HomeMy WebLinkAbout09-04-1996RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 19 - September 4, 1996 4763
Agenda
Item
A-1 President Hunziker called the meeting to order at 7:00 P.M. with the following
members being present: Councilmembers Evans, Hruska, Marcoux, McConnell,
Senjem, Stobaugh. Absent: None.
Councilmembers Senjem moved, Stobaugh seconded, to reorder the agenda
moving item E-1 to the front of the agenda. Ayes (7), Nays (0). Motion carried.
E-1 Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No.
492-96 entering into an agreement with Western Walls, Inc. regarding the
Homestead Trails Addition matter and the Manorwoods Lakes Sanitary Sewer
matter. Ayes (7), Nays (0). Motion carried.
B-1 A Hearing on PUD Amendment #96-6 by Western Walls, Inc. to amend PUD R-
38 (Homestead Trails) to permit the construction of ten (10) single family
detached dwellings adjacent to King Court SE.
Councilmembers Stobaugh moved, Hruska seconded, to approve the request to
withdraw PUD Amendment #96-6 by Western Walls, Inc. Ayes (7), Nays (0).
Motion carried.
B-2 A Hearing on Final Plat #96-19 to be known as Homestead Trails Third Replat.
Councilmembers Stobaugh moved, McConnell seconded, to approve the request
to withdraw Final Plat #96-19. Ayes (7), Nays (0). Motion carried.
B-3 A Hearing on Type III, Phase Il, Restricted Development, Preliminary Plan #96-
18 by Western Walls to permit mining on property located north of 2nd Street
(Amendment to CUP #95-18).
Councilmembers Senjem moved, Stobaugh seconded, to continue the hearing on
Type III, Phase II, Restricted Development, Preliminary Plan #96-18, to an
indefinite time. Ayes (7), Nays (0). Motion carried.
B-4 IA Hearing on General Development Plan #120 to be known as DeWitz
Development.
Councilmembers Stobaugh moved, McConnell seconded, to continue the hearing
on General Development Plan #120 to an indefinite time. Ayes (7), Nays (0).
Motion carried.
B-5 A Hearing on Type III, Phase II, Restricted Development, Preliminary Plan #96-
17 by Mathy Construction Company to permit mining on property located north of
2nd Street (Amendment to CUP #95-19).
Councilmembers Evans moved, Stobaugh seconded, to continue the hearing on
Type III, Phase II, Restricted Development, Preliminary Plan #96-17 to an
indefinite time. Ayes (7), Nays (0). Motion carried.
4764
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 19 - September 4, 1996
Agenda
Item
M
A Hearing on Vacation Petition #96-11 by Paul and Marilyn Sohm to vacate the
walkway between Lots 11-14, Block 9, Mohn & Hodge Subdivision, located
between 7th Street NE and 8th Street NE, and between 14th Avenue NE and
15th Avenue NE.
Having no one present wishing to be heard, President Hunziker closed the
hearing.
Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No.
493-96 approving Vacation Petition #96-11 by Paul and Marilyn Sohm. Ayes (7),
Nays (0). Motion carried.
A Hearing on Type III, Phase II, Land subdivision Permit (Preliminary Plat) #96-
17 to be known as Eagle Ridge Second Subdivision.
Don Borcherding, Yaggy-Colby, representing the applicant was present to
answer any questions the Council may have. He noted that there were no
problems with the conditions imposed by the Planning or Public Works
Departments. Richard Freese stated the applicant's representative has agreed to
provide a drainage plan for the entire GDP area to Public Works.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmembers Hruska moved, Stobaugh seconded, to approve Land
Subdivision Permit #96-17 with three conditions as recommended by the
Planning Department and six conditions recommended by the Public Works
Department and ask the City Attorney to prepare Findings of Fact, Conclusions
of Law, and Order. Ayes (7), Nays (0). Motion carried.
B-8 A Hearing on Consideration of Abatement Order for Property at 421-23-25 Third
Street N.W./302 Fifth Avenue N.W.
Wishing to be heard was Susan LeGare-Gulden, Building and Safety Inspector,
giving a summary of the condition of the property and wood -frame house, a
history of the problems and complaints, the vacation of the property by the owner
in 1990 and placarding of the house in April, 1994. A video-tape was shown of
the exterior and interior of the house.
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, McConnell seconded, to declare the building
a hazardous building 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
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
.CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 19 - September 4. 1996 4765
Agenda
Item
or removal of the building within 30 days. The March 31, 1989 inspection report
from Shaun Palmer, Building and Safety Inspector, was also noted. Ayes (7),
Nays (0). Motion carried.
B-9 A Hearing on Type III, Phase II Restricted Development Conditional Use #96-14
by SJC Properties to allow extraction of sand & gravel upon property located in
the southwest quadrant of the intersection of 40th Street S.W. and U.S. 63
South.
Wishing to be heard was Ken Moen, Dunlap and Seeger Law Office,
representing the applicant. He noted that there were no problems with the
conditions recommended by the Planning Commission.
the City Attorney asked Mr. Moen if Section 5.0 of the applicant's Operational
Report (dated June 24, 1996, and revised august 6, 1996) was still accurate.
Mr. Moen stated that it was accurate. The City Attorney asked Mr. Moen if the
applicant had any objection to the Council Resolution referencing Section 5.0
concerning the plan of operation, construction details, sequencing and phasing.
Mr. Moen stated that the applicant had no objection to such a reference.
Wishing to be heard was Bill Lesmeister, 4120 Highway 63 South, Lesmeister
Trucking Company. He was under the assumption, after attending a public
meeting a year ago, that only housing would be put in between 40th and 48th
Street SW; there would be no more commercial property south of 48th Street on
Highway 63 South.
Having no one else wishing to be heard, President Hunziker closed the hearing.
Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 494-
96 with the 15 conditions as recommended by the Planning Commission and the
Plan of Operation of Special Details and Sequencing as dated June 24, 1996
and revised August 6, 1996. Discussion.
Terry Spaeth, Planning Department, pointed out a typographical error in condition
#9 stating a 20 foot utility easement; the Public Works Department recommended
a 30 foot utility easement. Mr. Ken Moen, representing the applicant, stated that
there was no problem with this change. It was also noted for clarification that the
Operational Plan was dated August 6, 1996 and the Site Plan was dated August
12, 1996.
Councilmember Evans withdrew his second. Councilmember McConnell
seconded the motion. Ayes (6), Nays (0), Abstain (1). Councilmember Evans
abstained; he stated he was one of the Councilmembers who always felt that the
land in question should be commercial.
B-10 A Hearing on the 1997 Community Development Block Grant Program.
The following individuals wished to be heard requesting funding on behalf of
each of their programs:
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
47SS CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 19 - September 4, 1996
Agenda
Item
Arc of Olmsted Coun
Ann McGuire
721 12th Street N.W.
Gayle Rasmussen
1016 Second Street N.W.
Kit Hawkins
201 75th Street N.W.
Arnie Fockler
1429 City View Court N.E.
Child Care Resource & Referral
Susan Dunemann
1822 22nd Avenue N.E.
Tuttie Sherlock
420 Sixth Avenue S.W.
Community Housing Partnership
Suzanne Snyder 1711 Walden Lane S.W.
Christine Hobrough 2922 Stonegate Court N.W.
Joan Carol 2403 29th Avenue N.W.
Community Youth Mentorship Program
Scott Heck 2153 Haralson Lane S.W.
Minnesota Department of Natural Resources
Jessie Roberts Minnesota Department of Natural Resources
2300 Silver Creek Road N.E.
Omnia Family Services, Inc.
Randy Bachman
Olmsted County HRA
Jack Van Straaten
2316 Schmidt Court S.E.
923 19th Street N.E.
Possibilities of Southeast Minnesota
John Flanders 2160 Haralson Lane S.W.
Ability Building Center
Wallace Bigelow 911 14th Street N.W.
City of Rochester (Park Barrier Removal)
Roy Sutherland Director, Park and Recreation
Rochester Area Family Y
No one present
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 19 - September 4, 1996 4767
I -
Agenda
Item
Cronin Homes
Peter Glynn
Hiawatha Homes Foundation
Doug Butler
E-3
D-1
3519 17th Avenue N.W.
1820 Valkyrie Drive N.W.
Intercultural Mutual Assistance Association
No one present
Women's Shelter, Inc.
Judy Miller
120 26th Street N.W.
Bear Creek Services Foundation
Frank Anderson Director, Bear Creek Services, Inc.
Wishing to be heard was Pat LeVan, 4730 15th Avenue N.W. Ms. LeVan spoke
in support of many of the services that we asking for funding tonight.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Another hearing will be held on Monday, September 16, 1996 at which the
appropriations will be approved.
Wishing to be heard was Roger Stahl of Dingle and Wendland, LTD,
representing Doris Cravath who has received abatement orders for properties at
1201 First Street S.W. and 13 11th Avenue N.E. Mr. Stahl advised the City that
an agreement to sell these properties had been worked out with Mr. Norm Doty
whose plans are to rehabilitate those properties. However, it would require a 60-
day delay to cancel the present contract for deed with Elite Management.
Councilmembers Senjem moved, Stobaugh seconded, to deny the request for
delay of the abatement and to grant additional time to proceed with the selling of
1201 First Street S.W. and 13 11th Avenue N.E. to Norm Doty. Ayes (7), Nays
(0). Motion carried.
A number of adults and students spoke about the youth violence in Rochester,
especially related to the beating of a young black student by a gang of all -white
youths. The people speaking asked that all adults and youth.try to find a way to
get along, ignore some of the comments being made to them, and basically try to
keep peace in the community. Other people and youths spoke of police
harassment and misunderstandings about those committing the violence.
Individuals speaking are listed below:
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 19 - September 4, 1996
Agenda
Item
D-1
C-1 to
C-12
C-1
C-2
C-3
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Nate Adams, 5915 26th Avenue N.W.
Brenda Becker, 213 10th Avenue N.E.
Sam Hurne, 1291 Willow Lane S.W.
Mechelle Severson, 201 28th Street S.W.
Peggy Carpenteur, 1414 Fifth Avenue S.W.
Betty Collins, 1410 Third Street N.E.
Adult, 2016 8 1/2 Street S.E.
Student, 946 Homestead Village Lane S.E.
Jim Jones, 1683 25th Avenue N.W.
Steven , 314 Fourth Street S.E.
Christa S., 607 11th Avenue S.E.
Student, 912 13th Street S.E.
Steve Crawford, 181 36th Avenue N.W.
Student, 912 13th Street S.E.
LeRoy Booker
Beth Hofstad, 1610 Hillsboro Lane N.W.
Adult, 213 Tenth Avenue N.E.
Adult, 912 13th Street S.E.
Marsha Langdon, 325 First Avenue S.W.
Pat Levan, 4730 15th Avenue N.W.
Adult
Wishing to be heard was Norm Nelson, 5618 26th Avenue N.W. Mr. Nelson
again spoke on the renovation of the Depot, where the money sources are from
and the cost of the renovation.
Councilmembers McConnell moved, Stobaugh seconded, to approve the
following consent agenda items:
Approval of the minutes of August 19, 1996.
Approval for City cost sharing in the 37th Street river reporting gauge.
Adopt Resolution No. 495-96 approving a revocable permit for a sun canopy at
409 First Avenue S.W.
Approval of the following licenses and miscellaneous activities:
Bingo - Temporary
Harriet Bishop PTSA - October 18, 1996
Gambling - Temporary
Rochester 700 Sertoma Club - raffle at Adamson Motors - December 21,
1996
Rochester Art Center - Raffle at Kahler Plaza Hotel - November 23, 1996
Sign Installation
Scenic Sign Corporation, Sauk Rapids, Minnesota
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RECORD OF OFFICIAL PROCEEDINGS OF'THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 19 - September 4, 1996 4769
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Agenda
Item
C-5
C-6
C-7
C-8
C-9
C-10
C-11
C-12
Miscellaneous Street Use
Rochester Track Club - running race - September 21, 1996
Victim Services - March for Take Back the Night - September 21, 1996
John Marshall Homecoming Parade - October 4, 1996
Rochester Host Lions - 1997 Lions Convention Walking Parade - May 24,
1997
On -Sale Beer (Renewal)
Rochester Sports Authority, Inc. DBA Rochester Mustang Hockey Club at
the Recreation Center during the hockey season
Sound Amplification Permit
Cambodian Community Picnic and Soccer Tournament - Zumbro Park -
August 31, 1996
Approval of a sound amplification permit for the annual Coming Out Day
Celebration by the Gay & Lesbian Community at the Peace Plaza on October 11,
1996.
Adopt Resolution No. 496-96 a fireworks display and sound amplification permit
for John Marshall High School is connection with their home football games on
August 30, September 20, October 4, 16, 22, 26 and November 1 and 8, 1996,
at the John Marshall football field.
Approval of the use of sidewalks, peace plaza, and skyway and a sound
amplification permit to allow Ballroom Dancing Demonstrations during the week
of September 20-29, 1996 in collaboration with National Ballroom Dance Week.
Approval of Accounts Payable in the amount of $1,769,218.22.
Adopt Resolution No. 497-96 adopting Personnel Policy Section XXXII -
Computer Usage.
Adopt Resolution No. 498-96 reapportioning the previously levied assessments
for Projects J-9006 and J-9007 for property Plat 5111 Parcel 000602, Younge
Development Company.
Adopt Resolution No. 499-96 reapportioning the previously levied assessments
for Project J-9185 for property Plat 0147 Parcel 002700, Younge Development
Company.
Adopt Resolution No. 500-96 entering into an Assessment Agreement with Mr.
and Mrs. Eugene Swygman, Plat 1690, Parcel 002500 for Project J-8569 "Baihly
Water Tower" and J-9193 "Sanitary Sewer and Watermain".
Adopt Resolution No. 501-96 levying the proposed assessment for Project J-
8569 against Plat 1690, Parcel 002500.
4770
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 19 - September 4, 1996
Agenda
Item
E-2
E-4
E-5
E-6
E-7
Adopt Resolution No. 502-96 levying the proposed assessment for Project J-
9193 against Plat 1690, Parcel 002500.
Ayes (7), Nays (0). Motion carried.
Councilmembers Stobaugh moved, Evans seconded, to reconsider the action
taken on Vacation #96-10, Homestead Trails, at the August 19, 1996 meeting.
Ayes (7), Nays (0). Motion carried.
Councilmembers Stobaugh moved, McConnell seconded, to adopt Resolution
No. 503-96 deleting the condition previously adopted as proposed by the
Planning Commission on Vacation #96710. Ayes (7), Nays (0). Motion carried.
Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No.
504-96 to accept the low bid of A.E. Benike Construction Company with a
recommendation to MNDOT and also to consider the opinion of the City Attorney
as to any irregularities that might be in that bid. Discussion.
Councilmembers Hruska, Evans and Senjem were concerned about the use of
amount of tax dollars to be used in renovation.
Upon roll call vote Councilmembers Marcoux, McConnell, Stobaugh and
President Hunziker voted aye; Councilmembers Evans, Hruska and Senjem
voted nay. Ayes (4), Nays (3). Motion carried.
Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 505-
96 approving the purchase of a step van for the Public Utilities Department from
Dave Syverson Truck in the amount of $40,789.00. Ayes (7), Nays (0). Motion
carried. The low bid of Bob Seely Ford was rejected for failure to meet bid
specifications.
Councilmembers Evans moved, McConnell seconded, to table the execution of
assessment agreements for Project No. 1-1996 (J-9388) "Curb and Gutter
Construction" as requested by the Public Works Department. Ayes (7), Nays (0).
Motion carried.
Councilmembers Evans moved, Stobaugh seconded, to reject the low bid of
Innovative Contractors for $60,147.00 for Curb and Gutter Project No. 1-1996 (J-
9388) on the recommendation of the Public Works Department. Ayes (7), Nays
(0). Motion carried. Public Works felt that the project did not have to be
completed this fall and rebidding may result in more bids.
E-8 Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
506-96 accepting the bid of $91,928.00 from H & H Electric, Incorporated for
Project No. J-6379 "Installation of Traffic Signal and Street Lights at 55th Street
N.W. and East Frontage Road TH 52". ayes (7), Nays (0). Motion carried.
RECORD OF*OFFICIAL PROCEEDINGS.OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 19 - September 4. 1996 4771
Agenda
Item
E-10
E-11
E-12
Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution
No. 507-96 directing the City Clerk to publish notice of a Public Hearing at
7:00 P.M. on October 7, 1996 to consider amending the Home Rule Charter
providing for the position of City Administrator within the Charter. Ayes (6),
Nays (1). Motion carried. Councilmember Senjem voted nay.
Councilmembers McConnell moved, Senjem seconded, to accept the donation of
land for City park purposes from James and Mary Woodruff, Sr. contingent upon
no adverse soil contamination. Ayes (7), Nays (0). Motion carried.
Councilmembers Hruska moved, Marcoux seconded, to approve a revocable
permit for a sun canopy at 10 Historic Third Street S.W. (Kennedy Building).
Ayes (7), Nays (0). Motion carried.
Richard Freese, Public Works Director explained that the Council needed to take
action on the Layout Plan Approval for TH 14/West Circle Drive Interchange as
required by State Statute. The project would result in an interchange being
constructed at West Circle Drive and TH 14 in 1997 and the closure of the
existing 7th Street N.W. signalized intersection with TH 14.
Councilmembers McConnell moved, Evans seconded, to disapprove the Layout
Plan for TH 14/West Circle Drive. Discussion.
Councilmember McConnell indicated that he was voting against the Plan
Approval because he felt that the change was within the City of Rochester and
the City should have the right to an access.
Mr. Freese pointed out that the Seventh Street access would be closed because
there would not be enough distance from the end of the intersection on ramp
acceleration lanes to construct deacceleration lanes for a 7th Street access to
the south side of TH 14. Freese also stated that the Layout Plan was consistent
with previous Council and ROCOG decisions and official actions.
Councilmember Evans withdrew his second. Motion died for lack of second.
Councilmembers Hruska moved, Stobaugh seconded, to adopt Resolution No.
508-96 approving the TH 14/West Circle Drive Layout Plan and authorize the
City Clerk to forward the Resolution to the State Commissioner of
Transportation.. Upon roll call Councilmembers Hruska, Marcoux, Stobaugh and
President Hunziker voted aye; Councilmembers Evans, McConnell and Senjem
voted nay. Ayes (4), Nays (3). Motion carried.
F-3 An Ordinance Amending and Reenacting Section 53.09 of the Rochester Code of
Ordinances, Relating to Licenses, Fees and Competency Examinations for
Contractors and Master Installers Licenses was given a second reading.
Councilmembers Marcoux moved, Hruska seconded, to approve the Ordinance
as read. Ayes (7), Nays (0). Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 19 - September 4, 1996
Agenda
Item
F-4
G-1
G-2
Councilmembers McConnell moved, Hruska seconded, to adopt Resolution No.
509-96 approving an owner contract between the City, Younge Development
Company and Road Constructors, Inc. for Project No. J-9300 "Basic Construction
in Eagle Ridge Second Subdivision - Lots 1-4, Block 1; Lots 1-7, Block 2;
Lots 1-6, Block 3". Ayes (7), Nays (0). Motion carried.
Councilmembers Marcoux moved, Hruska seconded, to remove from the table
Final Plat #96-18 to be known as Baihly Meadows Third Subdivision. Ayes (7),
Nays (0). Motion carried.
The Public Works Department noted that the grading plan has been completed
and approved by the Department.
Councilmembers Evans moved, Senjem seconded, to adopt Resolution No. 510-
96 approving Final Plat #96-18 - Baihly Meadows Third Subdivision. Ayes (7),
Nays (0). Motion carried.
Councilmembers Hruska moved, McConnell seconded, to remove from the table
Vacation Petition #96-12 by Robert and Ann Milbrandt, Michael and Beverly
Griffin and Richard Lundquist to vacate the south 5' of an existing 10' wide utility
easement located along the rear of Lots 1-3, Block 1, Northgate Addition. Ayes
(7), Nays (0). Motion carried.
Councilmembers McConnell moved, Senjem seconded, to approve a Revocable
Permit for the applicants of Vacation Petition #96-12. Discussion.
Richard Lundquist, 1809 26th Street N.W., one of the petitioners, was present
and discussed the issue of moving the poles.
Ayes (6), Nays (1). Motion carried. President Hunziker voted nay.
Councilmembers Marcoux moved, McConnell seconded, to deny Vacation
Petition #96-12 on the basis that there is a public need for easement. Ayes (7),
Nays (0). Motion carried.
Having no further business, Councilmembers Marcoux moved, Stobaugh
seconded, to adjourn the meeting to 4:00 P.M. on Thursday, September 12,
1996. Ayes (7), Nays (0). Motion carried.
City Clerk
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