HomeMy WebLinkAbout02-21-1996RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 4609
Regular Adjourned Meeting No. 4 - February 21, 1996
Agenda
Item
A-1 President Hunziker called the meeting to order at 7:00 P.M. with the following
members present: Councilmembers Evans, Hruska, Marcoux, McConnell,
Senjem, Stobaugh. Absent: None.
B-1 A Hearing on Annexation by Ordinance Petition #96-3 by Ronald Seeger of
Property Located in the W-1/2 of the SW 1/4 of Section 8, Cascade Township.
Wishing to be heard was Bill Tointon, McGhie and Betts, representing the
petitioner and landowner. He noted that once the annexation process is
completed, they will address the general development plan, the preliminary plats
and the drainage concerns in the area.
Councilmembers noted that they did not have a problem with the annexation but
were concerned with the drainage issue that has been raised by several
residents in the adjoining North Park area.
Wishing to be heard was Scott Lampland, 2510 Schuster Lane N.W.
Mr. Lampland owns the land directly west of the proposed annexation. He is
asking that if the lands are annexed, that the entire parcel be annexed so that
the drainage problems can be dealt with.
Wishing to be heard was Cliff Carlson, 4486 56th Street N.W.. Mr. Carlson
asked that the annexation be delayed until there is a general development plan
to deal with the drainage issue.
Wishing to be heard was Tom Meilander, 3210 Pinewood Road S.E.,
Mr. Meilander noted that he is a realtor and has sold many of the homes that are
now in danger of possible drainage problems because of this possible
development. He asked that the problems be carefully studied and to proceed
with caution.
Having no one further wishing to speak, President Hunziker closed the hearing.
Discussion. Mr. Tointon noted that their is a general development plan in
existence but that they are proceeding very carefully to clear up any drainage
problems and are working closely with the Public Works Department on the
problem before the Plan is brought to the Council for action. He noted that the
applicant is willing to annex further lands if necessary. Approval of the
annexation is the first step needed in this process.
Councilmembers Senjem moved, Hruska seconded, to instruct the City Attorney
to prepare the ordinance for annexation of the property located in the W1/2 of the
SW1/4 of Section 8, Cascade Township. Ayes (7), Nays (0). Motion carried.
B-2 A Hearing on the Final Plat #96-1 to be known as FoxCroft East Second
Subdivision.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
.4610 Regular A .o irn _d Mectinq No 4 - February21, 1996
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Wishing to be heard was John Klopp, 805 Foxcroft Circle. Mr. Klopp noted that
he was in full agreement with all comments and recommendations concerning
the final plat.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution
No. 074-96 approving the final plat for FoxCroft East Second Subdivision with the
five conditions recommended by the Planning staff. Ayes (7), Nays (0). Motion
carried.
A Hearing on the General Development Plan #118 to be known as Northern
Heights North.
Wishing to be heard was Don Borcherding, Yaggy Colby Associates, 2129
Northview Lane N.E.. Mr. Borchering noted that he had no problem with the two
conditions as recommended. In response to a question about two accesses onto
East Circle Drive; he noted that one had been removed.
Having no one further wishing to speak, President Hunziker closed the hearing
Councilmembers Evans moved, McConnell seconded, to approve the General
Development Plan #118 for Northern Heights North. Ayes (7), Nays (0). Motion
carried.
A Hearing on the Zone Change Request #96-1 by Arnie Bomgaars from the R-1
District to the R-2 District.
Wishing to be heard was Don Borcherding, Yaggy Colby Associates, 2129
Northview Lane N.E. He stated that this item is the zone change for the
Northern Heights North general development plan previously approved in item
B-3.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmembers Marcoux moved, Stobaugh seconded, to instruct the City
Attorney to prepare an ordinance for Zone Change Request #96-1 including the
four findings of the Planning Commission. Ayes (7), Nays (0). Motion carried.
B-5 A Hearing on Type III, Phase II, Land Subdivision Permit (Preliminary Plat) #96-1
to be known as Northern Heights North 1st Subdivision.
Wishing to be hearing was Don Borcherding, Yaggy Colby Associates, 2129
Northview Lane N.E. Mr. Borcherding noted that there were no problems with
the conditions recommended.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 4611
Regular Adjourned Meeting No. 4 - February 21, 1996
Agenda
Item
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmembers Stobaugh moved, Evans seconded, to approve the Type III,
Phase II, Land Subdivision Permit #96-1 to be known as Northern Heights North
1st Subdivision with the eight recommendations from the Planning Department.
Ayes (7), Nays (0). Motion carried.
B-6. A Hearing on Special Assessments: Sidewalk Replacement Project No. 9-1995
J-9355.
Having no one wishing to speak, President Hunziker closed the hearing.
Councilmembers Senjem moved, Hruska seconded, to adopt Resolution No. 075-
96 leving the proposed assessments for Sidewalk Replacement Project No. 9-
1995 J-9355. Ayes (7), Nays (0). Motion carried.
B-7 A Hearing on the Annexation by Ordinance Petition #96-2 by Rabehl Properties
of Property Located in the NW 1/4 of Section 32, Cascade Township.
Wishing to speak was Cedric Schutz, Land Consultants, working with those
involved with the annexation. He stated that he was available in the event that
there were any questions.
Having no one further wishing to speak, President Hunziker closed the hearing.
Discussion. It was recommended by the City Administrator's Office that
homestead parcel of the Rabehl property not be annexed at this time. The
Rabehl owners are opposed to being annexed to the City.
Councilmembers Stobaugh moved, Evans seconded, to instruct the City Attorney
to prepare an ordinance annexing property located in the NW 1/4 Section 32,
Cascade Township, known as the Rabehl Property, without annexing the Rabehl
homestead parcel. Ayes (7), Nays (0). Motion carried.
B-8 A Hearing on Type III, Phase II Zoning Ordinance Test Amendment to add
provisions permitting "Bed and Breakfasts" as a Type II use under the accessory
use provisions of 62.278 of the Land Development Manual.
Wishing to speak was Robert Hanson, 826 Fifth Street S.W. Mr. Hanson was in
favor of the ordinance change; he noted that he had looked at something similar
earlier in the year but there was no ordinance addressing the issue.
Having no one further wishing to speak, President Hunziker closed the hearing.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
462 CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 4 - February 21, 1996
Agenda
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Councilmembers Hruska moved, Stobaugh seconded, to instruct the City
Attorney to prepare an ordinance for Type III, Phase II Zoning to add provisions
permitting "Bed and Breakfasts" as a Type II use under the accessory use
provisions of 62.278 with the three criteria as listed. Ayes (7), Nays (0). Motion
carried.
Councilmembers Evans moved, McConnell seconded, to adopt resolutions
approving the following consent agenda items:
Approval of the minutes of the January 22, 1996 meeting.
Approval of the following licenses and bonds:
Circus
Rochester Jaycees for George Garden Circus Vegas - February 28, 1996
Gambling - Premise Permits
Minnesota Operators of Music & Amusements at Mugzee's and Sir John
Barley Come Restaurant
Sign Installers
Demars Signs, Incorporated of Coon Rapids, Minnesota
Miscellaneous Activities
Rochester Area Alliance for the Mentally III - Walk for Research Around
Silver Lake - May 18, 1996
Paws and Claws Humane Society - Pet Walk - May 4, 1996
Adopt Resolution No. 076-96 authorizing the Mayor and City Clerk to execute
Change Order No. 10 and 11 for the Airport Records Center Project in the
amount of $1,884.74.
Approve the Accounts Payable in the amount of $1,664,859.58.
Adopt Resolution No.077-96 adding the firm of Miller and Schroeder Financial,
Incorporated to the list of approved firms to provide services for the purpose of
investing in direct U.S. Government obligations, Federal Agency issues,
commercial paper, bankers acceptance, and repurchase agreements; and
Adopt Resolution No. 078-96 assigning additional securities in the amount of
$500,000.00 as collateral in lieu of a depository bond and releases in the amount
of $500,000.00 from the Marquette Bank and Trust Company, Rochester,
Minnesota.
C-6 Adopt Resolution No. 079-96 entering into an agreement with McGhie & Betts,
Incorporated to prepare plans and specifications for the construction of a sanitary
sewer relief trunkline along the DM&E Railroad from approximately 1500 feet
west of TH 52 to Cascade Creek.
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RECORD OF OFFICIAL- PROCEEDINGS OF .THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA �613
Regular Adjourned Meeting No. 4 - February 21, 1996
Agenda
Item
C-7 Adopt Resolution No. 080-96 entering into a agreement with McGhie & Betts,
Incorporated to provide design and construction services for Project No. 9602 J-
9361 "Watermain Extension from South Pointe Second Subdivision to Machinery
Hill Subdivision".
Ayes (7), Nays (0). Motion carried.
D-1 Wishing to speak was Gary Finhold, 2467 Aspen Lane S.W.. Mr. Finhold lives
above and east of the dome which incorporated an indoor golf range. Golf balls
are driven without any nets or padding within the unit and the noise level from
8:00 A.M. to late at night is like that of shotguns being used. Mr. Finhold then
proceeded to show a video tape of the area with the sound of the golf balls
hitting the dome in the background.
After further discussion, including Councilmember McConnell noting that he had
actually gone and used the facility, it was referred to staff to determine what can
be - done to alleviate the problem.
E-1 Councilmembers Evans moved, Hruska seconded, to adopt Resolution No. 081-
96 appointing Judy Scherr as Acting City Clerk, effective March 1, 1996. Ayes
(7), Nays (0). Motion carried.
E-2 Councilmembers Senjem moved, Stobaugh seconded, to initiate an amendment
to the zoning ordinance to revise provisions relating to the zoning of lands upon
annexation by referring this matter to the Planning and Zoning Commission.
Ayes (7), Nays (0). Motion carried.
E-3 Councilmembers Hruska moved, McConnell seconded, to initiate the process to
amend the zoning ordinance by referring the matter to the Planning and Zoning
Commission to provide for a process "stay" a proposal based on Council action
to request preparation of an interim moratorium ordinance. Ayes (7), Nays (0).
Motion carried.
E-4 Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution
No. 082-96 transferring BR-1 Reservoir Lands to Olmsted County and Accepting
Wr-4, SR-2, KR-3, KR-6 and KR-7 lands from Olmsted County. Ayes (7), Nays
(0). Motion carried.
E-5 Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
083-96 retaining the Corps of Engineers to develop a cost estimate for the long-
term maintenance, operation, and replacement elements for the Corps of
Engineers project. Ayes (7), Nays (0). Motion carried.
E-6 Councilmember McConnell stated that he would not be voting for the retention of
consultant services to look at the cable re -franchising with TCI because he has
reservations about TCI getting involved and the cost of consultant services paid
for by subscriber services. Because the City has had no voice in TCI in the past
with subscriber services or rate increases, he felt that their involvement in the
study would compromise the City.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
4614 CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 4 - February 21, 1996
Agenda
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Gary Neumann, Assistant City Administrator, explained that the only involvement
TCI will have will be the sharing of costs but that the consultant will work
exclusively for the City at the direction of the City to assist with customer survey
and technical review.
Councilmembers Senjem moved, Evans seconded, to Adopt Resolution No. _084-
96 retaining SNG Research to perform the customer satisfaction survey for a
cost not to exceed $6,800; to retain Communications Support Corporation to
perform the technical review of the TCI system for a cost not to exceed $8,550;
and to approve an agreement with TCI for an increase in the franchise fee to
cover the consultant costs incurred for the franchise renewal process. Ayes (6),
Nays (1). Motion carried. Councilmember McConnell voted nay.
Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No.
085-96 to execute an agreement with Olmsted County for the new City Animal
Shelter. Ayes (7), Nays (0). Motion carried.
Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution
No. 086-96 granting preliminary approval of the refunding of 1991 Series Bonds
as requested by Samaritan Bethany, Incorporated. Ayes (7), Nays (0). Motion
carried.
Councilmembers Hruska moved, Stobaugh seconded, to adopt Resolution No.
087-96 approving change order #8 to the Knutson City Hall contract in the
amount of $17,571.00. Ayes (7), Nays (0). Motion carried.
Councilmembers McConnell moved, Evans seconded, to adopt Resolution No.
088-96 approving change order #4 to the Weis Fire Station No. 1 contract in the
amount of $10,613.00. Ayes (7), Nays (0). Motion carried.
Councilmembers Evans moved, Hruska seconded, to adopt Resolution No. 089-
96 approving a professional services agreement for the Rochester Public Utility
Board with KEMA-ECC, Incorporated for Engineering Services for SCADA
System Replacement - 1996 - not to exceed $49,600.00. Ayes (7), Nays (0).
Motion carried.
Councilmembers McConnell moved, Stobaugh seconded, to deny the request
from Mark Townsend, owner of Mugzee's, 524 11th Avenue N.W., requesting a
sound amplification permit for March 15, 16, and 17, 1996.
Discussion. The Council asked that the applicant, Mark Townsend, explain the
purpose of the sound amplification permit which was to promote business during
the St. Patrick's Day weekend. Councilmembers noted that they were concerned
about not only the noise but the possibility of parking problems. A note was
received from Pat Farrell, -Police Chief, also concerned about the noise and
parking situation and objecting to the issuance of the permit.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 4615
Regular Adjourned Meeting No. 4 - February21, 1996
Agenda
Item
After further discussion, Councilmembers McConnell and Stobaugh substituted
their motion and second to allow the sound amplification permit from 6:00 to
10:30 P.M. Friday and Saturday evenings, March 15 and 16, and hold the music
down.
After continued further discussion, Councilmembers Hruska and Evans
substituted the motion and second to adopt Resolution No. 90-96 to approve the
Sound Amplification Permit for Mugzee's for 7:00 P.M. to 12 Midnight on
Saturday, March 16, 1996. Ayes (7), Nays (0). Motion carried.
E-13 Councilmembers Hruska moved, Stobaugh seconded, to adopt Resolution No.
091-96 authorizing the City Clerk to advertise for bids to be opened on March 7,
1996 for the purchase of a Mobile Fire Safety Demonstration House for the Fire
Department. Ayes (7), Nays (0). Motion carried.
E-14 Councilmembers McConnell moved, Evans seconded, to adopt Resolution No.
092-96 approving a labor agreement with Local 520, International Association of
Fire Fighters, for the years 1996, 1997 and 1998.
Discussion. Councilmember Senjem objected to the agreement noting that a
9.75 percent increase for the next three years was too high for his approval.
Councilmember Evans stated that the agreement was reached in good faith by
both parties and fell into the guidelines given to the bargaining staff.
Ayes (6), Nays (1). Motion carried. Councilmember Senjem voted nay.
E-15 Councilmember McConnell objected to the recommended percentage increase
guidelines proposed for non-exempt employees not covered by a bargaining unit
for 1996 for 0 - 5 percent. He felt that raises should go no higher than 4
percent. Councilmember Senjem felt that raises should only be 3 percent.
City Administrator Steve Kvenvold noted that the approved City budget will not
allow raises to exceed 3 percent of the total budget but the guidelines are
intended to allow merits of up to 5 percent for those exceptional performers.
Councilmembers McConnell moved, Evans seconded, to adopt Resolution No.
093-96 approving the Percentage Increase Guidelines for 1996 as 0 - 4%. Ayes
(5). Nays (2). Motion carried. Councilmembers Marcoux and Stobaugh voted
nay.
Councilmembers Stobaugh moved, Hruska seconded, to approve the grade
adjustments of 3 and 4 percent as stated. Ayes (5), Nays (2). Motion carried.
Councilmembers McConnell and Senjem voted nay.
E-16 Flat Assessment Rate for Concrete Curb and Gutter. This item was withdrawn at
the request of the City.
E-17 I Project No. 5815-95 J-9331 "Grind, Overlay and Concrete Curb and Gutter on
Northern Heights Drive from 7th Avenue N.E. to Northern Valley Drive". This
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
4616 Regular Adjourned Meeting No. 4 - February 21, 1996
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item was withdrawn at the request of the City.
Councilmembers Hruska moved, Stobaugh seconded, to adopt Resolution No.
094-96 and 095-96 entering into an assessment agreement with Anthony J.
Bianco for CTV 44, Plat 8190, Parcel 000200 and CTV 44, Plat 8190, Parcel
000300 for Project No. J-9024 "Bamber Valley Trunkline Sanitary Sewer". Ayes
(7), Nays (0). Motion carried.
Councilmembers McConnell moved, Stobaugh seconded, to deny the installation
of a parking restriction on Fifth Avenue S.W./500 Block. Ayes (7), Nays (0).
Motion carried.
Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution
No. 096-96 restricting parking by amending paragraph (199.5) of Section B, "No
Parking Zones" to read: 13th Street N.W., on the south side from Broadway to a
point 200 feet west of Broadway, 7:00 am to 6:00 pm, Monday through Friday."
Ayes (7), Nays (1). Motion carried. Councilmember Evans voted nay.
Councilmembers Stobaugh moved, Evans seconded, to instruct the City Attorney
to prepare an ordinance amending Section 55.09 relating to the determination of
appeals concerning the Fire Code and eliminating the Fire Code Board of
Appeals. Ayes (7), Nays (0). Motion carried.
An Ordinance amending Section 55.09 of the Rochester Code of Ordinances,
relating to the determination of appeals concerning the Fire Code and eliminating
the Fire Code Board of Appeals was given a first reading.
An Ordinance annexing to the City of Rochester approximately 14.51 acres of
land located in the West 1/2 of the SW 1/4 of Section 8, Township 107 North,
Range 14 West, Olmsted County, Minnesota was given a first reading. (North of
55th Street N.W., north of Douglas Trail - Ronald Seeger property)
An Ordinance rezoning certain property 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. (Northern Heights North)
An Ordinance annexing to the City of Rochester approximately 35.15 acres of
land located in the NW 1/4 of Section 32, Township 107 North, Range 14 West,
Olmsted County, Minnesota was given a first reading. (South of 7th Street N.W.,
west of 43rd Avenue N.W. - Rabehl property)
An Ordinance amending and reenacting Section 62.278 of the Rochester Code
of Ordinances by Adding subsection 10, relating to the regulation of Bed and
Breakfast accessory uses was given a first reading.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 4617
Regular Adjourned Meeting No. 4 - February 21, 1996
Agenda
Item
F-3 An Ordinance Creating and Enacting Section 37.07 of the Rochester Code of
Ordinances, Relating to the City's Authority to Seek Judicial Enforcement of an
Order to Vacate Condemned Dwellings was given a second reading.;
Councilmember McConnell moved, Senjem seconded, to adopt the Ordinance as
read. Ayes (7), Nays (0). Motion carried.
H-1 Councilmember Senjem stated that he represents people in back of the Fire
Station on 16th Avenue S.W. who are feeling like "hostages" knowing that the
Department of Transportation may not be doing anything until the year 2000 in
buying out their property for the highway 52 expansion project. Richard Freese,
Public Works Director, noted that MNDOT will be asking for a meeting with the
Council within the next 60 days and may present an opportunity to discuss this
issue. Gary Neumann, Assistant City Administrator, suggested that legislators be
made aware that in the early stages of projects, monies are set aside to fund the
projects so that they do not end up sitting on the back burner when something
more important is raised.
H-1 Councilmember Hruska said that he had parked in the Civic Center Ramp and
attended an event at the Civic Center over the weekend but when it came time
to pay for the parking, no one was available to take the money even though the
attendant was in the booth.
Having no further business, Councilmembers Marcoux moved, Senjem seconded
to adjourn the meeting.
eputy ity Clerk