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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 17 - July 21, 1997
President John 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.
A 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.
It was noted that the Committee on Urban Environment (CUE) is requesting a
60-day extension to the present moratorium to allow them to adequately address
the issues.
Wishing to be heard was Ken Moen of Dunlap, Seeger Law Office, representing
Delight Advertising Company. Mr. Moen noted that they did not have opposition
to the continuance but asked that notice of the CUE meetings be given so that
they and others interested would have an opportunity for input. Sandy Goslee,
Planning & Zoning Department, stated that a sub -committee had been formed to
explore the issue and that Delight and the other sign companies would receive
notice of the meetings.
Wishing to be heard was Chris McCarver, Universal Outdoor, 3225 Spring Street,
Minneapolis, Minnesota. Mr. McCarver noted that they had submitted eleven
(11) applications for permits prior to the moratorium being in place; they have
been patient in waiting but would like some action taken on the zoning
amendment.
Wishing to be heard was Don Prow, 516 17th Avenue N.W. Mr. Prow felt that
the City CUE Committee should be involving one or two of the sign companies in
formulating recommendations to the Council.
Wishing to be heard was Ron Braasch, Braasch Commercial Real Estate, 4600
18th Avenue N.W., Suite 100. Mr. Braasch noted that he and members of the
sign community have attended all of the Council meetings on the zoning
amendment topic and only the first meeting was attended by a member of the
CUE Committee. Mitzi Baker, Planning Department, noted that the focus and
direction from the Council in the beginning was to look at procedures in
accepting applications for permits. At that time other ordinance amendments
were not considered other than the "race to the Courthouse" issue.
Wishing to be heard was Ron Fiscus, representing the Committee on Urban
Environment. He stated that the Committee did send a letter to the City Council
asking them to expand the scope of the present ongoing review. The Committee
would like the involvement and discussion from the advertising companies on the
issues. during the 60-day extension of the moratorium.
Councilmembers Marcoux moved, Stobaugh seconded, to continue the hearing
to the September 15, 1997 meeting. Ayes (7), Nay (0). Motion carried.
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RegularlAdjourneol�eeting NRb M1PluTSOR 1997 5015
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Councilmembers McConnell moved, Evans seconded, to adopt Resolution No.
386-97 directing the City Attorney to prepare a moratorium ordinance, effective
until September 22, 1997, to include the original issues of what to do when a
land owner wishes to re-sign with a different sign company and also the
concerns of the CUE Committee as to general restrictions on the number of
advertising signs in the City. Ayes (7), Nays (0).
B-2 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 submitted.
Wishing to be heard was Bill Kolb, Dobi LLC, 1616 7th Street N.W.. Mr. Kolb
stated that he doesn't know why the delay in the appeal as it does not relate to
what the CUE Committee will be considering.
Terry Adkins, City Attorney, noted that any changes proposed by the CUE
Committee for a change in the present ordinance will have an effect on the
appeal issue as well.
Councilmembers Marcoux moved, McConnell seconded, to continue the hearing
to September 15, 1997. Ayes (7), Nays (0). Motion carried.
B-3 A Hearing on Local Improvement Project No. 9711 (J-9432) "Construction of
Permanent Road Surface on the following street segments: 60th Street S.W.
from TH 63 to 11th Avenue S.W.; 60th Street S.W. from 11th Avenue S.W. to
West Dead End; 11th Avenue S.W. from 48th Street S.W. to 60th Street S.W.;
11th Avenue S.W. from 60th Street S.W. to County Road 16".
Wishing to be heard was Don Brown, Rochester, overseeing the development of
Southern Hills. He felt that with the quality of homes that are being developed, a
blacktop road should be constructed on 48th Street S.W.
Wishing to be heard was Jim Cardinal, 5925 Highway 63 South. Mr. Cardinal
wished to appeal the assessment on the grounds that his property is already
along a paved road. There would be no value added to the property since the
road is already paved.
Wishing to be heard was Bob Ashton, 6724 Buckridge Court N.E., representing
All- Point Development currently doing a subdivision called South Pointe. He
felt that hard surface roads were needed for the area.
Wishing to be heard was DeWayne Mattson, 5700 11th Avenue S.W. Mr.
Mattson noted that he had filed an objection to the project. He noted that
blacktop increases speed on a road approximately 15 miles per hour. Gravel
also seemed safer in the winter months. He also noted that the land contiguous
to Dr. Spencer's land was where the dust has been created and is not shown as
a part of the project on the project map.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
5016 CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 17 - July 21, 1997
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Wishing to be heard was Todd Ustby, 6220 11th Avenue S.W. Mr. Ustby has
filed an appeal on the project; 60 percent of the neighborhood is opposed to the
project. He notes that his portion of the road is already blacktopped. He would
not be in favor of the project unless it was scaled down.
Wishing to be heard was Jerry Reich, 6040 11th Avenue S.W., stating his
objection to the project. He noted that the feasibility report states that there had
been numerous requests for blacktopping; he believes that it has been because
of the complaints. The feasibility report states that it is the City's intent to
blacktop all roads in.the City; Mr. Reich stated that he found that hard to believe.
The blacktop would increase speed and people would have a hard time keeping
their vehicles on the road. The dust problem has been somewhat alleviated by
the City putting recycled blacktop on the road. No safety concerns or future
growth been mentioned in the feasibility report which should be included.
Wishing to be heard was Johanna Russell, 5900 11th Avenue S.W., stating her
objection to the project. She said that it has been promised blacktopping for the
past 10 years by the County; it has been done in pieces. She stated that she
does not need it, does not want to be assessed for it, and can't afford it. It
should be budgeted within the tax structure of the community. The land use plan
adopted in the early 1970's designated the road as a thoroughfare or a connector
road. The road is utilized by many people using the park and reservoir as well
as the developer.
Wishing to be heard was Alice Kerton, 301 21 st Street N.W., Stewartville,
representing her Mother, Virginia Sexton. She was asking the clarification on the
30,000+ feet that was used for the cost on their part of the project. She was told
that it was the frontage on each side of the road times two.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Richard Freese, Public Works Director, told the Council that over the past three
years the City has received numerous calls because of the soft nature of the
roadway Base and the yearly dust problem. This project is budgeted for paving
in the Capital Improvement Program (CIP); the County does not have it in their
CIP for the next five years. Because of the phone calls received, the Public
Works Department needed to know the level of support or opposition for the
project. He stated that some of the neighbors might want to work on cost -
sharing with the private developers along 11th Avenue S.W. He suggested that
the Council might want to have the project start at 48th Street and proceed South
to however far there is interest and from County Road 16 at the South end and
proceed North however far there is interest.
Councilmembers Hruska moved, Evans seconded, to deny the entire project with
the possibility of bringing it back in the future and leaving open the option of
people trying to come to some type of cost -share agreement. Ayes (7), Nays (0).
Motion carried.
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CIZj OF RdOAelet'TIRb M1�1N�uS021 1997 5017
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A Hearing on the Proposed Assessment for Local Improvement Project No. 9711
(J-9432) "Construction of Permanent Road Surface on the following street
segments: 60th Street S.W. from TH 63 to 11th Avenue S.W.; 60th Street S.W.
from 11th Avenue S.W. to West Dead End; 11th Avenue S.W. from 48th Street
S.W. to 60th Street S.W.; 11th Avenue S.W. from 60th Street S.W. to County
Road 16".
Wishing to be heard was Harry Kerr, 1106 Willow Lane S.W. Mr. Kerr noted that
he is totally opposed to the project. When moving to his home, he was not told
about the Willow Creek District, and he does not want to live in the City. The
developers are the ones who are making the money; all people use the road, not
just those living along it. All should be assessed.
Wishing to be heard was Mike Braun, 5308 11th Avenue S.W. In 1977 when
they built they were promised a paved road as were all the others who built. The
lands came into the City in 1989; they have never had anything from the City. In
1995 they received notice that the taxes had gone up even though the
newspaper said no new tax increases in the City. Unfortunately, 12 homes were
raised on 11th Avenue due to their coming into the City. One of the benefits was
supposedly going to be paved roads. He then asked the question, "how do
roads get paved".
Steve Kvenvold, City Administrator, stated that property taxes aren't big enough
to do everything that has to go around. Things, such as roads, get done through
special assessments. Most people don't want to pay more in property taxes.
Wishing to be heard was DeWayne Mattson, 5700 11th Avenue S.W.. Mr.
Mattson noted the Minnesota Statutes 429.051 states that assessments can be
charged to abutting landowners or anyone else benefiting from the improvement.
In this case, the residents using 11th Avenue, 48th and 60th Street could all, be
assessed even though they don't abut.
Wishing to be heard was John Cardinal, 5925 Highway 63 South. He stated that
the "fishhook" that comes off Highway 63 South is a paved road; it was there
when Mr. Cardinal purchased his home and has not deteriorated. Of 350
homeowners in the area, why wasn't some kind of plan proposed to make these
homeowners share in the costs.
Richard Freese, Public Works Director, noted that the All Pointe Development
currently pays $100 per lot for their frontage on 11th Avenue S.W. It is a
possibility that they could continue to pay that as they develop subdivisions on
their frontage on 60th.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmembers Hruska moved, Evans seconded, to deny levying the proposed
assessments for Project No. 9711 (J-9432). Ayes (7), Nays (0). Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular A ' urned Meeting No. 17 - July 21, 1997
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A Hearing on Rochester Urban Service Area Land Use Plan Amendment #97-2
by Mathy Construction Company to amend the land use plan designation from
"low density residential" to the "medium density residential" designation (11.62
acres) and "commercial" designation (6.94 acres) upon property located along
the north side of 2nd Street SW legally described as part of the West half of the
Southwest quarter of Section 34, Cascade Township.
Wishing to be heard was Bill Tointon, McGhie and Betts, representing Mathy
Construction Company, the applicant. He mentioned that the two property
owners that own single family dwellings on this land have also signed the land
use petition and zone change petition. The land was annexed to the City a
number of years ago and came into the City as R-1 lands. Some of the area has
functioned over the past years as commercial property. A road, to be known as
23rd Avenue, is proposed for the west side of the property which would connect
with Second Street S.W. with a possible future access off 21st Avenue vicinity.
Mr. Tointon stated that Brink's Pet Place is requesting to be included in the land
use plan amendment at this time.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No.
387-97 approving Urban Service Area Land Use Plan Amendment #97-2 by
Mathy Construction Company with the conditions as recommended by the
Planning Staff and instruct the City Attorney to prepare Findings of Fact,
Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried.
A Hearing on Type III, Phase II Zoning District Amendment #97-7 by Mathy
Construction Company to rezone 11.62 acres from the R-1 (Mixed Single Family)
to R-3 (Medium Density Residential) and 6.94 acres from R-1 (Mixed Single
Family) to B-4 (General Commercial) upon property located along the north side
of 2nd Street SW legally described as part of the West half of the Southwest
quarter of Section 34, Cascade Township.
Wishing to be heard was Bill Tointon, McGhie and Betts, representing Mathy
Construction Company, the applicant. Mr. Tointon noted that they had no
objection to the five findings of the Planning Staff. He asked that the 25-day
waiting period for the ordinance to be adopted be waived and the ordinance be
given a second reading this evening.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmembers Marcoux moved, Stobaugh seconded, to approve Zoning
District Amendment #97-7 by Mathy Construction Company and instruct the City
Attorney to prepare an ordinance for adoption. Ayes (7), Nays (0). Motion
carried.
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Regularl�djo rneci N(ee�IngETVRb. 17 -N.ruT 0j1, 1997 5619
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A Hearing on Final Plat #97-17 to be known as Circle Drive Corporate Park
Subdivision.
Wishing to be heard was Mac Hamilton, 410 60th Avenue S.W., partner in the
Circle Drive Corporate Park Limited Partnership. The changes in the final plat
are a result of a meeting with the Public Works Department staff. The concerns
and changes were items such as running utilities from one property to another,
interconnecting roadways and to look at what a general development plan for the
area might be. One concern on the part of the developer is that 40th Lane might
be changed to 40th Avenue N.W. Another item of consideration was how to
interconnect with Instrument Drive that could be extended to the west and how
could the cul-de-sac, 40th Avenue N.W., be extended to connect with Circle
Drive. Mr. Hamilton asked for clarification on the recommendations from Public
works and Planning on the controlled access to 40th Avenue N.W. which
seemed to be in conflict.
Mitzi Baker, Planning Department, stated that the request to identify Lot 1, Block
2, for controlled access came from the County Engineer Mike Sheehan. As they
have control of the road, they requested the condition on the plat.
Mike Nigbur, Public Works Department, stated that the controlled access
requested by the City was for the first lot on the west side of 40th Avenue; the
issues of controlled access on the east side of 40th Avenue is dictated by the
County.
Mr. Hamilton was concerned that the County keeps imposing conditions on the
plat without discussing issues with him. He noted that the County now wants to
deny him an access; he said that it would be feasible to accept the conditions on
the access at 40th but that the access opportunity opposite the post office be
allowed. Mr. Hamilton stated that he wanted to have the plat approved even if it
meant that the condition on the access denial imposed by the County was
necessary.
Wishing to be heard was Don Prow, 516 17th Avenue S.W.. Mr. Prow is
involved with ten acres to the right of the access denied by the County. He
stated that he does not believe that enough time and study has been given to
looking at a final plan of the area. He stated that the County also denied him
access to CSAH 4.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Mitzi Baker, Planning Department, gave suggested changes to the conditions
based on the revised plat.
1. The wording of Lot 11 be changed to Lot 1, Block 2, if the Council wishes
to control access along Valleyhigh.
2. The applicant should submit a new concept plan on the extension of 40th
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Regular Adjourned Meeting No. 17 - July 21,1997
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Avenue.
3. An easement for the pond should be dedicated as an outlot.
4. The applicant should provide a temporary turn -around at the south end of
40th Avenue N.W.
5. The applicant shall dedicate a mutually -agreed upon location of an
easement to the south property line for a future watermain extension.
Councilmembers Evans moved, Hruska seconded, to adopt Resolution No. 388-
97 with the amended conditions from the Planning Department. Ayes (7), Nays
(0). Motion carried.
It was the consensus of the Council that a letter be directed to the County
Engineer that the Council agreed to the controlled access from Lot 1, Block 2
with the understanding that access to CSAH 4 the Prow property east of this plat
would be provided.
A Hearing on the Amendment to Development District #7 known as Rochester
Technology Park.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers Hruska moved, Marcoux seconded, to adopt Resolution No.
389-97 adding 28 acres to Development District No. 7 and amend the District
budget and to acquire the 10 acres for $196,000 contingent on the approval of
the annexation. Ayes (7), Nays (0). Motion carried.
A Hearing on the Annual Review of Rural Service District Parcels.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers Stobaugh moved, McConnell seconded, to adopt Resolution
390-97 approving lands as listed on List A of the Resolution as rural service
district parcels. Ayes (7), Nays (0). Motion carried.
Councilmember Stobaugh moved, Evans seconded, to approve the following
consent agenda items:
(See End of C Items)
Adopt Resolution No. 391-97 authorizing the Mayor and City Clerk to execute the
State Aid Agreement for Project No. J-6922 'Roof and Window Replacement on
the Terminal and Service Buildings".
Adopt Resolution No. 392-97 authorizing the Mayor and City Clerk to execute the
State Aid Agreement for Airport Maintenance and Operating Expenses in the
amount of $77,000.
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C-4 Adopt Resolution No. 393-97 accepting the FAA Grant Offer of $1,550,000 and
the State Aid Agreement for $375,000 for Project No. J-6932 "Construct Air
Cargo Access Road, Including Utilities and Security Fencing; construct Cargo
Apron, Phase 1 (grading)".
C-5 I Approve the following licenses and miscellaneous activities:
Cigarette (Over the Counter)
Hy-Vee, Inc. DBA Hy-Vee Food and Drugstore, 1315 Sixth Street N.W.)
Gambling - Temporary
Ruffed Grouse Society, Oronoco at Radisson Plaza Hotel - September
13, 1997 (waive 30 day waiting period)
Rochester Ducks Unlimited at 4-H Building - September 4, 1997
Gambling - Premise Permit
Rochester Boxing Club at First Class Restaurant/Goose Stop Lounge and
John Barley Come Restaurant (waive 60 day waiting period)
Master Plumber
Timothy Ferguson DBA Ferguson Plumbing and Heating
Sidewalks - Cement
Gerald D. Schaefer DBA Schaefer Concrete, Chatfield
Tony Schwartz DBA T.S. Concrete, Elgin
Signs
Phil Garland DBA Nesper Advertising, Inc., Cedar Rapids, Iowa
Sound Amplification
Jerry & Jana Ernst, Block Party at 1825 South Village Drive S.E. - July
26, 1997 (waive 8:00 P.M. restriction)
Eiim Baptist Church, Community Appreciation Day - August 23, 1997
Rochester Assembly of God Church, Xtreme Youth Outreach
Organization, July 25, 1997 and August 9, 1997 (waive 8:00 P.M. restriction)
Miscellaneous Activities
Lin Gentling, MacAttack 5K Run & Walk - August 8, 1997
Rochester Track Club, Holiday Inn Marathon - August 23, 1997
Juvenile Diabetes Foundation, Walk for Diabetes Research - September
20, 1997
C-6 Approve the request from Denise Granger, Broadway Antiques, 324 South
Broadway, for use of the sidewalk to place tables and chairs during the business'
grand opening August 8-14, 1997.
C-7 I Approve a fireworks display for the Rochester Honkers Baseball game for August
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
5022 CITY OF ROCHESTER, MINNESOTA
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7th, 1997 at Mayo Field pending departmental approvals, required insurance
certificates and notification of City residents.
Approve an Off -Sale 3.2 Beer License for Hy-Vee Food and Drugstore #3, 1315
Sixth Street N.W.
Approve the appointment of Edward E. Fritz, Jon O. Turk, Travis J. Riggott and
Dale W. Olson to the position of Police Officer in the Rochester Police
Department.
Approve the appointment of the following individuals to the Human Rights
Commission:
Mark G. Stephenson, to May 1, 2000, expired term of Joan Isaacson
Karin Croft, to May 1, 1998, unexpired term of Ellen Barnett
Maya Nair, May 1, 1998, unexpired term of LuAnne DiMatteo
Adopt Resolution No. 394-97 accepting the feasibility report and setting a hearing
date of August 18, 1997 for Project No. 9717 (J-9441) "Sanitary Sewer to Serve
a Portion of Bandel Road N.W.".
Approve the revision to the feasibility report for Project No. 9704 (J-9423)
"Sanitary Sewer to Serve a Portion of Rose Harbor 1st Subdivision" adding an
additional 400 feet cul-de-sac area known as Oak Avenue.
Adopt Resolution No. 395-97 ordering a feasibility report and Resolution No. 396-
97 setting a hearing for August 18, 1997 for Project No. 6207-4-96A (J-9363)
"Reconstruct 7th Street N.W. from 400 Feet West of 43rd Avenue N.w. to the
West Line of Manor Woods 8th Subdivision".
Adopt Resolution No. 397-97 authorizing the City Clerk to advertise for bids on
August 13, 1997 for Project No. 9706 (J-9422) "Watermain Extension in
Eastwood Road S.E. from Eastwood Golf Course Club House to the East
Approximately 1500 Feet to Serve Eastwood Hills Subdivision".
Adopt Resolution No. 398-97 authorizing the City Clerk to advertise for bids on
August 13, 1997 for Storm Sewer Project No. 3-1996 (J-2174) "Storm Sewer
Extension and Side Yard Lateral on 18th Avenue S.E. West of 8th Avenue S.E. -
280 Feet West"
Adopt Resolution No. 399-97 entering into an agreement with McGhie & Betts,
Inc. to provide engineering services for Project No. 6308 1/2-4-97 (J-9426)
"Reconstruction of 8 1/2 Avenue N.W. from Civic Center Drive to the North Line
of Conley's Addition".
C-17 I Approve Accounts Payable in the amount of $926,992.95.
Ayes (7), Nays (0). Motion carried.
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C-1 Councilmember Hruska that the minutes be amended to reflect that he voted nay
on the motion to table the item of eminent domain for West Walls Cascade
Commons land. Councilmember Hruska moved, Evans seconded, to approve
the minutes of the July 7, 1997 meeting with the correction. Ayes (7), Nays (0).
Motion carried.
D-1 Wishing to be heard was Bill Sepic, Rochester Chamber of Commerce, 220
South Broadway, commenting on the labor negotiation packages for the
department heads and the Professional Employees Association. He did not feel
that the business community was supportive of the cost of living wage
adjustments proposed. He said that neither the cost of living adjustments or
merit increases are reflective of today's business community. He also pointed
out the recent salary survey confirmed that there is disparity between the public
and private wages. He asked that pay increases be based only on merit rather
than cost of living adjustments.
Steve Kvenvold, City Administrator, pointed out that the groups on tonight's
agenda were forced into forming into a union. They were the only groups that
were discussed.
Wishing to be heard was Don MacGillivrary, 1924 Third Avenue S.E., President
and Founder of the Rochester Professional Employees Association. Mr.
MacGillivrary stated that the group just wanted to be treated fairly and that the
courtesy should have been extended to them, as it was to the Chamber of
Commerce, to speak.
Wishing to be heard was Jim Loehr, 2646 Westridge Lane N.W. Mr. Loehr noted
that they had negotiated in good faith and that the cost of living adjustment was
needed to correct some of the wage compression issues that now exist.
Wishing to be heard was Roger Peterson, representative of the Police
Supervisor's Association. The issue that they negotiated was an appropriate
salary spread between ranks supervised. The agreement didn't solve the
compression problem but did address it. They expect to be treated fairly.
Wishing to be heard was Norm Nelsen, 5618 26th Avenue N.W. As a supervisor
at U.S. West, they never dealt with cost of living but only with merit increases.
E-1 Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No.
400-97 approving a meet and confer agreement with the department heads for
the 1997 year effective January 1, 1997. Discussion.
Councilmember McConnell stated that he did not want to go to binding arbitration
but did not think that cost -of -living and merit should be separated but together.
Councilmember Senjem noted that the salary survey showed the city in a very
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Regular Adiourned Meeting No. 17 -*July 21, 1997
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high salary rating. He felt that perhaps a consultant should be hired to study the
salaries and positions.
Steve Kvenvold, City Administrator, agreed that a consultant perhaps could show
us some of our inequities but we will still have to deal with the various contracts
and with the pay equity issue.
Ayes (7), Nays (0). Motion carried.
Councilmembers Evans moved, Stobaugh seconded, to repeal Rochester Code
of Ordinances Section 103 on Cigarette Licensing and instruct the City Attorney
to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion
carried. Terry Adkins, City Attorney, noted that the ordinance will allow the City
to continue licensing until the County starts licensing tobacco products within the
City limits as well as the County.
Councilmembers McConnell moved, Stobaugh seconded, to initiate annexation of
Rochester Township lands 100% surrounded by the City. Ayes (7), Nays (0).
Motion carried.
Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
401-97 executing the no -build easement agreement over City owned property in
favor of Hy-Vee, Inc. Ayes (4), Nays (3). Motion carried. Councilmembers
Evans, Hruska and McConnell voted nay.
Councilmembers Evans moved, Marcoux seconded, to adopt Resolution No.
402-97 approving the Healthco Development Assistance Agreement with the
exception of the Broadway loading zone and the adjacent sidewalks, authorize
City staff to acquire the Woolworth property for the appraised value and
authorize the City Attorney to initiate condemnation of the parcel contingent upon
receipt of a letter of credit from Healthco as provided in the Development
Assistance Agreement. Ayes (7), Nays (0). Motion carried.
Councilmembers Hruska moved, Stobaugh seconded, to adopt Resolution No.
403-97 accepting the low bid from Ford -Metro Glass and entering into a contract
for replacement windows in the Fire Hall at the Rochester International Airport at
a cost of $4,250.00. Ayes (7), Nays (0). Motion carried.
Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No.
404-97 accepting the low bid from Benike Construction and entering into a
contract for Project No. J-6922 "Window and Roof Replacement in the Terminal
and Service Building at the Rochester International Airport" At a cost of
$152,300.00. Ayes (7), Nays (0). Motion carried.
Councilmembers Stobaugh moved, Senjem seconded, to approve the transfer of
the On -Sale (Exclusive) Intoxicating Liquor License and sunday License for
Fabes Sports Bar from D.A.L.F., Inc. to Associated Management, Inc. pending
receipt of the departmental approvals and insurance certificates. Ayes (7), Nays
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CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 17 - July 21, 1997 vr�
(0). Motion carried.
Councilmembers Evans moved, Marcoux seconded, to adopt Resolution No.
405-97 approving a labor agreement with the Rochester Professional Employees
Association for the year 1997. Ayes (7), Nays (0). Motion carried. ,
Councilmembers Marcoux moved, Hruska seconded, to adopt Resolution No.
406-97 approving a labor agreement with the Rochester Police Supervisor's
Association for the years of 1997 and 1998. Ayes (7), Nays (0). Motion carried.
Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No.
407-97 revising Personnel Policy Section XIX Harassment in the Workplace.
Discussion.
It was noted that the present policy is only modified making it more restrictive,
understandable and enforceable.
Ayes (7), Nays (0). Motion carried.
Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No.
408-97 entering to an amendment of the Cascade Township Orderly Annexation
Agreement to annex to the City 27.11 acres of land owned by J.W. Clemens, Inc.
contingent upon signing of the agreement by the Cascade Township Board.
Ayes (7), Nays (0). Motion carried.
Councilmembers Senjem moved, Stobaugh seconded, to table the item on the
Enactment of a False Alarm Ordinance until further information is received. Ayes
(5), Nays (2). Motion carried. Councilmembers Evans and Hruska voted nay;
Councilmember Hruska felt that the item has been delayed long enough.
Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No.
409-97 approving the Comprehensive Pavement Management Strategy,
establishing Special Assessment Rates for Reconstruction, Resurfacing and Curb
& Gutter projects, authorizing the negotiation of a.contract with Braun Intertec for
the Comprehensive Computerized Pavement Management System and
authorizing Informational Meetings. Ayes (7), Nays (0). Motion carried.
Wishing to be heard was Joan DeWitz, 604 11th Avenue N.W. Ms. DeWitt told
the Council that they were wasting money that they didn't have by taking land
that was designed to accommodate 177 townhomes that would represent tax
dollars coming back into the community. She told the Council that they were not
being fiscally responsible.
Wishing to be heard was Robert DeWitz, 604 11th Avenue S.W. Mr. DeWitz told
the Council that they talk about all the trouble that they have in the parks and
now they want another park that will have a bigger lake and create more
hazards. The best place for the trail system is in the middle of the lake.
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CITY OF ROCHESTER, MINNESOTA
ular Adjourned Meeting No. 17 - July 21, 1997
Councilmember Senjem stated that he voted on a south side trail system while
trying to keep in mind Mr. DeWitz's mineral rights to the property. This proposal
takes into effect the trail and the protection of those mineral rights.
Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
410-97 approving the amended description for the eminent domain proceeding
on Western Walls Cascade Commons Land. Ayes (4), Nays (3). Motion carried.
Councilmembers McConnell, Evans and Hruska voted nay.
Councilmembers Senjem moved, McConnell seconded, to adopt Resolution No.
411-97 setting hearing for August 4, 1997 for Expansion of Residential Permit
Parking Zone #5 - Cascade Manor Neighborhood. Ayes (7), Nays (0). Motion
carried.
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 first reading.
An Ordinance Rezoning Certain property and Amending Ordinance No. 2785,
Known As the zoning Ordinance and Land Development Manual of the City of
Rochester, Minnesota, was given a first reading. Councilmembers Marcoux
moved, Senjem 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 Senjem moved, Evans seconded, to adopt
the Ordinance as read. Ayes (7), Nays (0). Motion carried. (Mathy Construction
- North side of 2nd Street S.W.)
An Ordinance Amending Ordinance No. 1466 Relating to the Designation of
Certain Lands in the City of Rochester As Part of the Rural Service District was
given a first reading. Councilmembers Hruska 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. Councilmembers
Stobaugh moved, Evans seconded, to adopt the Ordinance as read. Ayes (7),
Nays (0). Motion carried.
An Ordinance Repealing Chapter 103 of the Rochester Code of Ordinances,
Relating to Cigarettes and Cigarette Paper, was given a first reading.
An Ordinance Annexing to the City of Rochester A Portion of the Southeast
Quarter of the Southeast Quarter of Section 20, Township 107 North, Range 14
West, Olmsted County, Minnesota, was given a first reading. (Clemens
Property)
An Ordinance Creating Section 2.02 of the Home Rule Charter of the City of
Rochester Providing Authority for the City Attorney to Make Non -Substantive
Editorial Changes to the Language of the Charter and Requiring the City
Attorney to Keep Record of the Revisions and to Keep the Charter Current With
Amendments, was given a second reading. Councilmembers Marcoux moved,
Stobaugh seconded, to adopt the Ordinance as read. Ayes (7), Nays (0).
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Motion carried.
F-3b An Ordinance Amending and Reenacting Section 53.03 of the Rochester Code of
Ordinances, Relating to Licenses Fees for Contractors and Master Installers
Licenses, was given a second reading. Councilmembers McConnell moved,
Evans seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion
carried.
F-3c An Ordinance Rezoning Certain property and Amending Ordinance No. 2785,
Known as the Zoning Ordinance and Land Development Manual of the City of
Rochester, was given a second reading. Councilmembers Stobaugh moved,
Hruska seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion
carried. (Fairfield Suites Hotel)
F-3d An Ordinance Creating Section 66.103 of the Rochester Code of Ordinances,
Relating to the Adoption of An Interim Ordinance Regulating the Placement of
Manufactured Home Parks Within the City, was given a second reading.
Councilmembers Marcoux moved, Stobaugh seconded, to adopt the Ordinance
as read. Ayes (7), Nays (0). Motion carried.
F-4a Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution
No. 412-97 entering into a City -Owner Contract for Project No. J-9438 "Basic
Construction in Golfview Estates Third Subdivision Phase II (Lots 1-15, Block 1;
Lots 1-7, Block 2) with Golfview Development, LLC and S.L. Contracting. Ayes
(7), Nays (0). Motion carried.
F-4b Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No.
413-97 entering into a City -Owner Contract for Project No. J-9427 'Basic
Construction in Wedgewood Hills Subdivision Phase I (Lots -1-19, Block 1; Lots
11-14, Block 2, Lot 1, Block 3; Lots 1 & 2, Block 4; Lot 1, Block 5) with Leslie
Lurken and S.L. Contracting. Ayes (7), Nays (0). Motion carried.
F-4c Councilmembers Hruska moved, Stobaugh seconded, to adopt Resolution No.
414-97 entering into a City -Owner Contract for Project No. J-9435 'Basic
Construction in Bamber Ridge Fourth Subdivision Phase II (Lots 1-20 and Lots
40-43 , Block 3) with Willow Development LLC and Elcor Construction. Ayes (7),
Nays (0). Motion carried.
F-4d Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No.
415-97 entering into a City -Owner Contract for Project No. J-9421 "Basic
Construction in Eastwood Hills Subdivision (Lots 1-9, Block 1; Lots 1-9, Block 2;
Lots 1-15, Block 3; Lots 1-14, Block 4, Lots 1-3, Block 5) and Extension of
Sanitary Sewer and Watermain Along TH 14 East From the "Automen" to
Eastwood Hills Subdivision with Fred Schmidt and Elcor Construction. Ayes (7),
Nays (0). Motion carried.
G-1 I Councilmembers Senjem moved, Marcoux seconded, to remove from the table
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
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.5028 Regular Adjourned Meeting No. 17 - July 21, 1997
Agenda
Item
the item on Trunk Highway 52 Interim Safety and Capacity Improvements
Oneway Frontage Road Conversions. Ayes (7), Nays (0). Motion carried.
Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No.
416-97 adding paragraph (9.1) and (9.2) to Section G "One Way Street and
Alleys" to read:
(9.1) The west frontage road of Trunk Highway 52 from First Street
N.W. to 6th Street S.W., one-way southbound.
(9.2) The east frontage road of Trunk Highway 52 from 16th Street
N.W. to 11th Avenue N.W., one-way northbound.
and authorize the installation of an all -way stop at 7th Street N.W. and the East
Frontage Road of TH52. Discussion.
Richard Freese, Director of Public Works, stated that a MNDOT informational
meeting of the commercial businesses in the area showed the reaction to the
access plan as feasible.
Ayes (7), Nays (0). Motion carried.
Having no further business, Councilmembers Marcoux moved, Stobaugh
seconded, to adjourn the meeting. Ayes (7), Nays (0). Motion carried.
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City Clerk
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