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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 12 - May 20, 1996
Agenda
Item
A-1 President John 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 Proposed Assessments For Snow, Tree and Debris Removal.
Having no one present wishing to be heard, President Hunziker closed the
hearing.
Councilmembers Stobaugh moved, Hruska seconded, to adopt Resolution No.
249-96 assessing properties for Weed Eradication, Tree Removal and Debris
Removal. Ayes (7), Nays (0). Motion carried.
B-2 A Hearing on Final Plat #96-8 to be known as Salem Sound Fourth Subdivision.
Wishing to be heard was Bill Tointon, McGhie and Betts, representing the
applicant. Mr. Tointon stated recommendation #3 has been satisfied in that the
grading and drainage plan has been submitted; the County will be constructing a
bikeway (requirement #4). He voiced his concern that the monies for the
parkland dedication were too much and should be reduced.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Gary Neumann, Assistant City Administrator, pointed out to the Council that the
parkland dedication ordinance and policy addresses reduction for low density lots
which may hold true for this subdivision. The parkland dedication ordinance will
be reviewed this coming year.
Councilmembers McConnell moved, Senjem seconded, to adopt Resolution No.
250-96 approving Final Plat #96-8 known as Salem Sound Fourth Subdivision
with the six conditions as recommended by the Planning Department. Ayes (7),
Nays (0). Motion carried.
B-3 A Hearing on Final Plat #96-8 to be known as Manorwood Lakes Second
Subdivision.
Wishing to be heard was Joan DeWitt, Western Walls, 604 11th Avenue N.W.,
the applicant for the plat. In regard to condition #1 to remove the utility
easements from lots 5 and 9 on the south side to the north side, they will be
removing the easements from the south.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmembers Evans moved, Hruska seconded, to adopt Resolution No.
251-96 approving Final Plat #96-8 to be known as Manorwood Lakes Second
Subdivision with the five conditions recommended by the Planning Staff. Ayes
(7), Nays (0). Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 12 - May 20, 1996 4677
Agenda
Item
B-4 IA Hearing on Annexation by Ordinance Petition #96-8 by Arnie Bomgaars of
14.32 Acres Located in Section 18, Haverhill Township.
Having no one present wishing to be heard, President Hunziker closed the
hearing.
Councilmembers Stobaugh moved, Evans seconded, to approve Ordinance
Petition #96-8 from Arnie Bomgaars for land in Section 18, Haverhill Township
and to instruct the City Attorney to prepare the required ordinance for adoption.
Ayes (7), Nays (0). Motion carried.
B-5 A Hearing to Consider Local Improvement 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".
Having no one present wishing to be heard, President Hunziker closed the
hearing.
Councilmembers Hruska moved, Stobaugh seconded, to adopt Resolution No.
252-96 approving Local Improvement Project No. 9607 (J-9369). Ayes (7), Nays
(0). Motion carried.
B-6 A Hearing on Type III, Phase II, Conditional Use Permit #96-2 (Restricted
Development, Preliminary Plan) to Permit a 103 Unit Elderly Condominium
Housing Project in the R-1 District.
Wishing to be heard was John Uban, of Dahlgren, Shardlow and Uban,
Minneapolis, Minnesota, representing the applicant. Mr. Uban explained how the
units would be situated on the vacant land composed of two and three stories of
103 units; parking is provided above ground and also one stall per unit in an
underground parking lot. He explained how a minimal lighting plan and
landscaping would be used to the East (mink farm).
Wishing to be heard was Bill Tointon, McGhie and Betts. Mr. Tointon spoke to
the conditions recommended by the Planning Commission in regard to parking,
drainage, traffic, etc.
Councilmembers voiced concerns in regard to drainage to other units of housing
in the vicinity, lighting and its effect to the mink farm, dirt piled in front of
Mrs. Harmon's unit, two stories now going to three stories, and if a waiting list
exists at present. Mr. Dick Hansen, Realife, stated that if the Council and
residents wanted a two-story structure, they would give them a two-story
building. It would reduce the number of units from 103 but would not be a
problem.
rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
4578 CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 12 - May 20, 1996
Agenda
Item
Wishing to be heard was John Pagelkopf, 825 Essex Parkway, #128.
Mr. Pagelkopf stated that he is strongly opposed to the building of the units. He
also stated the building of the project would make it a high density area, that the
condominiums would not have enough parking, that the traffic would be greatly
impacted; that they were told single family units would be built in the area.
Wishing to be heard was Ruth Harmon, 825 Essex Parkway, Unit 203.
Ms. Harmon was concerned that the driveway for the new building would come
within 50 feet of their building. She was also concerned that a third floor would
restrict her view from the cooperative where she lives (they were told a two-story
building by Frank Kottschade), both noise and fumes would be a problem.
Wishing to be heard was Lee Christensen, 825 Essex Parkway, also opposed to
the project. He did not feel that the two units would be compatible; that the
condominium project would block the view for the East Wing Coop residents;
why so close together.
Wishing to be heard was Larry Stevens, 4305 West River Road NW, a partner in
the mink farm. He was concerned about the increased lighting due to the
building of the condominiums; the female mink are susceptible to changes at
certain times and will destroy their young especially in April and May when
construction may start.
Wishing to be heard was Arthur O'Neill, President of the Board of the Realife
Cooperative. Mr. O'Neill stated that he was in favor of the project. The Coop is
presently 100 percent utilized. The driveway opens 55 feet from the parkway
and has no noticeable noise.
Wishing to be heard was Lowell Thompson, Realife Cooperative. He stated that
Mr. Pagelkopf does not speak for the rest of the residents. He stated that he is
very much in favor of the project.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Mr. Terry Adkins, City Attorney, reminded the Council that their decision must be
made on Findings of Fact from the criteria listed on pages 76 and 77 of the
Request for Council Action.
President Hunziker also reminded the Council and those present that the mink
farm has been at its present location since 1960. People should be aware that it
is there and will stay there and that there is an odor in living close to the
business. But the business was not responsible for the City building up around
it.
Councilmembers asked for a definition of "condominium". Condominiums are
individual units owned by the individuals with a common area owned by the
common property. Owners have a limited ownership in the common area.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned. Meeting No. 12 - May 20, 1996 4679
Agenda
Item
Jane Kansier, Planning Department, noted that the ordinance would require 117
parking spaces for the present development of the building; reducing the number
of units, due to making it only a two-story complex, would increase the number of
parking spaces available.
Councilmembers Evans moved, Hruska seconded, to request the City Attorney to
prepare proposed Findings of Fact, Conclusions of Law , and Order approving
the Conditional Use Permit #96-2 to permit an Elderly Condominium Housing
Project in the R-1 District with the eight conditions recommended by the Planning
Commission and adding:
Condition #9 - Two -Story project (approximately 80-85 units) rather than a
three-story project,
Condition #10 - Provide greater landscaping along the east and south boundaries
with the intention of screening the driveway and also providing some
screening for the mink farm,
Condition #11 - Removal of the berm in front of some of the units.
Discussion. Mr. Tointon was asked about the availability of additional parking;
he stated that there was additional land if the association decided and requested
its need.
President Hunziker reminded the cooperative residents that they had enjoyed
each other in peace and harmony and he hoped that bad feelings would not
remain as a result of the condominium project.
Ayes (7), Nays (0). Motion carried.
B-7 A Hearing on Text Amendment #96-3 to Paragraph 61.522 of the Rochester
Zoning Ordinance and Land Development Manual. (Review traffic impacts of
development that propose at -grade access onto a freeway.)
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers McConnell moved, Stobaugh seconded, to approve Text
Amendment #96-3 to Paragraph 61.522 of the Rochester Zoning Ordinance and
Land Development Manual and instruct the City Attorney to prepare an ordinance
for adoption.
Discussion. Councilmembers Senjem and Evans indicated that traffic impact
statements are fine but if we are asking a developer to do the study, we might
have a bias on their part and the City would probably do their own regardless.
Ayes (5), Nays (2). Motion carried. Councilmembers Evans and Senjem voted
nay.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
46'$O CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 12 - May 20, 1996
Agenda
Item
B-8 A Hearing on Text Amendment #96-2 Creating New Zoning Districts Which Will
Apply to Newly Annexed Lands.
Having no one wishing to be heard, President Hunziker closed the hearing
Councilmember Hruska moved, Evans seconded, to instruct the City Attorney to
prepare an ordinance to amend the Rochester Zoning Ordinance and Land
Development Manual to create zoning districts which will apply to newly annexed
lands with the three recommendations from the Planning Commission.
Discussion.
Staff was concerned with the six-month time limit on the interim zoning district. It
tends to force the developer that within six months of the annexation they would
be forced to come back with a zoning request or the zoning would be assigned
by the City. They recommended that a longer time period be approved.
By Council consent the original motion was amended to have new zoning
districts created as a result reviewed annually at the time the Council reviews the
Urban Rural Service Districts.
Ayes (7). Nays (0). Motion carried.
C-1 - Councilmembers Evans moved, Stobaugh seconded, to approve the following
C-17 consent agenda items.
C-1 Approval of the minutes of the May 6, 1996 meeting.
C-2 Approval to accept the gift from Personnel Decisions International Corporation to
the Rochester Police Department of $461.35 for the purchase of a television set
for training purposes.
C-3 I Approval of the following licenses and bonds:
Temporary On -Sale Non -Intoxicating Malt Liquor
Olmsted County Free Fair - July 29 through August 4, 1996
Cambodian Association at Combo Cuisine Restaurant - May 18, 1996
Cigarettes Over the Counter
Olmsted County Free Fair - July 29 through August 4, 1996
Temporary On -Sale Intoxicating Liquor
AHEPA (Apollo Liquor) Tasting Event at Hoffman House - May 16, 1996
Outdoor Dining Renewal
Cynthia Daube DBA Daube's Bakery
Agenda
Item
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No 12 - May 20, 1996 4681
Sewer and Drains
Daren Hofschulte DBA D.H. Backhoe, Elgin, Minnesota
Sidewalk Construction
James & Mike Walsh DBA J & M Concrete, Stewartville, Minnesota
Randy Krause DBA Krause Masonry, Inc., Zumbrota, Minnesota
Cris Peterson Blacktopping & Seal Coating Service, Rochester, Minnesota
Miscellaneous Street Use
Rochester Area Special Olympics Walk A Thon, Silver Lake, June 1, 1996
Ayes (7), Nays (0). Motion carried.
C-4 Adopt Resolution No: 253-96 approving a Sound Amplification Permit and Waiver
from the time restriction for the Olmsted County Free Fair, July 29 through
August 4, 1996.
C-5 Adopt Resolution No. 254-96 approving a Sound Amplification Permit and Waiver
from the time restriction for the American Cancer Society for the Third Annual
Relay for Life at Mayo High School Stadium on July 19 and 20, 1996.
C-6 IApprove a Sound Amplification Permit for the Rochester Art Festival 47th Annual
Art Festival in Central Park on June 15 and 16, 1996.
C-7 I Approval Accounts Payable in the amount of $1,432,459.35.
C-8 Adopt Resolution No. 255-96 directing the City Clerk to advertise for bids to be
opened at 11:00 A.M. on June 5, 1996 for a Closed Circuit TV Inspection System
for the Sewer Collection Department.
C-9 Adopt Resolution No. 256-96 accepting the low bid of Greenway Cooperative for
tankwagon fuel to be supplied to various City departments and authorize a one-
year contract that can be extended for two additional years if agreed to by both
parties.
C-10 Adopt Resolution No. 257-96 accepting the low bid from Johnson-Yokogawa for
the computer maintenance contract at the Water Reclamation Plant and to
authorize a two-year contract.
C-11 Approve the following appointments to the Human Rights Commission:
Kathy Hynes to fill the unexpired term of Herbert Torgerson running to
May 1, 1997.
Mary Ann Cheney to fill the unexpired term of Mary Petersson
running to May 1, 1999.
Gerry Werven to fill the unexpired term of Anthony Sinkiewicz
running to May 1, 1999.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 12 - May 20, 1996
Agenda
Item
C-12 Adopt Resolution No. 258-96 approving the agreement between the City of
Rochester and the Minnesota Army National Guard for a ten-year term to allow
for parking on Guard Property and authorize the Mayor and City Clerk to execute
such agreement on behalf of the City.
C-13 Adopt Resolution No. 259-96 authorizing the Mayor and City Clerk to sign the
Assessment Agreement with Kensington Cottages, Corporation, Rochester II,
and adopt Resolution No. 260-96 levying the supplemental assessments for
Project Nos. J-9173 and J-9265 against property Plat 5152 Parcel 001100.
C-14 Adopt Resolution No. 261-96 authorizing the Mayor and City Clerk to sign the
Assessment Agreement with Mr. and Mrs. Gregory T. Pressnall and adopt
Resolution No. 262-96 levying the postponed assessments for Project Nos. J-
9193 and J-8569 against property Plat 1690 Parcel 002900.
C-15 Adopt Resolution No. 263-96 authorizing the Mayor and City Clerk to sign the
Assessment Agreement with Mr. and Mrs. Richard V. Lien and adopt Resolution
No. 264-96 levying the postponed assessments for Project Nos. J-9193 and J-
8569 against property Plat 1690 Parcel 003300.
C-16 Adopt Resolution No. 265-96 requesting the Commissioner of the Minnesota
Department of Transportation to rezone the speed limit on Valleyhigh Drive from
21st Avenue N.W. to 30th Avenue N.W.
C-17 Adopt Resolution No. 266-96 authorizing the City Clerk to advertise for bids at
11:00 A.M. on June 12, 1996 for City Project No. 9353 (J-6300) "Signal
Modification at 4th'Street S.E. and 13th Avenue".
Ayes (7), Nays (0). Motion carried.
D-1 Wishing to be heard was Norm Nelson, 5618 26th Avenue N.W. Mr. Nelson
spoke to three subjects:
He asked that when consideration is made for placement of the
volleyball facility, the City, County and School District remind
themselves that they are one community and not three separate
entities.
Regarding the City implementing a customer satisfaction program
by the end of the year, he suggested that Susan Bathey, County
Public Works, be consulted as her department has had customer
surveys for the past two years. He also suggested that one
question that should be asked is "Would you hire us and Why?"
Another reminder that the Depot project is not "free money" as
again stated in the newspaper. Even though its federal money, it
comes from the average taxpayer. The Committee interested in
the preservation of this building, should raise the funds necessary
for its renovation.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 12 - May 20 1996 4683
Agenda
Item
D-1 Wishing to be heard was Mark Halbakken, 2527 15th Street S.E, spoke on the
housing ordinance passed last year. A tenant was causing his problems and
after filing a lawful detainer, the tenant was told to move by a judge as a result of
a court hearing. Approximately one month after this was started and one day
after the person had moved out, the Building and Safety Department served
notice on Mr. Halbakken that there was a noise problem in the apartment just
vacated. Well after a week after the person had been gone, another notice from
the Building & Safety Department again informed him of the trouble. There were
no notices of Police reports being filed even though they had been called
numerous times. He asked that the City rescind the Ordinance if it is not treating
everyone fairly.
D-1 Councilmembers McConnell moved, Senjem seconded, to adopt Resolution No.
267-96 referring a petition for extension of sewer and water to certain property
from Thomas Shives, owner of Lots 2 and 3, Block 1, Bianco Estates to the
Public Works Department for a feasibility study. Ayes (7), Nays (0). Motion
carried.
E-1 Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
268-96 entering into an agreement for engineering services with Dahlgren,
Shardlow and Uban for preparation of Cascade Lake area map alternatives.
Ayes (7), Nays (0). Motion carried. It was noted that the cost of the services
would be taken from Flood Control monies.
E-2 Councilmembers Marcoux moved, Evans seconded, to adopt Resolution No.
269-96 accepting the Federal Aviation Administration's grant of $572,181 for
improvements at the Rochester International Airport (AIP Project #1-3-27-0084-
12) and to accept the MNDOT State Aid Agreement #74624 for MNDOT Project
#5501-96M. Ayes (7), Nays (0). Motion carried.
E-3 Councilmembers Evans moved, Stobaugh seconded, to adopt the following
resolutions for Rochester Public Utility actions:
Resolution No. 270-96 approving a purchase order agreement with Harlo
Corporation for three secondary relay and control panels at a cost not to exceed
$32,204.00.
Resolution No. 271-96 approving a purchase order agreement with Trench
Electric for seven 115/161 kV capacitive voltage transformers at a cost not to
exceed $33,915.00.
Ayes (7), Nays (0). Motion carried.
E-4 The Heating Code Board of Review submitted criteria on which qualifications for
allowing individuals to take the competency test could be based and requested
that the Council amend the current ordinance dealing with the
applications/qualifications section.
The Council was in agreement to allow Jim Gander to speak.
Fr RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
46H4 CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 12 - May 20, 1996
Agenda
Item
E-5
E-6
E-7
E-8
Wishing to be heard was Jim Gander, Superior Heating and Plumbing, 932
Sierra Lane N.E. Mr. Gander felt that he had been treated differently than other
individuals when applying to take the competency test. He felt that if it is a true
competency test, everyone applying has the right to take it. He had requested
that the City Attorney prepare an opinion regarding this denial.
Terry Adkins, City Attorney, noted that the Board did not act properly in denying
Mr. Gander to take the test. He stated that Mr. Gander can ask the Board to
reconsider before the amendment to the ordinance takes effect. He also said
Mr. Gander can appeal the Board's decision to the Council. Council President
Hunziker asked whether the four years experience had to be with one contractor
or aggregate. The City Attorney stated the proposed ordinance, as written,
would allow four years of combined (or aggregate) experience.
John Scheid, Chair of the Board of Review, stated that it was the opinion of the
Board that Mr. Gander does not have the experience in working with contractors
in the area of expertise for which he wants to take the competency test. Mr.
Scheid stated that the proposed ordinance should refer to experience similar to
that activity for which the applicant seek certification.
The City Attorney suggested the Council remand the proposed ordinance to the
Board to (1) allow Mr. Gander to request reconsideration of the Board's earlier
decision, and (2) allow the Board to discuss further the experience issue.
Councilmembers Senjem moved, Stobaugh seconded, to remand the request to
amend the ordinance back to the Board of Review for additional discussion on
qualifications needing to be met prior to taking competency tests. Ayes (7), Nays
(0). Motion carried.
Councilmembers Stobaugh moved, Evans seconded, to approve an On -Sale
Non -Intoxicating Malt Liquor and Wine license for Sunnareth Khourn for the
business to be known as Combo Cuisine at 1123 Civic Center Drive N.W.,
pending fees, insurance certificates and departmental approvals. Ayes (7), Nays
(0). Motion carried.
Councilmembers McConnell moved, Marcoux seconded, to approve the
corporation name change from Cattle Company, Incorporated to John Barley-
corne, Incorporated. Ayes (7), Nays (0). Motion carried.
Councilmembers Evans moved, Stobaugh seconded, to approve the transfer of
the On -Sale Intoxicating Liquor License from Westside, Incorporated to J.J.'s
Restaurant and Sports Bar, Incorporated, at 1915 Highway 52 South, pending
fees, certificates and departmental approvals.
Councilmembers Senjem moved, Stobaugh seconded, to approve an amendment
to Chapter 59 of the Rochester Code of Ordinances - Wetland Conservation
Ordinance and to instruct the City Attorney to prepare an ordinance for first and
second readings and adoption. Discussion.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 12 - May 20, 1996 4685
Agenda
Item
John Harford, Planning Department, noted that the State of Minnesota will be
enacting law changes that will make future wetland credits/restorations remain
within the Southeast Minnesota area.
Ayes (7), Nays (0). Motion carried.
E-9 Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
272-96 authorizing the allocation of the City's 1996 Low Income Housing Tax
Credits to Homestead Village Associates Limited Partnership (Homestead Village
Project) in the amount of $23,396. Discussion. It was noted that this is the
maximum that Homestead Village Associates can apply for. Both applications
received do not have to be approved. Ayes (7), Nays (0). Motion carried.
Councilmembers agreed to allow representatives of the Royal Oaks project to
speak.
Wishing to be heard was Ralph Schmitz, Sauk Rapids, Minnesota. He had asked
Gary Lueders of the Housing and Redevelopment Authority whether he should or
should not submit an application because the funding is not limited to rehab even
though it seemed to be the City's priority. He then asked Mac Hamilton,
Hamilton Real Estate, to do a feasibility study for the project as well as a site
selection. The feasibility study showed the need for three -bedroom units in a
24-unit townhouse project.
Wishing to be heard was Mac Hamilton, 410 6th Avenue SW, supporting the
Royal Oak Project as something that would be beneficial to the City and fill a
growing need. The program that the project would be built under is not a
rent -subsidy program. It's an incentive program of the federal government
assigned to the states and then to sub-allocators (Housing Authority) to assign
the tax credits. If the monies are not used locally, they are then returned to the
State to be put into a state-wide allocation. He urged the Council to approve the
requested tax credits for this project.
Councilmember Marcoux asked if there were other rehab projects in the City
needing the dollars rather than sending the monies back to the State. Gary
Lueders stated that Homestead Village and Royal Oaks were the only two
applications received.
Councilmember McConnell moved, Stobaugh seconded, to adopt the Resolution
authorizing the allocation of the City's 1996 Low Income Housing Tax Credits to
Arlington Investments MN III, Limited Partnership (Royal Oaks Project) for
1105,228.00, Ayes (5), Nays (2). Upon roll call vote: Councilmembers Hruska,
Marcoux, McConnell, Stobaugh, President Hunziker voted aye; Councilmembers
Evans, Senjem voted nay. Motion carried.
E-10 Councilmembers Senjem moves, Stobaugh seconded to adopt Resolution No.
273-96 authorizing the execution of an agreement with Olmsted County for the
maintenance of the uninterrupted power supply for the public safety
Communications Center. Ayes (7), Nays (0). Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
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Regular Adjourned Meeting No. 12 - May 20, 1996
Agenda
Item
E-11 Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No.
274-96 authorizing staff to establish Just Compensation for land rights to be
acquired at the appraised value and execute the necessary documents
associated with the acquisition of land rights 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 for the Douglas .
Trail Grading and Drainage Project No. J-9270. Ayes (7), Nays (0). Motion
carried.
E-12 Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No.
275-96 awarding the low bid to Doyle Conner Company in the amount of
$1,190,986.79 for City Project 6204-2-95 (J-2244) "Reconstruct and Widen
Fourth Street SE from 11th Avenue SE to 19th Avenue SE". Ayes (7), Nays (0).
Motion carried.
E-13 Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
276-96 authorizing the Mayor and City Clerk to enter into an assessment
agreement with each property owner in the Northern Heights North Subdivision
area for City Project No. 9607 (J-9369) "Extension of Sanitary Sewer and
Watermain to serve Northern Heights North Subdivision". Ayes (7), Nays (0).
Motion carried.
E-14 Councilmembers Hruska moved, Senjem seconded, to adopt Resolution No. 277-
96 awarding the contract for City 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 Subdivision" to the low
bidder, Elcor Construction, for $257,364.00. Ayes (7), Nays (0). Motion carried.
E-15 Councilmembers Evans moved, Hruska seconded, to adopt Resolution No. 278-
96 ordering a feasibility report on Project No. 7301-96 (J-9377) "Extension of the
North Branch of the Northwest Trunkline Sanitary Sewer from 55th Street NW at
the Douglas Trail to 57th Street NW and in 57th Street NW to 50th Avenue NW",
and adopt Resolution No. 279-96 ordering a public hearing to be held at 7:00 pm
on June 17, 1996. Ayes (6), Nays (0), Abstain (1). Motion carried.
Councilmember McConnell abstained.
E-16 Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
280-96 authorizing the City Clerk to advertise for bids at 11:00 a.m. on June 14,
1996 for Project No. 7301-96 (J-9377) "Extension of the North Branch of the
Northwest Trunkline Sanitary Sewer from 55th Street NW at the Douglas Trail to
57th Street NW and in 57th Street NW to the West Line of White Oaks
Subdivision, Phase I". Ayes (6), Nays (0), Abstain (1). Motion carried.
Councilmember McConnell abstained.
E-17 Councilmembers Stobaugh moved, Evans seconded to adopt Resolution No.
281-96 authorizing the execution of an agreement with McGhie & Betts for
Project No. 7301-96 (J-9377) "Extension of the North Branch of the Northwest
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 12 - May 20, 1996 4687
Agenda
Item
Trunkline Sanitary Sewer from 55th Street NW at the Douglas Trail to 57th Street
NW and in 57th Street NW to 50th Avenue NW° to provide design and
construction services. Ayes (6), Nays (0), Abstain (1). Motion carried.
Councilmember McConnell abstained.
E-18 Councilmembers Senjem moved, Stobaugh seconded, to approve $150,000 to
fund an ice arena to be known as Graham -North at Graham Park contingent
upon the financial commitments and operating agreements being in place. Ayes
(7), Nays (0). Motion carried.
F-2 An Ordinance Amending Ordinance #3007 Rezoning Certain Property and
Amending Ordinance No. 2785 known as the Zoning Ordinance and Land
Development Manual of the City of Rochester,. Minnesota, said Property Located
in the Skyline Drive Area, was given a first reading. Councilmembers Senjem
moved, Evans seconded, to suspend the rules and give the Ordinance a second
reading. Ayes (7), Nays (0). Motion carried. The Ordinance was given a
second reading. Councilmembers McConnell moved, Evans seconded to adopt
the Ordinance as read. Ayes (7), Nays (0). Motion carried.
F-2 An Ordinance Amending Section 85A.19 of the Rochester Code of Ordinances,
Relating to the Expiration Date of the Juvenile Curfew Ordinance was given a
first reading. Councilmembers Evans moved, Stobaugh seconded, to suspend
the rules and give the ordinance a second reading. The Ordinance was given a
second reading. Councilmembers Evans moved, Hruska seconded, to adopt the
Ordinance as read. Discussion. Councilmember Senjem asked that some type
of report on numbers of violations be given to Council. Ayes (7), Nays (0).
Motion carried. (This amendment extends the curfew ordinance for two years
until May 31, 1998.)
F-2 An Ordinance Annexing to the City of Rochester Approximately 14.32 Acres of
Land Located in the South Half of the Southwest Quarter of Section 19, -
Township 107 North, Range 13 West, Olmsted County, Minnesota, was given a
first reading. (Bomgaars - West side of CSAH 22, north and west of Viola
Heights Drive NE).
F-2 An Ordinance Amending and Reenacting Section 61.522 of the Rochester Code
of Ordinances, Relating to the Requirement of a Traffic Impact Report for Any
Development Proposal That Utilizes an At -Grade Access Opening onto a
Freeway, was given a first reading.
F-2 An Ordinance Creating and Enacting Sections 60.328. 60.329, 60.3501, and
60.3502, and Amending and Reenacting Sections 60.310 and 60.350 of the
Rochester Code of Ordinances, Relating to the Creation of New Zoning Districts
for Land Recently Annexed to the City of Rochester, was given a first reading.
F-2 An Ordinance Amending and Reenacting Section 59.08 of the Rochester Code of
Ordinances, Relating to Sequencing and Replacement Plans for Wetland
Mitigation, was given a first reading. Councilmembers Senjem moved, Marcoux
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
' - CITY OF ROCHESTER, MINNESOTA
41350 Regular Adjourned Meeting No. 12 - May 20, 1996
Agenda
Item
F-3a
F-3b
F-3c
F-3d
G-1
G-2
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 Stobaugh moved, McConnell seconded, to adopt the Ordinance
as read. Ayes (7), Nays (0). Motion carried.
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 Uses in
Interpreting the Language of the Charter, was given a second reading.
Councilmembers Evans moved, Stobaugh seconded, to adopt the Ordinance as
read. Ayes (7), Nays (0). Motion carried.
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 second reading. Councilmembers McConnell moved, Stobaugh
seconded, to adopt the Ordinance as read. Ayes (5), Nays (2). Motion defeated
as a result of the lack of a unanimous vote.
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 Stobaugh
moved, Senjem seconded, to adopt the Ordinance as read.
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
second reading. Councilmembers Senjem moved, Evans seconded, to adopt the
Ordinance as read. Ayes (7), Nays (0). Motion carried. (Bamber Valley)
Terry Adkins, City Attorney, recommended allowing the Wetland Impact and
Replacement Plan for the West Circle Drive and U.S. 14 Intersection to remain
on the table until the State has new rules.
Councilmembers Hruska moved, Stobaugh seconded, to remove from the table
approval of the contract for Radio System Upgrade for the Police Department.
Ayes (7), Nays (0). Motion carried.
Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No.
282-96 entering into a purchase agreement for the purchase of telephone -
controlled radio system equipment and authorizing the Mayor and City Clerk to
execute said agreement. Discussion. Ayes (7), Nays (0). Motion carried.
Having no further business, Councilmembers Marcoux moved, Stobaugh
seconded, to adjourn the meeting. Ayes (7), Nays (0).
Acting City Clerk
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