HomeMy WebLinkAbout12-18-1996RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 31 - December 18, 1996 4 8 41
Agenda
Item
A-1 President Hunziker called the meeting to order at 7:00 P.M. with the following
members present: Councilmembers Evans, Hruska, Marcoux, McConnell,
Senjem, Stobaugh. Absent: None
B-1 IA Hearing to Amend the Zoning Ordinance and Land Development Manual -
Commercial Wireless Telecommunications Services and Towers.
Wishing to be heard was John Barstow; American Portable Telecom, 1701 East
79th Street, Bloomington, Minnesota, speaking to the recommendations of the
planning staff. Mr. Barstow explained that he had no problem with the painting
of towers but they are difficult to maintain and require repainting every six years
or so. They would prefer galvanized paint rather than colors. Mr. Barstow asked
that the issue of catwalks or platforms not be totally denied but looked at on a
case -by -case basis. On the question of a licensed engineer provision, Mr.
Barstow asked that it is very hard to find licensed engineers in this business and
he would suggest language to allow for qualified radio frequency engineers be
used in the ordinance.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
John Harford, Planning Department, spoke to the staff recommendations saying
that he had asked various individuals and it is difficult to find a licensed engineer
in this profession; therefore, the wording in the ordinance should include a
qualified radio frequency engineer as well. Catwalks have a visual impact and
should be kept to a four foot maximum. The staff will pick the specific colors of
the towers.
Staff noted that this ordinance should encourage companies to negotiate and
cooperate with each other to have multiple placement on towers.
Councilmembers Marcoux moved, Stobaugh seconded, to instruct the City
Attorney to prepare an ordinance amending the Zoning Ordinance and Land
Development Manual on Commercial Wireless Telecommunications Services and
Towers approving staff recommendations 1 and 2 and adding to number 3 'other
qualified radio frequency engineers". Discussion. Ayes (7), Nays (0). Motion
carried.
B-2 IA Hearing on the Adoption of the 1997 Tax Levy, 1997 Budget and 1997-2002
CIP.
Wishing to be heard was Kevin Lund, 511 15th Avenue S.W. Mr. Lund urged the
Council not to allocate additional monies for the construction of a pool house at
Soldiers Field but rather to renovate the existing structure for economic and
historic preservation purposes.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
4842 CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 31 - December 18, 1996
Agenda
Item
Roy Sutherland, Superintendent of Park and Recreation, stated that $750,000
must be spent to construct or renovate the bathhouse to reopen Soldiers Field
pool and that the enhancements planned should bring people back to the pool.
Councilmembers Senjem moved, Hruska seconded, to adopt Resolution No. 680-
96 adopting the 1997 Property Tax Levy of $15,247.909, Resolution No. 681-96
adopting the 1997 Total Budget of $74,043,318, and Resolution No. 682-96
adopting the 1997-2002 Capital Improvement Program. Discussion.
Steve Kvenvold, City Administrator, explained to the Council that the amount to
be paid to the Police and Fire pension program was estimated at $560,000
higher than what was thought to be paid to PERA. Mr. Kvenvold recommended
that $60,000 of these monies be used to reduce the tax levy and the remaining
$500,000 be put into an account to pay for future increases. It is estimated that
the Police/Fire pension fund .will be increased by $70,000 in 1998.
Discussion. Councilmembers Stobaugh moved, McConnell seconded, to amend
the original motion to reduce the tax levy by $100,000 using the $560,000 of the
Police/Fire pension fund estimate and to place the remaining $460,000 in a fund
to offset future expenses in this area. Ayes (5), Nays (2). Motion carried.
Councilmembers Evans and Senjem voted nay.
Original motion as amended. Ayes (7), Nays (0). Motion carried.
C- Councilmembers McConnell moved, Senjem seconded, to approve the following
2-4, consent agenda items.
6-12,
14
C-1 See end of C items.
C-2 Approve the $100 donation from Rochester Armored Car Company to the Police
Department to purchase sand for the spring assembly of the live fire tire house at
the Firearms Range.
C-3 Approve the following licenses and miscellaneous activities:
Gambling - Temporary
Rocky Mountain Elk Foundation - raffle at Radisson Plaza Hotel - February 15,
1997
Gambling - Premise Permit
Dover Fire Relief Association - J.King Lounge at Holiday Inn South
C-4 Adopt Resolution No. 683-96 authorizing the Mayor and City Clerk to sign an
agreement with Equifax Credit Information Services, Inc. for investigative
financial and personal reports for the City Clerk and Personnel Offices.
C-5 See end of C items.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
Regular MJo%rWd W9iT9R31M1 N&§QJd$ 18, 1996
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Agenda
Item
C-6 Adopt Resolution No. 684-96 approving the Cooperative Agreement with the
Rochester Olmsted Council of Governments (ROCOG) for Transportation
Planning Activities for 1997.
C-7 Adopt Resolution No. 685-96 authorizing the City Clerk to advertise for bids for
Project No. 9502 (J-2171) "Construct Sanitary Sewer Relief Trunkline Along
DM&E RR from 1500 Feet West of TH 52 to Inplace Cascade Trunkline on West
side of Cascade Creek at 7th Street N.W." to be opened at 11:00 A.M. on
January 29, 1997.
C-8 Adopt Resolution No. 686-96 authorizing Supplemental Agreement No. 1 for
Project No. 6241-4-94 (J-9295) "41 st Street N.W. from 31 st Avenue to West
Circle Drive".
C-9 Adopt Resolution No. 687-96 authorizing Supplemental Agreement No. 1 for
Project No. 6255-94A (J-9270) "55th Street N.W. Drainage Ditch".
C-10 Adopt Resolution No. 688-96 authorizing Supplemental Agreement No. 2 for
Project No. 9555 (J-6375) "Temporary Signal at Highway 63 South at 36th and
40th Streets".
C-11 Adopt Resolution No. 689-96 authorizing Supplemental Agreement No. 1 for
Walkway Project No. 5-1995 (J-4946)
C-12 Adopt Resolution No. 690-96 authorizing the City Clerk to advertise for bids to be
received at 11:00 A.M., January 8, 1997, for City Project No. 9551 Phase B (J-
6372) "11th Avenue East Traffic Signal Interconnect from 4th Street S.e. to 14th
Street N.E.".
C-13 I See end of C items.
C-14 Adopt Resolution No. 691-96 adding paragraph (13) to Section C "Special
Parking Zones - Zone A General" of the Comprehensive Traffic and Parking
Resolution Book to read:
(13) 7th Avenue S.W., on the east side of the street from 7th Street S.W.,
north a distance of 125 feet, 7:00 A.M. to 3:00 P.M., School Days Only,
for buses only.
Ayes (7), Nays (0). Motion carried.
C-1 Councilmembers Stobaugh and Senjem questioned their voting on items for the
November 18th and December 2nd minutes. Councilmembers Stobaugh moved,
McConnell seconded, to table the approval of the minutes until the January 6,
1997 meeting. Ayes (7), Nays (0). Motion carried.
C-5 Councilmember Hruska questioned a petty cash amount for the Police
Department. After explanation, Councilmembers Hruska moved, McConnell
seconded, to approve the payment of Accounts Payable in the amount of
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER MINNESOTA
4844 Regular Adjourned Meeting No. 31 - December 18, 1996
Agenda
Item
C-13
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$1,373,439.90. Ayes (7), Nays (0). Motion carried.
Councilmember Evans asked that the recommended speed zone from 15th
Avenue N.E. to CSAH 22 on Viola Road be reduced to 30 M.P.H. rather than the
40 M.P.H. recommended by the traffic department. Richard Freese, Public
Works Director, suggested that we start with 40 M.P.H.and perhaps look at
lowering it in the future.
Councilmembers Evans moved, Marcoux seconded, to adopt Resolution No.692-
96 - requesting Mn/DOT to conduct a Speed Zone Study on three areas:
(1) Viola Road N.E. from 15th Avenue N.E. to CSAH 22
(2) Viola Road N.E. from CSAH 22 to 36th Avenue
(3) CSAH 22 from TH 63 to 800 Feet South of Viola Road
Ayes (7), Nays (0). Motion carried.
Wishing to be heard was Brian Burditt, 2749 Charles Court N.W. Mr. Burditt was
representing the Bluegrass Townhome Association concerned about the
construction behind their development known as Hampton Rhodes. Mr. Burditt
explained that the development was going to affect their privacy because of the
close proximity, decline their property values and add stress to the retaining wall
because of water runoff. He asked if the Council could impose restrictions and
further conditions upon the developer.
Terry Spaeth, Planning Department, stated that the PUD was approved last year
for Hampton Rhodes along with the grading plan and once approved, the Council
cannot come back and ask for further restrictions. Council consensus was to
set up a meeting on this issue with Administration, Planning, Mr. Burditt and the
developer of Hampton Rhodes.
Wishing to be heard was Kel Krosschell, 1334 Fourth Avenue S.E., #3. Mr.
Krosschell requested that Ordinance 85.08, concerning handbills be studied to
see if it has any legitimate value. The ordinance was passed in 1938 and is
currently not adhered to only under selective enforcement. He felt that the
ordinance violated the 1st Amendment rights to freedom of speech.
Wishing to be heard was Nathan Schriever, 729 West Center Street,
representing Citizens and Youth Violence Intervention Council. On October 25,
1996 the Council had a program at the Rochester Y and will be sponsoring
another program on January 3, 1997. He was wondering if the City Council
would like to sponsor their anti -drug, anti -gang and anti -violence programs.
Councilmembers Evans moved, Stobaugh seconded, to adopt the Focus and
Charge for Municipal Infrastructure Needs Task Force. Discussion. Ayes (7),
Nays (0). Motion carried.
Councilmembers Stobaugh moved, McConnell seconded, to approve the carry
over of $23,396 of 1996 tax credits for Homestead Village and $105,228 of 1996
tax credits for Royal Oaks Townhomes. Ayes (7), Nays (0). Motion carried.
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RECORD OF OFFICIAL. PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 31 - December 18, 1996 4845
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E-2 Councilmembers Stobaugh moved, McConnell seconded, to approve the carry
over of $23,396 of 1996 tax credits for Homestead Village and $105,228 of 1996
tax credits for Royal Oaks Townhomes. Ayes (7), Nays (0). Motion carried.
E-3 Councilmembers Senjem moved, McConnell seconded, to adopt Resolution
No.693-96 entering into a professional services agreement with Airport
Consulting Services Group to perform an abbreviated environmental assessment
for the proposed new roadway, utilities and air cargo area at the Rochester
International Airport at a cost not to exceed $38,500. Ayes (7), Nays (0). Motion
carried.
E-4 Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No.
694-96 entering into a professional services agreement with Airport Consulting
Services Group to perform a full environmental assessment for the proposed
runway extension of 02-20 at the Rochester International Airport at a cost not to
exceed $115,000. Ayes (7), Nays (0). Motion carried.
E-5 Councilmembers McConnell moved, Evans seconded, to adopt Resolution No.
695-96 approving payment to People's Cooperative Power Association in the
amount of $781,202.07 per District Court award for electric service rights to the
Willow Creek Sewer District. Discussion. Ayes (7), Nays (0). Motion carried.
E-6 Councilmembers McConnell moved, Evans seconded, to approve the transfer of
60 percent of stock for ROCL, International DBA Rookies Sports Grill and Bar,
1201 South Broadway to Scott Schneider. Ayes (7), Nays (0). Motion carried.
E-7 Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No.
696-96 awarding the contract for the Library Bookmobile to Cornhusker
International at a cost of $169,767 and rejecting the low bid of Ohio Bus Sales
for not meeting the specifications on key structural areas. Ayes (7), Nays (0).
Motion carried.
E-8 Councilmembers Hruska moved, Stobaugh seconded, to adopt Resolution No.
697-96 authorizing the City Clerk to publish the notice of hearing for January 6,
1997 for Official Street Map Amendment adding the TH63 interchange at 40th
Street S.W. to the official city street map. Ayes (7), Nays (0). Motion carried.
E-9 I This item was withdrawn at the request of the property owner.
E-10 Councilmembers Stobaugh moved, Senjem seconded, to adopt Resolution No.
698-96 entering into a contract with Bonestroo Rosene, Anderlik and Associates
for engineering services for City Project No. J-9402 "Construction of 23rd Avenue
S.E. from CSAH 9 to TH 14 and Mayo Run Ponds". _Ayes (7), Nays (0). Motion
carried.
E-11 Councilmembers Senjem moved, Hruska seconded, to adopt Resolution No. 699-
96 entering into a contract with McGhie & Betts for engineering services for City
Project No. J-2261 "Construction of 16th Avenue N.W. from Civic Center Drive to
7th Street N.W.". Ayes (7), Nays (0). Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
4g46 CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 31 - December 18, 1996
Agenda
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E-13
E-14
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Councilmembers McConnell moved, Evans seconded, to adopt Resolution No.
700-96 amending the existing agreement with Olmsted County for parking in the
Civic Center South lot to read: "120 Spaces Effective 01-01-97". Ayes (7),
Nays (0). Motion carried.
Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No.
701-96 accepting the condition survey and entering into a contract with Walker
Parking Consultants for the Design and Inspection proposal. Ayes (7), Nays (0).
Motion carried.
Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
702-96 approving an agreement with Olmsted County for the local share in
support of 1997 ZIPS Dial -A -Ride in an amount not to exceed $31,114; and,
approving an agreement with ISD #535 Community Education for sponsorship of
1997 ZIPS evening service. Ayes (7), Nays (0). Motion carried.
Councilmembers Senjem moved, Marcoux seconded, to adopt Resolution No.
703-96 approving the execution of a contract with Rochester City Lines for 1997
in an amount not to exceed $940,833.00. Ayes (7), Nays (0). Motion carried.
Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No.
704-96 agreeing to a settlement agreement for the acquisition of the Northeast
Water Tower Site in the amount of $29,350.00 and authorize the staff to
complete the acquisition of the proposed site and initiate the annexation of the
water tower site to the City of Rochester. Ayes (7), Nays (0). Motion carried.
Councilmembers McConnell moved, Evans seconded, to instruct the City
Attorney to prepare an amendment to Ordinance 3061 correcting an erroneous
legal description for the annexing of land in Haverhill Township on the south side
of CSAH 2, Viola Road N.E. (Payne Property). Ayes (7), Nays (0). Motion
carried.
Councilmembers Stobaugh moved, Marcoux seconded, to authorize staff to
solicit bids for the replacement seating at the Mayo Civic Center Theater to be
opened on January 16, 1996. Ayes (7), Nays (0). Motion carried.
Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No.
705-96 adding paragraph (104.5) to Section "B" Parking Zones to read:
(104.5) Fourth Street S.E.; on the north side, from 15th Avenue to a point
300 feet, more or less, west of 19th Avenue; 7:00 A.M. to 6:00
P.M., Monday through Friday.
Ayes (7), Nays (0). Motion carried.
Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
706-96 redesignating the existing section of CSAH 25 (Salem Road) from its
intersection with CSAH (West Circle Drive) to its intersection with 16th Street
S.W. as CASH 22, and redesignate the existing section of CSAH 8 (Bamber
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 31 - December 18, 1996 4847
Agenda
Item
Valley Road) at its intersection of existing CSAH 25 (Salem Road) east of the
Trunk Highway 52 interchange with Trunk Highway 14 East as CSAH 22. Ayes
(7), Nays (0). Motion carried.
E-21 Councilmembers Senjem moved, Stobaugh seconded, to table until January 6,
1997 the transfer of the On -Sale Intoxicating Liquor License for Hinck,
Incorporated DBA RochesCheer Pub & Grill. Ayes (7), Nays (0). Motion carried.
E-22 Councilmembers Marcoux moved, Stobaugh seconded, to amend the 1996
Council adopted Library budget to $3,162,700.00. Ayes (7), Nays (0). Motion
carried.
Mayor Canfield announced that PEMSTAR has decided to build their new
manufacturing plant of 60,000 square feet in Rochester. He expressed his
appreciation to the people of PEMSTAR how please the City is with their
program.
E-23 Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No.
707-96 establishing a public hearing for January 22, 1997 for the establishment
of a tax increment financing project for the PEMSTAR project. Ayes (7), Nays
(0). Motion carried.
E-24 Councilmembers Evans moved, Marcoux seconded, to adopt Resolution No.
708-96 approving the preliminary resolution for $1 million in State bond allocation
for the PEMSTAR, Incorporated manufacturing project. Ayes (7), Nays (0).
Motion carried.
E-25 Councilmembers Hruska moved, Evans seconded, to adopt Resolution No. 709-
96 executing an option agreement with J.W. Clemens, Incorporated for the
purchase of a 47 acre parcel of land located on Valleyhigh Drive north of the
Crenlo facility. Ayes (7), Nays (0). Motion carried.
E-26 Councilmembers Stobaugh moved, Senjem seconded, to adopt Resolution No.
710-96 authorizing staff to retain consultant services for the preparation of the
general development plan and a plan for installation of utilities for the PEMSTAR
new construction site. Ayes (7), Nays (0). Motion carried.
F-2a An Ordinance Creating Section 62.937, and Amending and Reenacting Sections
60.200, Subparagraph (b) of Clause (3) of Paragraph (a) of Subdivision 6 of
Section 60.424, and Subdivision 1 of Section 62.930 of the Rochester Code of
Ordinances, Relating to the Regulation of Commercial Wireless
Telecommunication Services and Towers was given a first reading.
F-2b An Ordinance Amending the Provisions of Ordinance No. 3061 which Provided
for the Annexation to the City of Rochester of a Portion of the East Half of the
Northeast Quarter and the Northeast Quarter of the Southeast Quarter of Section
30, and the West Half of the Northwest Quarter of Section 29, Township 107
North, Range 13 West, Olmsted County, Minnesota, was given a first reading.
rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
4848 CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 31 - December 18, 1996
Agenda
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F-3a
F-4a
G-1
Councilmembers Marcoux moved, Stobaugh 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 Evans moved,
McConnell seconded, to adopt the Ordinance as read. Ayes (7), Nays (0).
Motion carried. (Payne property - Viola Road N.E.)
An Ordinance Annexing to the City of Rochester Approximately 43.96 Acres of
Land Located in the East Half of the Southeast Quarter of Section 5, Township
106 North, Range 13 West, Lying South of the Center Line of U.S. Highway 14,
Olmsted County, Minnesota, was given a second reading. Councilmembers
McConnell moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes
(7), Nays (0). Motion carried. (North of Eastwood Road SE, West of 40th
Avenue S.E., and East of Eastwood Golf Course - Schmidt annex).
Councilmembers Senjem moved, Marcoux seconded, to adopt Resolution No.
711-96 entering into an owner agreement with Payne Company and Elcor
Construction for Project No. J-9403 ' Watermain and Service Connections in
Future Century Hills Drive N.E. from Approximately 600 Feet South of Viola
Road to Approximately 1200 Feet South of Road". Ayes (7), Nays (0). Motion
carried.
Councilmembers Senjem moved, Marcoux seconded, to remove from the table
the consideration for purchase of an Aerial Ladder Truck. Ayes (7), Nays (0).
Motion carried.
Councilmembers Marcoux moved, McConnell seconded, to adopt Resolution No.
712-96 purchasing an Aerial Ladder Truck from Clarey's Safety Equipment,
Incorporated for the price of $487,268.30. Ayes (7), Nays (0). Motion carried.
It was noted that the consideration for purchase of a tanker truck will be brought
back to the January 6th, 1997 meeting.
Having no further business, Councilmembers Senjem moved Stobaugh
seconded, to adjourn the meeting. Ayes (7), Nays (0). Motion carried.
City Clerk