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HomeMy WebLinkAbout07-01-1996RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 15 - July 1, 1996 4709 Agenda Item A-1 President Hunziker called the meeting to order at 7:00 P.M. with the following members being present: Councilmember Evans, Hruska, Marcoux, McConnell, Senjem, Stobaugh. Absent: None. B-1 I A Hearing On the Installation of a Semi-Diverter On 12th Avenue S.E./400 Block. Wishing to be heard was Jim Behr, 5945 60th Avenue N.W., Oronoco, one of the owners of property affected by the Fourth Street Project. The dwelling faces 12th Avenue. Mr. Behr stated that they are against the diverter being installed as the property will be at a disadvantage because of the length one must travel to reach it. He noted that originally the City was interested in buying a portion of the property for the 4th Street SE project and had made an offer but later took the offer away saying that they did not have to have it for the project. He feels that the diverter will make the home even harder to rent along with being surrounded by Fourth Avenue. Wishing to be heard was Randy Batzel, 435 12th Avenue S.E. Mr. Batzel stated that he was for the project. Twelfth Avenue has been an exceptionally busy street; the neighborhood has a lot of small children. The diverter would provide a safety factor for the children. Wishing to be heard was Paul Wilson, 1204 Fifth Street S.E. Mr. Wilson noted that theirs is a unique street in that it is "street locked", surrounded by 4th Street, 13th Avenue, 6th Street and 11th Avenue. They have gone from 40 cars a day to about 240 cars. They have a lot of young children along the street and are concerned with the safety of the children. He noted that he is for the diverter being added. Wishing to be heard was Joe Durigan, 415 12th Avenue S.E., was concerned about the increased traffic load on 13th Avenue and stated that the diverter would be was the best thing for the neighborhood. Having no one further wishing to speak, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 345-96 amending criteria number three defining the need for a traffic diverter to read: (3) The traffic volume must exceed the capacity of the local street Which is usually in the range of 1500 to 2000 vehicles per day, unless a local street upon which the capacity is not exceeded, experiences a 40% increase in traffic volumes resulting from non - neighborhood cut thru traffic from an arterial or collector street which is attempting to avoid traffic control devices on the arterial/collector streets. Ayes (6) Nays (1), Motion carried. Councilmember Hruska voted nay. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 47BO CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 15 - July 1, 1996 Agenda Item Councilmember Stobaugh moved, Evans seconded, to adopt Resolution No. 346- 96 Amending Section M "Neighborhood Traffic Control" of the Comprehensive Traffic and Parking Resolution Book to read: (4) 12th Avenue S.E. south of 4th Street S.E. a southbound semi- diverter Ayes (6), Nays (1). Motion carried. Councilmember Hruska voted nay. Councilmember Hruska noted that he voted nay because he -felt that the problems were short-lived and that as soon as Fourth Avenue was completed, the additional traffic would not be going through the neighborhood. Staff was instructed to look into the matter of the property owned by Jim Behr and the offer that was given and then taken away. A Hearing on the Expansion of the Meadow Park Permit Parking Zone. Wishing to be heard was Dan McCormick, 1353 Ninth Avenue S.E. Mr. McCormick lives on a corner lot, one side of which has already been designated as residential parking. He noted that the students just moved around the corner for their parking. Mr. McCormick stated that it has made a considerable difference in the amount of trash that accumulates in the area. He felt that the school lot has adequate parking to accommodate the students. Wishing to be heard was Loyola Colebeck, 1527 8 1/2 Avenue S.E. Ms. Colebeck is opposed to residential parking. She doesn't feel that home owners should have to pay to park on their own streets. She noted that the students that have parked around her home have been courteous and have picked up any materials that they may have. She urged the Council not to establish permit parking especially where the Group Home is located. Wishing to be heard was Pat Kressin, 1370 8 1/2 Avenue S. E., in favor of the permit parking. She has noticed the additional parking by students in the neighborhood and doesn't want them encroaching into her street. Wishing to be heard was Marvin Meyer, 1512 8 1/2 Avenue S.E., in favor of the permit parking . Students parking in front of his house are so close to the driveway that he can't gain access to it.. Wishing to be heard was Dennis Foreman, 861 13 1/2 Street S. E.,. He stated that he has seen the parking problem come up before (at John Marshall High School) and feels that the Council should automatically approve the entire Meadow Park area for residential parking as the students will just keep moving from street to street where parking is permitted. Wishing to be heard was Mark Paukert, 1507 Ninth Avenue S.E., in favor of the program. Students are spreading trash, speeding, harassing and in general making a nuisance of themselves in front of his home. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 15 - July 1. 1996 4 711 Agenda Item Having no one further wishing to speak, President Hunziker closed the hearing. Councilmembers McConnell moved, Evans seconded, to adopt Resolution No. 347-96 adding the following paragraphs to Zone 4 "Meadow Park" of Section L Permit Parking of the Comprehensive Traffic and Parking Resolution Book to read: 5.) 13 1/2 Street S.E. from 9th Avenue to 8th Avenue 6.) 9th Avenue S.E. from 15th Street to 16th Street 7.) 8 1/2 Avenue S.E. from 13 1/2 Street to 16th Street Ayes (7), Nays (0). Motion carried. Councilmember Evans stated that what everyone should do is contact the School Board and ask that they not charge the students for parking in the school parking lots. B-3 I A Hearing on General Development Plan #120 to be known as Lake DeWitz. Wishing to be heard was Joan DeWitt, 604 11th Avenue N.W. Ms. DeWitz V stated that she was available to answer any questions and would be making a presentation but would wait until after others had spoken to be able to respond at that time. Wishing to be heard was David Foley, 3430 Lake Street N.W. He was concerned that the level of the water in the lake would be maintained. He was also concerned about the trails around the lake venturing through people's property and that access to the trails would be sufficient so as to now cause additional traffic in the neighborhoods. Wishing to be heard was Jean Fisk, 3822 Fourth Place N.W. supporting the City's development of the Cascade Lake area. Wishing to be heard was Carl Dirkson, 3322 Lake Street. Mr. Dirkson was also concerned about maintaining the water levels of the lake. He noted that he is in favor of option three because it would provide a lot of lake access for the general public and the power line would not need to be removed. He expressed concern about private property along the lake being condemned in the future as his property abuts the lake. Wishing to be heard was Robert Larson, 621 Elton Hills Drive N.W., representing TradeMart Furniture. When the Cascade Lake area is developed, Seventh Street will be dead -ended. Would it be possible to continue Seventh Street around and give the public more access to the beach area. He stated that it would help the businesses to have Seventh Street extended. Wishing to be heard was Terry Lee, Water Resource Consultant for Olmsted County. Mr. Lee pointed out the drainage area in the present Cascade Creek Watershed that will drain to the lake and the steps Olmsted County is looking at to prevent runoff into the lake area. He also noted that something will need to RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 4712 Regular Meeting No. 15 - July 1, 1996 Agenda Item be done to prevent runoff by properties surrounding and abutting the lake which could prove as damaging as runoffs from rural land in the county. He indicated the need for, and the proposed plan's failure to provide, a buffer between the residential lots and the lake. Wishing to be heard was Joan DeWitz, 604 11th Avenue N.W., discussing the General Development Plan submitted by Western Walls for the property in the Cascade Lake area. Ms. DeWitz noted that the plan meets all of the criteria of the general development plan including an approved grading plan as a part of the conditional use permit. She stated that the Council needs to make a decision as to where the trail will go around or through the lake. She noted that Western Walls has proposed an option of their own for the development of the Lake area incorporating parks, trails, public areas and private lots. Wishing to be heard was Robert DeWitt, 604 11th Avenue N.W., pointing out the aspects of the plan submitted by Western Walls. He stated there was no need for a buffer between the residential lots and the lake. Wishing to be heard was Carl Dirksen, 3322 Lake Street N.W., noting that those persons living along the lake will need to be educated so that runoff from their lawns does not impact the problems of pollution in the lake. Wishing to be heard was Roy Sutherland, Director of Parks and Recreation for the City of Rochester. Mr. Sutherland asked that if the Western Wall plan is approved, the Park Department should be making the decision on the type and placement of the parks. Wishing to be heard was Steve Jorgensen, 4564 Third Street N.W., speaking on behalf of the residents in Rochester who can't afford $80,000 lots. He noted that he was in favor of the idea of moving the power lines to provide a more aesthetic view for everyone. He was also in favor of having the trail around the lake. He encouraged the Council to continue to move on the issue. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Marcoux moved, Stobaugh seconded, to deny General Development Plan #120 on the basis that it does not meet the requirements of Paragraph 61.215 and instruct the City Attorney to prepare Fact and Findings along those lines. Discussion. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 15 - July 1, 1996 4 713 Agenda Item It was noted by Terry Adkins, City Attorney, that the Council has until September 18th, 1996 to deal with this application. If they do not make a decision by that time, Western Walls can resubmit their General Development Plan. Councilmembers were reminded that they were making a decision on a General Development Plan, not on an option for the Cascade Lake Area. Councilmembers also felt that they needed to get together as a group to talk and deal with the options presented and then they would be able to give Planning and Zoning direction as to which way to proceed with development plans for the Lake area; they feel was that the Lake would be an important part of Rochester and it should not be rushed. Councilmember McConnell asked that the motion is amended to waive the filing fee for Western Walls to refile their General Development Plan, and essentially start the time clock over in the process. The other Councilmembers gave general consensus to the amendment. Ayes (5), Nays (2). Motion carried. Councilmembers Evans and Hruska voted nay. B-4 A Hearing on Text Amendment #96-5 Detailing Allowable Signage for Adult Establishments Terry Adkins, City Attorney, noted that the proposed amendment was taken from the Minneapolis ordinance that has been upheld by the Minnesota Board of Appeals. He stated that requirement "c" should be changed so as to address adult products or entertainment. He recommends subsection "c" read as follows: c) No merchandise or pictures of the products or entertainment on the premises which depict or describe "specified sexual activities" or "specific anatomical areas" shall be displayed in window areas or on any area where they can be viewed from the sidewalk in front of the building. Having no one further wishing to speak, President Hunziker closed the hearing. Councilmembers McConnell moved, Stobaugh seconded, to instruct the City Attorney to prepare an ordinance for adoption on the amendment to Paragraph 63.224 of the Rochester Zoning Ordinance and Land Development Manual as amended pursuant to the City Attorney's recommendation. Ayes (7), Nays (0). Motion carried. B-5 A Hearing on Zone Change Request #96-6 by Texpar Energy, Inc., from the M-1 District to the M-2 District Wishing to be heard was Mac Hamilton, 400 South Broadway, representing the applicant Texpar Energy. He asked for the Council's support and would answer any questions they had of him. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4714 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 15 - July 1, 1996 Agenda Item - B-7 Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Hruska seconded, to instruct the City Attorney to prepare an ordinance to adopt Zone Change Request #96-6 by Texpar Energy, Inc. approving the change with conditions A through D as outlined. Ayes (7), Nays (0). Motion carried. A Hearing on Vacation Petition #96-6 by Khien Nguyen to vacate the five-foot wide utility easement located on Lot 16, Block 5, Country Club Manor 1st Subdivision. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Senjem seconded, to adopt Resolution No. 348-96 approving Vacation Petition #96-6 for a five-foot wide utility easement located on Lot 16, Block 5, Country Club Manor 1st Subdivision. Ayes (7), Nays (0). Motion carried. A Hearing on Vacation Petition #96-5 by Lawrence Coss to Vacate a Portion of McQuillan Drive N.W. Wishing to speak was Gary Nietz, representing the applicant, stating that this portion of McQuillan Drive N.E. was platted and intended to provide access to property south of Rocky Creek Mobile Home Park. However, with the new development in the area, this access is no longer needed. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hruska moved, Evans seconded, to adopt Resolution No. 349- 96 approving Vacation Petition #96-5 by Lawrence Coss for a portion of McQuillan Drive N.E. Ayes (7), Nays (0). Motion carried. A Hearing on Zone Change Request #96-7 by Richard Lien and Thomas Lund from the R-1 District to the B-4 District. Having no one wishing to speak, President Hunziker closed the hearing. Councilmembers Stobaugh moved, McConnell seconded, to instruct the City Attorney to prepare an ordinance for adoption of Zone Change Request #96-7 by Richard Lien and Thomas Lund with conditions A through D as noted. Ayes (7), Nays (0). Motion carried. A Hearing on Project No. 9200-0-92 (J-9218) "Construct Silver Creek Trunk Sewer along the north side of Railroad from existing S.E. Trunk to East Circle Drive then construct East Circle Drive Trunk Sewer north along east side of East Circle Drive to Viola Road N.E." to Serve Silver Creek and New High School Area. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 15 - July 1 1996 4 715 Agenda Item Wishing to be heard was Jeffrey Salisbury, 2610 Viola Road N.E., concerned about the future of having to hook up to the sewer line to serve the new high school. He stated that he had a good sewer and well at present and was not interested. Richard Freese, Public Works Director, informed Mr. Salisbury that he was not obligated to hook up to the public utilities. His property fell into the area that could be served. If he decided to do so, his assessment would be based on acreage rather than front footage. Having no one further wishing to speak, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 350-96 approving Project No. 9200-0-92 (J-9218) "Construct Silver Creek Trunk Sewer Along the north side of Railroad from existing S.E. Trunk to East Circle Drive then construct East Circle Drive Trunk Sewer north along east side of East Circle Drive to Viola Road N.E." Ayes (7), Nays (0). Motion carried. B-10 A Hearing on Project No. 9308 (J-9288) "Construction of a High Level Water Tower in the Northern Heights Area". Wishing to be heard was Morris Hovel, 3615 16th Avenue N.E., Cascade Township. Mr. Hovel was also concerned about the need for hooking up to the Water Tower. He was also told that he did not need to but was in the service area should he want to. Having no one further wishing to speak, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 351-96 approving Project No. 9308 (J-9288) "Construction of a High Level Water tower in the Northern Heights Area". Ayes (7), Nays (0). Motion carried. B-11 A Hearing on 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". Wishing to be heard was Dave Hunt, 806 Northern Heights Drive N.E. Mr. Hunt explained that he was for the grind, overlay but was opposed to the curb and gutter part of the project. He did not feel that the curb and gutter improved his property and, therefore, should be eliminated. Wishing to be heard was Mike Quaranta, 1108 Northern Heights Drive N.E. Mr. Quaranta was not in favor of any of the project as he did not believe that the improvement benefitted his property. Wishing to be heard was Mary Petersson, 809 19th Street N.E.. Ms. Petersson stated that she is not in favor of the project as the road does not appear to need resurfacing. She also stated that resurfacing would only cause the traffic to speed more; they need something to slow the traffic rather than speed it up. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4716 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 15 - July 1, 1996 Agenda Item B-12 B-13 Wishing to be heard was Eric Larson, 715 Northern Heights Drive N.E., opposed to the project. Mr. Larson did not feel that there was a need for the project and was also concerned about the cost of the curb and gutter. Having no one further wishing to speak, President Hunziker closed the hearing. Richard Freese, Director of Public Works, gave an overview of the condition of the street stating that, although the street looks in good shape, it will continue to deteriorate at an accelerated rate and will cost much more in a few years. If the street is overlayed, it will last another 20 years before needing any more work. It is also wise to put concrete curb and gutter in rather than bituminous because of the longer life cycle the concrete curb has over bituminous curb. Mr. Freese noted that there are other streets in the City in worse shape but that Northern Heights Drive is worth saving now and will result in cost savings in the long run. Wishing to be heard again was Mike Quaranta, 1108 Northern Heights Drive N.E., thanking Councilmember Evans for going around the neighborhood and asking the residents their opinions of the project. He stated that he still believed that the project was not needed. Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 352-96 approving 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". Ayes (6), Nays (1). Motion carried. Councilmember McConnell voted nay. A Hearing on Sidewalk Replacement Project No. 6-1996 (J-9373) "Sidewalk Replacement Project on 18th Avenue N.W.'from 22nd Street to 41st Street N.W.; 22nd Avenue N.W. from approximately 42nd Street to 48th Street N.W.; 13th Avenue N.W. from 41st Street to 46th Street N.W.; 8th Avenue S.E. and 9th Avenue S.E. from 16th Street to 20th Street S.E. and Several Miscellaneous Lots Throughout the City". Having no one present wishing to be heard, President Hunziker closed the hearing. Councilmember McConnell moved, Stobaugh seconded, to adopt Resolution No. 353-96 approving Sidewalk Replacement Project No. 6-1996 (J-9373) and ordering the City Clerk to advertise for bids for July 12, 1996. Ayes (7), Nays (0). Motion carried. A Hearing on Sidewalk Replacement Project'No. 5-1996 (J-9372) "Sidewalk Replacement on 13th Avenue N.W. from Cascade Street to 20th Street N.W.; 11th Avenue and 12th Avenue N.W. South of Elton Hills Drive; 21st Street and 22nd Street N.W. from 13th Avenue to 15th Avenue N.W.; Zumbro Drive from Elton Hills Drive to 4th Avenue N.W.; 26th Street, 27th Street and 29th Street N.W. from Zumbro Drive to 9th Avenue N.W." 1 C RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 15 - July 1, 1996 4717 Agenda Item Mike Cox, Sidewalk Superintendent, Public Works Department, noted that the map that accompanied the materials was in error; it showed 28th Street rather than 27th Street. Councilmembers Senjem moved, McConnell seconded, to adopt Resolution No. 354-96 approving Sidewalk Replacement Project No. 5-1996 (J-9372) and ordering the City Clerk to advertise for bids to be opened on July 12, 1996. Ayes (7), Nays (0). Motion carried. C-1 - I Councilmember Evans moved, Stobaugh seconded, to approve the following C-22 consent agenda items: C-1 Approve the minutes of the. June 17, 1996 meeting. C-2 Adopt Resolution No. 355-96 approving Change Order #1 in the amount of $500 to the Mavo Systems, Incorporated contract for asbestos abatement at Mayo Civic Center. C-3 Councilmember McConnell stated that the terms and conditions in the agreement between the Rochester Airport Commission and Mesaba Aviation were not attached; therefore, they had no idea what the terms and conditions are. Staff said that they will make sure in the future that the RCA reflects any terms and conditions referred to. Adopt Resolution No. 356-96 authorizing the City of Rochester and Rochester Airport Company to execute the agreement with Mesaba Aviation. C-4 I Approved the following licenses and miscellaneous activities. Off -Sale Malt Liquor Eav Ngov DBA Asian Food Store Cigarettes - Over the Counter Eav Ngov DBA Asian Food Store Rochester Golf & Country Club Nathaniel Calvert DBA J & K Auto Repair, Inc. Gambling - Temporary ARC of Olmsted County - Raffle at Gloria Dei Lutheran Church - 10/29/96 Heatina Contractor Terry Guimond Contractor, St, Charles Master Installer Michael Erickson, Fridley Terry J. Guimond, St Charles Master Plumber Major Mechanical, Maple Grove 4718 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 15 - July 1, 1996 Agenda Item '�i C-6 C-7 C-8 C-9 C-10 C-11 C-12 C-13 C-14 C-15 Sewer and Drains Pat Lagainere DBA Riverside Sand & Gravel Miscellaneous Street Use Downtown Business Association - Annual Sidewalk Sale Days - 7/18- 21 /996 March of Dimes - Walkmania - 8/5/96 Ayes (7), Nays (0). Motion carried. Adopt Resolution No. 357-96 approving a sound amplification permit and waiver of time period for a neighborhood block party for Dr. Roger Click, 1454 Bell Oaks Lane S.W. Approve accounts payable in the amount of $1,515,885.77. Approve the appointment of Rickey G. Krueger.to the position of Lieutenant in the Rochester Police Department effective July 1, 1996. Approve the appointment of Brian T. Winters to the position of Lieutenant in the Rochester Police Department effective July 1, 1996. Approve the appointment of Michael Stellenberg to the position of Lieutenant in the Rochester Police Department effective July 1, 1996. Approve the appointment of Donald Hodkinson to the position of Lieutenant in the Rochester Police Department effective July 1, 1996. Approve the appointment of Daniel M. Pulford to the position of Lieutenant in the Rochester Police Department effective July 1, 1996. Approve the appointment of Donald S. Timmerman to the position of Lieutenant in the Rochester Police Department effective July 1, 1996. Approve the appointment of Shawn T. McCarron to the position of Lieutenant in the Rochester Police Department effective July 1, 1996. Adopt Resolution No. 358-96 authorizing the Director of Employee Relations to sign the Work -Study Agreement between the City and Rochester Community College effective July 1, 1996 through June 30, 1997. Adopt Resolution No. 359-96 entering into an assessment agreement with property owners in the Hillcrest Area for Project No. 9106-95 (J-9353) "Sanitary Sewer and Watermain in 23rd Avenue 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". 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 15 - July 1, 1996 47 9 1 Agenda Item C-16 C-17 C-18 C-19 C-20 C-21 C-22 D-1 Adopt Resolution No. 360-96 entering into an assessment agreement with property owners in Riverview Subdivision for Project No. 9504-95 (J-9352) "Sanitary Sewer and Watermain in Riverview Lane N.E., Erin Lane N.E. and 27th Street N.E., all in Riverview Subdivision". Adopt Resolution No. 361-96 entering into an assessment agreement with property owners in the area of 32nd Street N.E. for Project No. 6232-1-92 (J- 9252) "Sanitary Sewer and Watermain in 32nd Street N.E. - Morris' Second and Third Subdivisions". Adopt Resolution No. 362-96 entering into an assessment agreement with Duane E. Johnson, 1262 Marion Road S.E. for connection charges for Project J-2235 "Watermain on East Side of Marion Road S.E. from Eastwood Road S.E. to Approximately 800 Feet South". Adopt Resolution No. 363-96 levying the Connection Charge for Project J-2235 against Duane E. Johnson, 1262 Marion Road S.E. Adopt Resolution No. 364-96 levying the Water Service Availability Fee for Project J-2235 against Duane E. Johnson, 1262 Marion Road S.E. Adopt Resolution No. 365-96 authorizing the City Clerk to advertise for bids for Project No. 6255-95A (J-9270) "Grade Drainage Ditch Parallel to Douglas Trail from 55th Street N.W. to Kings Run". Adopt Resolution No. 366-96 authorizing the City Clerk to advertise for bids for Project No. 5815-95 (J-9331) "Grind, Overlay and concrete Curb and Gutter on Northern Heights Drive N.E., Seventh Avenue to Northern Valley Drive N.E." Adopt Resolution No. 367-96 authorizing the City Clerk to advertise for bids for Project No. 6203-2-96 (J-2257) "Grind and Resurface 3rd Avenue S.E. from 12th Street to 20th Street S.E.". Adopt Resolution No. 368-96 authorizing the City Clerk to advertise for bids for Project No. 6209-3-94 (J-2243) "Reconstruction of Soldiers Field Drive and adjacent Parking Lot". Ayes (7), Nays (0). Motion carried. Wishing to be heard was Robert Hanson, 826 Fifth Street S.W., wanting to address the Council on the proposed moratorium ordinance on Bed and Breakfast establishments in the City of Rochester. He said that when he made an offer on property in the Northern Heights Drive area, he was not aware of the covenants on the subdivision which would prohibit a B & B. He also noted that after 1970 the subdivisions that were built had a covenant against B & Bs and, therefore, the moratorium ordinance would not be needed. He stated that a B & B is not a mini -motel and people should be made aware of their usage. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4720 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 15 - July 1, 1996 Agenda Item D-1 D-1 E-1 E-2 E-3 It was pointed out that Mr. Hanson would be receiving a refund from the filing fee that he had to file with the Planning and Zoning Department minus actual charges for publication of notice of hearings. It was the consensus of the Council that the total filing fee of $400 be refunded. Wishing to be heard was Norm Nelson, 5618 26th Avenue N.W., who presented three choices for the Rochester City Budget for 1997 using the CPI from 1994- 1997. Wishing to be heard was Robert DeWitz, 604 11th Avenue N.W. Mr. DeWitz questioned the connection charges applied against Manorwood Lakes Second Subdivision. A letter of December 5, 1989 from Roger Plumb (former Director of Public Works) to Stevan Kvenvold stated no assessment on the subdivision and he feels that the City should abide by the letter. Steve Kvenvold, City Administrator, suggested that the Public Works Department contact Roger Plumb and Al Toddie, formerly of the Public Works Department, to provide an explanation of the project. Council President Hunziker suggested that the former City Council members that were on the Council at that point also be contacted. Councilmembers Senjem moved, Stobaugh seconded, to reconsider the Council's previous action for an interim ordinance addressing bed and breakfast facilities. Ayes (7), Nays (0). Motion carried. Councilmembers Senjem moved, McConnell seconded, to modify the interim ordinance relating to bed and breakfast facilities to limit B & Bs to not less than five (5) acres or homes not less than thirty (30) years old. Ayes (7), Nays (0). Motion carried. Randy Reynolds, 6791 Buck Ridge Court N.E., asked about the next step in the application process was concerning a B & B for 1753 Third Avenue N.W., which would fall under the amended interim ordinance. Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 369-96 entering into an agreement with Olmsted County for the purchase of steam for the City Hall building. Ayes (7), Nays (0). Motion carried. The Council discussed the question of paying for an architectural study for the old City Hall to determine the feasibility of the Olmsted County Historical Center's occupying the building, and possible purchase. It was noted that the study will be beneficial whether the City decides to retain the building or eventually sell it. Ed Merrell, Olmsted County Historical Society, noted that unless something isn't done with the building soon, it may have to be torn down. He stated that it is a building worth saving and would allow the Historical Society to present their materials in a setting where more people could take advantage of the historical archives of the Society. LJ RECORD OF OFFICIAL PROCEEDINGS OF' THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 15 - July 1, 1996 472 I Agenda Item E-4 E-5 E-6 E-7 E-8 Councilmember Senjem moved, Stobaugh seconded, to adopt Resolution No. 370-96 entering into a contract with TSP Engineers for an Architectural Feasibility Study of the old City Hall for a contract amount of $7,500. Ayes (5), Nays (2). Motion carried. Councilmembers Evans and McConnell voted nay. Councilmembers Evans moved, McConnell seconded, to adopt Resolution No. 371-96 approving a purchase order agreement with Badger Meter, Incorporated for a one year supply of water meters in an amount not to exceed $49,120.60. Ayes (7), Nays (0). Motion carried. Councilmembers Stobaugh moved, Marcoux seconded, to direct the City Attorney to prepare a ballot question encompassing the provision proposed by the Charter Commission on Prohibition Against City Employees Holding an Elected Position with the City, and directing the City Clerk to maintain copies of the amendment in that office and publish the contents of the amendment in the legal newspaper once per week for two consecutive weeks prior to the November election. Ayes (7), Nays (0). Motion carried. Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No. 372-96 accepting the second low bid of CUES in the amount of $50,893.15 for a sanitary sewer televising system based on: The CUES equipment was able to develop adequate power and traction to project itself and tow a transmission cable over a distance of 700 feet. The other equipment was unable to accomplish such a pull. Having the ability to televise a longer stretch of sewer at one time will save significant setup time for the TV crew, and 2. The lighting capability of standard on board lights of the equipment as demonstrated by the CUES equipment was significantly brighter than the other equipment demonstrated. Ayes (7), Nays (0). Motion carried. Councilmembers Evans moved, Hruska seconded, to adopt Resolution No. 373- 96 declaring the costs to be assessed and ordering the preparation of an assessment roll for 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" and Resolution No. 374-96 ordering a hearing on the proposed assessment for August 5, 1996. Ayes (6), Nays (1). Motion carried. Councilmember McConnell voted nay. Councilmember Evans moved, Senjem seconded, to reconsider the June 17, 1996 action of a failed motion to approve Project No. 7301-96 (J-9377) "Extension of the North Branch of the Northwest Trunkline Sanitary Sewer from 55th Street N.W. at the Douglas Trail to 57th Street N.W. and in 57th Street N.W. to the West Line of White Oaks Subdivision, Phase I". Ayes (6), Nays (1). Motion carried. Councilmember McConnell voted nay. D r RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4722 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 15 - July 1, 1996 Agenda Item E-9 E-10 E-11 F-2a F-2b F-2c Councilmember Senjem moved, Stobaugh seconded, to adopt Resolution No. 375-96 approving Project No. 7301-96 (J-9377). Ayes (6), Nays (1). Motion carried. Councilmember McConnell voted nay. Dakota of Rochester was congratulated for beginning the grading and drainage ditch in the Kings Run Subdivision. Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 376-96 authorizing City Officials to accept the proposal of Walker Parking Consultants/Engineers, Inc. to conduct a structural engineering condition survey of the Center Street Ramp. Ayes (7), Nays (0). Motion carried. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 377-96 authorizing the City Administrator to submit an application for a Wetland Challenge Grant from the Minnesota Board of Water and Soil Resources that indicates that the City will match the grant on a 1 for 1 basis. Ayes (7), Nays (0). Motion carried. Councilmember Senjem moved, McConnell seconded, to approve the transfer of the On -Sale Intoxicating Liquor and Sunday Liquor licenses and issuance of an Annual Dance License to John and Roberta Klinkhammer of Eden Prairie, Minnesota and Southwest Hotel LLC to be known as Ramada Inn. Ayes (7), Nays (0). Motion carried. An Ordinance Creating and Enacting Subsection 6 of Section 63.224 of the Rochester Code of Ordinances, Relating to the Regulation of Adult Establishment Windows and Signs in the City of Rochester was given a first reading. Councilmembers Marcoux moved, Hruska 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, Evans seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. 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. (North of T.H. 14, West of T.H. 52, South of Seventh Street N.W.) 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. (South of Cycle City, East Side of T.H. 63) L �I RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 15 - July 1, 1996 4723 Agenda Item F-3a An Ordinance Creating and Enacting Section 98.20, and Amending and Reenacting Section 98.02 of the Rochester Code of Ordinances, Relating to the Electric Utility Franchise was given a second reading. Councilmember Senjem moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. F-4a Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 378-96 approving an owner contract between the City of Rochester, White Oaks Development of Rochester, Inc, and Road Constructors, Inc. to provide for construction of Project No. J-9378) 'Basic Construction in White Oaks Subdivision, Phase 1 (Lot 1-35, Block 1; Lot 1-7, Block 2; Lot 1, Block 3)" contingent upon awarding of bids for Project No. J-9377 and execution of assessment agreements for the said Project. Ayes (6), Nays (1). Motion carried. Councilmember McConnell voted nay. F-4b Councilmembers Marcoux moved, Hruska seconded, to adopt Resolution No. 379-96 approving an owner contract between the City of Rochester, Mills Fleet Farm and Road Constructors, Inc .to provide for construction of Project No. J- 9348 "Intersection Improvements at 36th Street S.W. and West Frontage Road T.H. 63 South". Ayes (7), Nays (0). Motion carried. G-1 Councilmembers Senjem moved, Marcoux seconded, to remove from the table the awarding of the bids for Project No. 7301-96 (J-9377) "Extension of the North Branch of the Northwest Trunkline Sanitary Sewer from 55th Street N.W. at the Douglas Trail to 57th Street N.W. and in 57th Street N.W. to the West Line of White Oaks Subdivision, Phase I". Ayes (7), Nays (0). Motion carried. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution 380- 96 awarding the contract for Project No. 7301-96 (J-9377) to Elcor Construction in the amount of $73,858.00. Ayes (6), Nays (1). Motion carried. Councilmember McConnell voted nay. G-2 Councilmembers Evans moved, Hruska seconded, to remove from the table the approval of the assessment agreement for Project No. 7301-96 (J-9377) "Extension of the North Branch of the Northwest Trunkline Sanitary Sewer from 55th Street N.W. at the Douglas Trail to 57th Street N.W., and in 57th Street N.W. to the West Line of White Oaks subdivision, Phase 1". Ayes (7), Nays (0). Motion carried. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 381-96 entering into assessment agreements with property owners in the White Oak Subdivision for Project No. 7301-96 (J-9377). Ayes (6), Nays (0), Abstain (1). Motion Carried. Councilmember McConnell abstained. H-1 Councilmembers Evans moved, Stobaugh seconded, to proceed with the settlement agreement for Robert DeWitt regarding the litigation of the. PUD with Homestead Trails. Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4724 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 15 - July 1, 1996 Agenda Item Having -.no further business, Councilmembers Stobaugh moved, Hruska seconded, to adjourn the meeting. Ayes (7), Nays (0). Motion carried. ity Clerk 7