May 9, 1998
American Legion Auxiliary - Annual Poppy Days - May 8 & 9, 1998
New Life Family Services - 5K Walk/Run - June 13, 1998
Adopt Resolution No. 181-98 setting a hearing at 7:00 P.M., May 4, 1998 for
outstanding billings for weeds, trees, debris removal, snow removal, impound
towing and electric/sewer/water charges.
Adopt Resolution No. 182-98 supporting the National League of Cities
Congressional Conference advocating the following five federal priorities:
Preserving municipal authority, Preserving our transportation systems, Protecting
municipal authority in federal electric deregulation legislation, Keeping the federal
budget balanced and controlling entitlements and Building stronger communities.
Approving the appointment of Steve Krier to the Housing Board of Appeals filling
the expired term of Joseph J. Combs and running to April 1, 2000.
Approving the appointment of Robert J. Wenner to the Committee on Urban Design
and Environment.
Approving the appointments of Carole McCaleb, Marvin Langanki and Robert
Beranek to the Zoning Board of Appeals. McCaleb runs to December 31, 2001,
Langanki runs to December 31, 1999 and Beranek runs to December 31, 1998.
Accept $190 from the S.E. Minnesota Police and Peace Officers Association to
assist the Rochester Police Honor Guard clothe and equip their unit.
Accept $550 from the Rochester Police Benevolent Association to assist the
Rochester Police Honor Guard clothe and equip their unit.
Approve the revision of RCO Section 106A.10, Subd. 1 pertaining to barking dogs.
Adopt Resolution No. 183-98 adding Paragraph (69.5) of Section E "Passenger
Loading Zones" of the Comprehensive Traffic and Parking Resolution Book to read:
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 5223
Regular Meeting No. 8 — April 6 1998
(69.5) Fourth Avenue S.E., in the 500 block, on the east side of the street,
one stall in front of the premise known as 516 Fourth Avenue S.E., 15
minute limit, from 5:00 to 6:00 P.M., Monday through Friday.
C-16 I Adopt Resolution No. 184-98 making the following changes to the Comprehensive
Traffic and Parking Resolution Book:
Delete paragraphs (17.5) and (17.6) from Section E, "Passenger Loading
Zones".
Amend paragraph (29) of Section E, "Passenger Loading Zones" to read:
(29) Second Street S.W. on the north side of the street from Second
Avenue to Third Avenue, between the hours of 6:00 A.M., to 6:00
P.M., Monday through Saturday, 30 second limit (Mayo Clinic).
Amend paragraph (2) of Section C, "Special Parking Zones", Zone E-
Courtesy Vans, to read:
(2) Third avenue S.W. on the west side, two stalls immediately north
of Second Street, for the Federal Medical Center Vans only, 6:00
A.M., to 6:00 P.M., Monday through Friday.
C-17 Adopt Resolution No. 185-98 authorizing the City Clerk to advertise for bids to be
opened at 11:00 A.M. on April 28, 1998 for Project No. 9809 (J-4893)
"Waterproofing curbs and Sidewalks on Third Avenue and Fourth Street S.E.
Bridges".
C-18 Adopt Resolution No. 186-98 authorizing the City Clerk to advertise for bids at
11:00 A.M. on April 28, 1998 for Project No. J-4961 1998 Power Washing the
Decks of the City Parking Ramps".
C-19 I Approve Accounts Payable in the amount of $1,071,522.81.
Ayes (7), Nays (0). Motion carried.
Councilmembers Hruska, Senjem and Stobaugh noted their relationship with the
Mayo Foundation. Special thanks were also given to those agencies for their
donations.
C-1 Councilmember Stobaugh asked that the minutes for the March 16, 1998 meeting
be amended to include:
Item B-1 — Councilmember Evans made the motion rather than
Councilmember Stobaugh. (Approval for Revenue Bonds for Mayo
Foundation )
Item H-1 — Councilmember Stobaugh abstained from the vote. (Rezoning
question for the area of 55th Street and 18th Avenue N.W.)
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Councilmembers Stobaugh moved, Hruska seconded, to approve the minutes of
the March 16, 1998 meeting as amended. Ayes (7), Nays (0). Motion carried.
Wishing to be heard was Norm Nelsen, 5618 26th Avenue N.W. Mr. Nelsen
presented a summary of the changes made to the Findings of Fact, Conclusions of
Law and Order on Land Use Plan Amendment #97-5 and Zone Change Request
#97-16 to allow the Council to first deny and then approve the application requests.
Councilmembers Stobaugh moved, Marcoux seconded,to approve the repealing of
RCO Chapter 80, the Human Rights Ordinance, effective upon the County Human
Rights Commission beginning operations, appropriating the remaining budget
appropriation to the Olmsted County Human Rights Commission, and instructing
the City Attorney to prepare the required Ordinance for adoption. Discussion.
Councilmembers expressed their dissatisfaction with the Post -Bulletin articles
stating that the Council had not dealt with their responsibilities in this area by
expanding the Ordinance to include all protected classes. They were critical of the
County Board for not holding a public hearing on their adopted Ordinance and
suggested that they might want to do so.
Ayes (7), Nays (0). Motion carried.
Councilmembers Hruska moved, Stobaugh seconded, approving the creation of the
position of Director of Planning and Technological Development in the Rochester
Police Department. Ayes (7), Nays (0). Motion carried.
Councilmembers Evans moved, Senjem seconded,to approve the 1998
compensation increase for the City Administrator of 2.75%, effective January 1,
1998. Discussion.
Councilmember McConnell stated that he supported the City Administrator but
could not support salaries of $100,000+ in the City government.
Ayes (6), Nays (1). Motion carried. Councilmember McConnell voted nay.
Councilmembers Evans moved, Marcoux seconded, to adopt Resolution No. 187-
98 entering into an agreement with Floyd Larson Construction in the amount of
$545,000 for construction of a skyway from the Pavilion Building to the Woolworth
Building and for engineering services for special inspection and testing as required
by the Uniform Building Code for the skyway bridge project. Discussion.
The low bid is approximately $100,000 higher than the estimated cost for the
construction of the skyway. Doug Knott, Downtown Development Director, noted
that the extra cost is attributable to the high price of steel. When asked if rebidding
would be beneficial, he noted that steel prices are estimated to continue to increase
in price and construction would be then started at a date not beneficial for the
construction season.
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Ayes (6), Nays (1). Motion carried. Councilmember Senjem voted nay.
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E-5 Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No.
188-98 entering into an agreement with Braun Intertec for construction materials
testing and UBC special inspections for the Third Street Parking Ramp. Ayes (7),
Nays (0). Motion carried.
E-6 Councilmembers Stobaugh moved, Hruska seconded, to adopt Resolution No. 189-
98 accepting the award of $601,000 from the Department of Housing and Urban
Development for the City's 1998 CDBG Program and approve the Grant
Agreement. Ayes (7), Nays (0). Motion carried.
E-7 Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No.
190-98 entering into a lease agreement with J & D Food Service for the restaurant
concession at the Rochester International Airport. Ayes (7), Nays (0). Motion
carried.
E-8 Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No.
191-98 executing State Aid Agreements #77290 for a Plow Truck for $249,000 and
#77382 for a Wheel Loader for $168,400 for the Rochester International Airport.
Ayes (7), Nays (0). Motion carried.
E-9 Councilmembers Stobaugh moved, McConnell seconded, to adopt Resolution No.
192-98 entering into a purchase agreement with RDO Equipment for a wheel loader
and entering into a joint powers agreement with Corinna Township to exercise the
power to bid the purchase of equipment jointly for the Rochester International
Airport. Ayes (7), Nays (0). Motion carried.
E-10 I Councilmembers Evans moved, Marcoux seconded, to adopt the following Public
Utility resolutions:
Resolution No. 193-98 entering into a purchase order agreement with
Badger Meter, Inc. for furnishing one year's supply of water meters in an
amount not to exceed $54,776.10 and extending the contract for a second
or third year if acceptable to both parties,
Resolution No. 194-98 entering into a purchase order agreement with Dave
Syverson Truck Center, Inc. for One (1) tandem -axle truck cab and chassis
in an amount not to exceed $43,040.00,
Resolution No. 195-98 extending the delivery date for the cab and chassis
for two (2) previously purchased trucks and to enter into a purchase order
agreement with Dave Syverson Truck Center, Inc. for two (2) single -axle
truck cabs and chassis in an amount not to exceed $77,280.00,
Resolution No. 196-98 entering into a purchase order agreement with
Sweeney Brothers Tractor Company, Inc., for one (1) wheel loader— 1998
in an amount not to exceed $157,600.00,
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Resolution No. 197-98 approving a Stipulation for Settlement agreement by
the State of Minnesota Workers' Compensation Division between John
Brommerich and the City of Rochester,
Resolution No. 198-98 approving an invoice from the Minnesota Pollution
Control Agency for 1998 Emission Fee for the Silver Lake Plant in an
amount of $82,694.22,
Resolution No. 199-98 entering into a contract agreement with Utilicorp
United, Inc., subject to acceptance by the City Attorney of additional
changes requested by Utilicorp United, Inc. for Balancing Service Contract,
Large volume Firm/Interruptible Gas Sales Agreement, Shipper Service Gas
Contract, Interruptible Transportation Service Agreement, and Amendment
to Capacity Management Agreement (October 28, 1993),
Resolution No. 200-98 adding the language to the end of the present
Section 8.04 of the existing Peaking Capacity Purchase Agreement, and
Resolution No. 201-98 direct the City Attorney to prepare an ordinance
authorizing RPU to install fiber optic communications cable within the City;
and adopt the recommendation that RPU management be directed to take
the necessary steps to allow the utility to perform "local niche service".
Ayes (7), Nays (0). Motion carried.
The Public Utility Department was also commended for sending crews to
the St. Peter tornado disaster.
Councilmembers Stobaugh moved, McConnell seconded, to approve the transfer of
the On -Sale Wine and Beer License for the Wright Stuff Food and Drink at the
Rochester International Airport to J & D Food Service. Ayes (7), Nays (0). Motion
carried.
Councilmembers Evans moved, Stobaugh seconded, to approve the On -Sale
Intoxicating Liquor and Sunday License for Ristorante D'Agostino's, Inc. DBA
D'Agostino's at 20 Fourth Street S.E. pending receipt of the required fees,
insurance certificates, departmental approvals and certificate of occupancy. Ayes
(7), Nays (0). Motion carried.
Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
202-98 authorizing the Mayor and City Clerk to sign the amended State Hazmat
Team contract increasing the limits of Municipal Tort Liability. Ayes (7), Nays (0).
Motion carried.
Councilmembers Stobaugh moved, Marcoux seconded, to initiate the process to
amend the land use plan for six parcels in the Cascade Lake area and refer the
matter to the Planning Commission to hold a public hearing. Discussion.
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Wishing to be heard was Rick Arends, owner of parcel 6 in the Cascade Lake area.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
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Regular Meeting No. 8 — April 6 1998
Mr. Arends was frustrated with the process in which the recommendation was
brought forward without his knowledge. He asked that the Council delete his
property as one of the recommended parcels to come before public hearing for the
land use change. Mr. Arends stated that he would provide a plan to the City that
would give them what they are asking for in terms of walkway along the lake but
allows for the development of some property behind the walkway. He is looking at
the feasibility of stabilizing the shoreline and walkway. He felt that he would have
a general development plan within the next 60 days for the area.
Denny Stotz, Park Department stated that this amendment is identifying the public
land around the lake per prior instructions from the Council. It would place the City
in a better position should someone come in with a general development plan.
Councilmembers Stobaugh moved, Senjem seconded, to amend the original
motion to delete parcel 6 from the motion and ask Mr. Arends to bring his plan to
the Council within 60 days.
Ayes (5), Nays (2). Motion carried. Councilmembers Evans and Hruska voted nay.
E-15 Councilmembers Marcoux moved, Stobaugh seconded, to appropriate an additional
$30,100.66 from the Future Construction Account to remove underground storage
tanks and replace with above ground fuel storage at the City Park maintenance
facility, Eastwood, Northern Hills and Soldiers Field golf courses. Ayes (7), Nays
(0). Motion carried.
E-16 Councilmembers Hruska moved, Marcoux seconded, to approve the appointment
of Richard J. Lovett to the position of Assistant Chief in the Rochester Fire
Department effective April 9, 1998, contingent upon the applicant complying with all
Fire Civil Service rules and regulations. Ayes (7), Nays (0). Motion carried.
E-17 Councilmembers Marcoux moved, Stobaugh seconded, to approve an amendment
to the Zoning Ordinance and Land Development Manual Floodplain and Floodway
on land located along Willow Creek, east of US 63 and north of 40th Street and
instruct the City Attorney to prepare the required Ordinance for adoption. Ayes (7),
Nays (0). Motion carried.
E-18 Councilmembers Stobaugh moved, Marcoux seconded, to authorize the transfer of
$2000 from the 1998 Contingency Fund to the Traffic Engineering Budget for the
manufacture and installation of private street name signs. Ayes (7), Nays (0).
Motion carried.
E-19 Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No.
203-98 initiating a 90-day quick take condemnation process for the five Quarve
properties in the Cascade Lake area. Ayes (5), Nays (2). Motion carried.
Councilmembers Evans and Hruska voted nay.
E-20 I Councilmembers Hruska moved, Evans seconded, to accept the donation of land
from the Strobel Trust on 18th Street S.W.. Ayes (7), Nays (0). Motion carried.
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The land will benefit the City for stormwater management, roadway reconstruction
and as an excess fill disposal site.
Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
204-98 accepting the proposal to allow Western Digital to participate in the
Regional Storm Water Management Plan and direct the city staff to develop and
execute an agreement for the contribution of approximately $124,000.00 and to
acquire property, at market value, for the regional storm water management project
in the 41st Street N.W. area. Ayes (7), Nays (0). Motion carried.
Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 205-
98 executing the option agreement to purchase between 26 and 35 acres of land
on the Dallas Strain property at Highway 14 and 60th Avenue N.W. if the city
receives a grant from the Board of Water and Soil Resources for the creation of
wetlands in the Rochester area. Ayes (7), Nays (0). Motion carried.
Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No.
206-98 entering into an annexation and utility connection agreement with Kingsway
Properties for property located along the west side of TH 63 North, south of 48th
Street N.E. Ayes (7), Nays (0). Motion carried.
Councilmembers Marcoux moved, Evans seconded, to adopt Resolution No. 207-
98 entering into an agreement with Short Elliot Hendrickson to provide plans and
specifications and to provide inspection services for the installation of traffic signals
at three locations on West Circle Drive. Ayes (7), Nays (0). Motion carried.
Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
208-98 executing Change Order #1 with Sheehy Construction for waterproofing and
concrete roof repairs at the Water Reclamation Plan in the amount of (add)
$33,049.57. Ayes (7), Nays (0). Motion carried.
Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 209-
98 authorizing the acceptance of bids for 1998 Season Supply Aggregate Products
as noted in the Request for Council Action. Ayes (7), Nays (0). Motion carried.
Councilmembers Stobaugh moved, Hruska seconded, to adopt Resolution No. 210-
98 authorizing the acceptance of bids for the 1998 Season Supply of Liquid Cut -
Back Asphalt products as noted in the Request for Council Action. Ayes (7), Nays
(0). Motion carried.
Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No.
211-98 authorizing the acceptance of bids for the 1998 Season Supply of
Aggregate products as noted in the Request for Council Action. Ayes (7), Nays (0)
Motion carried.
Councilmembers Marcoux moved, Senjem seconded, to adopt Resolution No. 212-
98 requesting a variance from the Commissioner of Transportation from State Aid
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Agenda
Item
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 5229
Regular Meeting No. 8 — April 6 1998
Rules concerning State Aid Project 5502-78 and 159-107-14 (City Project J-6338)
to permit plan approval after award of contract in lieu of the required State Aid plan
approval prior to award of contract. Ayes (7), Nays (0). Motion carried.
E-30 Councilmembers McConnell moved, Marcoux seconded, to adopt Resolution No.
213-98 authorizing the City Clerk to advertise for bids to be opened on April 22,
1998 for Computer Maintenance at the Water Reclamation Plant. Ayes (7), Nays
(0). Motion carried.
E-31 Councilmembers Stobaugh moved, Marcoux seconded, to approve the Sisters of
Assisi Stations of the Cross walk on April 10, 1998 to various parts of the City.
Ayes (7), Nays. (0). Motion carried.
F-2a An Ordinance Annexing to the City of Rochester Approximately 10.05 Acres of
Land Located In a Part of the NW1/4 of Section 32 and a Part of the SW1/4 of
Section 29, Township 107 North, Range 14 West, Olmsted County, Minnesota, was
given a first reading. (West of 48th Avenue N.W., North of 7th Street N.W. —
Western Walls)
F-2b An Ordinance Annexing to the City of Rochester Approximately 6.06 Acres of Land
Located In a Part of the SE1/4 of the NE1/4 and the NE1/4 of the SE1/4 of Section
30, Township 107 North, Range 13 West, Olmsted County, Minnesota, was given a
first reading. (South of Viola Road, East of East Circle Drive — Payne Company)
F-2c An Ordinance Amending and Reenacting Subsection 1 of the Section 60.506,
Relating to the Time Period For the Issuance of Sign Permits, and Amending and
Reenacting Section 4 of Section 60.509, Relating to the Regulation of Advertising
Signs in the City of Rochester, was given a first reading.
F-2d An Ordinance Amending and Reenacting Subdivision 2 of Section 13.03 of the
Rochester Code of Ordinances, Relating to the Code of Ethics Disclosure
Requirements, was given a first reading.
F-2e I An Ordinance Amending and Reenacting Subdivision 1 of Section 106A.10 of the
Rochester Code of Ordinances, Relating to Barking Dogs, was given a first reading.
F-2f An Ordinance Repealing Chapter 80 of the Rochester Code of Ordinances,
Relating to Human Rights and the City's Human Rights Commission, was given a
first reading.
Councilmembers Senjem moved, Stobaugh seconded, to suspend the rules and
give the Ordinance a second reading. Ayes (7), Nays (0). Motion carried. The
Ordinance was given a second reading. Councilmembers Senjem moved,
Stobaugh seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion
carried.
F-2g An Ordinance Creating Chapter 91 B of the Rochester Code of Ordinances,
Relating to the Installation and Maintenance of a Fiber Optic Communications
Network, was given a first reading.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
5230
Agenda
Item
F-2h
F-3a
F-4a
An Ordinance Amending the Flood Boundary and Floodway Maps, and the Flood
Insurance Maps Incorporated Into the Rochester Code of Ordinances, Relating to
the Redesignation of Lands From Floodway to Flood Fringe, was given a first
reading.
An Ordinance Creating and Enacting Section 96.011 of the Rochester Code of
Ordinances, Relating to the Creation of a Taxicab Franchise in the City of
Rochester, was given a second reading. Councilmembers McConnell moved,
Stobaugh seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion
carried.
Councilmembers Evans moved, Marcoux seconded, to adopt Resolution No. 214-
98 entering into a City -Owner Contract with Bryce Prow for Project No. J-9486
"Basic Construction in Valleyhigh Industrial Park (Sanitary Sewer and Watermain)".
Ayes (7), Nays (0). Motion carried.
Having no further business, Councilmembers Evans moved, Marcoux seconded, to
adjourn the meeting. Ayes (7), Nays (0). Motion carried.
City Clerk
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