HomeMy WebLinkAbout07-07-1997RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
AdjouYnedF Mee hng h6. 1 "'.iuly 7; ��Qi 4999
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Item
President John Hunziker called the meeting to order at 7:00 P.M. with the
following Councilmembers present: Councilmembers Mack Evans, Ed Hruska,
Marcia Marcoux, Jean McConnell, David Senjem and Walter Stobaugh. Absent:
None.
B-1 IA Hearing on Type III, Phase II Land Subdivision Permit #97-21 by Chuck
Forbrook known as Manor Woods West Eighth Subdivision.
Wishing to be heard was Louis Yockey, McGhie & Betts, representing the
applicant, Chuck Forbrook. Mr. Yockey reviewed the conditions as
recommended by the Planning Commission and made himself available for
questions from the Council.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmembers Evans moved, Stobaugh seconded, to approve Land
Subdivision Permit #97-21 by Chuck Forbrook known as Manor Woods West
Eighth Subdivision with five 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-2 A Hearing on Type III, Phase II, Land Subdivision Permit #97-20 by Arnold
Bomgaars to be known as Northern Heights North Townhomes Subdivision.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers McConnell moved, Hruska seconded, to approve Land
Subdivision Permit #97-20 by Arnold Bomgaars to be known as Northern Heights
North Townhomes Subdivision with five 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-3 IA Hearing on Final Plat #97-15 to be known as Northern Heights North Second
Subdivision.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmember Marcoux moved, Stobaugh seconded, to adopt Resolution No.
338-97 approving Final Plat #97-15 to be known as Northern Heights North
Second Subdivision. Ayes (7), Nays (0). Motion carried.
B-4 A Hearing on Vacation Petition #97-7 by Rodney Young to vacate a portion of
platted watermain utility easement located on Lots 7 & 8, Eagle Ridge 1st
Subdivision, Lots 2 & 3, Block 1 Eagle Ridge North Subdivision, Lots 2, 3, 4,
Block 1 Eagle Ridge 2nd subdivision and Wimbledon Hills Drive S.W. in Eagle
Ridge 1st Subdivision.
Having no one 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
Adjourned Meeting No. 16 - July 7, 1997
Agenda
Item
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C.
Councilmembers Hruska moved, Evans seconded, to adopt Resolution No. 339-
97 approving Vacation Petition #97-7 by Rodney Young to vacate a portion of
platted watermain utility easement located on Lots 7 & 8, Eagle Ridge 1st
Subdivision, Lots 2 & 3, Block 1 Eagle Ridge. North Subdivision, Lots 2, 3, 4,
Block 1 Eagle Ridge 2nd subdivision and Wimbledon Hills Drive S.W. in Eagle
Ridge 1st Subdivision. Ayes (7), Nays (0). Motion carried.
A Hearing on Vacation Petition #97-6 by Alyson Taylor to vacate a portion of a
platted utility easement located on property described as Lot 13, Block 17 Elton
Hills Fourth Subdivision.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution 340-
97 approving Vacation Petition #97-6 by Alyson Taylor to vacate a portion of a
platted utility easement located on property described as Lot 13, Block 17 Elton
Hills Fourth Subdivision. Ayes (7), Nays (0). Motion carried.
A Hearing on Annexation by Ordinance Petition #97-10 by White Oaks
Development Corporation to annex 10.88 acres of land located north of 55th
Street N.W. and East of 50th Avenue N.W. in a part of the SW 1/4, Section 9,
Cascade Township.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers Stobaugh moved, Mardoux seconded, to approve Annexation
by Ordinance Petition #97-10 by White Oaks Development Corporation to annex
10.88 acres of land located north of 55th Street N.W. and East of 50th Avenue
N.W. in a part of the SW 1/4, Section 9, Cascade Township. Ayes (7), Nays (0).
Motion carried.
B-7 IA Hearing on Permit Parking Petition on 16th Street S.E.: 8th Avenue to 11th
Avenue.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers Evans moved, Hruska seconded, to adopt Resolution No. 341-
97 adding Paragraph (10) to permit parking zone #4 "Meadow Park
Neighborhood" of Section L "Permit Parking" of the comprehensive Traffic and
Parking Resolution Book to read:
(10) 16th Street S.E. from 8th Avenue to 11th Avenue; "Permit Parking
on the north of the street from 7:00 A.M. to 3:00 P.M. school days
only".
Ayes (7), Nays (0). Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
AdjournedF Mee ing 1�To. 116 -ER u ���`r 5601
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A Hearing on Local Improvement Project No. 9709 (J-9428) 'Reconstruct North -
South and east -West Alley in Block 36, Northern Addition".
Wishing to be heard was Laurie Thorie, 33 11th Street N.E. Ms. Thorie stated
that she had signed the petition asking for the repaving of the alley not thinking
that costs to her would be associated with the paving. Therefore, she was now
objecting to the assessment and paving project. She also asked how many
residents needed to sign the petition to have the project started. Don
MacGillivray, Public Works Department, told Ms. Thorie that if more than 35
percent of the residents must sign the petition which happened in this case, then
a 5/7 vote by the Council is required to initiate the project.
Wishing to be heard was Loren Fabian, 20 12th Street N.E., stating that he was
for the project and had initiated the petition. He noted that he and his wife use
the alley on a regular basis because their garage access is from the alley. Mr.
Fabian also stated that in many instances, fences and other barriers have
encroached into the right-of-way of the alley and wondered what the City did in
this instance if it paved the alley. Don MacGillivray answered Mr. Fabian that the
width of the alley is 16 feet and it would be paved at that width; if there were
fences or other barriers in the right-of-way, they would be dealt with by the City
at that time.
Chuck Canfield, Mayor, noted that this is an exceptionally low cost, $5.00 per
front foot, for paving the alley.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No:S
342-97 ordering Project No. 9709 (J-9428) "Reconstruct North -South and East-
West Alley in Block 36, Northern Addition" to be made. Ayes (6), Nays (1).
Motion carried. Councilmember McConnell voted nay stating that he would
rather see a project done in an area where it was wanted by the majority of the
residents and just not 35 percent.
B-9 A Hearing On the Levying of the Proposed Assessment for Local Improvement
Project No. 9709 (J-9428) "Reconstruct North -South and East-West Alley in
Block 36 Northern Addition".
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers Senjem Moved, Stobaugh seconded, to adopt Resolution No.
343-97 Levying the Proposed Assessment for Local Improvement Project No.
9709 (J-9428) "Reconstruct North -South and East-West Alley in Block 36
Northern Addition". Ayes (7), Nays (0). Motion carried.
B-10 A Hearing on Final Plat #97-23 to be known as South Zumbro Plaza.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
. 5 O O 2 Adjourned Meeting No. 16 - July 7, 1997
Agenda
Item
Wishing to be heard was Bill Tointon, McGhie & Betts, representing Hy-Vee, Inc..
Mr. Tointon gave a brief review of the proposed plat and what is encompassed
within the four separate lots. He noted that the conditions recommended by the
Planning staff were acceptable. Mr. Tointon noted that he had received a letter
from Terry Driscoll representing the Crossroads Neighborhood Association
requesting that the proposed sidewalk along the south side of the Meyer property
be removed. He stated that there was no problem with not including the
sidewalk; therefore, condition #4 would be eliminated. In answer to a question
by Councilmember Senjem, Mr. Tointon stated that condition #3, utility
easements, are currently being planned with the City Public Works Department.
On the question of fire code violations, Mr. Tointon replied that the only conflict
was with some perpendicular parking in the front of the building.
Wishing to be heard was Carla O'Neill, 522 16th Street S.W. , concerned about
the intersection, getting semi trucks in and out of the rear of the Crossroads
Shopping Center, and whether the proposed modification .to present 14th Street
and 3rd Avenue S.W. intersection would remain. She said that it was her
understanding that with the proposed intersection remaining, the semis could not
get in and out and if the intersection was not modified more traffic would flow into
the neighborhood. Richard Freese, Public Works Director, replied that the
Development Agreement with Hy-Vee required modification of the intersection
while maintaining access to the rear of the Crossroads Center stores for delivery
purposes and that Hy-Vee is responsible for all costs associated with the
reconstruction of the 14th Street and 3rd Avenue S.W. intersection.
Wishing to be heard was Terry Driscoll, 1403 Fourth Avenue S.W., stating that
he continued to be opposed to the project. He asked that the Council reaffirm its
commitment to the neighborhood by making a part of the public record the
following statement:
The City Council of Rochester hereby promises that the "Richard Freese
intersection" as represented in the Traffic Plan will be constructed,
complete with landscaping and neighborhood signs, at the intersection of
3rd Avenue and 14th Street prior to the opening for business of any
stores in the Fineshelter/HyVee Development.
Wishing to be heard was Suzanne Kennebeck, 521 Fifth Avenue S.W., stating
that she is very much opposed to the development. Ms. Kennebeck referred to a
letter from Mr. Ragan which appeared in the Rochester Post Bulletin on June 26,
1997 entitled "New Hy-Vee Is A Welcome Addition". The letter refers to the
increased tax base, Ms. Kennebeck stated that the neighborhood is not arguing
about tax base or status quo but rather just doesn't want the addition to the
neighborhood.
Wishing to be heard was Bob Meek, one of the owners of the Crossroads
Center, talking about the intersection behind the Crossroads. He noted that he
had a meeting with the traffic planner for FineShelter and McGhie & Betts. The
discussion with them was that the proposed changes to the 14th Street and 3rd
Avenue S.W. intersection wouldn't work. There is a power pole on the southwest
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
AdjournedF MReOefing NoE16 M�u�y 7� �� 5003
Agenda
Item
corner of the shopping center property which, if the intersection is designed as
proposed, he will not be able to get his trucks in and out.
Mr. Freese and Mr. Nigbur of the Public Works Department it was stated that if a
part of the Crossroads Center property was needed to make the intersection
feasible and Mr. Meek did not want to sell, it could be condemned and taken.
Mr. Meek stated that he wanted a level playing field.
Wishing to be heard was John Boeker, 1403 Fifth Avenue S.W., thanking
Councilmembers Evans, Hruska and McConnell for their support. This project
does not have to go through. When one considered the thousands of dollars of
profit being made by the Baptist Church, Mr. Bishop, and others and yet there is
no money to isolate this project from the neighborhood, it is ironic.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Richard Freese, Public Works Director, spoke as to the concerns of Mr. Meek.
Mr. Freese stated that one problem is that Mr. Meek has an agreement with
FineShelter and HyVee but no agreement with the City. He indicated previously
to Mr. Meek that the City would attempt to design the improvement on the
intersection without encroaching into the 50 square feet of property at the
southwest corner of the property. The project consultant is designing the
intersection at the request of the neighborhood and will be designed to
accommodate truck movements around the corner. If right-of-way is needed
from Mr. Meek he will be approached and treated like any other property way.
Any costs associated with the leases at the Crossroads Center or eminent
domain proceedings are reimbursable to Mr. Meek through the Development
Agreement with Hy-Vee. If the telephone pole needs to be moved to
accommodate the north -south movements of trucks and getting into the back of
the Crossroads Center, Rochester Public Utilities will move the telephone pole
with HyVee reimbursing Rochester Public Utilities.
Councilmembers McConnell moved, Hruska seconded, that Final Plat #97-23 to
be known as South Zumbro Plaza be denied. Discussion.
Ayes (3), Nays (4). Motion failed. Councilmembers Marcoux, Senjem, Stobaugh
and President Hunziker voted nay.
Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
344-97 approving Final Plat #97-23 to be known as South Zumbro Plaza as
proposed with five conditions with condition #4 being removed at the request of
the Neighborhood Association. Discussion.
Councilmember Stobaugh acknowledged the neighborhood's intersection plan;
and asked the Council that some assurances be given that we stand behind that
intersection. It was the general consensus that this acknowledgement be made
a part of the motion.
IF"—
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 16 - July 7, 1997
Agenda
Item
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B-12
Ayes (4), Nays (3). Motion carried. Councilmembers Evans, Hruska and
McConnell voted nay.
A Hearing on City Planning and Zoning Commission Initiated Text Amendment
#97-4 to Amend the Provisions of Paragraph 60.334 of the Rochester Zoning
Ordinance and Land Development Manual to Increase Distances for Hearing
Notification.
Wishing to be heard was John Boeker, 1403 Fifth Avenue S.W., stating that what
needs to be addressed is the concept; i.e., that being, that people who are
directly affected be notified which should also include line of sight and line of
direct hearing in addition to distance.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Terry Adkins, City Attorney, recommended a change in the language proposed
by the Planning Commission to read: "...within a minimum distance of 500 feet
of, and to at least 50 property owners closest to,...."
Councilmembers Senjem moved, Evans seconded, to amend the provisions of
Paragraph 60.334 of the Rochester Zoning Ordinance and Land Development
Manual to Increase Distances for Hearing Notification including the substitute
language of the City Attorney. Ayes (7), Nays (0). Motion carried.
A Continued Hearing on Zoning Ordinance Amendment #97-3 To Address the
Removal of Advertising Signs Pending Permit Issuance and To Extend the
Review Time Provided to Staff for Permit Reviewal.
Wishing to be heard was Chris McCarver, Universal Outdoor, 3225 Spring Street,
Minneapolis, Minnesota. Prior to the sign ordinance having a moratorium put on
it, they had submitted eleven (11) applications to erect signs in the City of
Rochester at a cost of approximately $21,000 each. Mr. McCarver appealed to
the Council to grant their applications since they were made prior to the interim
ordinance. He noted that they have paid approximately $250,000 which checks
the City has cashed and now they are just in a waiting period without use of their
monies. Mr. McCarver asked for an exemption to the moratorium.
Terry Adkins, City Attorney, noted that the purpose of the moratorium is to put
everything on hold until the issue has been reviewed. The Committee on Urban
Environment (CUE) will be looking at the broader issue of billboards and will
make their recommendation to the Council.
Mitzi Baker, Planning Staff, noted that the applications were received from
Universal Outdoor but have not been reviewed because of the interim ordinance.
If Universal Outdoor asks for a refund, it should be coordinated with the Planning
Department so that they can credit any of the sign credits previously used.
S'
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
Adjourned MReeting NoE16 MJuly T, 1997 5.600
Agenda
Item
Mayor Canfield noted that one recommendation that the CUE Committee may
come up with is to have less, rather than more, billboards in the City.
Councilmembers McConnell moved, Evans seconded, to continue the hearing to
the July 21 st, 1997 Council Meeting. Ayes (7), Nays (0). Motion carried.
B-13 A Continued Hearing on Type III, Phase I Appeal #97-3 by Vogel Outdoor
Advertising to Appeal the Decision of the Rochester Zoning Board of Appeals
Not To Uphold the Zoning Administrators Decision That Complete Applications
Were Not Submitted.
Councilmembers Hruska moved, Evans seconded, to continue the hearing to the
July 21st, 1997 Council Meeting. Ayes (7), Nays (0). Motion carried.
C-1 - Councilmembers Evans moved, Hruska seconded, to approve the following
C-13 consent agenda items:
C-1 Approve the minutes of the June 16, 1997 meeting.
C-2 Approve the following licenses and miscellaneous activities:
Dance - Temporary
Aviary Restaurant, Malibu Mania, July 18, 1997
Gambling - Temporary
Bamber Valley PTA, Raffle at Bamber Valley Elementary School, October
4, 1997
Heating Contractor
Taylor Industries, Des Moines, Iowa
Master Installer
Scott Jasper, Ames, Iowa
James Glatzmaier, Rochester, Minnesota
Signs - Renewal
LeRoy Signs, Incorporated, Minneapolis, Minnesota
Sound Amplification Permit
Mayo Clinic, Division of Psychology, Annual Division Picnic, Slatterly
Park, August 3, 1997
Aviary Restaurant, Malibu Mania, Aviary Parking Lot, July 18, 1997,
request waiver of time restriction from 8:00 PM to Midnight
Mt. Zion Christian Center, Worship and Praise Ceremony, Mayo Civic
Center Patio, August 15, 1997, request waiver of time restriction from 8:00 to
9:00 P.M.
19 1/2 Avenue Lane N.W. Block Party (Crime Prevention), August 16,
1997
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
SOOG CITY OF ROCHESTER, MINNESOTA
Adio urn -d Meeting No- 16 - July 7, 1AA7
Agenda
Item
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Miscellaneous Activities
LeLeche League of Rochester Group Walk, August 2, 1997
Rochester's 18th Annual Women's Running Race, July 26, 1997
Mary Vlazny for Peace Run, July 21, 1997
Adopt Resolution No. 345-97 consenting to the holding of boxing or sparring
exhibitions sponsored by Tuffy's Boxing Promotions, Incorporated, for the
remainder of 1997.
Approve Accounts Payable in the amount of $1,675,205.16.
Adopt Resolution No. 346-97 approving and supporting the Olmsted County
Housing and Redevelopment Authority's application to administer the MHFA
Home Improvement Deferred Loan Program for Olmsted County, inclusive of the
City of Rochester.
Adopt Resolution No. 347-97 entering into a settlement agreement in the amount
of $521.65 with Remington Arms Company, Incorporated, regarding the type of
steel formerly used for the barrels of Remington 12 gauge shotguns.
Adopt Resolution No. 348-97 forwarding a petition from property owners for a
local improvement project to the Public Works Department for a feasibility study
for "Sanitary Sewer Extension on Bandel Road N.W."
Adopt Resolution No. 349-97 authorizing the City Clerk to advertise for bids for
Project No. 6248-4-97 (J-9416) "Basic Construction in 48th Street N.W. from 31st
Avenue N.W. to the West Approximately 1750 Feet to the West Line of Carriage
Homes Subdivision".
Adopt Resolution No. 350-97 entering into an agreement with Olmsted County
for the routine maintenance by the City of 11.31 miles of county highway within
the City limits.
Adopt Resolution No. 351-97 approving the correction of the contract amount on
the awarding of a contract to Interstate Roofing and WTP, Inc. for City Project
No. J-2005 "Reroofing the Traffic Operations Building". The contract amount is
corrected at $29,593.00.
Adopt Resolution No. 352-97 deleting paragraph (89.5) of Section E "Passenger
Loading Zones" of the Comprehensive Traffic and Parking Resolution book
removing the loading zone at #19-8th Street N.W.
Adopt Resolution No. 353-97 adding paragraph (9) to Section G "One -Way
Streets and Alleys" for the new Fairfield Hotel, to read:
(9) The westerly North -South alley in Block 6, Kutzky's Addition to be
one-way southbound, for service vehicles only.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 16 - July 7, 1997
Agenda
Item
C-13 Adopt Resolution No. 354-97 adding paragraphs (305.3) and (254.7) to section B
"No -Parking Zones" of the Comprehensive Traffic and Parking Resolution Book
to read:
(254.7) 40th Avenue S.E. on both sides of the street from TH14 to
Eastwood Road, wherever the roadway is within the City
limits, at all times.
(305.3) Eastwood Road S.E. on both sides of the street from
Marion Road to TH 14, wherever the roadway is within the
City limits, at all times.
Ayes (7), Nays (0). Motion carried.
D-1 Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
355-97 referring the petition for "Extension of Watermain Along the 7th Street
Extension of Highway 14 West" by Gary Mattox to the Public Works Department
for a feasibility study. Ayes (7), Nays (0). Motion carried.
D-2 Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No.
356-97 referring the petition for "Extension of Sanitary Sewer in 7th Street N.W.
from the Northwest Corner of Manorwoods West Third Subdivision Westerly 900
Feet to the Intersection of Future Manor Park Drive N.W. and 7th Street N.W. to
serve Manorwoods West Eighth Subdivision" to the Public Works Department for
a feasibility study. Ayes (7), Nays (0). Motion carried.
D-3 Wishing to be heard was Norm Nelsen, 5618 26 Avenue N.W., grading the
Council on one of their 1996 goals; i.e., the establishment of a Customer
Satisfaction Program by December 31, 1996.
E-1 Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No.
357-97 approving a public hearing for July 21, 1997 to consider the purchase of
10 acres of land to enlarge Development District No. 7 for Rochester
Technology Park. Ayes (7), Nays (0). Motion carried.
E-2 Councilmembers Stobaugh moved, Marcoux seconded, to revise the area subject
to the eminent domain proceeding on Western Walls Cascade Commons land to
include north of the 300 foot strip. Discussion.
Councilmember Senjem was concerned about whether we need the extra 34
acres for the public need and what other options do we have other than eminent
domain, that would allow us to achieve what the City's objectives are; i.e.,
continue to give the present landowner access to lands that he intends to mine.
Gary Neumann, Assistant City Administrator, explained that if the land to the
north is not acquired a potential severance problem might be created for the
property owner. The City would also have to go back to the owner in the future
5008,
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RECORD -OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 16 - July 7, 1997
regarding a negotiation for acquisition of the lake bottom and power line areas.
Acquisition of the strip would increase the compensation to the owner for the
amount of unmined land and will insure that the lake will be public.
Councilmember McConnell did not think that eminent domain should be used; it
should only be used in life -threatening situations; he would rather see the City
purchase the property from the owner.
Councilmember Evans expressed that the City should not be in the mining
business and should continue to let the property owner mine the property.
Councilmember Marcoux felt that the 34 acres is a part of the total lake and it
should be dealt with now rather than leaving it for someone else in the future.
Councilmembers Senjem moved, McConnell seconded, to table the item of
eminent domain for Western Walls Cascade Commons land for two weeks for
further discussions. Ayes (3), Nays (4). Motion failed. Councilmembers Hruska,
Marcoux, Stobaugh and President Hunziker voted nay.
Councilmember Marcoux moved, Stobaugh seconded, to revise the area subject
to the eminent domain proceeding on Western Walls Cascade Commons land to
include north of the 300 foot strip. Ayes (3), Nays (4). Motion failed.
Councilmembers Evans, Hruska, McConnell and Senjem voted nay.
Councilmembers Stobaugh moved, Marcoux seconded, to approve the proposed
amendment to Chapter 134.11 of the Rochester Code of Ordinances allowing for
violations of front yard parking to be forwarded to the Police Department for
issuance of a citation and to instruct the City Attorney to prepare the required
Ordinance for adoption. Discussion.
Councilmembers noted that in some instances parking occurs along the side and
rear portions of property also causing complaints and unwanted parking
problems. Terry Adkins, City Attorney, recommended to the Council that they
approve only the front yard parking restriction at this time. He noted that the
Rochester Land Development Manual does allow side and rear parking in some
instances and this issue will need to be looked at more closely by Planning staff
before such provision could be included in an ordinance.
Ayes (7), Nays (0). Motion carried.
Councilmembers Stobaugh moved, Hruska seconded, to adopt Resolution No.
358-97 awarding the bid to Sorenson Brothers Construction in the amount of
$1,797,098.17 for Project No. J-6932 "1997 Air Cargo Access Roadway and
Utilities at the Rochester International Airport". Ayes (7), Nays (0). Motion
carried.
Councilmembers McConnell moved, Evans seconded, to adopt Resolution No.
359-97 awarding the bid to Bergman Companies, Incorporated in the amount of
$24,600.00 for "Crack Filling Project at the Rochester International Airport" and
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
AdjoumOdF Meefi g NoE16 MJuly T, �9 5609
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Resolution No. 360-97 authorizing the Mayor and City Clerk to execute the State
Aid Agreement for 2/3 funding for the project. Ayes (7), Nays (0). Motion
carried.
E-6 Councilmembers Hruska moved, Stobaugh seconded, to adopt Resolution No.
361-97 amending a professional services agreement with Holabird & Root for
replacement of fire hall windows at the Terminal and service Building for an
additional amount of $765.00. Ayes (7), Nays (0). Motion carried.
E-7 ICouncilmembers McConnell moved, Stobaugh seconded, to adopt the following
Rochester Public Utility resolutions:
Resolution No. 362-97 to enter into a purchase order agreement with Dave
Syverson Truck Center for a truck cab and chassis with flatbed in the amount of
$42,358.00. Councilmember Hruska questioned why only one bid for the truck.
Larry Koshire, Director of Public Utilities, stated that they did not know why only
one bid as it is a standard truck with standard features.
Resolution No. 363-97 entering into a purchase agreement and Supplemental
Letter of Understanding dated June 23, 1997 with Merrihills Well Corporation for
the Merrihills Water System in the amount of $1.00. It was noted that the
purchase order must include a provision stating that should a large municipal
water storage tank be constructed at some future date to in part serve the
Merrihills water system area, Merrihills customers will be included in the area
assessed for the tank or will pay the then current City water availability fee
(whichever would be most appropriate).
Ayes (7), Nays (0). Motion carried.
E-8 Councilmembers Stobaugh moved, Evans seconded, to approve an On -Sale
Intoxicating Liquor and Sunday license for Victoria's of Minnesota, Inc. DBA
Victoria's Restaurant at 21 Second Street S.W. pending the required insurance
certificates, fees, and departmental approvals. Ayes (7), Nays (0). Motion
carried.
E-9 Councilmembers Evans moved, Marcoux seconded, to approve an On -Sale
Intoxicating Liquor and Sunday license for Carlos O'Kelly's, Inc. DBA Carlos
O'Kelly's Mexican Cafe, 4825 Highway 52 North, pending the required insurance
certificates, fees, and departmental approvals. Ayes (7), Nays (0). Motion
carried.
E-10 Councilmembers Marcoux moved, Evans seconded, to adopt Resolution No.
364-97 authorizing the use of parkland dedication credits originally established
for Fred Schmidt to be used by James Dales for dedication requirements
previously conditioned to be cash in lieu of land for Golfview Second Subdivision
($13,280) and Golfview Third Subdivision ($30,000). Ayes (7), Nays (0). Motion
carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 16 - July 7, 1997
Agenda
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Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No.
365-97 authorizing the preparation of a feasibility report for Project No. 9714 (J-
9436) "Extension of Sanitary Sewer to Serve a Portion of Pinewood Road S.E."
and Resolution No. 366-97 setting a public hearing for August 4th, 1997.
Discussion.
Councilmember Hruska asked if the hearing could be held on August 18th rather
than August 4th as he will be out of town on the 4th and he felt that he should be
present to hear the residents concerns. It was the consensus of the Council that
the public hearing be held at 7:00 P.M., August 18th, 1997. The project will be
advertised and bids will be received for the August 15, 1997 Council meeting.
Ayes (7), Nays (0). Motion carried.
Wishing to be heard on Project No. 9712 (J-9431) "Extension of High Level
Water Service from Northern Hills Golf Course to the S.E. Corner of CSAH 4 and
CSAH 22" was Mark Utz, Moss and Barnett Law Firm, 4800 Norwest Center,
Minneapolis, Minnesota, representing Alpha Realty Corporation. Alpha Realty is
the owner of land that the high level water extension would be going through.
They are in support of the project and ask that the Public Works Department
continue to work with their engineers, McGhie & Betts, to find the most
economical routing of the watermain extension through the Alpha property.
Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution
No. 367-97 receiving the feasibility report for Project No. 9712 (J-9431)
"Extension of High Level Water Service from Northern Hills Golf Course to the
S.E. Corner of CSAH 4 and CSAH 22" and ordering the project to be made.
Ayes (7), Nays (0). Motion carried.
Councilmembers Stobaugh moved, Hruska seconded, to adopt the following
resolutions for Project No. 6301 1/2-2-96 (J-9359) 'Reconstruct North/South Alley
Connecting 3rd Street S.E. and 4th Street S.E.One-Half Block East of
Broadway":
Resolution No. 368-97 ordering the feasibility report,
Resolution No. 369-97 ordering a public hearing to be held on August 4th, 1997
and directing preparation of plans and specifications,
Resolution No. 370-97 declaring the cost of the local improvement, and
Resolution No. 371-97 ordering a public hearing on assessments on August 4th,
1997.
Ayes (7), Nays (0). Motion carried.
Councilmembers Marcoux moved, Evans seconded, to adopt Resolution No.
372-97 entering into an agreement with Yaggy Colby Associates to provide
engineering services for Project No. 9712 (J-9431) "Extension of High Level
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
AdjournedF MReefing NoE16 MJuly 7, 199_I 5 1
Agenda
Item
Water Service from Northern Hills Golf Course to the S.E. Corner of CSAH 4 and
CSAH 22". Ayes (7), Nays (0). Motion carried.
E-15 Councilmembers McConnell moved, Evans seconded, to adopt Resolution No.
373-97 awarding the contract for Project No. 6204-3-94 (J-9327) 'Reconstruct
Pavement and Extend Sanitary Sewer Trunkline on 4th Street S.W. from
Broadway to 2nd Avenue S.W." to Doyle Conner Company for $696,679.79.
Discussion.
Wishing to be heard was Elaine Bergeron, 325 First Avenue S.W., Apartment
204. Ms. Bergeron spoke on behalf of herself and other residents of Newbridge
concerned with the amount of dust that might be generated from the project. Ms.
Bergeron, along with the other residents, suffers from asthma and other life -
threatening respiratory problems that could be aggravated by dust.
Don MacGillivray, Public Works Department, stated that they could ask the
contractor to be aware of the problem and try to alleviate as much dust as
possible. It was also suggested that the manager of Newbridge be contacted to
see what could be done in the building to also help with the potential dust
problem.
Ayes (7), Nays (0). Motion carried.
E-16 Councilmembers Stobaugh moved, Evans seconded, to adopt Resolutions No.
374-97, 375-97 and 376-97 for Dr. and Mrs. John H. Pemberton, 1241 Skyline
Drive S.W., Plat 3755 Parcel 001200, authorizing the Mayor and City Clerk to
enter into the Utility Connection Agreement, authorizing the City Clerk to record
the Utility Connection Agreement with the Olmsted County Recorder, authorizing
the levying of "unpaid charges" against the property and authorizing the levying
of a supplemental assessment against the property. Ayes (7), Nays (0). Motion
carried.
E-17 Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No.
377-97 ordering local improvement Project No. 9713 (J-9434) "Sanitary Sewer
Extension from Property Corner of Edina Realty Northeasterly in Public Right of
Way to a Point Directly Adjacent to Septic System Serving Pemberton Property"
to be made. Ayes (7), Nays (0). Motion carried.
E-18 Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolutions No.
378-97, 379-97, and 380-97 for Mr. and Mrs. Robert L. Hain, 1437 24th Avenue
S.E., Plat 5067 Parcel 006500 authorizing the Mayor and City Clerk to enter into
the Utility Connection Agreement, authorizing the City Clerk to record the Utility
Connection Agreement with the Olmsted County Recorder, authorizing the
levying of "unpaid charges" against the property and authorizing the levying of a
supplemental assessment against the property. Ayes (7), Nays (0). Motion
carried.
E-19 I Councilmembers Senjem moved, McConnell seconded, to adopt Resolutions No.
381-97, 382-97, and 383-97 for property owners in Riverview Subdivision
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
50 - CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 16 - July 7, 1997
Agenda
Item
E-20
E-21
F-2a
F-2b
F-2c
F-3a
authorizing the Mayor and City Clerk to enter into the Utility Connection
Agreement, authorizing the City Clerk to record the Utility Connection Agreement
with the Olmsted County Recorder, authorizing the levying of "unpaid charges"
against the property and authorizing the levying of a supplemental assessment
against the property. Ayes (7), Nays (0). Motion carried.
Councilmembers Hruska moved, Stobaugh seconded, to adopt Resolution No.
384-97 levying the proposed assessments for Project No. 9602 (J-9361)
"Watermain Extension from South Pointe Second Subdivision to Machinery Hill
Subdivision". Ayes (7), Nays (0). Motion carried.
Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No.
385-97 accepting the bid of $14,182.35 from Doyle Conner Company for
Sidewalk Replacement Project No. 5-1997 (J-9424) 'Replacement of Sidewalk at
Various Locations Including Meadow Run Drive S.W., 3rd Avenue and 4th
Avenue S.W. between 5th Street and 6th Street S.W., and Miscellaneous
Locations on 14th Street N.E.". Ayes (7), Nays (0). Motion carried.
An Ordinance Annexing to the City of Rochester Approximately 10.88 Acres of
Land Located in the West Half of the Southwest Quarter of Section 8, Township
107 North, Range 14 West, Olmsted County, Minnesota, was given a first
reading. (located north of 55th Street N.w. and east of 50th Avenue N.W. -
White Oaks Development)
An Ordinance Amending and reenacting Sections 60.413, 60.524, 61.143,
61.213, 61.223, 61.235 and 61.302 of the Rochester Code of Ordinances,
Relating to the Minimal Distance Requirements for Notices of Potential Land Use
Approvals, was given a first reading. Councilmember Senjem moved, Evans
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.
Councilmember Senjem moved, Stobaugh seconded, to adopt the Ordinance as
read. Ayes (7), Nays (0). Motion carried.
An Ordinance Amending Section 134.11 of the Rochester code of Ordinances,
Relating to Prohibited Parking was given a first reading. 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. Councilmember McConnell moved,
Evans seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion
carried.
An Ordinance Amending the Provisions of Ordinance No. 3066 Which Adopted
An Interim Ordinance As To Ordinance No. 3020, Regulating Bed and Breakfast
Facilities, was given a second reading. Councilmembers Marcoux moved,
Stobaugh seconded, to adopt the Ordinance as read. Ayes (7), Nays (0).
Motion carried.
F-3b
An Ordinance Rezoning Certain Property and Amending Ordinance No. 2785,
Known as the Zoning Ordinance and Land Development Manual of the City of
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
Adjoume& MRee ng �oE16 M�ufy 7� 'I9�`/ 5 013
1
Agenda
Item
Rochester, Minnesota, was given a second reading. Councilmembers Marcoux
moved, Evans seconded, to adopt the Ordinance as read. Ayes (7), Nays (0).
Motion carried. (located on Bandel Road N.W., East of TH52 and South of 65th
Street N.W. - rezoned to M-1)
F-3c An Ordinance Amending and Reenacting Section 66.102 of the Rochester Code
of Ordinances, Relating to the Adoption of an Interim Ordinance Regulating the
Issuance of Advertising Sign Permits Within the City, was given a second
reading. Councilmembers Senjem moved, Stobaugh seconded, to adopt the
Ordinance as read. Ayes (7), Nays (0). Motion carried.
Having no further business, Councilmembers Evans moved, Stobaugh seconded,
to adjourn the meeting. Ayes (7), Nays (0). Motion carried.
City Clerk