Loading...
HomeMy WebLinkAbout11-02-1998RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 5392 CITY OF ROCHESTER, MINNESOTA Regular Council Meeting No 30 — November 2, 1998 Agenda Item A-1 B-1 C-1 D-1 No one wished to speak during the Open Comment Period. 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. Absent: Councilmember Walter Stobaugh. A petition was received from John Arkell, President of Carriage Homes, Inc., for a public improvement project to extend sanitary sewer to the Carriage Homes, Inc. Development. Councilmembers McConnell moved, Marcoux seconded, to adopt Resolution No. 641-98 referring the petition for Extension of Sanitary Sewer to Carriage Homes, Inc. Development to the Public Works Department for a feasibility study. Ayes (5), Nays (1). Motion carried. Councilmember Evans voted nay. A Hearing on General Development Plan #133 by Carriage Homes, Inc. to be known as Carriage Homes located along the north side of 2"d Street S.W., west of West Circle Drive. Wishing to be heard was Susan Robinson 4556 Third Street N.W. Ms. Robinson noted that there was something in the development plan that would run a street through the park at a later time. She asked that the possibility of a road be struck from the proposal. Wishing to be heard was Wade Dumond, Yaggy-Colby, representing the applicant. Mr. Dumond noted that there have been some miscommunications between the developer and the Public Works Department as to where grading had to be completed in other Carriage Homes projects; i.e., Meadowbrook and Northern Slopes. Mr. Dumond was in agreement that the item should be tabled until the issues of grading, seeding, some drainage issues and barricades at the end of some private roads were resolved. Terry Adkins, City Attorney, informed the Council that the City Attorney's Office has been asked to initiate legal action against Carriage Homes for failure to live up to their promises as to the approved grading plan of Meadowbrook and Northern Slopes. Councilmember Senjem was concerned about some of the findings relating to the proposed land uses being generally in accord. The Planning staff says that the southwest portion cited for medium density residential is not consistent. He noted his concerns about 1, 2, and 6 findings. Councilmember Marcoux noted that after talking with neighbors and staff and Mr. Dumond, condition 1 should be changed to delete all reference to a roadway extension through the park and specifying a 60-foot pedestrian access to the park from this development. She stated that she could not support a roadway extension through the park. n RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item Regular Council IVOleeting oE3SaE�ovem� P2,,T498 Roy Sutherland, Park Department, said that the Park Department is opposed to a roadway through the park unless it is wanted by the neighborhood. They are requiring a 30-foot pedestrian walkway at a minimum. Terry Adkins, City Attorney, informed the Council that the 120-day rule requires the Council to take action within 120 days of the filing of the land use application or it is deemed approved. There are 25 days remaining. The applicant can submit a letter waiving the 120-day rule. Councilmembers McConnell moved, Evans seconded, to continue the hearing to November 16th unless the staff receives a written waiver from the applicant of the 120-day rule at which time the matter shall be considered tabled. Ayes (6), Nays (0). Motion carried. D-2 A Hearing on Rochester Urban Service Area Land Use Plan Amendment #98-6 by Brenda Radichel amending the Land Use Plan desination from medium density residential to commercial on land located south of 99 Street N.W., east of 37th Avenue N.W. and lots located north of 9th Street N.W., west of 38th Avenue N.W. Wishing to be heard was Brenda Radichel, representing the owners of Cascade Business Park and available for questions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hruska moved, Marcoux seconded, to adopt Resolution No. 642- 98 approving Rochester Urban Service Area Land Use Plan Amendment #98-6 by Brenda Radichel and instruct the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (6), Nays (0). Motion carried. D-3 A Hearing on Zoning District Amendment #98-7 by Brenda Radichel to Rezone Land from R-3 to B-1 on property located south of 9th Street N.W., east of 37th Avenue N.W. and lots located north of gth Street N.W., west of 38th Avenue N.W. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Marcoux seconded, to approve Zoning District Amendment #98-7 by Brenda Radichel with three findings and instruct the City Attorney to prepare the required ordinance for adoption. Ayes (6), Nays (0). Motion carried. D-4 Councilmembers Evans moved, Marcoux seconded, to reconsider Item E-10 from the October 19, 1998 agenda as to the approval of the amendment to the orderly annexation agreement involving the Lawrence Brothers Realty. Ayes (6), Nays (0). Motion carried. Councilmembers McConnell moved, Evans seconded, to approve E-10 with the additional stipulation that the property shall be assigned the "H" holding zone upon annexation. Ayes (6), Nays (0). Motion carried. 393 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item A. D-7 Regular CO�Ql &eA9W6E§&IEP j Nc%M6P2,Th98 A Hearing on Zoning District Amendment #98-12 by Lawrence Brothers Realty to Rezone From the H Zone to the M-2 district property located south of 22"d Street N.W., east of 32"d Avenue N.W. Wishing to be heard was Leslie Rivas, McGhie & Betts, representing the applicant. She noted that an error on the Request for Council Action noted that there were residential concerns; this was put on as an error and not part of this particular item. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Marcoux seconded, to approve Zoning District Amendment #98-12 by Lawrence Brothers Realty with three findings and instruct the City Attorney to prepare the required ordinance for adoption. Ayes (6), Nays (0). Motion carried. A Hearing on Type III, Phase II, Land Subdivision Permit #98-26 by Ratzloff- Bigelow Development to be known as South Park Fourth and located south of Pinewood Road S.E., north to 23'/z Street S.E. in Section 19, Marion Township. Wishing to be heard was Leslie Rivas, McGhie & Betts, representing the applicant She was available for questions and noted that they were in agreement with all of the conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Marcoux seconded, to approve Land Subdivision Permit #98-26 by Ratzloff-Bigelow Development to be known as South Park Fourth with nine conditions and instruct the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (6), Nays (0). Motion carried. A Hearing on Final Plat #98-24 to be known as North Park Ninth Subdivision. Wishing to be heard was Bill Tointon, McGhie & Betts, representing the applicant. He noted that they are in agreement with the two conditions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hruska moved, McConnell seconded, to adopt Resolution No. 643-98 approving Final Plat #98-24 to be known as North Park Ninth Subdivision with two conditions. Ayes (6), Nays (0). Motion carried. A Hearing on Annexation Petition #98-14 by Olmsted County, J. Salisbury and N. Maihle to annex parcels 1,3,4,5 of Olmsted County Highway R-O-W Plat #45 and parcels 1 and 2 of Olmsted County Highway R-O-W Plat #44 in the vicinity of Century High School. Having no one wishing to be heard, President Hunziker closed the hearing. 1 Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF THE -COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5395 Regular Council Meeting No. 30 — November 2, 1998 Councilmembers Evans moved, Marcoux seconded, to approve an Annexation Petition #98-14 by Olmsted County, J. Salisbury and N. Maihle and instruct the City Attorney to prepare the required ordinance for adoption. Ayes (6), Nays (0). Motion carried. D-8 A Hearing to Consider Local Improvement Project No. 6008-99 (J-9520) "Reconstruction of 16 Y2, 17t', 17 Y2 Streets from 18t' Avenue N.W. to 19t' Avenue N.W.; and Reconstruction of 18 Y2 Street from 18t' Avenue N.W. to 20t' Avenue N.W." Wishing to be heard was Gene Miller, 1826 18 Y2 Street N.W. Mr. Miller brought a petition to the Council signed by people on 18'h Street N.W. objecting to the project. He was representing 18'/2 Street between 18t' and 19t�' Avenue N.W. Doug Nelson, Public Works Department, informed the Council that a neighborhood meeting was held on September 17t'. Based on the meetings, one street segment was dropped due to the meeting. Due to the positive response to the rest of the area, the Public Works Department decided to proceed with the rest of the project. Councilmember McConnell asked Mr. Miller if the residents of his neighborhood who signed the petition would want 18 Y2 Street overlaid rather than reconstructed. Mr. Miller stated that the petition indicated that the residents do not want anything. He also noted that last year 18t' Street was resurfaced with no cost to the neighborhood; he asked why. Wishing to be heard was Sonny Feind, 1806 18'/2 Street N.W. He stated that when the petition was brought around, people were not aware of the full benefits of the project. He asked that more information be given. Wishing to be heard was Pam Lembke, 1852 18'/2 Street N.W. She was concerned about what was happening with the Highway 52 project. She understood that the highway reconstruction would to make 18'h Avenue, at the end of their street, the new frontage road. If this was true, she could not see construction vehicles in a year from now using their street and ruining new construction. Wishing to be heard was Harold Meredith, 1807 18'/2 Street N.W. Mr. Meredith questioned the financing aspect of the project. He asked about the extra tax monies and why they couldn't be used for street use. Wishing to be heard was Virgil Lukes, 1803 18 Y2 Street N.W., not in favor of the project. His home is in the path of the Highway 52 renovation; why should he have to pay when he will only be living there a couple more years. Wishing to be heard was Gerald Cook. 1842 16 Y2 Street N.W. Mr. Cook is in favor of the project. He believes it would not only help increase the value of the homes but also solve the bad street problem; they are in very poor shape. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5396 Real dar C'nt tncil Meeting No 30 — November 2, 1998 Agenda Item Richard Freese, Public Works Director, spoke to some of the questions. He indicated that the final layout plan for the Highway 52 project has not been presented by MnDot to the City for approval as of yet but should be forthcoming within the next 60-90 days. The plans will contain the final right-of-ways for the project. It is impossible for the Public Works Department to know if a particular property is in or out of the project at this point. If the project is made, the lien is put against the property and the future buyer would be obligated to work with the owner to pay off the lien. If there is not support for the project, it will be brought back to the neighborhood in two years to see if there is interest at that time. Mr. Freese indicated that none of the drawings that he has seen from MnDot have ever shown 18th Avenue as a frontage road for the Highway 52 project but there would be a connection between the frontage road and 18th Avenue. Mr. Freese explained the new policy the Council adopted in July 1997 for pavement maintenance which includes preservation, rehabilitation and reconstruction. 18th Avenue, resurfaced last year at no cost to the homeowners, was under the old policy. Once a street gets to a certain pavement condition, reconstruction is the only option. Councilmember McConnell asked for clarification from Mr. Miller as to the location for those signing the petition. It was noted that it was 18'/z Street N.W. east of 19th Avenue N.W. Wishing to be heard was Chris Fromdahl, 1641 18th Avenue N.W., on the corner of 17th Street. He thought that it was a waste of money; the street was in good shape. Wishing to be heard was Sonny Feind, 1806 18'/z Street N.W. He was also concerned about streets being overlaid at the present time with no assessments being levied against properties. Wishing to be heard was Keith Geolat, 1832 18'/2 Street N.W. He was one of the people responsible for getting the petition together. He wondered why 18th Street was done last year. Richard Freese, Public Works, noted that the Department initiated the resurfacing of 18th Street N.W. last year knowing that by doing so they could extend the life of the road by 15 years. Wishing to be heard was Harold Meredith, 1807 18 Y2 Avenue N.W. He stated that he had been asking the Public Works Department for many years to resurface the street; now it's proposed to be done when the residents have to pay for it. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, McConnell seconded, to adopt Resolution No. 644-98 approving Project No. 6008-99 (J-9520) "Reconstruction of 16 Y2, 17th, 17 Y2 Streets from 18th Avenue N.W. to 19th Avenue N.W.; and Reconstruction of 18'/2 Street from 18th Avenue N.W. to 20th Avenue N.W.", eliminating 18 Y2 Street between 18th and 19th Avenue N.W. Ayes (6), Nays (0). Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Regular CouncY 11�eetinVE dE�ov��ii 6p2T'%98 Agenda Item D-9 A Hearing to Consider the Levying of Proposed Assessments for Project No. 6008- 99 (J-9520) "Reconstruction of 16 Y2, 17th, 17 % Streets from 18th Avenue N.W. to 19th Avenue N.W.; and Reconstruction of 18 % Street from 18th Avenue N.W. to 20th Avenue N.W." It was noted that 18 Y2 Street from 18th Avenue to 19th Avenue N.W. be dropped. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hruska moved, Evans seconded, to adopt Resolution No. 645-98 approving the Levying of Proposed Assessments for Project No. 6008-99 (J-9520) "Reconstruction of 16 Y2, 17th, 17 Y2 Streets from 18th Avenue N.W. to 19th Avenue N.W.; and Reconstruction of 18 Y2 Street from 18th Avenue N.W. to 19th Avenue N.W." Ayes (6), Nays (0). Motion carried. D-10 I A Hearing to Consider Local Improvement Project No. 6307-2-99 (J-9523) "Reconstruction of 7th Avenue S.E. from 6th Street S.E. to 12th Street S.E." Wishing to be heard was Sandy Mitchell, 938 Seventh Avenue S.E. Ms. Mitchell stated that there was only one neighborhood meeting on the project and not everyone was able to attend; more meetings should be scheduled. She indicated that she did not feel that the street needed reconstruction and definitely no curb and gutter. She was also concerned about the inconvenience during the reconstruction and how garbage trucks and groceries will be delivered. Doug Nelson, Public Works Department, stated that two weeks' notice was given prior to the meeting. About 35 people out of 96 were in attendance and showed support for the project. Provision is made for garbage trucks and some limited access. Wishing to be heard was Tim Cary, 623 11th Street S.E. Mr. Cary said that the neighborhood realized that 7th Avenue was in need of repair. However, they are unable to pay the price of reconstruction and asked why overlay wouldn't work. He did not feel that the value of their homes was increased by the reconstruction of the street to the extent that the City is saying. The City has monies to spend in the downtown area, why not in the neighborhoods. Mr. Cary also noted that they need more stop signs in the neighborhood to stop the excessive speeds of the traffic traveling through it. Wishing to be heard was James Matthews, 704 101h Street S.E. Mr. Matthews noted that they had not received notice of the neighborhood meeting until late. He felt that the assessments were too large for the properties. Wishing to be heard was Stephanie Snow, 828 7th Avenue S.E. Ms. Snow asked that the project go through. She felt that the reconstruction of the street would benefit her property. 5397 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 5398 Agenda Item D-11 D-12 Regular Co�Ajyl QF 'et%W6E§JENcWW66PPTlb98 Wishing to be heard was Mary Kepp, 818 Ph Avenue S.E. Ms. Kepp thought that the curb and gutter should be constructed. The reconstruction was worth the value to the property and would keep the neighborhood looking good. Wishing to be heard was Nevin Durgin, 702 9th Street S.E. Mr. Durgin was opposed to the cost and the assessment to the people. Wishing to be heard was Jack Chapman, 1040 7th Avenue S.E. Mr. Chapman supported the project saying that a neighborhood that is kept up keeps crime down and values up. Wishing to be heard was Mark Rownd, 1043 7th Avenue S.E., opposed to the project. Wishing to be heard was Bernie Nesler, 4910 Tee Court S.W., in favor of the construction of curb and gutter. Wishing to be heard was Ron Porter, 922 Ph avenue S.E., initially opposed to the project but now in support. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hruska moved, Senjem seconded, to table the project to the December 21 st meeting to give Public Works Department time to hold further neighborhood meetings and take a further look at the project. Ayes (6), Nays (0). Motion carried. A Hearing to Consider the Levying of Proposed Assessments for Project No. 6307- 2-99 (J-9523) "Reconstruction of 7th Avenue S.E. from 6th Street S.E. to 12th Street S. E." Councilmembers Hruska moved, Evans seconded, to continue the hearing to December 21, 1998. Ayes (6),. Nays (0). Motion carried. A Hearing to Consider Local Improvement Project No. 5703-99 (J-9522) "Reconstruction of Walden Lane S.W. from Folwell Drive S.W. to Skyline Drive S.W." Wishing to be heard was Herta Matteson, 1752 Walden Lane S.W. She was in agreement that the street needed to be reconstructed but thought that the street was severely damaged by the truck traffic during the development of Baihly Heights. Most of the truck traffic was on Walden Lane during the start of the building of Baihly Heights. She questioned the time frame for repair of the street because of continued truck traffic. Ms. Matteson was concerned about safety on the street when it is repaired because of the heavy amount of traffic and the number of children living along it. She said that at the present time there are many potholes due to wash out during rain. 1 Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5399 Regular Council Meeting No. 30 — November 2, 1998 Having no one further wishing to be heard, President Hunziker closed the hearing. Richard Freese, Public Works Director, stated that his department could meet and work with the neighborhood on traffic calming options. He said that there are problems with washouts during the rain and that this will be eliminated with the reconstruction of the street. Councilmembers Marcoux moved, Evans seconded, to adopt Resolution No. 646- 98 approving Project No. 5703-99 (J-9522) "Reconstruction of Walden Lane S.W. from Folwell Drive S.W. to Skyline Drive S.W." Ayes (6), Nays (0). Motion carried. D-13 A Hearing to Consider the Levying of Proposed Assessments for Project No. Project No. 5703-99 (J-9522) "Reconstruction of Walden Lane S.W. from Folwell Drive S.W. to Skyline Drive S.W." Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Marcoux moved, McConnell seconded, to adopt Resolution No. 647-98 approving the levying of proposed assessments for Project No. 5703-99 (J- 9522) "Reconstruction of Walden Lane S.W. from Folwell Drive S.W. to Skyline Drive S.W." Ayes (6), Nays (0). Motion carried. D-14 A Hearing to Consider Local Improvement Project No. 6217-2-99 (J-9514) "Construct Concrete Curb & Gutter, Storm Sewer and Overlay Bituminous Roadway in 900 block of 17th Street S.E." Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hruska moved, Marcoux seconded, to adopt, Resolution No. 648- 98 approving Project No. 6217-2-99 (J-9514) "Construct Concrete Curb & Gutter, Storm Sewer and Overlay Bituminous Roadway in 900 block of 17th Street S.E." Ayes (6), Nays (0). Motion carried. D-15 A Hearing to Consider the Levying of Assessments for Project No. 6217-2-99 (J- 9514) "Construct Concrete Curb & Gutter, Storm Sewer and Overlay Bituminous Roadway in 900 block of 17th Street S.E." Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hruska moved, Senjem seconded, to adopt Resolution No. 649- 98 approving the levying of assessments for Project No. 6217-2-99 (J-9514) "Construct Concrete Curb & Gutter, Storm Sewer and Overlay Bituminous Roadway in 900 block of 17th Street S.E." Ayes (6), Nays (0). Motion carried. D-16 A Hearing to Consider the Levying of Assessments for Sidewalk Replacement Project No. 5-1997 (J-9424) "Sidewalk Replacement at Various Locations: Meadow Run Drive S.W.; 3rd Avenue and 4th Avenue S.W. Between 5th Street and 6th Street S.W.; Miscellaneous Locations on 14th Street N.E." RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 5400 CITY OF ROCHESTER, MINNESOTA Regular Council Meeting No- 30 — Nov _mb -r 9. 1 AAR Agenda Item D-17 E-1-3, 6-13, 15-18, 20-35 E-1 E-2 E-3 E-4 E-5 E-6 Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Hruska seconded, to adopt Resolution No. 650-98 approving the levying of assessments for Sidewalk Replacement Project No. 5-1997 (J-9424) "Sidewalk Replacement at Various Locations: Meadow Run Drive S.W.; 3`d Avenue and 4th Avenue S.W. Between 5th Street and 6th Street S.W.; Miscellaneous Locations on 14th Street N.E." Ayes (6), Nays (0). Motion carried. A Hearing to Consider the Levying of Assessments for Sidewalk Replacement Project No. 4-1997 (J-9418) "Replacement of Sidewalk at Various Locations: 25th Avenue N.W., 55th Street to 62"d Street N.W.; 38th Street N.W., 18th Avenue to 19th Avenue N.W.; 37th Street N.W., 18th Avenue to 21st Avenue N.W.; 14th Avenue and 15th Avenue N.W., Elton Hills Drive to Cascade Street N.W.; 26th Street N.W., 14th Avenue to 15th Avenue N.W.; Folwell Drive/18th Avenue S.W., Highway 52 to 22"d Avenue S.W.; Walden Lane S.W., Folwell Drive to Skyline Drive S.W.; and Miscellaneous Locations on 19th Street N.W." Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Marcoux seconded, to adopt Resolution No. 651- 98 approving the levying of assessments for Sidewalk Replacement Project No. 4- 1997 (J-9418) "Replacement of Sidewalk at Various Locations: 25th Avenue N.W., 55th Street to 62"d Street N.W.; 38th Street N.W., 18th Avenue to 19th Avenue N.W.; 37th Street N.W., 18th Avenue to 21st Avenue N.W.; 14th Avenue and 15th Avenue N.W., Elton Hills Drive to Cascade Street N.W.; 26th Street N.W., 14th Avenue to 15th Avenue N.W.; Folwell Drive/18th Avenue S.W., Highway 52 to 22"d Avenue S.W.; Walden Lane S.W., Folwell Drive to Skyline Drive S.W.; and Miscellaneous Locations on 19th Street N.W." Ayes (6), Nays (0). Motion carried. Councilmembers McConnell moved, Marcoux seconded, to approve the following consent agenda items: Approved the minutes of the October 5, 1998 Council meeting. Approved the revision of authorized expenditures for the DM&E noise consultant to $18,100. Adopted Resolution No. 652-98 authorizing the City Clerk to advertise for a consultant with expertise in structural engineering and design for Terminal building improvements at the Rochester International Airport. See at end of E items. See at end of E items. Adopted Resolution No. 653-98 approving the low bid of $16,800 by Superior Companies, Incorporated for Project No. J-6934 "Restroom Renovations in the City 1 Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5 - Regular Council Meeting No. 30 — November 2. 1998 Owned Building Leased by Rochester Aviation at the Rochester International Airport". E-7 Adopted Resolution No. 654-98 executing Change Order #2 for Project No. J-6938 "Phase 2 of the Air Cargo Ramp and Taxiway Project" at the Rochester International Airport. E-8 Adopted Resolution No. 655-98 executing the Professional Services Agreement with McGhie & Betts, Inc. for T-Hanger Plans/Specifications at the Rochester International Airport. E-9 I Adopted the following Rochester Public Utility resolutions: Resolution No. 656-98 approving a purchase order agreement with PowerTech Associates, Inc. for Engineering Services for Cascade Creek Gas Turbine Control System Upgrade in an amount not to exceed $155,000.00. Resolution No. 657-98 approving payment to People's Cooperative Services for Acquisition of Electrical Service Rights to Annexations in the MPUC Docket #140 in the amount of $348,125.00. Resolution No. 658-98 entering into a purchase order agreement and supplemental Letter of Understanding with Westridge Hills Corporation for Windsor Hills Water System. E-10 I Approved the following licenses and miscellaneous activities: 3.2 Beer —On-Sale Church of St. Pius X — Football Event — November 22, 1998 Fireworks RES Specialty Pyrotechnics — Mayo Civic Center — November 18, 1998 Gambling — Temporary Raffle Choral Arts Ensemble — Raffle at Kahler Plaza Hotel — February 6, 1999 Heating Contractor Century Mechanical, Inc., Northfield Master Installer Dennis Templeman, Cannon Falls E-11 Approved the transfer of the On -Sale Intoxicating Liquor and Sunday License for the Mayo Civic Center from Sunstone Hotel properties to J & S Corporation DBA Canadian Honker Hospitality. E-12 Approved Accounts Payable in the amount of $2,269,003.12. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 5402 CITY OF ROCHESTER, MINNESOTA Regular Council Meeting No 30 — November 2, 1998 Agenda Item E-13 E-14 E-15 E-16 E-17 E-18 E-19 E-20 E-21 E-22 E-23 E-24 E-25 E-26 Adopted Resolution No. 659-98 authorizing the City Clerk to advertise for bids for One Year's Supply of Anhydrous Ferric Chloride and Liquid Aluminum Sulfite. See at end of E items. Approved the appointment of Tim Bangert to the position of Captain in the Rochester Fire Department effective November 2, 1998. Adopted Resolution No. 660-98 authorizing the Director of Employee Relations to sign the Stipulation of the Parties agreement for Fire Department Supervisors. Adopted Resolution No. 661-98 approving the Rochester Police Department to apply for Minnesota Joint Together funds of up to $5,000 to reduce youth access to alcohol. Adopted Resolution No. 662-98 entering into a Highway Maintenance Agreement for the period of July 1, 1998 to June 30, 1999 with the County of Olmsted for the maintenance of 11.31 miles of county highways within the City of Rochester. See at the end of E items. Adopted Resolution No. 663-98 granting a revocable permit to the owner of the Brentwood Motor Inn allowing a small area of footings for a proposed new building to encroach into the public right of way of First Street S.W. Adopted Resolution No. 664-98 awarding the bid to Elcor Construction in the amount of $356,258.50 for Project No. 9703-98 (J-2710) "Basic Construction in Rochester Technology Park Second". Rejected the bids for Project No. 6802-98 (J-2452) "Construct Retaining Wall — Protect Apartment Complex at Rocky Creek". Adopted Resolution Nos. 665-98 and 666-98 accepting the feasibility report and setting a hearing date for December 7, 1998 for Project No. 9829 (J-9536) "Sanitary Sewer and Watermain to Serve Riverview Heights Subdivision". Adopted Resolution Nos. 667-98, 668-98, 669-98 and 670-98 ordering and receiving the feasibility report, setting a public hearing on December 7, 1998 on the making of the project, and setting a public assessment hearing on December 7, 1998 for Project No. 6256-M1-99 (J-9537) "Construct Concrete Curb & Gutter and Overlay 5th Avenue S.E. from 16th Street S.E. to End of Cul-de-Sac". Adopted Resolution No. 671-98 establishing the project assessment rate of $32.3479106 per centerline foot for Project No. 9712 (J-9431) "Extension of High Level Water Service from Northern Hills Golf Course to the S.E. corner of 41st Street N.W. and CSAH 22". Adopted Resolution No. 672-98 authorizing a Storm Water Management Agreement with Norandex Vinyl Products, Proposed Retail Building, Cassidy 1 Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 54U3 Regular Council Meeting No. 30 — November 2. 1998 Mechanical, Cascade Ridge Townhomes, and Dakota of Rochester, and permitting Fire Station No. 4 and the storage building at the Police pistol range to participate in the Regional Storm Water Management Plan. E-27 Adopted Resolution No. 673-98 authorizing the execution of assessment agreements and amending the previously adopted resolution dated November 3, 1997 for Project No. 6206-2-79 (J-8692) "Reconstruct 6th Street S.E. from 4th Avenue S.E. to 13th Avenue S.E." E-28 Adopted Resolution No. 674-98 authorizing the execution of assessment agreements and amending the previously adopted resolution dated November 17, 1997 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." E-29 Adopted Resolution No. 675-98 authorizing the execution of assessment agreements and amending the previously adopted resolution dated November 3, 1997 for Project No. 6306-3-95 (J-9328) "Reconstruct 6th Avenue S.W. from 2"d Street S.W. to 6th Street S.W." E-30 Adopted Resolution No. 676-98 authorizing the execution of assessment agreements and amending the previously adopted resolution dated November 3, 1997 for Project No. 6219-4-96 (J-9362) "Street Resurfacing and Curb & Gutter in 19th Street N.W. from 18'h Avenue N.W. to Valleyhigh Drive N.W." E-31 Adopted Resolution No. 677-98 authorizing the execution of assessment agreements and amending the previously adopted resolution dated November 17, 1997 for Project No. 6217'h -2-97 (J-9450) "Rehabilitate 17 % Street S.E. from 9th Avenue S.E. to 10th Avenue S.E." E-32 Adopted Resolution No. 678-98 authorizing the execution of assessment agreements and amending the previously adopted resolution dated 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." E-33 Adopted Resolution No. 679-98 approving Supplemental Agreement #1 for Project No. 6207-4-96A (J-9363) "Reconstruction of 7th Street N.W. from 43`d Avenue to 46th Avenue N.W." E-34 Adopted Resolution No. 680-98 approving Supplemental Agreement #1 for Project No. 9714 (J-9436) "Basic Construction in Pinewood Road S.E." E-35 Adopted Resolution No. 681-98 amending the Comprehensive Parking Resolution as follows: 1. Add paragraph (144.5) to Section B, "No Parking Zones" to read: (144.5) Sixth Avenue S.W., on the west side of the street from Sixth Street south a distance of 175 feet, more or less, at all times. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 54�4 CITY OF ROCHESTER, MINNESOTA Regular Council Meeting No- 30 — November 2, 1998 Agenda Item E-4 —5 E-14 E-19 F-1 F-2 F-3 F-4 2. Amend paragraph (19.85) of Section C "Special Parking Zones" to read: (19.85) 31st Street N.W., on the north side from 18th Avenue to 15th Avenue, 7:00 A.M., to 5:00 P.M., School Days Only. Ayes (6), Nays (0). Motion carried. Terry Adkins, City Attorney, asked the Council to approve the leases as described below for the Rochester International Airport contingent upon approval by the City Attorney as to the language of the leases. Councilmembers Evans moved, Marcoux seconded, to adopt the following resolutions contingent upon approval by the City Attorney as to the language within. Resolution No. 682-98 executing the lease agreements with ADG, Inc. for space in the new Federal Express's air cargo building and parking lot facilities, and Resolution No. 683-98 executing the lease agreements with Airborne Express and Federal Express for apron parking and landing fees. Ayes (6), Nays (0). Motion carried. Councilmember Hruska moved, McConnell seconded, to thank the Rochester Area Association of Realtors for their donation of $985.00 for the purchase of a Sparky the Fire Dog costume. Ayes (6), Nays (0). Motion carried. Richard Freese, Public Works Director, informed the Council that the material/expense basis for the consultant, LSA Design, Inc., would pay them for their time and effort in the event that the Council decides not to proceed with the project. Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 684-98 entering into an agreement with LSA, Inc. of Minneapolis on a time and material/expense basis to meet with the ADRC for the purpose of incorporating the community's ideas and interests into the final design and construction of the Highway 52 corridor improvements. Ayes (6), Nays (0). Motion carried. Councilmembers Evans moved, Marcoux seconded, to adopt Resolution No. 685- 98 authorizing the Mayor and City Clerk to sign the proposed loan agreement between the City and Western Digital. Ayes (6), Nays (0). Motion carried. Councilmember Hruska moved, Marcoux seconded, that the Council not schedule a public hearing for the disorderly use property violation at 885 16th Avenue S.E. (#206). Ayes (6), Nays (0). Motion carried. Councilmembers McConnell moved, Marcoux seconded, to amend RCO 50.01 adopting the 1997 State Fire and Building Codes changes for the City of Rochester Ayes (6), Nays (0). Motion carried. Wishing to be heard was Penny Marshall, representing the Rochester Youth Boxing Club (Silver Lake gym). She told the Council that the Boxing Commission advised 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item Regular Council Oeeting NoEgE NoMemNeSfT498 ' S4o5 them to seek legal counsel, however, she did not have an attorney present. Ms. Marshall noted the inability of the two youth gyms located in Rochester to work together to promote amateur boxing. She stated a difference in philosophy for the two groups. However, when Council members questioned Ms. Marshall, she indicated that they also held events in areas where alcohol was available.(Kahler Hotel) but did not have ring girls at,any time at their matches. Wishing to be heard was Mark Anderson, 220 Salem Point Drive S.W., representing the Fourth Street Gym. Mr. Anderson stated that they had difficulty in getting dates for boxing events even though the Rochester Youth Boxing Club was to work with them. Mr. Anderson said that they needed to ask the Rochester Youth Club when they wanted to use the franchise but that the Rochester Youth Club would not indicate any of their commitments to them. He indicated that this is a local issue and the Golden Gloves organization located in the Twin Cities area should not be involved. Discussion. Councilmembers were concerned that it's the youth of the City that is suffering from the lack of cooperation between the two clubs. Clubs need to notify each other as to the dates of their commitments. Councilmember Senjem noted his dissatisfaction with smoking, cards, alcohol and the use of ring girls during the amateur events. All Councilmembers did not feel that this was an appropriate environment for youth sports. They indicated that if the clubs cannot get along, the franchise may not be awarded in future years. Councilmember McConnell moved, to award the franchise to the Fourth Street Gym with the stipulation that they will be looked at just as hard next year. Motion died for lack of second. Councilmember Hruska moved, McConnell seconded, to adopt Resolution No. 686- 98 transferring the amateur boxing franchise to the Fourth Street Gym this year on a rotating basis and next year to the Rochester Youth Boxing Club. Ayes (5), Nays (1). Motion carried. Councilmember Evans voted nay. F-5 Councilmembers Evans moved, Senjem seconded, to approve the transfer of the On -Sale and Sunday Liquor Licenses and Dance License from Hinck, Inc. DBA RochesCheer at 320 First Avenue S.E. to Allen Hurlbut DBA RochesCheer Country Pub effective November 2, 1998. Ayes (6), Nays (0). Motion carried. F-6 Councilmembers Hruska moved, Evans seconded, to adopt Resolution No. 687-98 approving a labor agreement with the International Operating Engineers, Local #49 — Park and Recreation for the years of 1999, 2000, and 2001. Ayes (6), Nays (0). Motion carried. F-7 Councilmembers Evans moved, Hruska seconded, to adopt Resolution No. 688-98 authorizing two new positions, Senior Level Information Systems and Accountant, at the Rochester Public Utilities. Ayes (6), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Regular Co�bj l &eAgW6E§&EFNckAM6P2,Th98 5�lO�o Agenda Item F-8 F-9 F-10 G-2a G-2b G-2c G-2d G-2e G-3a H-1 H-2 Councilmembers McConnell moved, Evans seconded, to adopt Resolution No. 1 98 authorizing reclassification from Library Assistant II to Technical Coordinator effective October 1, 1998. Ayes (6), Nays (0). Motion carried. Councilmembers Hruska moved, Senjem seconded, to adopt Resolution No. 690- 98 authorizing reclassification from the current clerk position to Animal Control Officer. Ayes (6), Nays (0). Motion carried. Councilmembers Marcoux moved, Senjem seconded, to adopt Resolution No. 691- 98 authorizing the Network Administrator position. Ayes (6), Nays (0). Motion carried. An Ordinance Rezoning Certain Property From the R-3 District to the B-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 readin (4 lots south of 9th Street N.W., east of 37th Avenue N.W. and 4 lots north of 9th Street N.W., west of 38th Avenue N.W.) An Ordinance Rezoning Certain Property From the H District to the M-2 District and amending Ordinance No. 2785, Known as the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota, was given a first reading. (South of 22nd Street N.W.) An Ordinance Annexing to the City of Rochester Approximately 24.2 Acres of Land Located in a Part of Olmsted County Highway Right -of -Way Plats 44 and 45 in the Vicinity of Century High School, Haverhill township, Olmsted County, Minnesota, was given a first reading. An Ordinance Amending and Reenacting Subdivision 1 of Section 50.01 of the Rochester Code of Ordinances, Relating to the Adoption of the State Building and the Uniform Building Code, was given a first reading. An Ordinance Amending and Reenacting Chapter 55 of the Rochester Code of Ordinances, Relating to the Adoption of the 1998 Uniform Fire Code, was given a first reading. An Ordinance Annexing to the City of Rochester Approximately 10.05 Acres of Land Located in a Part of the Southeast Quarter of the Northwest Quarter of Section 18, Township 106 North, Range 13 West, Olmsted County, Minnesota, given a second reading. Councilmembers Hruska moved, Evans seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. Project No. 6001-99 (J-9531) "Reconstruction of Wilshire Court N.E." was left on table. Project No. 9823 (J-9526) "Construct Concrete Curb & Gutter, Storm Sewer and Overlay Bituminous roadway in 19th Street N.E. from Northern Heights Drive N.E. East End of 19th Street" was left on table. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Council Meeting No. 30 — November 2. 1998 5407, Agenda Item 1-1 Councilmember McConnell moved, Marcoux seconded, to initiate the zoning ordinance amendment process with respect to the method by which an advertising sign distance from adjacent structures or zoning districts is measured. Ayes (6), Nays (0). Motion carried. Having no further business, Councilmember McConnell, Marcoux seconded, to recess the meeting to 4:15 P.M. on November 4, 1998 to canvass the City General Election. Ayes (6), Nays (0). Motion carried. ity Clerk