HomeMy WebLinkAbout07-06-1998RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 5289
Regular Council Meeting No. 16 — July 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, Walter Stobaugh. Absent: None
B-1 IA Hearing on Final Plat #98-18 to be known as Diamond Ridge Fourteen
Subdivision.
The applicant requested that the matter be continued to the July 20, 1998 meeting
to be heard after the assessment hearing on that date.
No one wished to be heard.
Councilmembers Senjem moved, Stobaugh seconded, to continue the hearing on
Final Plat #98-18 to be known as Diamond Ridge Fourteen Subdivision to the July
20, 1998 meeting. Ayes (7), Nays (0). Motion carried.
B-2 A Hearing on Annexation by Ordinance #98-9 by White Oaks Development
Corporation of Rochester, Inc. to annex land located east of 50th Avenue N.W.,
north of the Douglas Trail.
Wishing to be heard was Bill Tointon, McGhie & Betts, representing White Oaks
Development, and available to answer questions.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers McConnell moved, Stobaugh seconded, to approve Annexation
by Ordinance #98-9 by White Oaks Development Corporation of Rochester, Inc.
and instruct the City Attorney to prepare the required ordinance for adoption. Ayes
(7), Nays (0). Motion carried.
B-3 A Hearing to Consider the Levying of Special Assessments for Project No. 6204-3-
94 (J-9327) "Reconstruct Pavement and Extend Sanitary Sewer Trunkline on 4th
Street S.W. from Broadway to 2"d Avenue S.W."
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers Hruska moved, Senjem seconded, to adopt Resolution No. 379-
98 levying special assessments for Project No. 6204-3-94 (J-9327) "Reconstruct
Pavement and Extend Sanitary Sewer Trunkline on 4th Street S.W. from Broadway
to 2"d Avenue S.W." Ayes (7), Nays (0). Motion carried.
B-4 A Hearing to Consider an Abatement Order for 320-322 South Broadway.
David Goslee, Deputy City Attorney, stated to the Council that this was the first
commercial property to be considered for abatement. He noted that the building
has two owners.
Wishing to be heard was Lyle Felsch, Fire Prevention Director. Mr. Felsch noted
the conditions within the building making it an unsafe structure should a fire break
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
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out and fire fighters respond to the call. He noted that the building is one unit with a
hallway running down the center. He also noted that the rear of the building at 322
South Broadway has collapsed into the basement area. There is currently an open
elevator shaft; bird droppings throughout the building cause a health hazard.
Wishing to be heard was Ron O'Brien, Chief Building Inspector, for the City of
Rochester. Mr. O'Brien noted four major concerns: roof leaking, leak has caused
damage to the first floor area, east wall in the rear of the building has collapsed into
the basement area, and pigeon droppings are a potential health hazard.
Wishing to be heard was Jack Pougiales. Mr. Pougiales and his brother own the
south half of the building. Mr. Pougiales stated that he would like to sell his half of
the building but the owner of the other side, Construction Collaborative, is unwilling
to do anything. He also noted that he and his brother have tried to keep up repairs
on their side of the building. He also stated that if Construction Collaborative came
forward with a plan, they would in all probability do something.
Doug Knott, Downtown Development Director, stated that a correction letter had
been sent to all owners of the building requesting that they reconstruct the rear
wall, reconstruct the roof, replace the stairs, and clean up the pigeon droppings.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers agreed that the building is to be considered hazardous. They
agreed that a plan to renovate should be sent to the City prior to July 31, 1998
listing the work to be accomplished, name of contractor, and completion schedule.
If the owners are to demolish the building, the work must be completed by
September 7, 1998. In the event that neither of these two options happens, the
City will pursue the matter in court.
Councilmembers Stobaugh moved, McConnell seconded, to declare 320-322 South
Broadway a hazardous building and instructed the City Attorney to prepare
Findings of Fact, Conclusions of Law and Order for abatement. Ayes (7), Nays (0).
Motion carried.
B-5 A Hearing on the Wetland Replacement Plan by Frank Kottschade for B&F
Properties located south of 40t' Street S.W. and west of US 63 South.
Wishing to be heard was John Arnold, Dunlap and Seeger Law Office, representing
the applicants, B & F Properties and Frank Kottschade. Mr. Arnold noted that the
Plan proposes a two -to -one replacement of wetlands located on the property. He
noted that MnDot has denied access to the property except for the southeast and
northeast corners. If the access in the southeast corner is denied, the land
becomes land -locked as there are no other alternatives available. In 1968 MnDot
condemned the property necessary for the Highway 63, taking the easterly border
except for an access in the northeast and the southeast corners of the property. He
presented the City Clerk with a copy of the taking of the property as on file in the
County Recorder's Office. Mr. Arnold stated that the Technical Evaluation Panel
objects to the Replacement Plan on the basis that there is no specific project
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RECORD OF OFFICIAL PROCEEDINGS OF'THE COMMON COUNCIL
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Regular Council Meeting No. 16 — July 6, 1998
delineated in the application. However, Mr. Arnold pointed out that no matter what
the project is, there is no alternative access other than those he pointed out.
Wishing to be heard was Jeff Broberg, Vice -President of Environmental Services,
McGhie & Betts. Mr. Broberg stated that the original Wetland Replacement Plan
was submitted in November of 1997 to the City of Rochester and the Corps of
Engineers. A letter was received by John Harford of the Planning Department
raising questions on five points of the application. Mr.Harford noted that a project
design was not submitted. Mr. Broberg stated that the question was immaterial as
the wetland was the issue and not what was going to be built on the site.
Wishing to be heard was Tom Larson, Briggs and Morgan Law Firm, Minneapolis,
formerly of the District Council of the Corps of Engineers dealing with wetland
issues. Mr. Larson stated that he advised Mr. Broberg that they should look to
minimizing or mitigating wetland impacts; you look for reasonable alternatives for
avoiding the impacts. Where there is not recourse to avoid the impacts, case law in
Minnesota basically makes a futility exception to the requirement to address
alternatives.
Wishing to speak again was Jeff Broberg, McGhie & Betts. Mr. Broberg noted that
in April of 1998 the permit for the filing of the wetlands was received from the Corps
of Engineers. The applicants continued to reply to the issues raised by Mr. Harford.
Mr Broberg handed out the wetland replacement plan showing the requirements
and the answers that they had provided. He noted the first element in determining
whether the sequence and alternative analysis was done was to see if the project
purpose can be accomplished using another alternative, the second is to review the
general alternative of suitable sites, and the third whether reasonable modification
of size, scope, configuration or density would avoid impacts to the wetlands. He
stated that there is no other alternative other than to fill and gain access to the
property.
Wishing to speak again was John Arnold, Dunlap and Seeger. He noted that under
the Minnesota Data Privacy Act they asked for the record from the Technical
Evaluation Panel (TEP) in regard to the Plan. He submitted a copy to the City of
Rochester via the City Clerk.
Councilmember Marcoux asked that if MnDot has to give final approval in the
future, maybe the issue is a moot point. The Official Street Map showed narrowing
the wetlands versus cutting it off with a driveway; is the impact the same. She also
asked if there was a way to build a driveway over the wetland if MnDot were to
approve the access to the highway and still allow water to run under and into the
wetlands.
Wishing to be heard was Mary Kells, Minnesota Board of Soil and Water
Resources, Rochester Office. Ms. Kells stated that the questions raised by
Councilmember Marcoux were what the TEP was trying to determine and could not
do so without knowing the usage of the property. There were no design
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
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5292 Regular Council Meeting No 16 — July 6, 1998
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specifications for the driveway. On the MnDot official street map, it wasn't clear
exactly where the street is going to go, therefore, hard to determine how much of
the wetland is impacted.
Mike Nigbur, Public Works Department, noted that MnDot will need to approve the
driveway access based on a permit application that will need to be submitted by the
applicants.
Having no one further wishing to be heard, President Hunziker closed the hearing.
President Hunziker then went through the various criteria individually to determine
the approval/disapproval of the Councilmembers to each phase.
8420.0520 Subp 3. C — It was determined that the majority of the Councilmembers
support the Alternative Analysis.
8420.0520 Subp 3 C (2)
(A) — All Councilmembers were in agreement with the applicants' plan.
(B) — Councilmembers Evans, Hruska, McConnell and Senjem were in
agreement with the applicant's position; Councilmembers Marcoux, Stobaugh and
President Hunziker in agreement with the TEP position.
(C) - Councilmembers Evans, Hruska, McConnell and Senjem were in
agreement with the applicant's position; Councilmembers Marcoux, Stobaugh and
President Hunziker in agreement with the TEP position.
(D) — All Councilmembers agreed it was irrelevant.
(E) — Deals with the land use regulations.
Councilmembers Evans moved, Marcoux seconded, to direct the City Attorney to
prepare Findings of Fact, Conclusions of Law, and Order consistent with the
Council on the six points and bring back to the Council for action on July 20, 1998.
C-1-23 Councilmembers Hruska moved, Stobaugh seconded, to approve the following
consent agenda items:
C-1 Approve the minutes of the June 15, June 22, and June 24, 1998 meetings.
C-2 Adopt Resolution No. 380-98 granting a revocable permit to the Mayo Foundation
to locate a securitX camera pole within the right-of-way between the sidewalk and
the curb along 14 Avenue S.W. The affiliation of Councilmembers Hruska,
Senjem and Stobaugh with the Mayo Foundation was noted.
C-3 Approve the following licenses and miscellaneous activities:
Fireworks
Rochester Honkers Baseball Club — Mayo Field — August 7, 1998
Gamblinq — Temporary
Bamber Valley PTA — Raffle on October 3, 1998
Ducks Unlimited — Raffle on August 3, September 18 & 19, 1998
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CITY OF ROCHESTER, MINNESOTA 5293
Regular Council Meeting No. 16 — July 6, 1998
Community Youth Mentorship Program — Raffle on August 8, 1998 (waiver
of 30 day requirement)
Sewer and Drain
Steve Pearson DBA Pearson Backhoe Service, St. Charles
Sidewalk — Cement
Keith Schuck DBA New Haven Concrete, Pine Island
Mike Quandt Construction, Stewartville
Sound Amplification
Downtown Business Association — Blues Festival at Central Park — August
15, 1998 (waiver of time period after 8:00 P.M.)
Jon S. Rousu & Neighborhood Block Party — July 18, 1998
Bill Lynch & Eric Warne — Annual Pig Roast at Essex Park — July 25, 1998
Peace Plaza Days — June 29 through July 19, 1998 (waiver of time period
after 8:00 P.M.) (prior approval from all Councilmembers)
Mark Klebe — 40t' Birthday Party — August 1, 1998 (waiver of time period
after 8:00 P.M.)
American Cancer Society — Relay for Life — July 17, 1998 (waiver of time
period after 8:00 P.M.)
Aviary Restaurant — Malibu Mania — July 24, 1998 (waiver of time period
after 8:00 P.M.)
The Salvation Army — Sunday Evening Worship Services — July 26 &
August 30, 1998
Miscellaneous Activities
Rochester Track Club Race — July 25, 1998
Downtown Business Association — Annual Sidewalk Days — July 23 through
July 26, 1998 (use of Second Street between First Avenue S.W. and Broadway was
denied)
Mayo High School — Annual Homecoming Parade — October 9, 1998
Paws and Claws Humane Society — Fundraiser Walk — September 12, 1998
C-4 I Approve accounts payable in the amount of $2,084,921.10.
C-5 Accept the donation of $25.00 from Walmart/Sam's Club to the Rochester Fire
Department.
C-6 Acknowledge the appointment of Roger Peterson to the position of Chief of Police
effective July 1, 1998 and approved the annual salary of $83,000.
C-7 Acknowledge the appointment of Steven J. Johnson to the position of Deputy Chief
in the Rochester Police Department effective July 1, 1998.
C-8 Reject all bids received for improvements to the trail at Silver Lake Park and
authorized the rebidding of the project.
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Accept $1500 from the Rochester Eagles Club 2228 for the purpose of assisting the
Rochester Police Honor Guard clothe and equip their unit.
Adopt Resolution No. 381-98 authorizing application to the State of Minnesota for a
Safe & sober Communities Grant.
Accept the donation of a PBT and mouthpieces from the State Patrol for the
Rochester Police Department.
Adopt Resolution No. 382-98 approving a revocable permit to the owners of 1064
Plummer Lane S.W. to allow a room addition to cantilever over an existing sanitary
and storm sewer easement.
Adopt Resolution No. 383-98 approving a revocable permit to the owners of 29
Seventh Street N.E. to allow for the existing building to encroach into the right-of-
way for the street and alley abutting the property.
Adopt Resolution No. 384-98 entering into a Utility Connection Agreement with
Lloyd M. Fritsvold and Carol L. Willett, 2536 Oak Hills Drive S.W., requesting the
City Clerk to record the Agreement with the Olmsted County Recorder and levying
the connection charges against the property as "unpaid charges".
Adopt Resolution No. 385-98 awarding the contract for Project No 6110-92 (J-9215)
"Rehabilitate and Reconstruct 18th Avenue N.W. from 22"d Street N.W. to 37th Street
N.W." to Rochester Sand and Gravel in the amount of $454,727.92.
Adopt Resolution No. 386-98 awarding the contract for Project No. 6200-E-97 (J-
9406) "Reconstruct East Center Street from 11th Avenue S.E. to 15th Avenue S.E."
to Road Constructors in the amount of $357,045.05.
Adopt Resolution No. 387-98 authorizing the City Clerk to advertise for bids to be
opened at 11:00 A.M. on August 5, 1998 for Project No. 6207-1-98 (J-9466) "Mill
and Overlay 7th Street N.E. from North Broadway to 11th Avenue N.E."
Adopt Resolution No. 388-98 entering into a Contribution Agreement with Ratzloff-
Bigelow, Quinstar and Mulholland for Project No. 9714 (J-9436) "Extension of
Sanitary Sewer and Watermain in Pinewood Road S.E. from Pinewood School to
Fairview Court S.E."
Adopt Resolution No. 389-98 authorizing the City Clerk to advertise for bids to be
opened at 11:00 A.M. on August 5, 1998 for Project No. 9714 (J-9436) "Extend
Sanitary Sewer and Watermain along Pinewood Road S.E."
Adopt Resolution No. 390-98 authorizing the City Clerk to advertise for bids to be
opened at 11:00 A.M. on August 5, 1998 for Project No. 6310-3-98 (J-9482)
"Extend Watermain Along 10th Avenue S.W. —Airport Industrial Park".
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C-21 Adopt Resolution No. 391-98 authorizing the City Clerk to advertise for bids to be
opened at 11:00 A.M. on August 5, 1998 for Project No. 6204-3-96 (J-9383) "Street
Improvements to 4t' Street S.W. from 23rd Avenue S.W. to a point 400 feet west".
C-22 Adopt Resolution No. 392-98 authorizing the City Clerk to advertise for bids to be
opened at 11:00 A.M. on August 5, 1998 for Project No. 9805 (J-9473) "Extension
of Sanitary Sewer and Watermain to corner of Alberta Drive N. E. and East Circle
Drive N.E.".
C-23 Adopt Resolution No. 393-98 authorizing the City Clerk to advertise for bids to be
opened at 11:00 A.M. on August 5, 1998 for Project No. 5815-98 (J-9493)
"Reconstruct 21' Street N.E. and 22"d Street N.E.".
Ayes (7), Nays (0). Motion carried.
D-1 I No one wished to be heard during the public comment section.
E-1 Councilmembers Stobaugh moved, McConnell seconded, to approve Findings of
Fact, Conclusions of Law, and Order and adopt Resolution No. 394-98 related to
the Land Use Plan Amendment and Zoning District Amendment #98-4 for Frank
Kottschade. Ayes (7), Nays (0). Motion carried.
E-2 Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
395-98 approving Change Order #1 in the amount of $54,422 to Knutson
Construction for the Third Street Parking Ramp. Ayes (7), Nays (0). Motion
carried.
E-3 Councilmembers Evans moved, Marcoux seconded, to adopt Resolution No. 396-
98 entering into a contract with Thein Well Company for the construction of
Municipal Wells 35 and 36 at a cost not to exceed $353,465.00. Ayes (7), Nays (0).
Motion carried.
E-4 Councilmembers McConnell moved, Stobaugh seconded, to amend RCO 85A.19
creating a new sunset date of September 1, 2000 for the City Curfew Ordinance
and instruct the City Attorney to prepare the required ordinance for adoption. Ayes
(7), Nays (0). Motion carried.
E-5 Councilmembers Evans moved, McConnell seconded, to approve the transfer of
the On -Sale Wine and On and Off -Sale Beer licenses for the 63 Club of Rochester,
Minnesota, Incorporated, to Scott DePoppe. Ayes (7), Nays (0). Motion carried.
E-6 Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
397-98 executing the First Supplemental Indenture of Trust providing for
Defeasance of Series 1994 Health Care facilities Revenue Bonds for the Olmsted
Medical Center. Ayes (7), Nays (0). Motion carried.
E-7 Councilmembers Hruska moved, Marcoux seconded, to adopt Resolution No. 398-
98 executing a "Key Account electric service agreement' with the Southern
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Minnesota Municipal Power agency providing utility bill credits for the City on an
aggregated electric demand and usage. Ayes (7), Nays (0). Motion carried.
The Councilmembers authorized the meeting to recess until 3:45 P.M. on Monday,
July 13, 1998 to award the bid for the Employee Group Insurance Administration.
Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No.
399-98 awarding the contract to Chatfield Lumber Company for a steel storage
building for the Rochester Police Department for $30,400.00. Ayes (7), Nays (0).
Motion carried.
Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No.
400-98 entering into an Assessment Agreement with East Ridge Corporation for
Project No. 9406 (J-9492) "Construction of Sanitary Sewer, Watermain, Storm
Sewer, Subdrain and Service Connections in East Ridge Subdivsion — Phase II".
Ayes (7), Nays (0). Motion carried.
Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No.
401-98 awarding the contract for Project No. 9406 (J-9492) "Construction of
Sanitary Sewer, Watermain, Storm Sewer, Subdrain and Service Connections in
East Ridge Subdivsion — Phase II" to Road Constructors for $287,985.70.
Councilmembers Hruska moved, Evans seconded, to adopt Resolution No. 402-98
accepting the feasibility report and initiate the project identified as "Sanitary Sewer
and Watermain for vacant parcels lying between TH 63 and 18t' Avenue S.W." and
authorize staff to develop an agreement for the costs associated with the property.
Ayes (7), Nays (0). Motion carried.
Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No.
403-98 entering into an agreement with McGhie and Betts, Inc. to provide
engineering services for the extension of public utilities to serve vacant parcels
lying between TH 63 and 18t' Avenue S.W. and to authorize staff to acquire the
necessary property rights for the project if the price is within $1,000 of the
appraised value. Ayes (7), Nays (0). Motion carried.
Councilmembers McConnell moved, Hruska seconded, to adopt Resolution No.
404-98 authorizing staff to develop and execute a Storm Water Management
Agreement with the owners of Lot 1, Block 1, Eastgate Commercial Park in an
estimated amount of $3,600. Ayes (7), Nays (0). Motion carried.
Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No.
405-98 accepting the voluntary participation and the required check for the
participation in the Storm Water Management Plan for Lot 1, Block 3, Green
Meadows 5t'. Ayes (7), Nays (0). Motion carried.
Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 406-98
executing a Storm Water Management Agreement with North American Realty for
the voluntary participation in the amount of $8,364.37. Ayes (7), Nays (0). Motion
carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
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E-17 Councilmembers Hruska moved, Evans seconded, to adopt Resolution No. 407-98
executing a Storm Water Management Agreement with Convenience Store
Investments (1221 Marion Road S.E.) in the amount of $1,984.97. Ayes (7). Nays
(0). Motion carried.
E-18 Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No.
408-98 accepting the feasibility report and initiating the project to "Extend 23rd
Avenue S.W., approximately 500 feet north of Second Street N.W.". and to initiate a
project to construct the Regional Storm Water Basin in this area to serve the
watershed including the Shorewood Senior Housing Project and to execute an
agreement for the public infrastructure costs associated with the property. Ayes
(7), Nays (0). Motion carried.
E-19 Councilmembers Senjem moved, Marcoux seconded, to adopt Resolution No. 409-
98 entering into an agreement with Bonestroo & Associates to provide engineering
services for the design of a segment of 23rd Avenue lying north of Second Street
S.W. and designing storm water quality ponds related to the development of the
former Fishers Driving Range. Ayes (7), Nays (0). Motion carried.
E-20 Councilmembers Senjem moved, Stobaugh seconded, to reject the bids for
Sidewalk Replacement Project No. 1A-1998 (J-9487-1487) "3`d Avenue to 8th
Avenue S.E. and 13th Street to 14th Street S.E.; 8th Avenue to 11th Avenue and 13th
Street to 15th Street S.E.; 9th Avenue to 11th Avenue and 15th Street to 161h Street
S.E. and West Side of 11 th Avenue from 12th Street to 13th Street S.E." Ayes (7),
Nays (0). Motion carried.
E-21 Councilmembers Stobaugh moved, Evans seconded, to reject the bids for Sidewalk
Replacement Project No. 1 B-1998 (J-9487-2487) " 3rd Avenue to 8th Avenue S. E.
and 14th Street to 16th Street S.E., 8th Avenue to 9th Avenue S.E. and 15th Street to
16th Street S.E." Ayes (7), Nays (0). Motion carried.
E-22 Councilmembers Senjem moved, Stobaugh seconded, to reject the bids for
Sidewalk Replacement Project No. 2A-1998 (J-9488-1488) "3rd Avenue to 9th
Avenue S.E. from 161h Street to 20th Street S.E." Ayes (7), Nays (0). Motion carried.
E-23 Councilmembers Hruska moved, Senjem seconded, to reject the bids for Sidewalk
Replacement Project No. 26-1998 (J-9488-2488) "9th Avenue to 11th Avenue S.E.
from 16th Street to 20th Street S.E.". Ayes (7), Nays (0). Motion carried.
E-24 Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No.
410-98 awarding the bid for Sidewalk Project No. 3C-1998 (J-9489-02) "Curb
Replacement on 11th Avenue N.E., 7th Street to 14th Street N.E." to Doyle Conner
Company in the amount of $52,845.00. Ayes (7), Nays (0). Motion carried.
E-25 Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 411-
98 awarding the bid for Sidewalk Project No. 3S-1998 (J-9489) "11th Avenue N.E.
from East Center Street to 14th Street N.E. to Doyle Conner Company in the
amount of $29,265.02. Ayes (7), Nays (0). Motion carried.
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Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
412-98 entering into an agreement with Gold Cross Ambulance to interconnect and
preempt the traffic signal at Civic Center Drive and 6 h Avenue N.W. Ayes (7), Nays
(0). The affiliation of Councilmembers Hruska, Senjem and Stobaugh with the
Mayo Foundation was noted.
Councilmembers Marcoux moved, Senjem seconded, to adopt Resolution No. 413-
98 amending Paragraph 128.5 of Section B, "No Parking Zones" of the
Comprehensive Traffic and Parking Resolution book to read:
(128.5) Sixth Street N.W. on both sides of the street from 11t'
Avenue N.W., west a distance of 150 feet more or less, to the
end of the street, at all times.
Ayes (7), Nays (0). Motion carried.
Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No.
414-98 establishing a public hearing for July 20, 1998 to consider implementing a
residential permit parking area in the 200 and 300 block of Fifth Avenue and the
400 and 500 block of Third Street N.W. Ayes (7), Nays (0). Motion carried.
Councilmembers Evans moved, Hruska seconded, to adopt Resolution No. 415-98
amending Paragraph (39.5) of Section E, "Passenger Loading Zones" of the
Comprehensive Traffic and Parking Resolution book to read:
(39.5) Second Street S.W. on, the north side of the street, 25 feet more or
less in front of the premise known as 1203 Second Street S.W. (The
Canadian Honker), 30 second limit, and
amending Paragraph (2a) to Section C "Special Parking Zones" Zone D (Bus
Stops), to read:
(2a) Second Street S.W. on the north side, one 80 foot bus stop
immediately east of the pedestrian signal in the 1200 block, Monday
through Saturday.
Ayes (7), Nays (0). Motion carried.
Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No.
416-98 adopting the policy requiring Contribution Agreements for Improvements to
Substandard Streets. Ayes (7), Nays (0). Motion carried.
Councilmembers Marcoux moved, McConnell seconded, to adopt Resolution No.
417-98 accepting the feasibility report and initiating a project described as "Extend
Sanitary Sewer to Undeveloped Land North of 55t' Street N.W. and West of 181n
Avenue N.W." with conditions as outlined on the Request for Council Action. Ayes
(7), Nays (0). Motion carried.
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F-2a An Ordinance Annexing to the City of Rochester Approximately 20.91 Acres of
Land Located in a part of the West Half of the Southwest Quarter of Section 8,
Township 107 North, Range 14 West, Olmsted County, Minnesota, was given a
second reading. (East of 50th Avenue N.W., North of Douglas Trail)
F-2b An Ordinance Rezoning Certain Property from the R-1 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 second
reading. (South of 40th Street S.W., East of 11th Avenue S.W.)
F-2c An Ordinance Amending and Reenacting Section 85A.19 of the Rochester Code of
Ordinances, Relating to a Curfew for Juveniles, was given a first reading.
Councilmembers Senjem moved, Evans 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-3a An Ordinance Amending and Reenacting Section 132.02 and Repealing Section
132.03 of the Rochester Code of Ordinances, Relating to Towing and Impounding
Motor Vehicles, was given a second reading. Councilmembers McConnell moved,
Stobaugh seconded, to adopt the Ordinance as read. Ayes (6), Nays (1). Motion
carried. Councilmember Senjem voted nay.
F-4 Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 418-
98 entering into a City -Owner Contract with Forbrook-Bigelow Development and
Elcor Construction for Project No. J-9495 "Basic Construction in Manorwoods West
Tenth Subdivision". Ayes (7), Nays (0). Motion carried.
G-1 Councilmembers Stobaugh moved, Marcoux seconded, to remove from the table
the awarding of bids for Project No. 6207-4-96A (J-9363) "Reconstruct 71h Street
N.W. from 400 feet West of 43`d Avenue N.W. to the West line of Manor Woods 8th
Subdivision". Ayes (7), Nays (0). Motion carried.
Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
419-98 rejecting all bids and authorize the City Clerk to readvertise for bids to be
opened at 11:00 A.M. on July 31, 1998 for Project No. 6207-4-96A (J-9363)
"Reconstruct 7th Street N.W. from 400 feet West of 43`d Avenue N.W. to the West
line of Manor Woods 8th Subdivision". Ayes (7), Nays (0). Motion carried.
G-2 Councilmembers McConnell moved, Marcoux seconded, to remove from the table
the Review of Previous Approval of Low Income Housing Tax Credits to Sunrise
Townhomes. Ayes (7), Nays (0). Motion carried.
Councilmembers Senjem moved, Stobaugh seconded, to table the Review of
Previous Approval of Low Income Housing Tax Credits to Sunrise Townhomes to
July 20th to allow the parties to come to a settlement agreement. Ayes (7), Nays
(0). Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
5300
Regular r.OU mcil Meeting No 16 — JuIT6, 1998
Agenda
Item
Having no further business, Councilmembers Stobaugh moved, Marcoux
seconded, to recess to 3:45 P.M. on July 13, 1998. Ayes (7), Nays (0). Motion
carried.
ity Clerk