HomeMy WebLinkAbout08-05-1996RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
4736 CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 17 - August 5, 1996
Agenda
Item
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President Hunziker called the meeting to order at 7:00 P.M. with the following
members being present: Councilmembers Evans, Hruska, McConnell, Senjem,
Stobaugh. Absent: Marcoux.
A Hearing on the Presentation of the Second Five -Year Plan Update for the
Medical Institutional Campus Special (Zoning) District for the Mayo Medical
Center by Mayo Foundation.
Wishing to be heard was Dr. Kerry Olsen, 2520 Northridge Lane N.E. Dr. Olsen
noted that no changes in the zoning district are requested. The proposed
projects outlined in the plan may or may not take place.
Wishing to be heard was John Waugh, Minneapolis. Mr. Waugh gave a brief
summary of what the intent of the five-year plan and projects may be on the.
individual campuses.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmembers McConnell moved, Evans seconded, to adopt Resolution No.
415-96 approving the Five -Year Construction Plan for Mayo Foundation
consistent with the 29-page document entitled "Mayo Medical Center, Rochester,
Minnesota, Medical Institutional Campus Special District Zoning, Five Year Plan
Update, May 30, 1996". Ayes (6), Nays (0). Motion carried.
It was noted the affiliation with Mayo of Councilmembers Hruska, Senjem and
Stobaugh.
A Hearing on the Petition of Vacate #96-8 by Kathryn and Jay Hollenhorst at 939
16 1/4 Street S.E. and Randy and Susan Hanenburger at 933 16 1/4 Street S.E.
to vacate the 12 foot walkway easement located on Lot 5 and Lot 6 of Meadow
Park 5th Subdivision.
Having no one present wishing to be heard, President Hunziker closed the
hearing.
Councilmembers Evans moved, Hruska seconded, to adopt Resolution No. 416-
96 vacating the 12 foot walkway easement located on Lot 5 and Lot 6 of
Meadow Park 5th Subdivision. Ayes (6), Nays (0). Motion carried.
B-3 A Hearing on Annexation by Ordinance Petition #96-10 by the Verna Badger
Trust on 8.28 acres in part of SE 1/4, NE 1/4, Section 20, Cascade Township.
Wishing to be heard was Don Borcherding, Yaggy-Colby, representing the
applicant if the Council had any questions and asking the Council to waive the
second reading and approve the ordinance at this meeting.
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Having no one further wishing to be heard, President Hunziker closed the
hearing.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
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Regular Meeting No. 17 - August 5, 1996 4737
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Councilmembers Stobaugh moved, McConnell seconded, to approve Annexation
by Ordinance Petition #96-10 for the Verna Badger Trust and instruct the City
Attorney to prepare an ordinance for adoption and waive the second reading of
the ordinance. Ayes (6), Nays (0). Motion carried.
B-4 A Hearing on Zone Change Request #96-8 by the Verna Badger Trust from the
R-1 District to the M-1 District.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers Stobaugh moved, Evans seconded, to approve Zone Change
Request #96-8 for the Verna Badger Trust. and instruct the City Attorney to
prepare an ordinance for adoption. Ayes (6), Nays (0). Motion carried.
B-5 I A Hearing on Final Plat #96-13 to be known as North Park Seventh Subdivision.
Wishing to be heard was Bill Tointon, McGhie & Betts, representing the
applicant. Mr. Tointon noted that all of the conditions have been complied with.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 417-
96 approving Final Plat #96-13 to be known as North Park Seventh Subdivision.
Ayes (6), Nays (0). Motion carried.
B-6 A Hearing on Sidewalk Project No. 4-1996 (J-9371) 'Replacement of Sidewalk
on North Side of 4 1/2 Street N.W., 11th Avenue to 13th Avenue N.W.
Construction of New sidewalk 13th Avenue N.W., 5th Place to 4th Street N.W.
New Sidewalk and Curb South side of 5th Place N.W., 16th Avenue to 13th
Avenue N.W."
Wishing to be heard were the following individuals opposed to the project of a
new sidewalk on 13th Avenue N.W. between 5th Place and 4th Street N.W.
They felt that the project did not serve the neighborhood, came too close to the
front door of houses, and was a detriment to the property. The sidewalk was
also to be a continuation of the bikepath which they felt was not going to be built.
Richard Bins James Clark
417 13th Avenue N.W. 401 13th Avenue N.W.
Mary Sullivan Derrick Amundsen
409 13th Avenue N.W. 413 13th Avenue N.W.
Mike Burke
_ 1258 Fourth Street N.W.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
.Regular Meeting No. 17 - August 5, 1996
Agenda
Item
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Mike Cox, Public Works Department, stated that the boulevard within the right-of-
way frontage in this area was 14 to 15 feet. He noted that no trees are to be
removed and that the bike path to Cooke Park was still scheduled for
construction.
Councilmembers Senjem moved, Hruska seconded, to adopt Resolution No. 418-
96 approving Sidewalk Project 4-1996 (J-9371) with the deletion of construction
of new sidewalk on 13th Avenue N.W., 5th Place to 4th Street N.W. Ayes (6),
Nays (7). Motion carried.
A Hearing on New Sidewalk Project No. 9-1996 (J-9385) "Various Locations
Throughout the City. Seventh Street and 43rd Avenue N.W. (Retention Pond
and Fillins); North side of 9th Street N.E. from 17th Avenue to 19th Avenue,
West side of 11th Avenue S.E. from 11th Street to 10 1/2 Street S.E.; 16th
Avenue S.E., 8 1/2 to 10th Street S.E.; 11th Street S.E.; 15th Avenue to 16th
Avenue S.E.; 10th Street S.E., 15th Avenue to 16th Avenue"
Wishing to be heard was Lloyd Schultz, 1010 15th Avenue S.E. Mr. Schultz
stated that he lived on the corner of 10th Street and 15th Avenue S.E. and did
not feel that there was adequate traffic to warrant the sidewalk being built. He
was opposed to the project.
Having no one further wishing to speak, President Hunziker closed the hearing.
Councilmember Stobaugh moved, Evans seconded, to adopt Resolution No. 419-
96 New Sidewalk Project No. 9-1996 (J-9385) deleting the North side of 9th
Street N.E. from 17th Avenue to 19th Avenue; 16th Avenue S.E., 8 1/2 to 10th
Street S.E.; 11th Street S.E.; 15th Avenue to 16th Avenue S.E.; 10th Street S.E.,
15th Avenue to 16th Avenue. Ayes (6), Nays (0). Motion carried.
B-8 I A Hearing on Compliance with Plat Conditions for King's Run Subdivision.
Wishing to be heard was Richard Freese, Public Works Director. Mr. Freese
referred to a report from his department noting the progress of the contractor
which has been significant within the last three weeks. He noted that there is
some sodding and some erosion control that still needs to be completed but that
he is comfortable with the progress thus far.
Wishing to be heard was Dora DeVan, 5220 Highgrove Lane N.W., stating that
progress is being made but the project is still not finished.
Wishing to be heard was Roger Carlson, Dakota of Rochester, noting the
schedule of completion for some of the work yet to be done and that they would
be providing the Public Works Department with weekly updates on their
progress.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY ,OF ROCHESTER, MINNESOTA
Regular Meeting No. 17 - August 5 1996 4739
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A Hearing on Abatement Proceeding for 1201 First Street S.W.
Susan LeGare-Gulden, Building and Safety Department, gave a summary of the
condition of the house, the complaints which led to the inspection of the property,
the resulting notification to property owners and the final vacation of the building
by tenants on January 3, 1996. Ms. LeGare-Gulden had a video-tape shown of
the property taped on July 29th, by herself and Officer Michael Beery of the
Rochester Police Department. The tape showed various portions of the building
in a state of dilapidation. Ms. LeGare-Gulden stated that in her opinion the
building was hazardous.
Wishing to be heard was Officer Michael Beery of the Rochester Police
Department. Officer Beery noted that the Police Department has had 68 calls
from the period of February 26th, 1993 to June 22, 1996 on the property,
numerous calls being after the building became vacant.
Wishing to be heard was Denis Haack, 1150 West Center Street, noting that the
neighbors had been living with the problem for several years. The Neighborhood
Watch Program tried to work with the owners but found them to be uncooperative
and unwilling.
Wishing to be heard was Lt. Tim Bangert of the Rochester Fire Department. Lt.
Bangert noted that they had inspected the property for Ms. LeGare-Gulden and
found it to not meet the minimum fire code level and that it was hazardous to
responding fire rescue personnel.
Wishing to be heard was Mike Quirk, 847 First Street N.W., President of the
Kutzky Park Neighborhood Association. Mr. Quirk stated that the owners of the
property told him that it was now worth $120,000; they had purchased it for
$98,000 and had spent $12,000 in improvements. He recommended it be torn
down.
Wishing to be heard was Roy Newer, 929 First Street S.W. Mr. Newer noted
that 21 years ago he helped repair parts of the building. He said that it has now
deteriorated to where it should be removed.
Wishing to be heard was Tibor Szabo, 1153 West Center Street, stating that the
wind and rain takes more of the siding off each time. There is considerable
amount of trash around the house and questionable people are living in it. The
back of the building is used by teens as a meeting place.
No property owners or representatives were present for comment.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmember Evans moved, Stobaugh seconded, to declare the building at
1201 First Street S.W. a hazardous structure and instruct the City Attorney to
prepare Findings of Fact, Conclusions of Law, and Order for the abatement. The
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
4740 CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 17 - August 5, 1996
Agenda
Item
order shall instruct the property owner to make necessary arrangements for
renovation within 14 days or removal of the building within 30 days. If
renovated, the roof, foundation, electrical wiring, plumbing, windows, doors,
ceilings, walls, floors, furnace, gas appliances and other necessary renovations
must be made to bring the building into compliance with building, housing and
fire codes. Ayes (6), Nays (0). Motion carried.
B-10 I A Hearing on Abatement Proceeding for 114 Seventh Street N.W.
Wishing to be heard was Susan LeGare-Gulden, Building and Safety, giving a
summary of the activities leading up to the abatement proceeding on the
building. Ms. LeGare-Gulden had a video-tape presentation, taken on July 29th,
1996, with Officer Michael Beery on the condition of the building. Ms. LeGare-
Gulden stated that in her opinion the building was hazardous.
No property owners or representatives were present for comment.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmember Stobaugh moved, McConnell seconded, to declare the building
at 114 Seventh Street N.W. a hazardous structure and instruct the City Attorney
to prepare Findings of Fact, Conclusion of Law, and Order for the abatement.
The order shall instruct the property owner to make necessary arrangements for
renovations within 14 days or removal of the building within 30 days. If
renovated, the roof, foundation, electrical wiring, plumbing, windows, doors,
ceilings, walls, floors, furnace, gas appliances, removal of trees, and other
necessary renovations must be made to bring the building into compliance with
building, housing and fire codes. Ayes (6), Nays (0). Motion carried.
B-11 1 A Hearing on Abatement Proceeding for 13 11th Avenue N.E.
Wishing to speak was Susan LeGare-Gulden, Building and Safety Department,
presenting a summary of the property at 13 11th Avenue N.E. and the need to
declare the house as a hazardous building. A video-tape of the house, taken on
July 29th, 1996, was presented as evidence. Ms. LeGare-Gulden stated that in
her opinion the building was hazardous.
No property owners or representatives were present for comment.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmembers Stobaugh moved, Evans seconded, to declare the building at
13 11th Avenue N.E. a hazardous structure and instruct the City Attorney to
prepare Findings of Fact, Conclusions of Law, and Order for the abatement. The
order shall instruct the property owner to make necessary arrangements for
renovation within 14 days or removal of the building within 30 days. If renovated,
the roof, foundation, electrical wiring, plumbing, windows, doors, ceilings, walls,
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 17 - August 5, 1996 4741
Agenda
Item
floors, furnace, gas appliances and other necessary renovations must be made
to bring the building into compliance with building, housing and fire codes. Ayes
(6), Nays (0). Motion carried.
B-12 I A Hearing on Final Plat #96-16 to be known as Arlington Subdivision.
Wishing to be heard was Mike Gowan, McGhie & Betts, representing the
developer. He stated that the developer had no objections to the conditions
placed by the Planning Staff.
Wishing to be heard was Ralph Schmitz, Sauk Rapids, Minnesota, builder of the
project. He noted that the proposed development will be using tax credits
approved through the Housing Authority.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmember Stobaugh moved to approve Final Plat #96-16 to be known as
Arlington Subdivision. Motion failed for lack of second.
Discussion from Councilmembers on the use of federally subsidized housing
programs.
Councilmembers Senjem moved, Stobaugh seconded, to table action on Final
Plat #96-16 to discuss it further at a Committee -of -the -Whole. Discussion again
on the philosophical reasons for using or not using federally subsidized monies
and what happens when conglomerates of people are created.
Phil Wheeler, Planning Department, explained to the Council that they are just
approving the Final Plat and not the General Development Plan at this time.
Councilmember Senjem withdrew his motion; Councilmember Stobaugh his
second.
Councilmembers Senjem moved;. Stobaugh seconded, to adopt Resolution No.
420-96 approving Final Plat #96-16 to be known as Arlington Subdivision with
the three conditions as recommended by the Planning Staff.. Discussion.
Councilmember McConnell was concerned that the plat was now located in a
different area than originally proposed.
Wishing to be heard was Marc Carpenter, 200 Salem Point Drive S.W. , owner of
the property since 1962. The plat is immediately south of IBM, in the same
location as previously, but a lower density than the original plan is proposed.
Wishing to be heard was Mac Hamilton, Hamilton Realty, agent for Mr.
Carpenter. Mr. Hamilton also stated that the plat is in the same location as
originally proposed.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
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_ 4 7 4 2 Regular Meeting No. 17 - August 5, 1996
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B-14
Ayes (4), Nays (2). Motion carried. Councilmembers Evans and Hruska voted
nay; they had previously voted against the use of the tax credits from the
Housing Authority.
A Hearing on the Levying of Special Assessments 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".
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmember McConnell moved, Evans seconded, to adopt Resolution No.
421-96 levying the proposed assessments for Project No. 5815-95 (J-9331).
Ayes (6), Nays (0). Motion carried.
A Hearing on Land Use Plan Amendment #96-2 and Zone Change #96-5 by
Helen Eisenman to Rezone the property at 2626 Highway 52 North to the B-4
(General Commercial) District.
Wishing to be heard was Bob Springer, 208 Fourth Street S.E., representing the
applicant. Mr. Springer explained that only 30 percent of the land in question
can be rezoned B-4 because of the presence of wetlands.
Wishing to be heard was Neil Whannel, 1811 Cascade Street N.W., opposed to
the rezoning of the lands because of the possibility of commercial development.
Wishing to be heard was Thomas Polt, 1824 Cascade Street N.W., opposed to
the rezoning but felt that some type of compromise might be worked out.
Wishing to be heard was Mike McConnell, 2622 Highway 52 North, concerned
about the rezoning; he is on the adjacent lot to the east of the property.
Wishing to be heard was Helen Eisenman, 2626 Highway 52 North. She did not
feel that the rezoning would affect the neighbors because of the drainage ditch
on the east end and the presence of the wetlands.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmembers McConnell moved, Hruska seconded, to approve Zone Change
#96-5 by Helen Eisenman for the property at 2626 Highway 52 North to the B-4
district with the exception of the east 180 feet. Ayes (6), Nays (0). Motion
carried.
Councilmember Stobaugh moved, Evans seconded, to adopt Resolution No. 422-
96 approving Land Use Plan Amendment #96-2 for the Helen Eisenman property
at 2626 Highway 52 North. Ayes (6), Nays (0). Motion carried.
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B-15
A Hearing on City Council Initiated Interim Ordinance Relating to Restricting the
Use of Land for Bed & Breakfast Purposes.
RECORD .OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
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Regular Meeting No. 17 - August 5 1996 '4 7 4 3
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Agenda
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Wishing to be heard was Robert Hanson, 826 Fifth Street S.W., asking the
Council to lift the moratorium (interim ordinance). He noted that in cities across
the United States B & Bs are being developed in new subdivisions and are
becoming an asset rather than a detriment in these areas. He also noted that
covenants within each subdivision and/or development constitute whether a B &
B is allowed and, therefore, no ordinance change is needed.
Wishing to be heard was Bill Sepic, 1502 Glendale .Hills Drive, asking the
Council to move on the issue so that Mr. Hanson can get on with his business.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmember Hruska noted that the Chamber of Commerce is receiving
approximately 100 inquiries per month from people interested in knowing if there
are B & Bs located in Rochester.
Councilmember Marcoux arrived at 10:20 P.M.
Councilmembers Hruska moved, Stobaugh seconded, to lift the moratorium
(interim ordinance) on B & B developments. Ayes (6), Nays (1). Motion carried.
Councilmember Senjem voted nay.
B-16 A Hearing on Final Plat #96-14 to be known as Lincolnshire Seventh Subdivision.
Wishing to be heard was Don Borcherding, Yaggy-Colby, representing the
applicant. He requested that the item be tabled until August 19, 1996.
Councilmembers Senjem moved, Stobaugh seconded, to continue the hearing on
Final Plat #96-14 to August 19, 1996. Ayes (7), Nays (0). Motion carried.
C-1 - Councilmembers McConnell moved, Stobaugh seconded, to approve the
C-23 following consent agenda items 1-4 and 6-23.
C-1 Approval of the minutes of the July 15, 1996 Council meeting.
C-2 Approve the mileage reimbursement increase from $.29 to $.31 per mile effective
January 1, 1997.
C-3 Adopt Resolution No. 423-96 supporting the designation of the "Laura Ingalls
Wilder Historic Highway" on portions of Highways 14, 52, 63 and 16.
C-4 Adopt Resolution No. 424-96 approving Change Order #2 in the amount of
$8,050.00 to Schroeder/Leverington for the Civic Center Expansion Project.
C-6 Adopt Resolution No. 425-96 amending the HGA skyway contract in the amount
of $1,136.90 for additional work associated with the caisson redesign.
C-7 Adopt Resolution No. 426-96 authorizing payment of an additional $6,721 in fees
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
4744 CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 17 - August 5, 1996
Agenda
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to the Leonard Parker Associates (TLPA) for design work on the Library.
C-8 Adopt Resolution 427-96 entering into a cost -sharing grant agreement with the
State of Minnesota Department of Natural Resources for Lake Zumbro Dam
Rehabilitation up to $910,000.00.
C-9 Approval of the following licenses and bonds:
On -Sale Beer - Temporary
St. Anargyroi Greek Orthodox Church - annual Greek Festival - August
25, 1996
Carnival
Bill Harries Shows - Olmsted County Free Fair - July 29 to August 4,
1996
Gambling - Temporary
Ruffed Grouse Society - raffle at Radisson Hotel Centerplace - September
13, 1996 (waive 30 day waiting period)
Rochester Softball Association - raffle at Radisson Hotel Centerplace -
October 11, 1996
American Legion Post #92 - raffle at Bear Creek Park - August 25, 1996
(waive 30 day waiting period)
Church of the Resurrection - raffle at Church - August 25, 1996
Heating Contractor
Air Corps, Inc., Brooklyn Park, Mn.
Master Plumber
John Wilder Plumbing, Brooklyn Park, Mn.
Al's Master Plumbing, Mound, Mn.
Sewer & Drain
Don Prow Cement, Rochester, Mn.
Sign Installation
All-Brite Sign, Inc., Crystal, Mn.
Tek 2000, Racine, Mn.
Miscellaneous Street Use
Mac Attack 5K Run=alk - August 9, 1996
Motorcycle Toy Run - August 17, 1996
Juvenile Diabetes Foundation - September 28, 1996
C-10 Adopt Resolution No. 428-96 approving a Sound Amplification Permit and waiver
of time restriction for Mt. Zion Christian Center, 915 Third Avenue S.E. on August
16, 1996 for a concert behind Mayo Civic Center.
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CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 17 - August 5 1996 -4 7 4 5
Agenda
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C-11
Approve a Sound Amplification Permit for the Mayo Clinic Psychology Unit, 200
First Street S.W. for annual picnic on September 28, 1996 at Essex Park.
C-12
Approve a Sound Amplification Permit for IBM HPT Department for annual picnic
at Essex Park on August 14, 1996.
C-13
Approve a Sound Amplification Permit for AFL-CIO SE Central Labor Council for
2nd Annual Ice Cream Social at Central Park on September 2, 1996.
C-14
Approve election judges for the September 10, 1996 Federal/State Primary
Election. -
C-15
Approve Account Payable in the amount of $2,250,153.88.
C-16
Approve Quarterly Investment Report from the Finance Department.
C-17
Approve request from Rochester Fire Department to advertise for bids for Mobile
Vehicle Lift System.
C-18
Adopt Resolution No. 429-96 authorizing the Mayor and City Clerk to execute the
assessment agreement for Kuehn Brothers Properties, LLC for Plat 0015, Parcel
002600 for Project No. J-9266 "Airport Water Tower" and Project No. J-9305
"Watermain on 11th Avenue S.W.".
Adopt Resolution No. 430-96 levying the assessment for Project No. J-9266
"Airport Water Tower" for Plat 0015, Parcel 002600.
Adopt Resolution No. 431-96 levying the assessment for Project No. J-9305
"Watermain on 11th Avenue S.W." for Plat 0015, Parcel 002600.
C-19 Adopt Resolution No. 432-96 authorizing the Mayor and City Clerk to execute the
assessment agreement for Kuehn Brothers Properties, LLC for Plat 0015, Parcel
002400 for Project No. J-9266 "Airport Water Tower" and Project No. J-9305
"Watermain on 11th Avenue S.W."
Adopt Resolution No. 433-96 levying the assessment for Project No. J-9266
"Airport Water Tower" for Plat 0015, Parcel 002400 .
Adopt Resolution No. 434-96 levying the assessment for Project No. J-9305
"Watermain on 11th Avenue S.W." for Plat 0015, Parcel 002400.
C-20 Adopt Resolution No. 435-96 authorizing the widening of the drive approaches
off Third Avenue S.E. to Woodruff Company at 1524 Third Avenue S.E.
C-21 Adopt Resolution No. 436-96 adding Paragraph (11) to Section E "Passenger
Loading Zones", of the Comprehensive Traffic and Parking Resolution Book to
read:
11.) West Center Street, on the north side, from 7th Avenue to a point
50 feet, more or less, east of 7th Avenue, 2 stalls, 5 minute limit,
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
4746 CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 17 - August 5, 1996
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C-22
C-23
C-5
D-1
E-14
E-1
from 7:00 A.M. to 5:00 P.M., Monday through Friday
Adopt Resolution No. 437-96 adding paragraph (314) to Section B "No Parking
Zones" of the Comprehensive Traffic and Parking Resolution Book to read:
(314) North Frontage Road of T.H. 14 from 7th Street N.W. to the
westerly City Limits, at all times.
Adopt Resolution No. 438-96 authorizing bids to be advertised for Project No.
9651 (J-6379) "Traffic Signal Installation at 55th Street N.W. and the East
Frontage Road of TH 52" to be received on August 28, 1996 and considered by
the Council on September 4, 1996.
Ayes (7), Nays (0). Motion carried.
Councilmember Senjem questioned whether the asbestos removal for the Depot
should be included in the renovation contract. It was pointed out that the
asbestos had to be removed regardless of whether the Depot was renovated or
not.
Councilmember Senjem moved, McConnell seconded, to adopt Resolution 439-
96 entering into a contract with Asbestrol, Inc. for $13,429 for removal of
asbestos shingles and a contract with a consulting firm for testing and monitoring
services relative to the removal of the asbestos shingles. Ayes (7), Nays (0).
Motion carried.
Wishing to be heard was Councilmember McConnell. Mr. McConnell expressed
his disappointment and extreme disapproval with the settlement agreement for
Bob Pawelski, Former Director of Rochester Public Utilities.
Richard Freese requested that the assessments for the Helen Eisenman property
at 2626 Highway 52 North be readjusted based on 1.05 acres of developable
land in the 2.00 acres of property for Project Nos. J-8261 and J-8652.
Robert Springer, representing the applicant, stated that the drainage ditch and
creek are not developable and should not be assessed. Mr. Freese pointed out
that under certain conditions parking lots, etc. can be built over drainage and/or
sewer and watermain pipes.
Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution 439A-
96 for approval of an assessment agreement with Helen Eisenman wherein
adjusted assessments are deferred, but will be payable within 30 days of the
issuance of a zoning certificate, building permit or the sale of the property and
are not transferrable to the new owner. Ayes (7), Nays (0). Motion carried.
Councilmembers McConnell moved, Stobaugh seconded, to approve
establishing qualifications for allowing individuals to take a competency test for a
Master Installer license and instruct the City Attorney to prepare the required
ordinance for adoption. Ayes (7), Nays (0). Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
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Regular Meeting No. 17 - August 5 1996 '4 7 4 7
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E-2 Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No.
440-96 authorizing the Mayor and City Clerk to execute an agreement with the
Rochester School District covering the School/Police Liaison Program contingent
upon School Board approval. Ayes (7), Nays (0). Motion carried.
E-3 Councilmembers Senjem moved, Marcoux seconded, to adopt Resolution No.
441-96 authorizing up to $6,000.00 for legislative efforts aimed at opposing TIF
measures which are detrimental to the City. Discussion.
Councilmember McConnell stated that, again, we have paid league dues to the
League of Minnesota Cities and now they need further funds for legislative
efforts.
Ayes (5), Nays (2). Councilmembers Evans and Hruska voted nay.
E-4 Councilmembers Senjem moved, Stobaugh seconded, to approve the request of
PossAbilities of Southern Minnesota to hold a skyway golf tournament as a
fundraising event contingent upon five conditions being met. Ayes (7), Nays (0).
Motion carried.
E-5 Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No.
442-96 entering into a contract with Lunda Construction Company in the amount
of $1,326,420.00 for the Lake Zumbro Dam Rehabilitation Project. Ayes (7),
Nays (0). Motion carried.
E-6 Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution
No. 443-96 awarding the low bid of $241,902.48 to Rochester Sand and Gravel
for Project No. 6255-95A (J-9270) "Grade Drainage Ditch Parallel to Douglas
Trail from 55th Street N.W. to Kings Run". Ayes (7), Nays (0). Motion carried.
E-7 Councilmembers Hruska moved, Evans seconded, to adopt Resolution No. 444-
96 awarding the low bid of $112,465.00 to Road Constructors for Project No.
6303-2-96 (J-2257) "Grind and Resurface Third Avenue S.E. from 12th Street to
20th Street S.E." Ayes (7), Nays (0). Motion carried.
E-8 Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No.
445-96 awarding the low bid of $483,362.00 to Elcor Construction for Project No.
6209-3-94 (J-2243) 'Reconstruction of Soldiers Field Drive and adjacent parking
lot". Ayes (7), Nays (0). Motion carried.
E-9 Councilmembers Evans moved, Senjem seconded, to adopt Resolution 446-96
awarding the low bid of $237,255.18 to Rochester Sand and Gravel 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.". Ayes (7),
Nays (0). Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
474g CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 17 - August 5, 1996
Agenda
Item
E-10
E-11
E-12
E-13
F-2a
F-2b
F-2c
F-2d
Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
447-96 levying the proposed assessments for Project No. 6311-3-95 (J-9337)
"Watermain Extension in 11th Avenue S.W. from South Pointe Drive S.W. to
Approximately 2800 Feet North of 60th Street S.W." for the first twelve lots in
Southern Hills Subdivision, but deferring for five years or until sold, whichever
occurs first. Ayes (7), Nays (0). Motion carried.
Councilmembers Senjem moved, McConnell seconded, to adopt Resolution No.
448-96 ordering bids to be received on August 28, 1996 for Curb and Gutter
Project No. 1-1996 (J-9388) "Construction of Concrete Curb and Gutter on 11th
Avenue S.E. from 12th Street to 10 1/2 Street S.E.; 11 1/2 Street S.E. East
(Macken Property); South side of 17 1/2 Street N.W. from 19th Avenue to 21st
Avenue N.W. and Replacement of Concrete Curb on the West Side of 5th
Avenue S.W. from 5th Street S.W. to Approximately 200 Feet North". Ayes (7),
Nays (0). Motion carried.
Councilmembers Senjem moved, Marcoux seconded, to adopt Resolution No.
449-96 entering into an agreement with Barr Engineering company to conduct a
Remedial Investigation and Feasibility Study of the Rochester landfill and sludge
lagoon in an amount not to exceed $179,400.00. Ayes (7), Nays (0). Motion
carried.
Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution
No. 450-96 executing Change Order No. 3 to reduce the Animal Shelter contract
by $5,234.00. Ayes (7), Nays (0). Motion carried.
An Ordinance Annexing to the City of Rochester Approximately 8.28 Acres of
Land Located in the Southeast Quarter of the Northeast Quarter of Section 20,
Township 107 North, Range 14 West, Olmsted County, Minnesota was given a
first and second reading. Councilmembers Stobaugh moved, Marcoux
seconded, to adopt the Ordinance. Ayes (7), Nays (0). Motion carried. (Verna
Badger Trust) (Suspension of the rules to give the Ordinance a second reading
was approved in the motion under item B-3.)
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. (Verna Badger Trust)
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. (Helen Eisenman property, 2626 Highway
52 North)
An Ordinance Amending Section 53.09 of the Rochester Code of Ordinances,
Relating to License Fees and Competency Examinations for Contractors and
Master Installers Licenses was given a first reading.
1
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 17 - August 5, 1996 4749
I -
Agenda
Item
F-3a
F-3b
F-4a
F-4b
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 (Property located South of Cycle City on the East Side of
Highway 63 amended to B-4)
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 Evans
moved, Marcoux seconded, to adopt the Ordinance as read. Ayes (7), Nays (0).
Motion carried. (Property located North of TH 14, West of TH 52; South of
Seventh Street N.W. to M-2)
Councilmembers McConnell moved, Marcoux seconded, to adopt Resolution No.
451-96 entering into an owner contract with Van Hook Homes for Project No. J-
9386 "Basic Construction in Balloy's First Subdivision (Block 1, Lots 6 through
11) Jensen's Second Subdivision (Block 1, Lots 3 through 7)". Ayes (7), Nays
(0). Motion carried.
Councilmembers Hruska moved, Evans seconded, to adopt Resolution No. 452-
96 entering into an owner contract with Payne Company and Friedrich
Construction for Project No. J-9376 "Basic Construction in Northern Heights East
12th Subdivision". Ayes (7), Nays (0). Motion carried.
Having no further business, Councilmembers Stobaugh moved, Marcoux
seconded, to adjourn the meeting.
City Clerk