HomeMy WebLinkAbout03-17-1997RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
.4900 Regular Adjourned Meeting No. 7 - March 17, 1997
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President Hunziker called the meeting to order at 7:00 P.M. with the following
members present: Councilmembers Mack Evans, Ed Hruska, Marcia Marcoux,
Jean McConnell, David Senjem and Walter Stobaugh. Absent: None.
Boy Scout Troop #83 was introduced at the meeting.
A Hearing on the Application for Federal Transit Assistance.
Wishing to be heard was Tony Knauer, Public Works Department of
Transportation, available to answer any questions.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution
No. 121-97 approving the 1997 Program of Projects and the submittal of the
grant application to the Federal Transit Administration. Ayes (7), Nays (0).
Motion carried.
A Hearing on the Half -Fare Benefits On Rochester City Lines.
Wishing to be heard was Tony Knauer, Public Works Department of
Transportation, available to answer any questions.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmembers Hruska moved, Marcoux seconded, to adopt Resolution No.
122-97 identifying Medicare card holders, persons age 65 and over, and ZIPS
card holders as eligible for half -fare benefits during off peak hours on Rochester
City Lines. Ayes (7), Nays (0). Motion carried.
A Hearing on Final Plat #97-4 to be known as Erickson's Subdivision.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No.
123-97 approving Final Plat #97-4 to be known as Erickson's Subdivision. Ayes
(7), Nays (0). Motion carried.
B-4 A Continued Hearing on General Development Plan #123 by Jerry Schultz and
Randy Reynolds to be known as Southern Woods located south of 48th Street
S.W., east of 11th Avenue S.W. and west of T.H. 63.
Wishing to be heard was Jane Groves, 1142 Willow Lane S.W. Ms. Groves
noted the discrepancy in the number of single family and townhomes in the
environmental worksheet from what had previously been planned. She also
noted that the worksheet had not been sent to the EPA as mandated.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned' Meeting No. 7 - March 17, 1997 4901
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Phil Wheeler, Planning Department, stated that they had forwarded the
environmental worksheet to the EPA using an address obtained from the
Environmental Quality Board. He noted that the number of homes has changed
but the density still remains well under the maximum of the City land use plan.
Wishing to be heard was Jeff Griffin, GGG Engineering, representing the
applicants. He stated that the density had changed because they didn't wanted
road frontage on both side of the lots.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmember Senjem asked about the MNDOT letter recommending that the
plan not be approved. Mitzi Baker, Planning Department, explained that MNDOT
is now satisfied because the General Development Plan has been changed to
reflect the TH 63 official map conditions placed on the approval by the Planning
Commission.
Councilmember Senjem also asked about the acreage in Outlot B being set
aside for parkland. Denny Stotz, Park Department, explained that the area is in
the floodplain but flat and will be seeded for softball and soccer fields; therefore,
the floodplain poses no threat. Twelve (12) acres of parkland dedication credits
will be extended to the developers of the subdivision.
Councilmembers Evans moved, Hruska seconded, to approve General
Development Plan #123 to be known as Southern Woods with nine conditions as
recommended by the Planning Commission and instruct the City Attorney to
prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0).
Motion carried.
B-5 A Hearing on Vacation Petition #97-2 by Ven Star Corporation to vacate a utility
easement which dissects Lot 9, Block 1 Radichel First Replat to facilitate the
construction of an office/warehouse building.
Wishing to be heard was Brenda Radichel, Minneapolis, representing Ven Star
Corporation, requesting approval of the utility easement.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmembers McConnell moved, Marcoux seconded, to adopt Resolution No.
123A-97 approving Vacation Petition #97-2 by Ven Star Corporation. Ayes (7),
Nays (0). Motion carried.
B-6 A Hearing on Type II, Phase ll, Land Subdivision Permit #97-3 to be known as
North Park Eighth.
Wishing to be heard was Louis Yockey, McGhie & Betts, representing the
applicant. Mr. Yockey stated that the conditions were acceptable as
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
4902 CITY OF ROCHESTER, MINNESOTA
Regular Adiourned Meeting No. 7 - March 17, 1997
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recommended by the Planning Commission with the exception of condition #5
where the developer shall make lot 5 of Blocks 1 and 2 unbuildable and to be
used as a temporary turn -around.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
It was noted that condition 7 requiring the developer to provide and install poles
and lights is no longer an issue as the City is not requiring developers to do so
at this time.
Councilmembers Senjem moved, Stobaugh seconded, to approve Land
Subdivision Permit #97-3 to be known as North Park Eighth with eight conditions,
striking condition number 7 and instructing the City Attorney to prepare Findings
of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried.
A Hearing on Project No. 9702 (J-2262) "Construction of a Temporary Right -In,
Right -Out, from 7th Street N.W. to TH 14 Due to the Closing of the Current 7th
Street N.W. Access".
Wishing to be heard was Rob Larson, 621 Elton Hills Drive N.W., speaking in
favor of the project and commending the staff and Council for their efforts in
trying to provide a solution to the problem of no access. He asked whether it
was necessary to have curb and gutter and also if the assessment would be
spread over five or ten years.
Wishing to be heard was Jim Stelley, 911 28th Street N.W., wondering if
accesses could be changed between the Westgate Service and Delta Marine
businesses.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Richard Freese, Public Works Department, stated that the assessment period will
be the length of the improvement, five years. The assessment will be levied at
the completion of the project (November/December 1997) and certified to the tax
rolls for 1998. He stated that it is unlikely that the project could remain
permanent as it is not allowed for in the agreement with MNDOT. Curb and
gutter is typical on the improved side of the frontage road and the curb/gutter will
delineate from ins and outs of the businesses. Mr. Freese stated that the
change in accesses for Delta Marine and Westgate Service would be looked at.
Quarve-Anderson will not be assessed as they have no direct frontage on the
street as it is unlikely that a large number of their trucks will be using the
access; therefore, it would be of no benefit to them. The assessment for Sunrise
Estates includes only curb/gutter and frontage road as the access is not
applicable to them.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 7 - March 17, 1997 4003
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Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 124-
97 ordering Project No. 9702 (J-2262) "Construction of a Temporary Right -In,
Right -Out, from 7th Street N.W. to TH 14 Due to the Closing of the current 7th
Street N.W. Access". Ayes (6), Nays (1). Motion carried. President Hunziker
voted nay stating that he could not justify spending this amount of money for a
project that will be torn down in five years.
C-1-2, Councilmembers Stobaugh moved, Evans seconded, to approve the following
C-4-6, consent agenda items.
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C-1 Approve the minutes of the March 3, 1997 meeting.
C-2 Adopt Resolution No. 125-97 authorizing the Mayor and City .Clerk to execute the
contract between Rochester Civic Music and Paul Myhrom for musical
entertainment for Honest Paul's Annual Bike Auction.
C-3 See at end of C section.
C-4 Adopt Resolution No. 126-97 setting a hearing for assessment of weeds, trees,
debris, sewertwater, snow. -
C-5 I Approve Accounts Payable in the amount of $798,171.38.
C-6 Adopt Resolution No. 127-97 authorizing the City Clerk to advertise for bids for
two (2) 1997 36,000 lb GVW dump trucks with hydraulic system and dump boxes
for the Public Works Department.
C-7 See at end of C section
C-8 Accept the donation of $1,195 from the Rochester Police Benevolent Association
to be used towards the purchase of safety equipment for the Emergency
Response Unit.
C-9 Adopt Resolution No. 128-97 authorizing the City Clerk to advertise for bids for a
semi -tractor for the Water Reclamation Plant to be used in the hauling of
biosolids to farm fields.
C-10 Adopt Resolution No. 129-97 authorizing the City Clerk to advertise for bids for
the RAS Piping Replacement at the Water Reclamation Plant.
Ayes (7), Nays (0). Motion carried.
C-3 Approve the following licenses and miscellaneous activities:
Judy Scherr, City Clerk, asked that the Council consider the request from the
Civic Music Department to waive the $50.00 license fee for the Temporary On-
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 7 - March 17, 1997
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Sale Intoxicating Liquor License. She also noted that the street use for the
Rochester Track Club is a Running race to be held on May 10, 1997 at Essex
Park.
Terry Adkins, City Attorney, stated that the Rochester Code of Ordinances does
not allow for waiver of the license fee for liquor licenses.
Dover Firefighters Relief Association at Radisson Plaza Hotel
Rochester Youth Mustang Hockey Association at CJ Midtown Lounge and
North Star Bar
Gambling - Tempor_ [y Raffles
Celebration of a City (Rochesterfest) at John Marshall High School and
Silver Lake Park
Liquor On -Sale Temporary
Rochester Civic Music Country Night Fundraiser at Graham Arena on
April 18 and 19, 1997
Sewer and Drains
Rochester Landscaping Services, Inc., Stewartville
Daren Hofschulte DBA D.H. Backhoe, Elgin
Sidewalks - Cement (Renewal)
Dobbs Construction, Inc., Dodge Center
Miscellaneous r Use
Pax Christi Peace Group, Good Friday Stations of the Cross Walk,
Government Center to Peace Plaza, March 28, 1997
Paws & Claws Humane Society, Pet Walk, Northbrook Shopping Center,
May 3, 1997
International Order of Jobs' Daughters, Walk-A-Thon, Silver Lake, June 7,
1997
Bakers Square South, Celebrity Senior Night, Bakers Square, June 24,
1997
Rochester Track Club, Spring Run, Essex Park, May 10, 1997
Kiwanis Clubs & Key Clubs of Rochester, Parent/Child Fair, Municipal
Parking Lot First Avenue S.W., June 25, 1997
March of Dimes, Walk America, 10 miles around Rochester area, April 26,
1997
New Life Family Services, 5K Walk/5K, 10K Run, Soldiers Field Track,
June 14, 1997
Councilmembers Marcoux moved, Evans seconded, to approve the licenses and
miscellaneous activities. Ayes (7), Nays (0). Motion carried. The motion did not
address the Music Department's request for a waiver of the license fee.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 7 - March 17, 1997 4005
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C-7 Accept the donation of one bicycle for the Police Reserve Bike Patrol from Paul
Myhrom in the amount of $500.
Councilmember McConnell thanked Mr. Myhrom for his.donation of a bicycle to
the Bike Patrol. Councilmember Evans noted that in San Antonio the bike patrol
was an integral part of their police enforcement unit. He challenged downtown
businesses to donate or contribute to the donation of bike saying that he would
then donate one as well.
Councilmembers McConnell moved, Hruska seconded, to accept the donation
from Mr. Myhrom for one bicycle for the Police Reserve Bike Patrol. Ayes (7),
Nays (0). Motion carried.
D-1 Dean Franck, 862 West Village Circle S.E., requested to be heard about
Eastwood Village problems. Mr. Franck presented a petition from residents of
the area asking that the Eastwood Complex be restored or removed from the
area. He noted the disrepair which in turn was lowering the value of the
surrounding homes.
Wishing to be heard was Connie Simons, 1927 South Village Drive S.E.. She is
a homeowner in the neighborhood who finds the visual impact of Eastwood
Village terrible at its best. She stated that the tenants are low-income persons
who have no financial resources and no responsibility to maintain the units.
There is loud music, foul language, vandalism on adjoining properties and
children who should be in school during the day.
Wishing to be heard was Susan Legare-Gulden, Building and Safety Department,
stating that the owner has a rental certificate in only one of the buildings. She
noted the problems that her department has dealt with in the past and stated that
district court action is now pending.
D-1 Wishing to be heard was Norm Nelson, 5618 26th Avenue N.W., concerned
about when the 1996 Council priorities would be met. He also asked when the
Council meeting would be televised for the public.
D-1 Councilmember Evans asked that the Council recognize the Mayo Girls
Basketball team and their efforts in the State competitions; Councilmember
Hruska noted that they had received the Sportsmanship Award during the
tournaments.
E-1 Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No.
130-97 calling for a public hearing to be held on April 7, 1997 for the
establishment of a tax increment financing project for the Gauthier project. Ayes
(7), Nays (0). Motion carried.
E-2 Councilmembers Marcoux moved, Evans seconded, to adopt Resolution No.
.131-97 amending the subordination agreements with First Bank to remove the
expiration dates contained in the agreement for the PEMSTAR project. Ayes (7),
Nays (0). Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
4906 CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 7 - March 17, 1997
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Councilmembers McConnell moved, Stobaugh seconded, to approve a parking
variance for the proposed site for the Chicago and Great Western Depot. Ayes
(7), Nays (0). Motion carried.
Councilmembers Hruska moved, Marcoux seconded, to adopt Resolution No.
132-97 authorizing the City Clerk to advertise for bids for Project No. J-6919 for
a new steel ten unit T-hanger to be constructed at the Rochester International
Airport. Ayes (7), Nays (0). Motion carried.
Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No.
133-97 entering into a Professional Services Agreement with McGhie and Betts,
Inc. for plans and engineering work for Project No. J-6919, new steel ten unit T-
hanger to be constructed at the Rochester International Airport. Ayes (7), Nays
(0). Motion carried.
Councilmembers McConnell moved, Evans seconded, to adopt Resolution No.
134-97 entering into an Aviation Development Agreement with AGD, Inc. to
develop a portion of land at the Rochester International Airport for Air Cargo.
Ayes (7), Nays (0). Motion carried.
Councilmembers Evans moved, Marcoux seconded, to approve the following
Rochester Public Utilities resolutions:
Resolution No. 135-97 entering into a contract agreement with Hathaway Tree
Service for tree trimming services for an amount not to exceed $67,735.25.
Resolution No. 136-97 approving a purchase order with Graybar for Holophane
100-watt high-pressure sodium vertical burning luminaries in an amount not to
exceed $43,000.00.
Resolution No. 137-97 entering into a contract agreement with Mid -Continent
Area Power Pool entitled MAPP Center Agreement.
Resolution No. 138-97 approving a grant agreement amendment with the State
of Minnesota DNR for Supplement No. 1 to Dam Safety Grant Agreement for
engineering for Zumbro Lake Dam Repairs.
Resolution No. 139-97 approving Contract Amendment 3 to the Rail
Transportation Contract between Illinois Central Railroad Company, CP Rail
System, Dakota, Minnesota & Eastern Railroad Corporation and Rochester
Public Utilities.
Ayes (7), Nays (0). Motion carried.
Councilmembers Stobaugh moved, Senjem seconded, to approve the change in
ownership for the On -Sale Wine and On -Sale Malt Liquor licenses for China
Garden Restaurant at 1645 North Broadway to the sole ownership of Guo Xiao.
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. 7 - March 17, 1997 4907
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E-9 Councilmembers McConnell moved, Marcoux seconded, to approve the parkland
dedication for Salem Sound 4th be revised to cash in lieu of land in the amount
of $5,160.00. Discussion.
Denny Stotz, Park Department, explained to the Council that 100% of the
acreage of recreational ponds that are platted are available for public use shall
be removed from the parkland dedication calculation, 50% shall be removed if
the recreational ponds that are platted are available for private use.
Bill Tointon, McGhie & Betts, representing Mr. Penz, stated that they would be
willing to wait on the parkland dedication until the current dedication ordinance is
reviewed.
Councilmembers Stobaugh moved, McConnell seconded, to table the revision of
parkland dedication for Salem Sound. Ayes (7), Nays (0). Motion carried.
E-10 Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 140-
97 approving the labor agreement for 1997, 1998 and 1999 for IUOE - Local #49
representing the Street and Alley employees. Ayes (7), Nays (0). Motion
carried.
E-11 Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No.
141-97 approving the Meet and Confer Agreement for 1997, 1998 and 1999 for
the Parking Control Officers. Ayes (7), Nays (0). Motion carried.
E-12 Councilmembers Evans moved, Hruska seconded, to adopt Resolution No. 142-
97 approving the labor agreement for 1997 and 1998 for Local #681
representing the painters in the Public Works Department. Ayes (7), Nays (0).
Motion carried.
E-13 Councilmembers Hruska moved, Evans seconded, to adopt Resolution No. 143-
97 authorizing a three (3) percent increase effective January 1, 1997 for certain
Non -Exempt positions. Ayes (7), Nays (0). Motion carried.
E-14 Councilmembers Senjem moved, Marcoux seconded, to approve the
appointment of Brent L. Doring to the position of Motor Operator in the Rochester
Fire Department effective April 1, 1997, due to the retirement of Thomas G.
Beagle. Ayes (7), Nays (0). Motion carried.
E-15 Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No.
144-97 authorizing the settlement agreement and release for Thomlinson v. City
of Rochester for an amount of $310,248.00. Ayes (7), Nays (0). Motion carried.
E-16 Richard Freese, Public Works Director, asked the Council to approve a contract
in an amount not to exceed $17,000, rather than $13,000, to allow a parking
usage survey in conjunction with the development of City Parking Lot F.
Councilmembers Marcoux moved, Evans seconded, to adopt Resolution No.
145-97 entering into a Professional Services Agreement with Benshoof and
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
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Regular Adjourned Meeting No. 7 - March 17, 1997
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Associates, Inc. to conduct a Downtown Parking Study that specifically
addresses the impacts of redeveloping the City Parking Lot F, and a parking
usage survey, not to exceed $17,000. Ayes (7), Nays (0). Motion carried.
Councilmembers Stobaugh moved, McConnell seconded, to adopt Resolution
No.-146-97 entering into an Intergovernmental Agreement with Cascade
Township for maintenance of Township Road 251. Ayes (7), Nays (0). Motion
carried.
Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 147-
97 executing the Joint Resolution for Orderly Annexation with Cascade Township
for the right-of-way of 55th Street from West River road to Highway 52 if the
Cascade Township Board is also willing to execute the document. Ayes (7),
Nays (0). Motion carried.
Councilmembers McConnell moved, Evans seconded, to adopt Resolution No.
148-97 entering into an agreement with Olmsted County for construction
inspection and subsequent day to day maintenance on the traffic signal being
installed at the intersection of CSAH 22 (East Circle Drive) and CSAH 2 (Viola
Road). Ayes (7), Nays (0). Motion carried.
Councilmembers Hruska moved, Stobaugh seconded, to adopt Resolution No.
149-97 authorizing the City Clerk to give notice of a public hearing to be held on
April 21, 1997 at 7:00 P.M. for the PEMSTAR, Incorporated Industrial
Development Bonds (IDB) issuance approval. Ayes (7), Nays (0). Motion
carried.
An Ordinance Annexing to the City of Rochester Approximately 5 Acres of Land
Located in the Northwest Quarter of the Northwest Quarter of Section 17,
Township 107 North, Range 14 West, Olmsted County, Minnesota, was given a
second reading. Councilmembers Hruska moved, Marcoux seconded, to adopt
the Ordinance as read. Ayes (7), Nays (0). Motion carried. (Land lying south
side of 55th Street N.W., east of 50th Avenue N.W. and north of Northern Hills
Golf Course - The Greens of Rochester Partnership)
Councilmembers Hruska moved, Stobaugh seconded, to adopt Resolution No.
150-97 authorizing participation in the Minnesota Urban and Rural Homesteading
Program and administering through the Community Housing Partnership any
Urban and Rural Homestead Rehabilitation Funds that are awarded. Ayes (7),
Nays (0). Motion carried.
Councilmembers Evans moved, Senjem seconded, to instruct staff to schedule a
public hearing on April 21, 1997 at 7:00 P.M. in conjunction with the Council's
consideration of the Traffic Impact Report for the Fine Shelter Development area.
Ayes (7), Nays (0). Motion carried.
Councilmembers Stobaugh moved, Senjem seconded, to refer the notice
requirements for land use approvals extending the notice radius from 350 feet to
500 feet and to require a minimum of 50 property owners of record to receive
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 7 - March 17, 1997 4 9 0 9
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such notices to the Planning and Zoning Commission for purposes of a public
hearing. Ayes (7), Nays (0). Motion carried.
G-1 Councilmembers Stobaugh moved, McConnell seconded, to remove from the
table the approval of a cigarette license for Tobacco Discount, at 4 17th Avenue
N.W. (Miracle Mile Shopping Center). Ayes (7), Nays (0). Motion carried.
Councilmembers Evans moved, Hruska seconded, to approve the Cigarette
License for Tobacco Discount, at 4 17th Avenue N.W. (Miracle Mile Shopping
Center). Ayes (7), Nays (0). Motion carried.
H-1 Bill Tointon, McGhie & Betts, announced that Chafoulias Group donated two
additional bicycles to the Bike Patrol.
Having no further business, Councilmembers moved, seconded, to adjourn the
meeting. Ayes (7), Nays (0). .Motion carried.
Ci Clerk