HomeMy WebLinkAbout04-15-1996RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
4650 CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 9 - April 15, 1996
Agenda
Item
A-1
M
B-3
B-4
President Hunziker called the meeting to order at 7:00 P.M. with the following
members being present: Councilmembers Evans, Hruska, Marcoux, McConnell,
Senjem and Stobaugh. Absent: None.
A Hearing on the Proposed Charter Amendment Establishing Use of Rules of
Construction in Interpreting Charter Provisions.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers Evans moved, Stobaugh seconded, to instruct the City Attorney
to prepare an ordinance for adoption on Establishing Rules of Construction in
Interpreting Charter Provisions. Ayes (7), Nays (0). Motion carried.
A Hearing on the Proposed Charter Amendment on Prohibition Against City
Employees Holding an Elected Position with the City.
James Engh, member of the Charter Commission, spoke about the
Commission's concern that employees, as members of the Common Council,
could be incompatible and may jeopardize the integrity of the Council.
Having no one further wishing to speak, President Hunziker closed the hearing.
The City Attorney noted that if the ordinance does not pass the Council
unanimously, then the attempt to amend the Charter by ordinance will fail. The
Charter Commission can then decide to drop the matter or send it to the
electorate at a special or general election. However, the City Attorney stated
that the immediate issue was whether an appropriate ordinance should be
prepared.
Councilmembers Stobaugh moved, McConnell seconded, to instruct the City
Attorney to prepare an ordinance on Prohibition Against City Employees Holding
an Elected Position with the City. Ayes (6), Nays (1). Motion carried.
Councilmember Evans voted nay.
A Hearing on Final Plat #96-9 to be known as Essex Estates Townhomes.
It was noted that the grading and drainage plan has been submitted to the Public
Works Department and is acceptable.
Having no one wishing to speak, President Hunziker closed the hearing.
Councilmembers Senjem moved, Hruska seconded, to adopt Resolution No. 174-
96 approving Final Plat #96-9 to be known as Essex Estates Townhomes. Ayes
(7), Nays (0). Motion carried.
A Hearing on Zone Change Request #96-4 by Younge Development Company,
from the PUD R-93 District to the R-1 District.
C
Having no one wishing to speak, President Hunziker closed the hearing.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 9 - April 15 1996 4651
Agenda
Item
Councilmembers McConnell moved, Evans seconded, to instruct the City
Attorney to prepare an ordinance on Zone Change Request #96-4 by Younge
Development incorporating the findings of the Planning Commission as stated.
Ayes (7), Nays (0). Motion carried.
B-5 IA Hearing on Annexation by Ordinance Petition #96-7 by Arnie Bomgaars on
Property Located in the SE 1/4 of the SE 1/4 of Section 9, Rochester Township.
Having no one wishing to speak, President Hunziker closed the hearing.
Councilmembers Evans moved, Marcoux seconded, to instruct the City Attorney
to prepare an ordinance on Annexation Petition #96-7 by Arnie Bomgaars on
property in Section 9, Rochester Township. Ayes (7), Nays (0). Motion carried.
B-6 A Hearing on Levying Proposed Assessments Project No. 9216 (J-9265)
"Construction of Water Tower and connecting Trunk Mains to serve the High
Level District of the Northwest Area in Sections 7, 8, 9, 17, 20 and 21 of
Cascade Township".
Having no one wishing to be heard, President Hunziker closed the hearing. It
was noted that an objection to theproposed. assessment was received by Robert
T. Ward, President, Cordul Establishment, Incorporated.
Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution
No. 175-96 levying the proposed assessments on Project No..9216 (J-9265).
Ayes (7), Nays (0). Motion carried.
B-7 A Hearing to Consider Local Improvement Project No. 6232-1-92 (J-9252)
"Sanitary Sewer and Watermain Extension in 32nd Street N.E. - Morris' Second
and Third Subdivisions".
Wishing to be heard was Kathryn Rayburn, 513 32nd Street N.E. Ms. Rayburn
stated that the project was badly needed, that additional owners of property are
now interested and urged the Council to approve the project.
Having no one further wishing to speak, President Hunziker closed the hearing.
Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 176-
96 ordering Project No. 6232-1-92 (J-9252) to be made. Ayes (7), Nays (0).
Motion carried.
B-8 A Hearing on the Permit Parking Petition for Ninth Avenue S.E./1300 and 1400
Blocks (expansion of Meadow Park Permit Parking Zone).
Wishing to be heard was Kurt Nelson, 1404 Ninth Avenue S.E., supporting the
expansion of the permit parking area.
4652
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 9 - April 15, 1996
Agenda
Item
Wishing to be heard was Dan McCormick, 1353 Ninth Avenue S.E., supporting
the petition. He noted that the school has adequate parking for the students but
they continue to expand into the neighborhood, depositing their trash as they
park.
Wishing to be heard was Jerry Hansen, 1374 Ninth Avenue S.E., supporting the
permit parking expansion area.
Wishing to be heard was Irvin Plitzuweit, Eyota, Minnesota, owning property at
1419 and 1427 Ninth Avenue S.E.. Mr. Plitzuweit was in favor of the expansion
of the parking area; he noted that his tenants have expressed their concern with
the students in the area.
Having no one further wishing to speak, President Hunziker closed the hearing.
Councilmembers Marcoux moved, Evans seconded, to adopt Resolution No.
177-96 approving the expansion of the Meadow Park Permit Parking area into
the 1300 and 1400 blocks of Ninth Avenue S.E. Ayes (7), Nays (0). Motion
carried.
B-9 A Hearing on Final Plat #95-10 to be known as Glendale Hills Second
Subdivision.
Wishing to be heard was Dave Morrill, McGhie and Betts, representing the
applicant, Glendale Partners of Rochester, Incorporated. Mr. Morrill noted that
the conditions for easements for the extension of the water line and turnaround
are in progress.
Having no one further wishing to speak, President Hunziker closed the hearing.
Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution
No. 178-96 approving Final Plat #95-10 to be known as Glendale Hills Second
Subdivision with the five conditions as recommended by the Planning
Department. Ayes (7), Nays (0). Motion carried.
B-10 A Hearing on Type III, Phase II, Land Subdivision Permit (Preliminary Plat) #96-7
to be known as Northern Heights East 12th Subdivision.
Wishing to be heard was Don Borcherding, 2129 Northview Lane N.E., Yaggy-
Colby Associates, representing the applicant, Payne Company. Mr. Borcherding
was available for questions.
Wishing to be heard was Diane Wilaby, 1926 Viola Heights Lane N.E. Mr.
Wilaby is concerned about the amount of traffic on the corner of 26th Street and
Viola Road.
Having no one further wishing to speak, President Hunziker closed the hearing.
Richard Freese, Public Works Director, spoke on the issue of 26th Street and
1
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 9 - April 15, 1996 4653
Agenda
Item
Viola Road. He stated that the Department plans to have a meeting with the
neighbors in late April or early May to receive their concerns and/or input into the
problem. Solutions could be either a cul-de-sac or vacation. However, he felt
that a cul-de-sac would not be recommended but rather a change to the design
of 26th Street which would involve no additional platting or vacating.
Councilmembers Senjem moved, McConnell seconded, to approve Land
Subdivision Permit #96-7 based on the applicable criteria and standards of the
Rochester Land Development Manual and instruct the City Attorney to prepare
findings of fact and conclusions of law. Ayes (7), Nays (0). Motion carried.
B-11 1 A Hearing on the General Development Plan #119 to be known as White Oaks.
An overview of the development was given by Jane Kansier, Planning
Department. Don MacGillivray, Public Works Department, addressed the
drainage problems and the concerns of the residents in North Park noting that
the City will be installing a new culvert in 55th Street N.W., just east of the
proposed development.
Wishing to be heard was Bill Tointon, McGhie and Betts, representing the
applicant, Dakota of Rochester. Mr. Tointon addressed the drainage plan for the
proposed development by describing the detention pond, wetland and park areas
and how it will serve the runoff problem. He stated that the four conditions
placed on the development by the Planning Commission would be completed.
Councilmember McConnell noted his disapproval with the project because of the
drainage issue and its potential for overflow into North Park sites. He felt that if
the area wasn't so saturated to begin with, why did they need to build the
townhomes on slabs rather than basements.
Wishing to be heard was Cliff Carlson, 4486 56th Street N.W., concerned about
people, including construction traffic, coming through North Park on 56th or 57th
Street. He was also concerned about the R-2 zone causing more noise than if
the area was zoned R-1.
Wishing to be heard was Jan Andrews, 5705 45th Avenue N.W. Ms. Andrews
expressed concern about the drainage potential from the entire Cascade Valley.
She has a tree boundary along a drainage ditch on the back of her property and
wondered what the impact of additional water coming down. it would have. She
was also concerned that the trees were left to provide a buffer zone. She stated
that the area for the potential development is already under water many times
during the year. Mr. Andrews also wanted to have traffic coming off 55th Street
to be discouraged from using 56th or 57th Street to get to the new subdivision.
Wishing to be heard was John Reidenbach, 3001 5th Avenue N.W., wondering
about the impact of the increased traffic on 55th Street and having to cross it two
times with the bike path. He wondered if eventually a bridge would need to be
installed and just who was going to pay for it.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
4654 CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 9 - April 15, 1996
Agenda
Item
Wishing to be heard was Steve Allen, 4429 57th Street N.W. He was concerned
about the traffic on 56th and 57th Streets; it should be stopped before going into
North Park by barricades or at least stop signs used.
Wishing to be heard was Sue Vanoort, 4482 56th Street N.W., noting that she
already has had a fish in her backyard and is not looking forward to further
flooding problems because of the drainage off of White Oaks.
Wishing to be heard was Rob Hamlin, 4464 57th Street N.W., concerned about
the heavy construction traffic going through North Park to get to the White Oaks
development and also concerned about the drainage off the Cascade Valley
area.
Wishing to be heard was Charles Lancaster, North Park Subdivision (4426
Manchester Lane N.W., along Villa Road.) Mr. Lancaster stated that he was not
against the development but felt that the construction traffic going through North
Park was a major issue as well as the lack of Police and safety protection with
the increased traffic on 55th Street. He was also wondering when 55th Street
was going to be redone and how since the monies to be used will now be used
to place the culvert.
Wishing to be heard was Jerry Nelson, President of Dakota, one of the
developers. Mr. Nelson stated that the water problem experienced by the North
Park residents is not a result of the White Oak development but rather coming
from the undeveloped portion of their own subdivision. He also stated that he
had no problem with the barricading of 57th Street making the construction
equipment and trucks use 55th Street to 50th Avenue and then into the White
Oaks development. He wasn't sure about leaving the trees between White Oaks
and North Park but would try if at all possible.
Wishing to be heard was Rod Seeger, 524 Ninth Avenue S.W., former owner of
the land where White Oaks is to be built. He stated that the property is not
wetland and the North Park problem is coming from their own subdivision. He
also stated that North Park will experience traffic problems on 56th and 57th
Streets because of the 700+ plus acres yet to be developed in that subdivision.
Wishing to be heard was Bill Tointon, McGhie and Betts, stating that the
developer will agree to barricade off 57th Street until the homes in White Oaks
are occupied and that the owner contract will state that construction traffic use
55th Street to 50th Avenue. He also stated that 57th Street was designed as a
major local street.
Wishing to be heard was Sue Vanoort, 4482 56th Street N.W., stating that the
water in her backyard came up from 55th Street.
Wishing to be heard was Cliff Carlson, 4486 56th Street N.W., asking if there
would be another way to exit off 55th Street.
Having no one further wishing to speak, President Hunziker closed the hearing.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
Agenda
Item
CITY OF ROCHESTER, MINNESOTA 4/�
Regular Adjourned Meeting No. 9 - April 15, 1996
Councilmembers Senjem moved, Stobaugh seconded, to approve General
Development Plan #119 and instruct the City Attorney to prepare Findings of
Fact, Conclusions of Law, and Order noting the six findings of the Planning
Commission and including the four conditions of the Planning Commission
modifying condition #2 to place barricades on 57th Street N.W. on the west end
of the North Park Subdivision with those barricades remaining until the homes in
Phase I and II of White Oaks Subdivision are ready for occupancy. Discussion.
Councilmembers discussed the future of cul-de-sacs as an answer in
subdivisions and how it increases traffic on a few roads and impedes public
transportation and safety traffic.
Ayes (6), Nays (1). Motion carried. Councilmember McConnell voted nay.
B-12 A Hearing on Type III, Phase II, Land Subdivision Permit (Preliminary Plat) #96-3
to be known as White Oaks Subdivision.
It was noted that the testimony given in Item B-11 should be incorporated into
this hearing as well.
Wishing to be heard was Bill Tointon, McGhie and Betts, representing the
developer, Dakota of Rochester. The permit would be for the first two phases of
the White Oaks development. Mr. Tointon stated that the barricades would be
placed at the North Park line on 57th Street but that the lift on 57th Street to 50th
Avenue, condition #5 from the Planning Commission, would not go on until the
street was ready to be opened. Grading and graveling only of the road would be
accomplished for the construction traffic.
Wishing to be heard was Cliff Carlson, 4486 56th Street N.W., noting his concern
about the R-2 zoning.
Wishing to be heard was Rod Hamlin, 4464 57th Street N.W., concerned that the
barricades would be placed.
Wishing to be heard was Greg Andrews, 5705 45th Avenue N.W. With the R-2
development only slab homes can be built. He wondered if it would not be more
feasible to extend the park into the Phase I development since it is wetter
ground.
Wishing to be heard was Jerry Nelson, President of Dakota of Rochester,
expressing concern over the time the culvert was to be in place and their having
to hold up development for the culvert installation.
Richard Freese, Public Works Director, stated that the culvert installation
probably won't happen until late summer or early fall. He noted, however, that
the subdivision grading plan must be completed before housing construction can
start and it is the initial subdivision grading plan that affects the drainage.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER MINNESOTA
-465(o Regular Adjourned Meeting No. 9 - April 15, 1996
Agenda
Item
C-1-
C-15
C-2
Wishing to be heard was Joe Farrell, 4468 Durham Lane N.W., asking what
happens to the construction traffic when 55th Street is torn up to install the
culvert.
Richard Freese stated that the construction equipment and trucks would have to
find an alternative route ... that 57th Street would remain barricaded.
Wishing to be heard was Jerry Nelson, Dakota of Rochester, saying that the
heavy construction equipment would be out of the project by the time 55th Street
is excavated for the culvert.
Having no one further wishing to speak, President Hunziker closed the hearing.
Councilmembers Evans moved, Stobaugh seconded, to approve Land
Subdivision Permit #96-3 known as White Oaks and instructing the City Attorney
to prepare Findings of Fact, Conclusions of Law, and Order and include the
using the applicable criteria and the five Planning Commission conditions
amending condition #4 to read, "No residential units shall be constructed until the
drainage and grading plan has been approved and constructed"; amending
condition #5 to read, "The alignment of 57th Street N.W. to 50th Avenue N.W.
must be graded and graveled outside of the platted area. The existing west end
of 57th Street N.W. will be barricaded until the first residential housing unit is
sold in this plat". Ayes (6), Nays (1). Motion carried. Councilmember
McConnell voted nay.
Councilmembers Hruska moved, Evans seconded, to approve consent agenda
items C-2 to C-6 and C-8 to C-15.
Adopt Resolution No. 179-96 setting a Public Hearing for May 20, 1996 for
assessing unpaid accounts for weeds, trees, snow, debris removal and
sewer/water.
C-3 I Approve the following licenses and bonds:
On -Sale Non -Intoxicating Malt Liquor
Rochester Baseball Club DBA Rochester Honkers
Sidewalks - Cement and Asphalt
Wilde Construction, Incorporated, Rochester
[1
0
Agenda
Item
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 9 - April 15, 1996 �(�7
Miscellaneous Street Use
Cystic Fibrosis Great Stride 6K Walk, May 4, 1996
American Legion Auxiliary, Poppy Day Sales, May 10-11,1996
VFW Robb Wehrs Post #429, Poppy Day Sales, May 10-11, 1996
VFW Whitlock Sonnenberg Post #1215, Poppy Day Sales, May 17-18,
1996
New Life Family Services, Walk and Run for Life, June 15, 1996
SEMCIL Canoe Event and Barbecue, June 20, 1996
Mayo Medical School, Student Section of American Medical Association,
10KM/2 Mi Walk & run, August 17, 1996
C-4 Adopt Resolution No. 180-96 for the City Clerk to advertise for bids for the Water
Reclamation Plant Computer Maintenance Contract.
C-5 I Approve Accounts Payable in the amount of $865,990.73.
C-6 Adopt Resolution No. 181-96 adopting Personnel Policy - Section XXXI - City
Hall Access Cards.
C-8 Adopt Resolution No. 182-96 authorizing the City Clerk to advertise for bids for
Project No. 9106-95 (J-9353) "Sanitary Sewer and Watermain in 23rd Avenue
S.W. from 4th Street S.W. to Gates Drive, in 5th Street S.W. from 500 feet east
to 650 feet west of 23rd Avenue S.W. and in Gates Drive S.W. from 23rd Avenue
S.W. to 200 feet west".
C-9 Adopt Resolution No. 183-96 authorizing payment for Supplemental Agreement
No. 2 for Project No. 6204-2-94 (J-2239) "4th Street S.E., 3rd Avenue S.E., to
11th Avenue S.E.".
C-10 Adopt Resolution No. 184-96 accepting the feasibility report and ordering a
Public Hearing to be held on May 20, 1996 for Project No. 9607 (J-9369)
"Extension of Sanitary Sewer from Glendale Hills Second Subdivision to
proposed Northern Heights North Subdivision and Extension of Watermain from
Northern Heights East Eighth Subdivision to Northern Heights North Subdivision
then from Northern Heights North Subdivision to Glendale Hills Second
Subdivision".
C-11 Adopt Resolution No. 185-96 and Resolution No. 186-96 authorizing the City
Clerk to advertise for bids for Project No. 9504-95 (J-9352) "Sanitary Sewer and
Watermain in Riverside Drive N.E., Erin Court N.E. and 27th Street N.E. all in the
Riverview Subdivision" and Project No. 6232-1-92 (J-9252) "Sanitary Sewer and
Watermain Extension in 32nd Street N.E.-Morris' Second and Third
Subdivisions".
C-12 Adopt Resolution No. 187-96 authorizing the City Clerk to advertise for bids for
Project No. 6204-2-95 (J-2244) "Reconstruction and Widening of 4th Street S.E.
from 11th Avenue S.E. to 19th Avenue S.E.".
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
.4�58 CITY OF ROCHESTER MINNESOTA
Regular Adjourned Meeting No. 9 - April 15, 1996
Agenda
Item
C-13
C-14
C-15
C-1
C-7
D-1
E-1
E-2
E-3
Adopt Resolution No. 188-96 authorizing staff to settle the acquisition for right-of-
way for the 4th Street Project No. J-2244 in the amount of $1550.00.
Adopt Resolution No. 189-96 authorizing staff to establish Just Compensation for
land rights to be acquired at the appraised value and complete acquisition of
land without further Council action and authorize the City Attorney, at the
direction of the City Administrator, to initiate eminent domain proceedings for the
purpose of acquiring land rights for the 19th Street Project No. J-9310.
Adopt Resolution No. 190-96 authorizing the Mayor and City Clerk to sign the
APCOA "Client View" license agreement.
Ayes (7), Nays (0). Motion carried.
Terry Adkins, City Attorney, asked that the minutes of the April 1, 1996 meeting
be amended for item E-2 relating to the Cascade Lake Area development
request adding: "It is the intent of this motion that the Zoning Administrator
schedule a Public Hearing before the Planning and Zoning Commission pursuant
to Section 60.532(2) of the Rochester Code of Ordinances to consider this
proposed amendment to the Zoning Ordinance."
Councilmembers Hruska moved, Evans seconded, to approve the amendment to
the April 1, 1996 meeting minutes. Ayes (7), Nays (0). Motion carried.
Councilmember McConnell moved, Evans seconded, to formally congratulate
Captain Charles W. Heroff on his retirement and congratulate Roger L. Peterson
on his appointment to the position of Captain in the Police Department. Ayes
(7), Nays (0). Motion carried.
No one wished to speak.
Councilmembers Evans moved, Stobaugh seconded, to authorize the creation of
an additional position of Police/School Liaison Officer with the School District
paying 75 percent of the cost of the new position and 75 percent of the cost of
the officer assigned currently to Kellogg Junior High School. Ayes (6'), Nays (°d).
Motion carried. Councilmember Hruska voted nay.
Councilmembers Senjem moved, McConnell seconded to adopt Resolution No.
191-96 authorizing the Mayor and City Clerk to execute the Response Action
Agreement relating to the former Sanitary Landfill and Sludge Lagoon Site
subject to the City Attorney's determination that the notification of and
communication with the insurance carriers has been completed. Ayes (7), Nays
(0). Motion carried.
Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No.
192-96 to retain the firm of Moss and Barnett to perform the cable television
franchise fee audit for a cost not to exceed $2500.00. Ayes (7), Nays (0).
Motion carried.
1
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 9 - April 15, 1996 -44o59
Agenda
Item
E-4 Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No.
193-96 to retain Moss and Barnett to assist in the CAN re -franchising focus
group meetings which will occur during the franchise renewal process at a cost
not to exceed $1500.00. Ayes (7), Nays (0). Motion carried.
E-5 Councilmembers Hruska moved, McConnell seconded, to adopt Resolution No.
194-96 to enter into a settlement agreement with A.E. Benike on behalf of the
subcontractor Western Insulation for the Library Project in the amount of
$8000.00 and to approve a change order for the Library Project in the amount of
$8000.00 to implement the settlement agreement and to authorize the Mayor and
City Clerk to execute said settlement agreement and change order. Ayes (7),
Nays (0). Motion carried.
E_ -6 Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution
No. 195-96 awarding the bid for the Aircraft Passenger Loading Bridge at the
Rochester International Airport to Jetway Systems at a cost of $223,123.00.
Ayes (7), Nays (0). Motion carried.
E-7 Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 196-
96 authorizing the Mayor and City Clerk to execute an agreement with the State
of Minnesota Department of Transportation for two-thirds funding for the Aircraft
Passenger Loading Bridge at the Rochester International Airport. Ayes (7), Nays
(0). Motion carried.
E-8 Councilmembers Stobaugh moved, Evans seconded, to direct the City Attorney
to give the rezoning ordinance for item B-11 of the October 2, 1995 Council
Meeting its first reading; to adopt Resolution No. 197-96 amending the land use
plan for item B-1 of the October 16, 1995, meeting and to direct the City Attorney
to give the rezoning ordinance its first reading; and to direct the City Attorney to
give the rezoning ordinance for item B-2 of the October 16, 1995 Council
Meeting its first reading. Ayes (7), Nays (0). Motion carried.
E-9 Councilmembers Hruska moved, Evans seconded, to approve an On -Sale
Intoxicating and Sunday Liquor License for the Jimmy John Corporation DBA
Jimmy's Restaurant, 1611 Highway 52 North. Ayes (7), Nays (0). Motion
carried.
E-10 Councilmembers Marcoux moved, Evans seconded, to approve the transfer of
the location for MGM Wine & Spirits, Incorporated DBA MGM Liquor Warehouse
from 1115 Civic Center Drive N.W. to 1101 Sixth Street N.W. effective June 1,
1996 pending all departmental approvals. Ayes (7), Nays (0). Motion carried.
E-11 Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No.
198-96 accepting low bids for the 1996 Season Supply of Cutback Asphalt, Plant
Mix Bituminous and Washed Sand & Gravel as recommended by the Public
Works Department. (refer to RCA for specific vendors and bids). ,Ayes (7), Nays
(0). Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
Agenda
Item
E-12
E-13
E-14
E-15
E-16
CITY OF ROCHESTER MINNESOTA
Regular Adjourned Meeting No. 9 - April 15, 1996
Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution
199-96 on the revised Personnel Policy Section VI City Owned or Leased
Vehicles.
Discussion. Councilmembers asked for a list of employees who currently are
assigned City vehicles to take home.
Ayes (7), Nays (0). Motion carried.
Councilmembers Stobaugh moved, Evans seconded, to authorized staff to
request proposals from qualified environmental engineering consultants to
conduct a remedial investigation and feasibility study for former Rochester landfill
and sludge lagoon. Ayes (7), Nays (0). Motion carried.
Councilmembers Senjem moved, Marcoux seconded, to adopt Resolution No.
200-96 authorizing the Mayor and City Clerk to execute an agreement with
Olmsted County for the Traffic Signal Project - (J-6378) 2nd Street S.W. & CSAH
22 (West Circle Drive). Ayes (7), Nays (0). Motion carried.
Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution
No. 201-96 designating the streets listed as part of the Municipal State Aid
Systems of streets, subject to the approval of the Commissioner of
Transportation of the State of Minnesota.
1. 8 1/2 Street S.E. from 15th Avenue S.E. to 23rd Avenue S.E. (MSAS 144)
2. 11th Avenue N.E. from 14th Street N.E. to Teton Lane, Teton Lane to
19th Street N.E., 19th Street to 13th Avenue N.E., 13th Avenue N.E. to
Northern Drive N.E. (MSAS 110)
3. Rocky Creek Drive N.E. from TH 63 to Northern Valley Drive N.E. (MSAS
148)
4. 31 st Avenue N.W. from 41 st Street N.W. to future 50th Street N.W., future
50th Street N.W. to West circle Drive (MSAS 147)
5. 23rd Avenue S.W. from Fox Valley Drive to 2nd Street S.W. (MSAS 146)
6. Fox Valley Drive S.W. from CSAH 22 to CSAH 8 (MSAS 145)
7. Folwell Drive S.W. from 23rd Avenue at Fox Valley Drive to TH 52 (MSAS
115)
Ayes (7), Nays (0). Motion carried.
Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution 202-
96 authorizing the Mayor and City Clerk to execute a contract with Yaggy Colby
Associates for engineering services to Project No., 9607 (J-9369) "Extension of
Sanitary Sewer from Glendale Hills Second Subdivision to proposed Northern
Heights North Subdivision and Extension of Watermain from Northern Heights
East Eighth Subdivision to Northern Heights North Subdivision then from
Northern Heights North Subdivision to Glendale Hills Second Subdivision" at a
cost of $59,500.00. Ayes (7), Nays (0). Motion carried.
F�
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA - ��`0 I
Regular Adjourned Meeting No. 9 - April 15, 1996 i
Agenda
Item
E-17 Councilmembers Stobaugh moved, Hruska seconded, to adopt Resolution No.
203-96 awarding the bid to Brent Anderson Associates in the amount of
$227,036.00 for Project 8215-20-96 (J-2594) "1996 Structural Restoration - 2nd
Street Ramp". Ayes (7), Nays (0). Motion carried.
E-18 Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No.
204-96 amending Paragraph (1) of Section B Surface Lot (Special Rates) of
Chapter K "CBD Parking System" of the Comprehensive Traffic & Parking
Resolution Book to Read:
(10) Lot 15 (Brown Lot) Metered area to have rates (E) and (J) from rate table;
8:00 AM to 5:00 PM, Monday through Friday. Non -metered area to have
a reserved parking rate of $35.00 a month.
Ayes (7), Nays (0). Motion carried.
E-19 Councilmembers Mcconnell moved, Stobaugh seconded, to adopt Resolution No.
205-96 authorizing the City Clerk to advertise for bids for Project No. 9607 (J-
9369) "Extension of Sanitary Sewer from Glendale Hills Second Subdivision to
proposed Northern Heights North Subdivision .and Extension of Watermain from
Northern Heights East Eighth Subdivision to Northern Heights North Subdivision
then from Northern Heights North Subdivision to Glendale Hills Second
Subdivision". Ayes (7), Nays (0). Motion carried.
F-1 An Ordinance Creating Subdivision 4 of Section 2.01 of the Home Rule Charter
of the City.of Rochester, Providing Rules of Construction To Be Used In
Interpreting the Language of the Charter was given its first reading.
F-1 An Ordinance Creating Section 3.026 of the Home Rule Charter of the City of
Rochester, Prohibiting City Officeholders From Being Employed by the City was
given a first reading.
Councilmembers McConnell moved, Marcoux seconded, to suspend the rules
and given the Ordinance a second reading. Upon roll call vote: Councilmembers
Marcoux, McConnell, Senjem, Stobaugh and President Hunziker voted aye;
Councilmembers Evans and Hruska voted nay. Motion failed. (Suspension of
rules requires a unanimous vote.) The City Attorney indicated that the ordinance
would be eligible for a second reading at the May 20th, 1996 Council Meeting.
F-1 An Ordinance Rezoning Certain Property and Amending Ordinance No. 2785,
Known as the Zoning Ordinance and Land Development Manual of the City of
Rochester was given a first reading. (South of Wimbledon Hills, North of Eagle
Ridge Subdivision)
F-1 An Ordinance Annexing to the City of Rochester Approximately 9.5 Acres of
Land Located In the Southeast Quarter of the Southeast Quarter of Section 9,
Township 106 North, Range 14 West, Olmsted County, Minnesota was given a
first reading. (Bamber Valley)
Agenda
Item
F-1
F-1
F-1
F-2
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 9 - April 15, 1996
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.
Councilmembers Stobaugh moved, Marcoux seconded, to suspend the rules and
give the ordinance a second reading. Ayes (7), Nays (0). Motion Carried. The
Ordinance was given a second reading. Councilmembers McConnell moved,
Evans seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion
carried. (Rezone to R-1 - Near West Side Neighborhood)
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.
Councilmembers by unanimous consent directed the City Attorney to give the
Ordinance a second reading. The Ordinance was given a second reading.
Councilmembers Stobaugh moved, Marcoux seconded, to adopt the Ordinance
as read. Ayes (7), Nays (0). Motion carried. (Rezone to B-4 - Buechler land)
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.
Councilmembers by unanimous consent directed the City Attorney to give the
Ordinance a second reading. The Ordinance was given a second reading.
Councilmembers McConnell moved, Evans seconded, to adopt the Ordinance as
read. Ayes (7), Nays (0). Motion carried. (Rezone to B4 - Eastwood Road)
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 second reading. Councilmembers McConnell
moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (7), Nays
(0). Motion carried. (Rezone to B-4 - Menards)
Having no further business, Councilmembers Stobaugh moved, Evans seconded,
to adjourn the meeting to April 22, 1996. Ayes (7), Nays (0). Motion carried.
r ZZ, k-, � �-
cting City Clerk