HomeMy WebLinkAbout05-04-1998RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
- CITY OF ROCHESTER, MINNESOTA
.5240 Reguiar Meeting No 10 —May 4, 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, Marcia Marcoux,
Jean McConnell, David Senjem and Walter Stobaugh. Absent: None.
The Council recognized students from the Mayo High School.
A Continued 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.
Councilmembers Hruska moved, Marcoux seconded, to continue the hearing to
May 18, 1998. Ayes (7), Nays (0). Motion carried.
A Hearing on Sidewalk Replacement Project No. 3-1998 (J-9489) ,11th Avenue N.E.
from East Center to 14th Street N.E. and the Replacement of Various Concrete
Curb and Gutter Sections to Correct Drainage and Safety Problems".
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers McConnell moved, Evans seconded, to adopt Resolution No.
235A-98 ordering Sidewalk Replacement Project No. 3-1998 (J-9489) 11th Avenue
N.E. from East Center to 14th Street N.E. and the Replacement of Various Concrete
Curb and Gutter Sections to Correct Drainage and Safety Problems" to be made
and ordering bids to be received by 11:00 A.M., May 27, 1998. Ayes (7), Nays (0).
Motion carried.
A Hearing on Sidewalk Replacement Project No. 2-1998 (J-9488) "161h Street to
20th Street S.E.; and 3`d Avenue to 11th Avenue S.E."
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers Stobaugh moved, Hruska seconded, to adopt Resolution No. 236-
98 ordering Sidewalk Replacement Project No. 2-1998 (J-9488) ,,16th Street to 20th
Street S.E.; and Td Avenue to 11th Avenue S.E." to be made and ordering bids to
be received by 11:00 A.M., May 27, 1998. Ayes (7), Nays (0). Motion carried.
B-4 A Hearing on Sidewalk Replacement Project No. 1-1998 (J-9487) "13th Street to
16th Street S.E.; 3`d Avenue to 11th Avenue S.E. and 11th Avenue S.E. (West side)
from 12th Street to 13th Street S.E.".
A letter had been received from Bonnie Schaefer, 1331 8th Avenue S.E. noting her
disapproval of the project and the assessment thereof. Councilmember Hruska
stated that he would visit and try to work a solution with Ms. Schaefer. Terry
Adkins, City Attorney, stated that the parcel belonging to Ms. Schaefer should not
be excluded from the project but rather dealt with at the time of the assessment
hearing.
Having no one wishing to be heard, President Hunziker closed the hearing.
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RECORD OF 'OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 5241
Regular Meeting No 10 — May 4, 1998
Councilmembers Hruska moved, Senjem seconded, to adopt Resolution No. 237-
98 ordering Sidewalk Replacement Project No. 1-1998 (J-9487) "131h Street to 16th
Street S.E.; 3`d Avenue to 11th Avenue S.E. and 11th Avenue S.E. (West side) from
12th Street to 13th Street S.E." to be made and ordering bids to be received by 11:00
A.M., May 27, 1998. Ayes (7), Nays (0). Motion carried.
B-5 A Hearing to Assess Outstanding Balances for Weed Eradication, Tree Removal,
Debris Removal, Impound Towing, Secure Property and Snow Removal.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers Evans moved, Marcoux seconded, to adopt Resolution No. 238-
98 assessing properties for Outstanding Balances for Weed Eradication, Tree
Removal, Debris Removal, Impound Towing, Secure Property and Snow Removal.
Ayes (7), Nays (0). Motion carried.
B-6 A Hearing on Vacation Petition #98-5 by the 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.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
239-98 approving Vacation Petition #98-5 by the Tyler Jay Company with one
condition. Discussion.
Terry Adkins, City Attorney, asked whether the condition requiring dedication of a
new easement had already been satisfied. Mike Nigbur, Public Works, said it had
and the condition was no longer needed.
Councilmembers Senjem moved, Stobaugh seconded, to amend the original
motion to approve Vacation Petition #98-5 by the Tyler Jay Company with no
conditions. Ayes (7), Nays (0). Motion carried.
B-7 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.
Wishing to be heard was Lisa McGillivray, McGhie & Betts, representing the
applicant. Ms. McGillivray noted that there are two plans for the GDP. Plan A
encompasses the area as one. Plan B does not include the property presently
owned by Mrs. Sehl on the north. Third party negotiations are currently under way
to purchase the property. Ms. McGillivray asked that the Council approve both
Plans A & B in the event that the sale does not go through.
Wishing to be heard was Gertrude.Sehl, owner of the property to the north. Mrs.
Sehl stated that she is in agreement with Plan A and Plan B as long as the property
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
5242 CITY OF ROCHESTER, MINNESOTA
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is developed as planned, she was in agreement to the development. She noted
that she wants access to her other property and assurance that the drainage will
not go onto the property.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Evans moved, Marcoux seconded, to approve General
Development Plan #128 by B & C Properties Ltd. For Plans A and B with seven
conditions noting that conditions #1 and #3 have been revised and instruct the City
Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7),
Nays (0). Motion carried.
A Hearing on Final Plat #98-9. to be known as Diamond Ridge Twelve Subdivision.
Wishing to be heard was Robert DeWitz, 604 111h Avenue N.W., developer of the
Plat. Mr. DeWitz noted that condition #2 required a retention pond. He said that
the State has changed that condition to require a wet detention pond.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Mike Nigbur, Public Works Department, confirmed that the pond is now a basin and
that the details for the new requirements would be worked out with Mr. DeWitz.
Councilmembers McConnell moved, Evans seconded, to adopt Resolution No. 240-
98 approving on Final Plat #98-9 to be known as Diamond Ridge Twelve
Subdivision with two conditions. Ayes (7), Nays (0). Motion carried.
A Hearing on Final Plat #98-13 to be known as Waterford Fourth Subdivision CIC
#153, Tiffany Cove.
Wishing to be heard was Don Borcherding, Yaggy-Colby, 717 Third Avenue S.E.,
representing the applicant. Mr. Borcherding noted that they would like to continue
the hearing to the May 18, 1998 council meeting.
No one further wished to be heard at this time.
Councilmembers Marcoux moved, Senjem seconded, to continue the hearing on
Final Plat #98-13 to be known as Waterford Fourth Subdivision CIC #153, Tiffany
Cove to May 18, 1998. Ayes (7), Nays (0). Motion carried.
B-10 I A Hearing on Final Plat #98-14 to be known as South Zumbro Plaza Second
Subdivision.
No one wished to be heard at this time. The applicant requested the hearing be
continued to May 18, 1998.
Councilmembers McConnell moved, Stobaugh seconded, to continue the hearing
to the May 18, 1998, council meeting. Ayes (7), Nays (0). Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No 10 — May 4, 19.9 52 4'S
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B-11 I A Hearing on Final Plat #97-25 to be known as Manorwood Lakes Third.
Wishing to be heard was Robert DeWitt, 604 11th Avenue N.W. Mr. DeWitz noted
that the four conditions as recommended were acceptable to him. He also noted
that three additional conditions were added; those being:
Final grading plan must be provided when grading is completed.
2. Drainage easement from the platted cul-de-sac to the sedimentation basin.
3. Sedimentation basin must be platted with the lots and road for Lake Street.
Mr. DeWitz indicated that he was also in approval with these three conditions. He
stated, however, that he was not in approval with the value of the parkland
dedication. He noted that he had spent many thousands of dollars in improvements
to the area.
Mike Nigbur, Public Works Department, stated that the parkland value was
determined by comparable values on surrounding lands. Mr. Nigbur stated that the
value of the parkland credit is not related to or calculated from the developer's cost
of developing the land but on market value analysis.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 241-98
approving Final Plat #97-25 to be known as Manorwood Lakes Third with seven
conditions. Ayes (7), Nays (0). Motion carried.
B-12 I A Hearing on Type III, Phase 11, Land Subdivision Permit #98-10 by Chuck
Forbrook.
Wishing to be heard was Lisa McGillivray, McGhie & Betts, representing the
applicant. She noted the seven conditions place on the project and stated that
condition #3 on the renaming of 45t" Avenue N.W. should be removed, as they
have no control in the matter.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Marcoux moved, McConnell seconded, to approve Type III,
Phase II, Land Subdivision Permit #98-10 by Chuck Forbrook with six conditions,
and instruct the City Attorney to prepare Findings of Fact, Conclusions of Law, and
Order. Ayes (7), Nays (0). Motion carried.
13113 A Hearing on Type III, Phase 11, Land Subdivision Permit #96-28 to be known as
Tyrol Hills Subdivision located along the east side of TH 63, south of Machinery Hill
Subdivision, north of Woodbine Road N.W.
Wishing to be heard was Don Borcherding, Yaggy-Colby, 717 Third Avenue S.E.,
representing the applicant. Mr. Borcherding noted that they were in agreement with
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
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all the conditions; he asked that conditions #6, #8, and #9 be dropped as they were
already accomplished.
Wishing to be heard was Jack Roeder, 55 Woodbine Street.S.E. Mr. Roeder noted
that his property borders on the east of the land in question with the proposed
private stormwater retention pond next to his property. He was concerned that the
neighborhood association is to maintain the private stormwater pond and also
questioned drainage problems onto his land should the pond become full.
Mike Nigbur, Public Works Department, noted that a drainage plan must be
submitted before any grading can be done. The rate of drainage going through the
Roeder property at the present should not increase.
Mitzi Baker, Planning Department, also noted that at the time of the final review
process the Planning Department will request a long-term maintenance agreement
for the care of the pond by the neighborhood association. If it is not maintained, the
City will intervene and charge back the association for the cost of maintenance
performed by the City.
Having no one further wishing to be heard, President Hunziker closed the hearing
President Hunziker also noted a letter from Mack Trucks concerned about the
improvement of the frontage road. They are unwilling to share in the costs for the
road reconstruction. Mike Nigbur noted that the frontage road will need to be
extended and Mack Trucks will have to pay for their pro -rated share along their
frontage. There was also a question about buffers between the residential area
and Mack Trucks and the problem that the outside loudspeakers in the Mack Truck
outer area might cause.
Councilmembers Senjem moved, Stobaugh seconded, to approve Type III, Phase
II, Land Subdivision Permit #96-28 to be known as Tyrol Hills Subdivision with six
conditions and instruct the City Attorney to prepare Findings of Fact, Conclusions of
Law and Order. Ayes (7), Nays (0). Motion carried.
A Hearing on Type III, Phase II Zoning District Amendment #98-2 by IBM
Corporation to rezone land from R-1 to M-1 on property located south of 41st Street
N.W., east of the Douglas Trail.
Wishing to be heard was Norm Nelson, 5618 16'h Avenue N.W. Mr. Nelson was
concerned about the zoning classification at the time the land is annexed to the
City. It was noted that land is now annexed and comes in with an "I" (interim)
status until the zoning is determined.
Having no one further wishing to be heard, President Hunziker closed the hearing
Councilmembers Marcoux moved, Evans seconded, to approve Type III, Phase II
Zoning District Amendment #98-2 by IBM Corporation and instruct the City Attorney
to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No_ 10 —May 4, 1998 5245
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B-15 A Hearing on Vacation Petition #98-6 by All Pointe Development to vacate the
westerly most 10' utility easement on the east side of Lot 1, Bock 1, South Pointe
Third Subdivision.
Wishing to be heard was Louis Yockey, McGhie & Betts, representing the applicant.
Mr. Yockey was available for questions.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Hruska moved, Stobaugh seconded, to adopt Resolution No. 242-
98 approving Vacation Petition #98-6 by All Pointe Development. Ayes (7), Nays
(0). Motion carried.
B-16 A Hearing on Vacation Petition #98-4 by Hy-Vee, Inc to vacate a portion of 121n
Street S.W. north of Lots 1 and 17, Block 4, Graham Addition and a portion of 3`d
Avenue S.W. east of Lot 17, Block 4, Graham Addition.
No one wished to be heard at this time. The applicants requested the hearing be
continued to May 18, 1998,
Councilmembers Evans moved, Stobaugh seconded, to continue the hearing to the
May 18, 1998 meeting. Ayes (7), Nays (0). Motion carried.
B-17 A Hearing on Annexation by Ordinance Petition #98-8 by the Olmsted County
Historical Society to annex land located in a part of the NW Y4, Section 4, Rochester
Township.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers Evans moved, Stobaugh seconded, to approve Annexation by
Ordinance Petition #98-8 by the Olmsted County Historical Society and instruct the
City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0).
Motion carried.
B-18 I A Hearing on Final Plat #96-26 to be known as Northview Subdivision.
This item had been previously tabled.
Councilmembers Stobaugh moved, Marcoux seconded, to remove Final Plat #96-
26 from the table. Ayes (7), Nays (0). Motion carried.
Wishing to be heard was Don Borcherding, Yaggy-Colby, 717 Third Avenue S.E.
Mr. Borcherding noted that the storm water management and grading issues have
been resolved. A revised grading plan outlining a drainage area rather than a pond
has been prepared.
Mike Nigbur, Public Works Department, noted that condition #1 providing for the
care and maintenance of the retention pond can be eliminated. He asked that three
additional conditions be added:
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Dedicate drainage easement consistent with the changes for providing a
drainage way for the development.
2. Developer must enter into a storm water management agreement.
3. Final grading plan must be provided and approved prior to recording of the
Final Plat.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 243-
98 approving Final Plat #96-26 to be known as Northview Subdivision with ten
,conditions. Ayes (7), Nays (0). Motion carried.
Councilmembers McConnell moved, Evans seconded, to approve the following
consent agenda items:
Approval of the minutes of the April 20, 1998 meeting.
Adopt Resolution No. 244-98 referring the petition for the extension of sewer and
watermain to serve the Sanborn property in Section 22, Rochester Township to the
Public Works Department for a feasibility study.
Adopt Resolution No. 245-98 approving a revocable permit for a tunnel subway
encroachment on the City right-of-way requested by the Mayo Foundation for the
east side of 3`d Avenue S.W. between 2"d and 1st Streets S.W. and on the west side
of 2"d Avenue S.W. between Center Street and 1st Street S.W.
The affiliation of Councilmembers Hruska, Senjem and Stobaugh with the Mayo
Foundation was noted.
Adopt Resolution No. 246-98 award the bid to Road Constructors for Federal AIT
#98-1-3-27-0084-98, State Project #5501-105, State Agreement #77215 (J-6938)
"Air Cargo Ramp, Taxiway, Airfield Lighting and Roadway at the Rochester
International Airport" in the amount of $2,640,064.83.
Approve the following licenses and miscellaneous activities:
Heating Contractor
Wes's Plumbing & Heating, Bemidji
Master Installer
Edward L. Seitz, Bemidji
House Moving
Lee West, Lewiston — House from 1558 111h Avenue N.W. to Lewiston —
May 15, 1998-05-06
Garland Livingood, Waterville — House from 1730 16th Avenue N.W. to
Waterville — May 5, 1998
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No_ 10 —May 4. 1998 5247
Sound Amplification Permit
Rochester Pentecostal Church — Bear Creek Park — May 17, 1998 and May
24, 1998 — (waiver 8:00 P.M. time restriction)
Mt. Zion Christian Center — Mayo Civic Center Patios — May 29, 1998 and
July 31, 1998 (waive 8:00 P.M. time period)
Gay Lesbian Community Services — Central Park — July 18, 1998-05-06
Liam O'Hara for WeBee JiveFest — Eastwood Park — May 9, 1998 (prior
approvals from McConnell, Evans, Hruska and Marcoux. Wave 8:00 P.M. time
restriction)
Shenanigan's, Inc. — 8 South Broadway — June 20 — June 28, 1998 (waiver
of 8:00 P.M. time restriction)
Miscellaneous Street Use
K.C. Reed — Law Enforcement Torch Run to benefit Special Olympics —
May 13, 1998
Med City Marathon Run — benefit to Special Olympics and Ironwood Springs
May 24, 1998
C-6 I Approve Accounts Payable in the amount of $1,910,314.05.
C-7 IApprove the receipt and filing of the quarterly investment reports for the City of
Rochester.
C-8 I See at end of C items.
C-9 j Approve the appointment of Don Flott to the Housing Board of Appeals to fill the
vacancy of Mark Matuga and running to April 2000.
C-10 I Appoint the Director of the Mayo Civic Center to represent the City of Rochester on
the Advisory Committee on Public Convention and Civic Centers.
C-11 I Appoint Earl C. Robinson to the position of Firefighter in the Rochester fire
Department.
C-12 Appoint Michon M. Giffee to the position of Firefighter in the Rochester Fire
Department. Councilmember Senjem noted that the appointment constitutes the
second female firefighter in the department.
C-13 1 See at end of C items.
C-14 I See at end of C items.
C-15 Adopt Resolution No. 246A-98 entering into a professional services agreement with
GGG Engineering Surveying and Planning for Project No. 6310-3-98 (J-9482)
"Watermain Extension in 10th Avenue S.W. in the Airport Industrial Park
Subdivision".
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C-16 Adopt Resolution No. 247-98 authorizing the City Clerk to advertise for bids on May
26, 1998 for Project No. J-1989 "Pre -Demolition Asbestos Abatement at the Former
County Health Department Building".
C-17 Adopt Resolution No. 248-98 awarding the contract to Road Constructors in the
amount of $414,636.96 for PV
ect No. 6303-3-95 (J-9328) "Reconstruct 6t' Avenue
S.W. from 2"d Street S.W. to Street S.W.".
C-18 Adopt Resolution No. 249-98 authorizing the Mayor and City Clerk to execute a
license agreement with the DNR for the installation of a storm sewer pipe across a
portion of the Douglas Trail on the south side of 55t' Street N.W.
C-19 Adopt Resolution No. 250-98 establishing the project assessment rate for
watermain at $75.00 per centerline foot for Project No. 9609 (J-9379) "Trunk
Watermain Connection for Northern Heights East Eleventh Subdivision to
Additional High Level Water Tower for the Northern Heights Area".
C-20 Adopt Resolution No. 251-98 establishing the project assessment rate for Water
Tower at $1,021.46 per acre for Project No. 9308 (J-9288) "Construction of a High
Level Water Tower for the Northern Heights Area".
C-21 Adopt Resolution No. 252-98 establishing the Sanitary Sewer Connection Charge
(Payne Property) at $46.00 per centerline foot and the Trunkline Sanitary Sewer at
$1,403.17 per acre for Project No. 9200-0-92 (J-9218) "Construct Silver Creek
Trunkline Sanitary Sewer Along the North Side of Railroad From Existing S.E.
Trunk to East Circle Drive then Construct East Circle Drive Trunk Sewer North
Along East Circle Drive to Viola Road N.E.".
C-22 Adopt Resolution No. 253-98 setting a hearing for May 18, 1998 for Expansion of
'Residential Permit Parking Zone #5 "Cascade Manor Neighborhood".
C-23 Adopt Resolution No. 254-98 awarding the bid for Project No. 9809 (J-4893)
"Waterproofing Curbs and Sidewalks on 3rd Avenue and 4d' Street S.E. Bridges" to
Brent Anderson Associates for $26,400.00.
C-24 Adopt Resolution No. 255-98 awarding the contract for Project No. J-4961 "1998
Power Washing the Decks of the City Parking Ramps" to Gator Maintenance for
$22,176.66.
C-25 Adopt Resolution No. 256-98 authorizing the City Clerk to advertise for bids for a
6000-gallon tanker trailer for the Water Reclamation Plant.
C-26 Adopt Resolution No. 257-98 awarding the contact for Underground Storage Tank
Removal at the Water Reclamation Plan to J & D Enterprises of Duluth in the
amount of $9,995.00.
C-27 Adopt Resolution No. 258-98 awarding a two-year contract for Computer
Maintenance at the Water Reclamation Plant to Upgrades in the amount of
$24,000.00. Ayes (7), Nays (0). Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 10 — May 4 1998 5 2 4 9
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C-8 Councilmember Hruska asked where the remaining monies go into; he was told the
General Fund Reserve.
Councilmembers Hruska moved, Stobaugh seconded, to adopt Resolution No. 259-
98 authorizing transfer of 1997 Contingency funds in the amount of $265,516.75.
Ayes (7), Nays (0). Motion carried.
C-13 Councilmember Evans asked if both new owners and those who have owned land
for some time will be assessed the same rate for work performed in extending the
frontage road and right-in/right-out entrance to TH14. It was noted that all owners
would be assessed at the same rate.
Councilmembers Evans moved, Marcoux seconded, to adopt Resolution No. 260-
98 authorizing the Mayor and City Clerk to sign the Supplemental Agreement with
MnDot for TH14 West at 7th Street N.W. work. Ayes (7), Nays (0). Motion carried.
C-14 Councilmember Evans thanked the Public Works Department for initiating this
project as quickly as they did.
Councilmembers Evans moved, Stobaugh seconded, to Adopt Resolutions No.
261-98, 262-98, 263-98 and 264-98 ordering and receiving the feasibility report,
ordering a public hearing to be held on June 1, 1998, ordering preparation of the
assessment roll and ordering an assessment hearing on June 1, 1998 for Project
No. 5815-98 (J-9493) "Curb, Gutter and Storm Sewer Improvements along 21st
Street and 22"d Street N.E.". Ayes (7), Nays (0). Motion carried.
D-1a Wishing to be heard was Norm Nelson, 5618 26th Avenue N.W. Mr. Nelson asked
that when there is a proposed amendment to an ordinance, i.e., the subdivision
regulations, how does the notice get to the affected property owners, in this case
77,000. It should also be noted where things are available for the public to look at
or obtain copies.
D-lb Wishing to be heard was Kel Krosschell, 1334 Fourth Avenue S.E., #3. Mr.
Krosschell stated his objection to the sales tax question being put on a special
election in June and noting that the newspaper stated that if it did not pass the first
time, it gave the City an opportunity to have it placed and passed on the September
or November ballot.
D-1c Wishing to be heard was Jay Weischelbaum, 1412 14th Street S.E.. Mr.
Weischelbaum stated that if the Council has intentions to submit the sales tax
referendum question to the voters until it passes, then no matter what the outcome
of the ballot question in June, it should go on the ballot again; i.e., if it passes in
June, it should be brought to the voters a second time to be voted down.
E-1 Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No.
265-98 authorizing the Mayor and City Clerk to execute documents needed to
implement the purchase of the property known as Mr. Muffler, 330 Third Avenue
S.E., and to appropriate $375,000 from the Future Acquisition Account to fund the
purchase. Discussion.
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Councilmembers Evans and McConnell felt that the property should not be
purchased at this time without a definite use in mind. They felt that the property
should continue to remain on the tax rolls.
Steve Kvenvold, City Administrator, noted that the Mr. Muffler property will remain
on the tax roles if, leased in the short term and the Tropic Bowl property would be
sold and the proceeds used to fund the purchase of the Mr. Muffler site. He stated
that property will be a joint purchase between the City and County for future
building and/or ramp use.
Ayes (5), Nays (2). Motion carried. Councilmembers Evans and McConnell voted
nay.
Councilmembers Marcoux moved, Hruska seconded, to authorize the transfer of
$500 from the Contingency Account to the Community Youth Mentorship Program
for hosting a reception on May 14, 1998 with Barbara Bush. Ayes (7), Nays (0).
Motion carried.
Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No.
266-98 establishing a special election on June 23, 1998 for the Sales Tax
Referendum and approve the Referendum language. Discussion.
Councilmembers Evans, McConnell and Senjem stated they would rather hold the
election with the general election on November 3, 1998. They felt that the backlash
would be less and would be a greater voter turnout with less chance of voting the
referendum down.
Staff noted that the Sales Tax Committee, appointed by the Council, has
recommended the June 23rd date. They noted that the construction schedule could
greatly affect the start of the UCR Sports Complex and Civic Center project. It was
also noted that waiting for the November election might guarantee that the ballot
question would not get the attention that should be afforded it because of the many
other items on the November ballot.
Ayes (4), Nays (3). Motion carried. Councilmembers Evans, McConnell and
Senjem voted nay.
Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 267-
98 approving the Third Amend ment/SupplementaI to the Redevelopment
Assistance Agreement with PEMSTAR, Inc. Ayes (7), Nays (0). Motion carried.
Councilmembers Hruska moved, Stobaugh seconded, to adopt Resolution No. 268-
98 approving the mortgage transfer of $875,000 the PEMSTAR, Inc. project. Ayes
(7), Nays (0). Motion carried.
Councilmembers Hruska moved, Stobaugh seconded, to adopt Resolution No. 269-
98 renewing the Compliance Monitoring Agreement with Multi -Mac for Low Income
Housing Tax Credit projects for 1998. Ayes (7), Nays (0). Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
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Regular Meeting No 10 — May 4, 1998
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E-7 Councilmembers Stobaugh moved, McConnell seconded, to approve the awarding
of the 1998 Low Income Housing Tax Credits to Sunrise Townhomes. Ayes (7),
Nays (0). Motion carried.
E-8 ICouncilmembers Evans moved, Marcoux seconded, to adopt the following Public
Utility resolutions:
Resolution No. 271-98 approving contracts for the cleaning of water tower tanks in
various subdivisions with TMI Coatings and Odland Protective Coatings, and
Resolution No. 272-98 with L.D. McFarland Company, Ltd., for Western Red Cedar
Wood poles.
Ayes (7), Nays (0). Motion carried.
E-9 Councilmembers Evans moved, Stobaugh seconded, to accept the proposed
Subdivision Regulation Ordinance and refer it to the Planning and Zoning
Commission for review, consideration and recommendation following a public
hearing. Ayes (7), Nays (0). Motion carried.
E-10 Councilmembers Evans moved, Stobaugh seconded, to approve the issuance of an
On -Sale Intoxicating and Sunday Liquor License for the Outback/Midwest — II,
Limited Partnership DBA Outback Steakhouse pending fees, insurance certificates,
departmental approvals and issuance of a Certificate of Occupancy. Ayes (7),
Nays (0). Motion carried.
E-11 Councilmembers Evans moved, Marcoux seconded, to adopt Resolution No. 273A-
98 awarding the contract for two pumpers and one 85-foot aerial platform truck for
the Rochester Fire Department to Pierce Manufacturing in the amount of
$1,226,304.32. Discussion.
Councilmember Senjem noted several letters from other potential bidders who felt
that the specifications were written for one specific company and that no other
company had a chance on submission of a bid because of the rigid specifications.
Councilmember McConnell felt that in the future less stringent specifications should
be written to allow greater participation in the bidding process.
Ayes (5), Nays (1), Abstain (1). Motion carried. Councilmember Senjem voted nay.
Councilmember McConnell abstained.
E-12 Councilmembers Senjem moved, Stobaugh seconded, to approve the creation of a
Rochester Host Team with a budget of approximately 122,000 transferred to the
Mayor's Contingency Account. Ayes (7), Nays (0). Motion carried.
E-13 Fred Wagner, Human Resources Director, explained the present smoking policy of
the City for smoking in city vehicles; i.e., if more than one person is present and
someone wants to smoke, it has to be with the consent of the other persons in the
vehicle. He noted that there are cities that have a definite no smoking policy in any
vehicle at any time. He felt that the present system works well.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
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Reg!!lar Meeting No 10 —May 4, 1998
Councilmembers Senjem, Hruska and Stobaugh felt that no smoking should be
allowed as Rochester is considered a health capital and also for city employee
insurance purposes. Councilmember Evans felt that someone alone in a vehicle,
particularly at a very late hour, should not be refrained from smoking. He asked
how it would be policed if it was total no smoking.
Councilmembers Hruska moved, Stobaugh seconded, to table the workplace
smoking policy, looking at a smoke -free facility, and asking Fred Wagner to take the
issue to the city employees for their input. Ayes (6), Nays (1). Motion carried.
Councilmember Evans voted nay.
Councilmembers Evans moved, McConnell seconded, to adopt Resolution No. 273-
98 approving the Draft Environmental Impact Statement (EIS) for the Mayo
Foundation Gonda Building and approve the distribution of the final EIS. Ayes (7),
Nays (0). Motion carried.
The affiliation of Councilmembers Hruska, Senjem and Stobaugh with the Mayo
Foundation was noted.
Councilmembers Marcoux moved, McConnell seconded, to adopt Resolution No.
274-98 approving the traffic management plan for properties located in the
southeast quadrant of the intersection subject to the MnDot signal location
recommendation. Discussion.
Councilmembers were in agreement that they wanted Exhibit A as the
recommended traffic management plan with the installation of traffic signals at
Rocky Creek Drive.
Lisa McGillivray, McGhie & Betts, disagreed that, Exhibit A would be the best
recommendation.
Councilmember Senjem moved, Evans seconded, to amend the motion to send a
staff recommendation to MnDot for Exhibit A for overall interest for managing traffic
in the area. Ayes (7), Nays (0). Motion carried.
The original motion was voted upon. Ayes (7), Nays (0). Motion carried.
Councilmembers McConnell moved, Evans seconded, to adopt Resolution No. 275-
98 approving the Maplewood Square Traffic Impact Report and Addendum with two
conditions. Ayes (7), Nays (0). Motion carried.
Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 276-
98 executing a storm water management agreement with the owner of the Park
Shore Place project in an amount of $76,050 to develop the ponding necessary to
meet the stormwater needs of the area, and authorize staff to perform a land trade
with the owner to allow a drainage ditch to be constructed as a part of this
agreement. Ayes (7), Nays (0). Motion carried.
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RECORD .OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
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RPattlar MPafina No In —May 4, 1998
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E-18 Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 277-
98 approving the demonstration bus route to Northwest (IBM, Mayo Family Med.,
Lincolnshire, North Park and Bandel Hills). Ayes (7), Nays (0). Motion carried.
E-19 I Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
278-98 authorizing the City Clerk to advertise for bids for Project No. 6255-4-96
(J-2266) "Reconstruction and Widening of 551h Street N.W. from Bandel Road to
West River Road". Ayes (7), Nays (0). Motion carried.
E-20 Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No.
279-98 executing an agreement with the owner of Northview subdivision for Storm
Water Management in the estimated amount of $132,000.00. Ayes (7), Nays (0).
Motion carried.
F-2a An Ordinance annexing to the City of Rochester approximately 46.25 acres of land
located in a part of the Northwest Quarter of Section 9 and the Southwest Quarter
of Section 4, Township 106 North, Range 14 West, Olmsted County, Minnesota,
was given a first reading. (Olmsted County Historical Society)
F-2b 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.
(South of 41st Street N.W., East of the Douglas Trail)
F-2c An Ordinance amending section 17.01 of the Rochester Code of Ordinances,
relating to Personnel of the Fire Department, was given a first reading.
F-2d An Ordinance amending Section 134.21 of the Rochester Code of Ordinances,
Relating to the Placing of Vehicles for Sale on a Street or Alley was given a first
reading. Councilmembers Hruska moved, Stobaugh seconded, to deny the
Ordinance. Ayes (6), Nays (1). Motion carried. Councilmember Senjem voted
nay.
F-3a Councilmembers Marcoux moved, Stobaugh seconded, to table an Ordinance
creating Chapter 91 B of the Rochester Code of Ordinances, relating to the
installation and maintenance of a Fiber Optic Communications Network until after
the receipt of the Stanley Report. Ayes (5), Nays (2). Motion carried.
Councilmembers Evans and McConnell voted nay.
F-3b 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 second
reading. Councilmembers Senjem moved, McConnell seconded, to adopt the
Ordinance as read. Ayes (7), Nays (0). Motion carried.
F-3c An Ordinance amending and reenacting Subsection 1 of 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
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F-4d
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.
An Ordinance annexing to the City of Rochester approximately 6.06 acres of land
located in a part of the southeast quarter of the northeast quarter and the northeast
quarter of the southeast quarter of Section 30, Township 107 North, Range 13
West, Olmsted County, Minnesota, was given a second reading. Councilmembers
Marcoux moved, Senjem seconded, to adopt the Ordinance as read. Ayes (7),
Nays (0). Motion carried. (South of Viola Road, East of East Circle Drive)
An Ordinance amending and reenacting Subdivision 1 of Section 106A.10 of the
Rochester Code of Ordinances, relating to barking dogs, was given a second
reading. Councilmembers Stobaugh moved, Evans seconded, to adopt the
Ordinance as read. Ayes (7), Nays (0). Motion carried.
At the request of the applicant's consultant, Councilmembers Senjem moved,
Evans seconded, to table the City -Owner Agreement between the City of
Rochester, Waterford Development Corporation and Elcor Construction for Project
No. J-9485 "Watermain to Serve Waterford Subdivision, Phase IV". Ayes (7), Nays
(0). Motion carried.
Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 280-
98 entering into a City -Owner Agreement between the City of Rochester and
Western Walls, Incorporated for Project No. J-9481 "Basic Construction in
Manorwood Lakes Third Subdivision". Ayes (7), Nays (0). Motion carried.
Councilmembers Hruska moved, Evans seconded, to adopt Resolution No. 281-98
entering into a City -Owner Agreement between the City of Rochester and Western
Walls, Incorporated for Project No. J-9484 "Basic Construction in Diamond Ridge
Twelfth Subdivision". Ayes (7), Nays (0). Motion carried.
Councilmembers Stobaugh moved, Senjem seconded, to adopt Resolution No.
282-98 entering into a City -Owner Agreement between the City of Rochester,
Golfview Development and S.L. Contracting for Project No. J-9483 "Basic
Construction in Golfview Estates Fourth Subdivision". Ayes (7), Nays (0). Motion
carried.
Having no further business, Councilmembers Evans moved, Stobaugh seconded,
to adjourn the meeting. Ayes (7), Nays (0). Motion carried.
City Clerk
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