HomeMy WebLinkAbout04-20-1998RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 5231
Regular Adjourned Meeting No. 9 — April 20 1998
Agenda
Item
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.
The Council recognized Boy Scout Troop 95 from the Hoover School area.
B-1 A Hearing on General Development Plan #128 by B & C Properties Ltd., to be
known as B & C Properties located south of 37th Street N.E. and east of Broadway
North.
Councilmembers Hruska moved, Stobaugh seconded, to continue the hearing to
May 4, 1998 as requested by the applicant. Ayes (7), Nays (0). Motion carried.
B-2 A Hearing on Vacation Petition #98-5 by Tyler Jay Company to vacate 110 feet of
the northerly 8 feet of the 10-foot utility easement located on Lot 1, Block 3,
Hendricks Subdivision.
Councilmembers McConnell moved, Marcoux seconded, to table the hearing to
May 4, 1998 due to an erroneous hearing notice. Ayes (7), Nays (0). Motion
carried.
B-3 A Hearing on the Appeal of Fire Code Violations by Jake Muldrow for Property at
219 Sixth Avenue S.W.
Wishing to be heard was Jake Muldrow, owner of the property at 219 Sixth Avenue
S.W. Mr. Muldrow discussed the fire code violations, which had prompted the
hearing to be held. Those violations included an inadequate electrical extension, a
ceiling light fixture with exposed wiring, and an apartment with an excessive
amount of combustible material.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Mr. Muldrow was instructed by the Council to clear up these minor violations within
one week's time. Lt. Tim Bangert, Fire Prevention Bureau, was in agreement with
the Council direction.
Councilmembers Marcoux moved, Stobaugh seconded, to uphold the orders of the
Rochester Fire Prevention Bureau and to give Mr. Muldrow one week's time to
accomplish the corrections on the fire violations. Ayes (7), Nays (0). Motion
carried.
B-4 A Hearing on General Development Plan #92 to amend the approved plan for the
area known as Manor Woods West.
Ron Livingston, Planning Department, informed the Council that staff had met with
the developer's engineering firm to discuss the conditions placed on the GDP,
specifically, the wetlands issue. They recommended that the condition requiring
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
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the delineation and replacement plan, if needed, be provided at the preliminary plat
stage, except Manor Woods West 10th which had already been reviewed by the
Planning and Zoning Commission.
Wishing to be heard was Lisa McGillivray, McGhie and Betts, representing the
applicant. Ms. McGillivray noted that the GDP was first approved in 1985. They
have adhered to the Land Development Manual criteria and have continued to work
with the Planning and Public Works Departments. She noted that there were
previous wetlands that no longer exist on the plan. It was noted that there will be a
long road, which will not have an effect on erosion or drainage issues.
Wishing to be heard was Dave Newhouse, 4330 Fourth Place N.W., concerned
about the water quality and the sedimentation at the bottom of the hill. Mike Nigbur,
Public Works Department, noted that when the Plan is submitted, topography,
erosion concerns and sedimentation concerns are all looked at.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Senjem moved, Evans seconded, to approve General
Development Plan #92 with six findings and two conditions, the second condition
on wetland delineation as recommended by staff to be completed prior to the
preliminary plat approval and instruct the City Attorney to prepare Findings of Fact,
Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried.
A Hearing on Zoning District Amendment #98-1 by Badger Trust to rezone 6.31
acres of land from I to M-1 located north of Valley High Drive N.W. and east of
West Circle Drive.
Having no one present wishing to be heard, President Hunziker closed the hearing.
Councilmembers McConnell moved, Hruska seconded, to approve Zoning District
Amendment #98-1 by Badger Trust. Ayes (7), Nays (0). Motion carried.
A Hearing on Type III, Phase II, Land Subdivision Permit #98-9 to be know as
Diamond Ridge Twelve Subdivision located west of 48th Avenue N.W., north of 7m
Street N.W.
Wishing to be heard was Chuck DeWitt, 604 11th Avenue N.W. Mr. DeWitz noted
that they needed to have the land annexed in order to proceed with the final plat
approval. He asked that the ordinance be given a second reading this evening.
Having no one further present wishing to be heard, President Hunziker closed the
hearing.
Councilmembers Hruska moved, Evans seconded, to approve Type III, Phase II,
Land Subdivision Permit #98-9 to be known as Diamond Ridge Twelve Subdivision
with four conditions noting the change in condition #2 and giving the ordinance a
second reading this evening and instruct the City Attorney to prepare Findings of
Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No 9 — April 20, 1998 5233
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B-7 A Hearing on Final Plat #98-4 to be known as Golf View Estates Fourth.
Wishing to be heard was Bill Tointon, McGhie and Betts, representing the applicant.
He noted that the one condition of a name change on a roadway will be changed on
the final plat.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 215-
98 approving Final Plat #98-4 to be known as Golf View Estates Fourth with one
condition. Ayes (7), Nays (0). Motion carried.
B-8 A Hearing on Annexation by Ordinance Petition #98-7 by Richard and Nancy
Zodrow to annex 2.4 acres of land located along the south side of Pinewood Road
S.E. and the east side of 26th Avenue S.E.
Having no one wishing to be heard, President Hu.nziker closed the hearing.
President Hunziker noted that he had talked with Mr. Zodrow during the week. Mr.
Zodrow was only concerned about the permits and fees as a result of this
annexation. It was noted that the annexation fee is waived in this instance.
Councilmembers Evans moved, Stobaugh seconded, to approve Annexation by
Ordinance Petition #98-7 by Richard and Nancy Zodrow and instruct the City
Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0).
Motion carried.
B-9 A Hearing to Consider Local Improvement Project No. 6310-3-98 (J-9482)
"Watermain Extension in 10th Avenue S.W. in Airport Industrial Park Subdivision".
Having no one present wishing to be heard, President Hunziker closed the hearing.
Councilmembers Stobaugh moved, Senjem seconded, to adopt Resolution No.
216-98 approving Local Improvement Project No. 6310-3-98 (J-9482) "Watermain
Extension in 10th Avenue S.W. in Airport Industrial Park Subdivision". Ayes (7),
Nays (0). Motion carried.
C-1 - Councilmembers Stobaugh moved, Evans seconded, to approve the following
C-13, consent agenda items:
C-15
C-1 Approval of the minutes of the April 6, 1998 Council Meeting.
C-2 Approval of the following licenses and miscellaneous activities:
Circus
Rochester Jaycees for Circus Vegas — Mayo Civic Arena — April 15, 1998 (Prior
approvals by Councilmembers McConnell, Hruska, Senjem and President
Hunziker)
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
_ CITY OF ROCHESTER, MINNESOTA
5234 Regular erij. UFRed MeetiRg Ne. 9 ApFil 20, 1998
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Sidewalks — Cement
Tom Thiemann DBA S & T Masonry, Inc., Dodge Center
Jason Freese & Kurt King DBA Complete Concrete Company, Byron
Steve Morris Concrete Construction, Inc. , Kasson
Knutson Construction, Rochester
Sign Installation
Attracta Sign, St. Louis Park
Outdoor Dining
Victoria's Restaurant, Rochester
Miscellaneous Activities
Cystic Fibrosis — Great Strides Walk — May 2, 1998
American Legion - Memorial Day Parade — May 25, 1998
Approval of Accounts Payable in the amount of $858,758.95.
Adopt Resolution No. 217-98 awarding the contract to Road Constructors in the
amount of $293,729.67 for Project No. 6219-4-96 (J-9362) "Street Resurfacing and
Curb and Gutter in 19th Street N.W. from 18 1/2 Avenue N.W. to CSAH 4".
Adopt Resolution No. 218-98 awarding the contract to Rochester Sand & Gravel for
$681,429.00 for Project No. 6206-2-79 (J-8692) "Reconstruct 6th Street S.E. from
3`d Avenue S.E. to 13th Avenue S.E."
Approve the appointment of Michael D. Story to the position of Motor Operator in
the Rochester Fire Department effective May 1, 1998.
Accept the donation of $308.00 from the Oronoco Firefighters Relief Association to
be used by the Rochester/Olmsted County Emergency Response Unit for the
purchase of a tactical stretcher and carry bag.
Adopt Resolution No. 219-98 approving the execution of City/State Agreement No.
77360 and 77361-R for C.S. 5502-78 and City Project No. 9801 (J-9465 "Traffic
Signal Modification and Intersection Improvements at T.H. 14 and Crossroads
Drive".
Adopt Resolution No. 220-98 directing the City Clerk to publish notice of hearing
scheduled for May 4, 1998 for Sidewalk Replacement Project No. 1-1998 (J-9487)
"13th Street to 16th Street S.E.; Td Avenue to 111h Avenue S.E. and 11th Avenue S.E.
(West Side) from 12th Street to 13th Street S.E."
Adopt Resolution No. 221-98 directing the City Clerk to publish notice of hearing
scheduled for May 4, 1998 for Sidewalk Replacement Project No. 2-1998 (J-9488)
"16th Street to 20th Street S.E., 3rd Avenue to 11th Avenue S.E."
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 5235
Regular Ad -mourned Meeting No 9 —,April 20, 1998
Agenda
Item
C-11 Adopt Resolution No. 222-98 directing the City Clerk to publish notice of hearing
scheduled for May 4, 1998 for Sidewalk Replacement Project No. 3-1998 (J-9489)
"11th Avenue N.E., East Center to 14th Street N.E. and the Replacement of Various
Concrete Curb and Gutter Sections to Correct Drainage and Safety Problems on
11th Avenue N.E. Between 7th Street and 141h Street N.E."
C-12 Adopt Resolution No. 223-98 approving a revocable permit for a canopy at the
Soldier Field 4th Street Motel.
C-13 Approve the amendment to the Disorderly Use Ordinance to indicate that disorderly
use notices issued after initiation of unlawful detainer action do not count against
the landlord.
C-14 See at end of C Items.
C-15 Adopt Resolution No. 224-98 approving and consenting to the action of Olmsted
County, Minnesota, in authorizing the sale of refunding revenue bonds, series
1998.
Ayes (7), Nays (0). Motion carried.
C-14 Dave Rossman, Public Works Transportation, explained to the Council the need for
the cooperative agreement for engineering services, installation and maintenance
with Olmsted County for the five new traffic signals on CSAH 22 (West Circle
Drive).
Councilmembers Evans moved, Marcoux seconded, to adopt Resolution No. 225-
98 entering into an agreement with Olmsted County for engineering services,
installation and maintenance for five new traffic signals on CSAH 22 (West Circle
Drive). Ayes (7), Nays (0). Motion carried.
D-1 I No one wished to be heard.
E-1 ICouncilmembers Senjem moved, Stobaugh seconded, to discontinue the City's fire
alarm monitoring service, effective December 31, 1998. Discussion.
Councilmember Senjem asked about the two positions associated with the alarm
system; i.e., alarm superintendent and assistant alarm superintendent. He
suggested that these two positions be discontinued as of December 31, 1998.
Councilmember Senjem amended, Stobaugh seconded, the motion to include the
dissolution of the alarm superintendent and assistant alarm superintendent
positions effective December 31, 1998. Ayes (7), Nays (0). Motion carried.
E-2 Councilmembers Evans moved, Stobaugh seconded, to instruct the City Attorney to
prepare the required ordinance extending the interim ordinance pertaining to mining
activities until August 18, 1998. Ayes (7), Nays (0). Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
5236 Regula, umedMeeting No. 9_ pFil 20, 1998
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Councilmembers McConnell moved, Marcoux seconded, to adopt Resolution No.
226-98 granting final approval to the issuance of revenue bonds on behalf of the
Mayo Foundation, subject to approval of final documents by the City's bond
counsel. Ayes (7), Nays (0).
Harry Hoffman, Mayo Foundation representative, told the Council that the actual
amount of the bonds would be approximately $230 million but the resolution
authorized up to $280 million.
The affiliation of Councilmembers Hruska, Senjem and Stobaugh with the Mayo
Foundation was noted.
Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 227-
98 authorizing City staff to retain a group insurance consultant in an amount not to
exceed $6000 to assist in bid specifications and analysis of proposals for the group
insurance bid and to authorize the staff to advertise for bids. Ayes (7), Nays (0).
Motion carried.
Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No.
228-98 entering into a contract with Symmes Maini & McKee Associates (SMMA)
in an amount not to exceed 6.85% for basic services for architectural work for the
new Fire Hall. Ayes (7), Nays (0). Motion carried.
Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No.
229-98 authorizing reclassification of Mechanics's Assistant at the Police
Department effective January 1, 1998. Discussion.
Councilmembers asked why the necessary reclassification if there are more cars
that need the basic services; i.e., oil changes, lube, etc. Steve Kvenvold noted that
this person now serves in a more responsible capacity similar to what the
mechanics are performing. Councilmembers also asked that the positions of
various mechanics within the organization be looked at to see if two or three titles
would be more representative of the work performed.
Ayes (5), Nays (2). Motion carried. Councilmembers Hruska and Evans voted nay.
Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No.
230-98 reclassifying the Building Maintenance Worker position at Graham Arena to
Building Maintenance Worker III effective January 1, 1998. Ayes (7), Nays (0).
Motion carried.
Councilmembers Marcoux moved, Senjem seconded, to adopt Resolution No. 231-
98 awarding the bid for Federal Project MN-90-x094 "Downtown Bus Stop
Modifications" to MEC Construction for $76,423.00. Ayes (7) , Nays (0) . Motic
Carrie
Councilmembers Stobaugh moved, Senjem seconded, to approve installation of an
all -way stop sign at the 6 Street and 8t' Avenue S.E. upon completion of the street
reconstruction project. Ayes (7), Nays (0). Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 5237
Regular A iourned Meeting No 9 — April 20. 1998
Agenda
Item
E-10 Councilmembers Evans moved, Marcoux seconded, to adopt Resolution No. 232-
98 authorizing the Public Works Department to conduct a Public Information
Meeting for the purpose of preparing a Traffic Access Management Plan for the
North Broadway/37th Street intersection and report the results of the informational
meeting to the Council on May 4, 1998. Ayes (7), Nays (0). Motion carried.
F-2a An Ordinance rezoning certain property from the I District to the M-1 District and
amending Ordinance No. 2785, known as the Zoning Ordinance and Land
Development Manual of the City of Rochester, Minnesota, was given a first reading.
(North of Valley High Drive, East of West Circle Drive — Badger Trust)
F-2b An Ordinance annexing to the City of Rochester approximately 2.4 acres of land
located in a part of the Northwest Quarter of the Southeast Quarter of Section 18,
Township 106 North, Range 13 West, Olmsted County, Minnesota, was given a first
reading. (South side of Pinewood Road, East side of 26th Avenue S.E. — Richard
and Nancy Zodrow)
F-2c An Ordinance amending and reenacting Subdivision 7 of Section 38.152 of the
Rochester Code of Ordinances, relating to regulation of rental property, was given a
first reading.
F-2d An Ordinance Amending and Reenacting Section 66.104 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 An Ordinance amending and reenacting section 130.06 of the Rochester Code of
Ordinances, relating to the penalty provisions for violations for Chapters 130
through 137, was given a second reading. Councilmembers McConnell moved,
Senjem seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion
carried.
F-3b 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 requested to be given a second reading.
Councilmembers Marcoux 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 Stobaugh moved,
Senjem seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion
carried.
F-3c An Ordinance amending and reenacting Subdivision 4(3) of Section 125A.041 of
the Rochester Code of Ordinances, relating to hours of sales of intoxicating liquor
at McQuillan Park, was given a second reading. Councilmembers Stobaugh
moved, Evans seconded, to adopt the Ordinance as read. Ayes (7), Nays (0).
Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
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.An Ordinance annexing to the City of Rochester a portion of the Northeast Quarter
of Section 20, township 107 North, Range 14 West, Olmsted County, Minnesota,
was given a second reading. Councilmembers Evans moved, Senjem seconded, t
adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (Badger Trust)
An Ordinance annexing to the City of Rochester approximately 10.96 acres of land
located in a part of the Southeast Quarter of the Northwest Quarter and the
Northwest Quarter of Section 32, Township 107 North, Range 14 West, Olmsted
County, Minnesota, was given a second reading. Councilmembers McConnell
moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (7), Nays (0).
Motion carried. (South of 7t' Street N.W., West of 44t' Avenue N.W.)
An Ordinance annexing to the City of Rochester approximately 2.5 acres of land
located in a part of the Southeast Quarter of the Northeast Quarter of Section 24,
Township 107 North, Range 14 West, Olmsted County, Minnesota, was given a
second reading. Councilmembers Hruska moved, Evans seconded, to adopt the
Ordinance as read. Ayes (7), Nays (0). Motion carried. (North of East Circle Drive
and West of 16t' Avenue N.E.)
An Ordinance annexing to the City of Rochester approximately 56.97 acres of land
located in a part of the Northwest Quarter of the Northwest Quarter of Section 29,
the Southwest Quarter of the Southwest Quarter of Section 20, and the South Half
of the Southwest Quarter of Section 20, township 107 North, Range 13 West,
Olmsted County, Minnesota, was given a second reading. Councilmembers
Marcoux moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (7),
Nays (0). Motion carried. (North of Viola Road, East of Rochester Century High
School and the Volley Ball Center)
An Ordinance annexing to the City of Rochester approximately 10.05 acres of land
located in a part of the Northwest Quarter of Section 32 and a part of the Southwest
Quarter of Section 29, Township 107 North, Range 14 West, Olmsted County,
Minnesota, was given a second reading. Councilmembers Stobaugh moved,
Evans seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion
carried. (West of 48"' Avenue N.W. and north of 7t' Street N.W. — Western Walls)
Councilmembers McConnell moved, Evans seconded, to adopt Resolution No. 233-
98 entering into an Owner Contract with The Greens of Rochester and S.L.
Contracting for Project No. J-9474 "Watermain to Serve The Greens — Phase III".
Ayes (7), Nays (0). Motion carried.
Councilmembers Hruska moved, Stobaugh seconded, to adopt Resolution.No. 234-
98 entering into an Owner Contract with Jerry Schultz/Randy Reynolds and Elcor
Construction for Project No. J-9430 "Basic Construction in Southern Woods First
and Second Subdivisions". Ayes (7), Nays (0). Motion carried.
Councilmembers McConnell moved, Senjem seconded, to adopt Resolution No.
235-98 entering into an Owner Contract with Arnold Bomgaars and Jech Company
for Project No. J-9445 "Basic Construction in Northern Heights North Townhomes
(Lots 1-12, Block 1; Lots 1-6, Block 2)". Ayes (7), Nays (0). Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 9 — April 20 1998 5"2 3 9
Having no further business, Councilmembers Stobaugh moved, McConnell
seconded, to adjourn the meeting. Ayes (7), Nays (0). Motion carried.
Ju y err, City Clerk