HomeMy WebLinkAbout12-07-1998RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 5421
Regular Council Meeting No. 34 — December 7, 1998
Agenda
Item
A-1 I No one wished to be heard during the Open Comment Period.
B-1 President John Hunziker called the meeting to order at 7:00 P.M. with the following
members present: Councilmembers Ed Hruska, Mack Evans, Marcia Marcoux,
Jean McConnell, David Senjem, Walter Stobaugh. Absent: None.
C-1 Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No.
717-98 referring the petition for "Reconstruction of 16th Street N.W." to the Public
Works Department for a feasibility study. Ayes (7), Nays (0). Motion carried.
C-2 Councilmembers Hruska moved, Senjem seconded, to amend the feasibility report
and assessment notices to include 355 and 359 Riverview Heights Drive N.E., as
petitioned by the residents. Ayes (7), Nays (0). Motion carried.
D-1 I Truth -in -Taxation Hearing for the 1999 Proposed Budget and Tax Levy.
Steve Kvenvold, City Administrator, gave an overview of the 1999 proposed budget
displaying graphs showing growth data for a ten-year period and an analysis of the
proposed expenditures. The proposed budget expenditures of $100,706,991 would
require a property tax levy of $16,360.323.
Wishing to be heard was George White, 46 Connor Circle S.W., asking questions
about the enterprise funds and the "in lieu of taxes" that are paid by them and at
what rate and what services are received in return. Mr. Kvenvold answered that the
electric utility is based upon a kilowatt hour and is approximately eight percent of
the gross revenue. The sewer utility fund is being increased but is a small portion
of the gross revenues; it will be increased over a four to five year period to
approximately ten percent. The parking fund is approximately nine percent. The
support of the City administration and organization is received. Mr. White noted
that these amounts are taxed with portions going to the City and State and asked if
it was a way for the collection of additional taxes. Mr. Kvenvold answered that it is
a tax that comes back to the City but if it were not in place, the property tax would
have to be increased. It is a dividend that goes back to the general population to
directly benefit the people rather than stockholders. The system has been in place
since 1933.
Wishing to be heard was Bill Sepic, President of the Rochester Chamber of
Commerce. He noted that the property tax in Minnesota is one of the highest and
the business tax in Minnesota is ranked third in the nation. This affects our ability
to compete regionally and nationally. Even though the 1998 Legislature reduced
business taxes for property over $150,000, many businesses are only going to
realize a small portion of the reform because of increased tax levies by the County
and the City. He noted that it is disappointing for the business community to have
fought for reform and then have no realization of savings due to the increased local
tax levies. He challenged the City to look carefully at its proposed 1999 budget to
minimize any impact to businesses and homeowners through further efficiencies.
Mr. Sepic stated that one deficiency faces the Council tonight; that is the possible
joint merger of the Human Resources position for the City and County.
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Agenda
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D-3
D-4
Councilmembers Senjem moved, Stobaugh seconded, to close the Truth -in -
Taxation Hearing for the 1999 Proposed Budget and Tax Levy. Ayes (7), Nays (0).
Motion carried.
A Hearing on 1999 Low Income Housing Tax Credits.
Gary Neumann, Assistant City Administrator, noted that James Development has
agreed to sign an agreement, if the Council changes the allocation plan to put in the
additional 15 points, that would close the possibility of a lawsuit over the 1998
allocation process provided that the fee for the 1999 process is waived as well.
Wishing to be heard was Tom Canan, Assistant City Attorney. He noted that
James Development is asking for clarification as how the 57 points were arrived at.
The information is currently being provided to them.
Wishing to be heard was Gary Lueders, Olmsted County Planning Department,
stating that $145,000 is the 1999 credits for 1999 rather than $132,000 as stated on
the Request for Council Action. He noted that the $132,000 was a figure provided
to the City quite some time ago.
Having no one further wishing to be heard, President Hunziker closed the hearing
Councilmember Evans moved, Stobaugh seconded, to adopt Resolution No. 718-
98 entering into a settlement agreement with Arlington Investments concerning a
dispute with James Development, adopting the 1999 Qualified Allocation Plan and
extending the contract with Multi -Mac for the LIHTC program monitoring; and
Resolution No. 719-98 Adopting the 1999 qualified Allocation Plan for Low Income
Housing Tax Credits and Authorizing Preparation of Related Documents. Ayes (7),
Nays (0). Motion carried.
A Hearing on Zone Change Map Amendment #98-15 Initiated by the Rochester
Common Council to rezone from the R-1 to the R-1x District for eleven (11) distinct
areas in the City.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers McConnell moved, Evans seconded, to approve Zone Change
Map Amendment #98-15 and instruct the City Attorney to prepare the required
ordinance for adoption. Ayes (7), Nays (0). Motion carried.
A Hearing on Type III, Phase II, Zoning District Amendment #98-17 by Continental
61 fund to amend the Floodway Overlay and Flood Fringe Overlay districts on
property located east of TH 63, south of 20th Street S.W. and north of 28th Street
S.W.
Wishing to be heard was Bill Tointon, McGhie & Betts, representing the applicant.
Mr. Tointon noted that the request would change the zoning on a part of the site for
Continental Properties of 52 acres. They are asking that the floodway designation
and the 100-year flood boundary be eliminated. The previous owner petitioned in
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 5423
Regular Council Meeting No. 34 — December 7 1998
1996 to have the zoned changed to M-1 and at that time did not have the technical
data available to request change o the floodway designation and the 100-year flood
boundary. If the runoff did not have to flow overland, there would be no floodway.
The future proposal is to put the runoff through a pipe. The runoff has no relation to
the 100-year flood boundary. The Federal Emergency Management Agency will do
a technical review but the governing body must adopt a resolution in support of the
change in the floodway.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Stobaugh moved, Hruska seconded, to adopt Resolution No. 720-
98 approving Type III, Phase II, Zoning District Amendment #98-17 by Continental
61 fund to amend the Floodway Overlay and Flood Fringe Overlay districts on
property located east of TH 63, south of 20th Street S.W. and north of 28th Street
S.W. Ayes (7), Nays (0). Motion carried.
D-5 I A Hearing on Final Plat #98-25 to be known as Broadway Commons.
Wishing to be heard was Bill Tointon, McGhie & Betts, representing the applicant.
He noted that they are in agreement with the three recommended conditions.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Evans moved, Marcoux seconded, to adopt Resolution No. 721-
98 approving Final Plat #98-25 to be known as Broadway Commons with three
conditions. Ayes (7), Nays (0). Motion carried.
D-6 A Hearing on the Zoning Appeal of a Broad of Appeals Decision on a Variance
Request by U.S. West Wireless location at the northwest corner of the Northbrook
Shopping Center on North Broadway.
Wishing to be heard was Julie Townsend, 426 North Fairview Avenue, St. Paul, on
behalf of U.S. West Wireless. Ms. Townsend explained that they had asked for a
variance for a setback of 69 feet from the property line at Northbrook Shopping
Center to install a 75-foot communications tower. The Zoning Board of Appeals
denied the variance request. Ms. Townsend stated that they have asked the
owners of Northbrook if another location on the site is feasible. Existing light poles
can be used or a location to the rear of the center. The owners, Kraus -Anderson,
have denied the installation on other locations of the site stating that they are in the
process of possibly remodeling the site and because of the remodeling and
aesthetic reasons would not be able to have the tower located other than the site
that is presently being denied in the northwest corner. Ms. Townsend also stated
the Northbrook site is the only location that will allow them to serve the area of the
City that presently is not handled by other towers.
Wishing to be heard was Davis Osland, Attorney representing U.S. West, mirroring
what Julie Townsend had previously stated and Kraus -Anderson is denying them
another site on the location:
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Agenda
Item
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A:
Gary Neumann, Assistant City Administrator, told the Council that this is the first
PCSC tower to come for a variance, and if the variance were granted, it would
impact future requests.
Wishing to be heard was Steve Mangold, Regional Manager, U.S. West. He told
the Council that they use as many water towers and other sites as possible. They
currently have five water towers being used at the present time in an agreement
with Rochester Public Utilities. They have approached the condominium complex
to the east of the Northbrook Shopping Center but the owners of the property have
denied the usage. In response to a question, he stated that, if the Council denies
the variance, U.S. West will look at other options, including public rights of way.
Wishing to be heard was Jeff Bowland, 1735 Third Avenue N.W. Mr. Bowland is
familiar with the area and the site. He stated that the light pole the tower would be
secured on is already quite high and with the additional height and the PSCS
dishes on top the aesthetic view of the parkway is interfered with. There is also the
danger of the structure blowing over. If the Council allows U.S. West to install the
structure, the door is opened for other companies. He is against the installation of
the tower.
Wishing to be heard was Tom Estrom, Rural Route 2, Box 137, Kasson. He is not
in favor of the variance being granted. Other companies will be expecting to use
the same means to secure variances for their towers. There will soon be poles all
over the City. If it is granted, then other companies should be able to utilize the
same poles for installation of their equipment.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmember Marcoux moved, Hruska seconded, to direct the City Attorney to
prepare Findings of Fact, Conclusion of Law, and Order to affirm the Zoning board
of Appeals' decision to deny U.S. West Wireless' request for a variance. Ayes (7),
Nays (0). Motion carried.
A Hearing on Annexation by Ordinance Petition #98-16 by Burton Patchin to annex
Lot 18, Block 6, Sunnydale Second Subdivision in Marion Township.
Having no one wishing to be heard, President Hunziker closed the meeting.
Councilmembers Evans moved, Stobaugh seconded, to approve Annexation by
Ordinance Petition #98-16 by Burton Patchin and instruct the City Attorney to
prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried.
A Hearing on Annexation by Ordinance Petition #98-15 by Arnold Bomgaars to
annex land in Haverhill Township lying south of Rocky Creek Drive, west of East
Circle Drive.
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 5425
Regular Council Meeting No. 34 — December 7. 1998
Councilmembers Senjem moved, Evans seconded, to approve Annexation by
Ordinance Petition #98-15 by Arnold Bomgaars and instruct the City Attorney to
prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried.
Councilmembers Evans moved, Senjem seconded, to approve annexation of the
park located to the south of the Arnold Bomgaars property and instruct the City
Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0).
Motion carried.
D-9 A Hearing on Type III, Phase II Land Subdivision Permit #98-30 by Arnold
Bomgaars to be known as Northern Heights North 3`d Subdivision located south of
Rocky Creek Drive, west of East Circle Drive.
Wishing to be heard was Wade Dumond, Yaggy-Colby, representing the applicant.
Mr. Dumond noted that conditions 2, 3 and 4 have been complied with and can be
removed; they are in agreement with the remaining conditions.
Councilmember Evans asked about the size of cul-de-sac and where parking is to
be accommodated. Wade Dumond stated that the cul-de-sacs are the dimensions
that have been designed for many years and cannot actually be parked on because
of the driveways. Mr. Dumond also noted their agreement with the revision of the
directional "NE' being added to the roadway name of Glendale Hills Lane.
Councilmember Senjem asked about the function of Condition No. 5, No Parking —
Fire Lane. Is it a condition that should be in effect on all cul-de-sacs?
Mr. Dumond stated that he thought it was a new idea that was placed as a
condition on the plat and has not shown up on other plats.
Mitzi Baker, Planning Department, stated that the Fire Department asked that the
cul-de-sac be posted as no parking
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers asked for an explanation from the Fire Department as to the
reason for the no parking signs in a cul-de-sac prior to putting it in as a condition to
plats. Justification should be provided at a committee -of -the -whole meeting in the
future for such conditions. They agreed that Condition No. 4 be removed as a
condition to the plat.
Councilmembers Senjem moved, Stobaugh seconded, to approve Type III, Phase II
Land Subdivision Permit #98-30 by Arnold Bomgaars to be known as Northern
Heights North 3rd Subdivision with four conditions. Ayes (7), Nays (0). Motion
carried.
D-10 A Hearing on 1999 Applications for State Transit Assistance.
Having no one wishing to be heard, President Hunziker closed the hearing.
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Agenda
Item
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D-12
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Clatin6l Meeting No_ 34 — December 7, 1 PAR
Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution Nos.
722-98 and 723-98 for Regular Route Transit for and Dial -A -Ride Transit to the
State of Minnesota. Ayes (7), Nays (0). Motion carried.
A Hearing to Consider Local Improvement Project No. 9829 (J-9536) "Sanitary
Sewer and Watermain to Serve Riverview Heights Subdivision".
Wishing to be heard was Richard Dale, Riverview Subdivision. Mr. Dale noted that
the residents are waiting for the commitment by the Council for sales tax dollars to
fund the project.
Councilmembers Senjem moved, McConnell seconded, to continue the hearing to
December 21, 1998. Ayes (7), Nays (0). Motion carried.
A hearing to Consider Local Improvement 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".
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers Hruska moved, Evans seconded, to adopt Resolution No. 724-98
ordering 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" to be made.
Ayes (7), Nays (0). Motion carried.
A Hearing To Consider the Levying of the Proposed Assessments 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".
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers Hruska moved, Stobaugh seconded, to adopt Resolution No. 725-
98 levying the assessments 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". Ayes (7), Nays (0). Motion carried.
4
A Hearing to Consider Amending Permit Parking zone #6 (Edison Area) on 5th
Street S.W., 500 Block and portions of 600 Block.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No.
726-98 adding Paragraph (3) to Residential Permit Parking Zone #6 (Edison Area)
to read:
(3) 5th Street S.W. on the south side of the street from 5th Avenue to 150
feet west of 6th Avenue. Between the hours of 7:00 A.M. to 5:00
P.M. Monday through Friday.
Ayes (7), Nays (0). Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
.CITY OF ROCHESTER, MINNESOTA 5427
Regular Council Meeting No. 34 — December 7. 1998
Agenda
Item
E-1-2, Councilmembers Stobaugh moved, Evans seconded, to approve the following
6-13, consent agenda items:
16-17,
19-28
E-1 Approved the minutes of the November 16, 1998 meeting and amended items D-10
and F-4 of the November 2, 1998 meeting.
E-2 Approved the expenditure of $3210.00 from the 1998 Contingency Account for
additional secure records storage at the Rochester International Airport.
E-3 I See at end of E items.
E-4 I See at end of E items.
E-5 I See at end of E items.
E-6 Approved the reimbursement of $5000 in expenses to the tunnel consultants for a
site visit and cost estimate for the DM & E Railroad study.
E-7 Approved the appropriation of $936.00 from the 1998 contingency fund to pay for
the associated sign costs along T.H. 63. T.H. 52, and T.H. 14 west for the "Laura
Ingalls Wilder" historic highway.
E-8 I Adopted the following Public Utility resolutions:
Resolution No. 727-98 union labor agreement for Office and Clerical Employees
covering the period of January 1, 1999 through December 31, 2001 with the
International Brotherhood of Electrical Workers,
Resolution No. 728-98 union labor agreement for Outside Employees covering the
period of January 1, 1999 through December 31, 2001 with the International
Brotherhood of Electrical Workers,
Resolution No. 729-98 purchase order with energy product Sales/Central Maloney
for distribution transformers in the amount of $95,126.00,
Resolution No. 730-98 purchase order with RESCO/Pauwels for distribution
transformers in the amount of $15,974.00,
Resolution No. 731-98 purchase order with EUSCO/General Electric for distribution
transformers in the amount of $91,823.00,
Resolution No. 732-98 purchase order with Graybar Electric for cable and
conductor in the amount of $78,157.64,
Resolution No. 733-98 purchase order with RESCO for cable and conductor in the
amount of $68,934.83,
Ir
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Resolution No. 734-98 purchase order with Border States Electric for cable and
conductor in the amount of $233,789.86,
Resolution No. 735-98 contract agreement with IBM Credit corporation for a three
year capital lease/purchase of an IBM AS400 Model 170 in the amount of
$101,989.46,
Resolution No. 736-98 purchase of R/3 business software consulting assistance
from December 1998 through April 1999 from various vendors in the amount of
$350,000.00.
Approved the following licenses and miscellaneous activities:
Annual Dance
Riptide Bar & Grill, 530 11th Avenue N.W.
Gambling — Temporary Raffle
Ben Franklin PTSA — raffle at Ben Franklin School — May 8, 1999
Pheasants Forever Tri-County Chapter — raffle at Radisson Plaza Hotel —
March 19, 1999
Ronald McDonald House — raffle at Rochester Community & Technical
College — February 7, 1999
Rochester Area Disabled Athletes & Recreation — Raffle — May 14, 1999
Moving Permits
Michael & Barbara Mathias — Oronoco — December 10, 1998
Progressive Builders — Rochester — December 1-4, 1998
(prior approvals for both moves from Councilmembers Hruska, Marcoux,
Evans and President Hunziker)
Master Plumbers
Dolder Plumbing & Hearing, Maple Plain
Approved issuance of an On -Sale Intoxicating Liquor License to Famous Dave's
BBQ Shack at 431 16t' Avenue N.W.
Approved payment of Accounts Payable at $2,113,844.20.
Adopted Resolution No. 737-98 amending and restating the City of Rochester's 457
plan (deferred compensation) programs to comply with IRC Section 457 required
changes and recommended optional changes.
Adopted Resolution No. 738-98 closing completed improvement projects and
transferring unexpended balances pursuant to Minnesota Statures, Section
429.091, Subd. 4, and authorizing the balance in the 401 Debt service -Permanent
Improvement Fund to be transferred to the 501 Permanent Improvement Fund
pursuant to Minnesota Statutes, Section 475.61, Subd. 4.
1
E-14
See at end of E items.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 5429
Regular Council Meeting No. 34 — December 7, 1998
Agenda
Item
E-15 See at end of E items.
E-16 Approved the promotion of Vernon Starke to the position of Captain in the
Rochester Fire Department effective December 12, 1998.
E-17 Approved the appointment of Bradly D. Weis to the position of Firefighter in the
Rochester Fire Department effective as soon as possible contingent upon
successful completion of an indepth background investigation, medical and
psychological examinations.
E-18 See at end of E items.
E-19 Approved the promotion of Charles Hermann to the position of Assistant Chief in
the Rochester Fire Department effective December 7, 1998.
E-20 Approved the promotion of Loren Hewitt to the position of Captain in the Rochester
Fire Department effective December 12, 1998.
E-21 Adopted Resolution No. 739-98 accepting $61,242.00 from the Local Law
Enforcement Block Grant and approving a local matching funding amount of
$6, 824.00.
E-22 Approved acceptance of $1000.00 donation from the Rochester Olmsted County
Safety Council for the Rochester Police Department Emergency Response Unit's
Peacekeeper.
E-23 Adopted Resolution No. 740-98 entering into an agreement with McGhie & Betts,
Inc. for the preparation of plans and specifications for Project No. J-9546
"Extension of Weiner Drive to Rocky Creek and Reconstruction of the Intersection
of Highway 63 and 315t Street N.E. and 6th Avenue N.E. and East Circle Drive."
E-24 Adopted Resolution No. 741-98 entering into an agreement with Yaggy-Colby, Inc.
for the preparation of plans and specifications for Project No. J-9469
"Reconstruction of Civic Center Drive from 2"d Street S.E. to 2"d Street N.E.".
E-25 Adopted Resolution No. 742-98 entering into a First Amendment to the City -Owner
Contract between the City of Rochester, R.L. Hexum & Associates, Inc. and Elcor
Construction for Project No. J-9519 "Sanitary Sewer, Watermain and Service
Connections to Serve Phase I of South Broadway Partners L.L.C. Development".
E-26 Adopted Resolution Nos. 743-98, 744-98 and 745-98 receiving the feasibility report,
order a hearing for the making of the project and ordering an assessment hearing
for Project No. 6008-99 (J-9520) "Reconstruction of 16th Street N.W. from 18th
Avenue N.W. to 19th Avenue N.W."
E-27 Adopted Resolution No. 746-98 entering into supplemental agreement #2 for
Project No. 6206-2-79 (J-8692) "Reconstruction of 6th Street S.E. from 3`d Avenue
S.E. to 13th Avenue S.E." at a cost of $2,420.00.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
.5430 Regular Council Meeting Alger cemher 7, 1998
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E-30
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E-32
E-33
E-34
E-35
E-36
E-37
E-3
Adopted Resolution No. 747-98 entering into supplemental agreement #4 for
Project No. 6206-2-79 (J-8692) "Reconstruction of 6th Street S.E. from 3`d Avenue
S.E. to 13th Avenue S.E." at a cost of $1,444.89.
Adopted Resolution No. 748-98 entering into supplemental agreement #1 for
Project No. 6110-92 (J-9215) "Reconstruction and Overlay of 181h Avenue N.W.
from 22"d Street N.W. to 37th Street N.W." at a cost of $38,680.00.
Adopted Resolution No. 749-98 entering into supplemental agreement #2 for
Project No. 6110-92 (J-9215) "Reconstruction and Overlay of 18th Avenue N.W.
from 22"d Street N.W. to 37th Street N.W." at a cost of $3,597.55.
Adopted Resolution No. 750-98 entering into supplemental agreement #2 for
Project No. 6306-3-95 (J-9328) "Reconstruction of 6th Avenue S.W. from 2"d Street
S.W. to 6th Street S.W." at a cost of $2,348.50.
Adopted Resolution No. 751-98 entering into supplemental agreement #3 for
Project No. 6306-3-95 (J-9328) "Reconstruction of 6th Avenue S.W. from 2"d Street
S.W. to 6th Street S.W." at a cost of $1,266.00.
Adopted Resolution No. 752-98 authorizing the City Clerk to advertise for bids for
January 6, 1999 for Project No. 9552 (J-6373) "Traffic Signal Modification on T.H.
63 from Civic Center Drive to 14th Street N.E."
Adopted Resolution No. 753-98 setting a public hearing for January 4, 1999 to
consider the expansion of Residential Permit Parking Zone #7 (Cummings Addition)
on both sides from Fourth Avenue to Sixth Avenue, and on Fifth Avenue N.W., on
both sides from Fourth Street to Civic Center Drive.
Adopted Resolution No. 754-98 amending Paragraph 9.5 of Section C "Special
Parking Zones" (Zone A- General) to read:
(9.5) Government Center Lot 7, spaces for handicapped parking only.
Adopted Resolution No. 755-98 amending the Parking Management Agreement
with APCOA/STANDARD by one month to January 31, 1999.
Approved the transfer of $13,260.98 for the 1997 Mass Transit Program from the
1997 general fund to the CIP account J-2091.
Ayes (7), Nays (0). Motion carried.
Terry Adkins, City Attorney, noted that the request is an amendment to a previous
contract with the U.S. Geological Survey for cost sharing of the river reporting
gauge at the South Fork of the Zumbro River at 37th Street N.W.
Councilmembers Stobaugh moved, McConnell seconded, to adopt Resolution No.
755A-98 approving an amendment to the joint funding agreement with the U.S.
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Agenda
Item
CITY OF ROCHESTER, MINNESOTA 5431
Regular Council Meeting No. 34 — December 7, 1998
Geological Survey for the continuation of the river reporting gauge for the South
Fork of the Zumbro river at 37th Street N.W. Ayes (7), Nays (0). Motion carried.
E-4 , Gary Neumann, Assistant City Administrator, asked that this item be withdrawn.
The Park Department internally without Council action can handle the access
agreement to Soldier's Field Golf Course for- the Car Wash Site Investigation.
E-5 Councilmember Hruska wanted to thank the various educational institutions, sports
organizations, and Roy Sutherland for all the work on the joint powers agreement
for athletic fields at the RCTC campus.
Councilmembers Hruska moved, Stobaugh seconded, to adopt Resolution No.
755E-98 approving the Joint Powers Agreement for use, operation and
maintenance of the athletic fields at the RCTC Campus. Ayes (7), Nays (0).
Motion carried.
E-14 Terry Adkins, City Attorney, noted that the agreement with the Riverland
Community College for an evaluator for the Motor Operator Exam needs to be
executed by the Mayor and City Clerk per the Home Rule Charter.
Councilmembers Marcoux moved, McConnell seconded, to adopt Resolution No.
755C-98 entering into an agreement with Riverland Community College for the
purpose of providing an evaluator for the Motor Operator Exam. Ayes (7), Nays (0).
Motion carried.
E-15 Councilmember Senjem asked about the process of promotion within the Fire
Department. He noted requirements within the procedures called "command
experience" being five years. He stated that the Fire Civil Service Commission
assumed that as nominations are brought forward the five-year requirement would
have been met. Councilmember Senjem stated that the individual, Dan Slavin,
recommended to fill the position of Deputy Chief has only been a Captain within
recent years.
Dave Kapler, Fire Chief, stated that there were 39 applicants, two within the
department. Applications were review by the human resources office and Chief
Kapler to determine if minimum qualifications were met. The fire command
experience was determined to be anything equivalent to a Captain's level of
responsibility in a fire department. Mr. Slavin had about two years as Captain in the
Rochester Fire Department, worked in a supervisory position of the Riverland
Technical College as a fire training coordinator for several years, has been working
the capacity of Deputy Chief for approximately six months, and worked as a fire
training coordinator for the Rochester Fire Department, prior to being a Captain, but
at a Captain's level position for one year. Therefore, cumulatively, it was felt that
he had six or seven years of comparable experience.
Councilmembers Evans moved, Marcoux seconded, to appoint Dan Slavin to the
position of Deputy Chief in the Rochester Fire Department effective December 7,
1998. Ayes (7), Nays (0). Motion carried.
IF __
5932
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Councilmember Senjem asked whether the authorization for the additional
Assistant Chief Position for approximately a two -month period should be approved.
The current ordinance says three assistant chiefs rather than four in the
department. He asked whether the item should be held until the end of January,
1999.
Terry Adkins, City Attorney, noted that RCO 17.01 stated that the Fire Department
shall consist of one chief and other positions as determined by resolution of the
Common Council. He sated that the current ordinance does not provide a specific
number of assistant chiefs.
Councilmembers McConnell moved, Marcoux seconded, to adopt Resolution No.
755D-98 authorizing one additional assistant fire chief position for the period of
December 7, 1998 to January 31, 1999. Ayes (7), Nays (0). Motion carried.
Councilmembers McConnell moved, Marcoux seconded, to approve the transfer of
$60,000 from the Quarry Hill CIP for the expansion project. Ayes (7), Nays (0).
Motion carried.
Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
756-98 entering into a grant agreement with the Minnesota Board of Water and Soil
Resources for hillside nutrient uptake zone identification and protection. Ayes (7),
Nays (0). Motion carried.
Councilmembers Evans moved, Marcoux seconded, to adopt Resolution No. 757-
98 supporting the Transportation enhancement Projects for FY 2001 and FY 2002.
Ayes (7), Nays (0). Motion carried.
Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 758-
98 entering into assessment agreements with abutting property owners for the
construction of Arboretum Drive N.W. from Lincolnshire 8th to 41st Street N.W.,
Project No. J-4892. Ayes (7), Nays (0). Motion carried.
Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No.
759-98 authorizing the application to the Minnesota Department of Natural
Resources for funding of project No. J-4892 "Construct Pond EP-11 east of 36th
Avenue S.E., EP-12 west of 36th Avenue S.E. and EP-15 east of Circle Drive and
north of CSAH 9" and designating Richard Freese, Public Works Director, as the
Authorized Official for the project. Ayes (7), Nays (0). Motion carried.
Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No.
760-98 amending Sections of Chapter "K" of the Comprehensive Traffic and
Parking Resolution Book to read:
1) Monthly Rates; increase all Monthly Rates for parking ramps by
$2.00 a month.
2) Provide for a 10% discount for the Meter Cash Key.
1
Ayes (7), Nays (0). Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 5433
Regular Council Meeting No. 34 — December 7. 1998
Agenda
Item
F-7 Councilmember Senjem asked that the Council reconsider their previous decision
to look into the possibility of sharing a Human Resources Director with Olmsted
County. He asked that the Council take a formal vote on the matter.
Councilmember Senjem stated that he had talked with Paul Wilson, Olmsted
County Board Chairperson, who expressed frustration with the Council's decision
on the joint human resources position. Councilmember Senjem noted that the
County Board had extended, through a letter, an offer to discuss the possibilities.
He felt that unless the opportunity is taken at this point, it may not be possible to
reconsider such a move for 20-25 years.
Councilmember McConnell noted that the matter should be at least looked at with
the County Board.
Steve Kvenvold, City Administrator. Mr. Kvenvold noted that this matter has had
numerous discussions since 1990. The community -appointed task force, made up
of individuals from the private and public sectors and Chamber of Commerce, said
that the three bodies of government (City, County and School District) should not
integrate this function but look at ways in which to collaborate which has been done
since that time.
Councilmember Hruska stated that he would like to see the City meet with the
County and look at the merger of the position. If the inefficiencies of merger are
there, then it should not be, but at least look at the possibility.
Councilmember Stobaugh stated that he has studied the possibility of the merger of
the position over the years. But, as he has studied it, he is concerned about how a
unified position could serve both organizations well since it's more internally served
than externally. Councilmember Stobaugh noted that the joint maintenance garage
has been looked at and gone nowhere; he is not sure that starting with the human
resources director is the place to start.
Councilmember Marcoux agreed with looking at government efficiency but this is an
internal service which has been looked at before and found that merger would not
provide a better service and wouldn't be cost effective; an additional position would
also have to be approved to take up the slack.
Councilmember Evans said that possibly five years ago he would have been ready
to vote for merger of the position but today, after looking at everything, no
advantage would be gained. He stated that no business people, private citizens, or
county board members have approached him about the issue.
Councilmembers Evans moved, Marcoux seconded, to open the position of Human
Resources Director for the City of Rochester. Discussion.
Mayor Canfield noted that the County has kept their position open in the County for
the purpose of looking at the possibility of sharing the position. A committee looked
at the legal departments to discuss the possibility of merger. What came out of that
committee was that the City should hire two more attorneys, which the Council did
not accept. We can unify functions but if the two bodies are going to remain
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
5434, Regular Council Meeting No. 34 — December 7, 1998
Agenda
Item
G-2a
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independent, their internal functions would have to be the same to merge. Another
layer of governance by hiring an overall human resources director for the City and
County, and assistants within each, is an inappropriate way for us to use our time.
President Hunziker said that the real discussion that needs to occur is the
discussion of one government for the City and County; one metro government.
After that decision has been made then we have the discussions on how we merge
internal function departments. Until there is one form of government, people are
only trying to fit a square peg into a round hole.
Ayes (4), Nays (3). Motion carried. Councilmembers Hruska, McConnell and
Senjem voted nay.
An Ordinance Rezoning Certain Property From the R-1 District to the R-1x 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.
(11 multiple family units)
An Ordinance Annexing to the City of Rochester Approximately .33 Acres of Land
Located in Lot 18, Block 6, Sunnydale Subdivision, Olmsted County, Minnesota,
was given a first reading. (North side of Strathmore Lane S.E., west of 40th Avenue
S.E.)
An Ordinance Annexing to the City of Rochester Approximately 13.57 Acres of
Land Located in a Part of the South Half of the Southwest Quarter of Section 19,
Township 107 North, Range 13 West, Olmsted County, Minnesota, was given a first
reading. (South of Rocky Creek Drive, west of East Circle Drive).
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 second
reading. Councilmembers McConnell moved, Senjem seconded, to adopt the
Ordinance as read. Ayes (7), Nays (0). Motion carried. (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 second reading. Councilmembers Stobaugh moved, Senjem
seconded, to adopt the Ordinance as read. Ayes (7), 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 second
reading. Councilmembers Hruska moved, Evans seconded, to adopt the
Ordinance as read. Ayes (7), Nays (0). Motion carried. (4 lots south of 9th Street
N.W., east of 37th Avenue N.W.; 4 lots north of 9th Street N.W., west of 381h Avenue
N.W.)
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 5435
Regular Council Meeting No. 34 — December 7 1998
Agenda
Item
G-3d 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
second reading. Councilmembers McConnell moved, Stobaugh seconded, to
adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried.
G-3e 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 Code
and the Uniform Building Code, was given a second reading. Councilmembers
McConnell moved, Hruska seconded, to adopt the Ordinance as read. Ayes (7),
Nays (0). Motion carried.
G-4 Councilmembers Stobaugh moved, Senjem seconded, to adopt Resolution No.
761-98 entering into a City -Owner Contract with Westridge Hills, Inc. and Friedrich
Construction for Project No. J-9547 "Watermain to Serve Stanton's Second
Subdivision". Ayes (7), Nays (0). Motion carried.
Having no further business, Councilmembers Hruska moved, Stobaugh seconded,
to adjourn the meeting. Ayes (7), Nays (0). Motion carried.
Ci y Clerk